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Citation: 51 F. Supp. 562 | Docket No.: 1447-1450
Status: Published | Citing: 1
Summary: 51 F. Supp. With respect to the collision each of the plaintiffs averred: "* * * that said street car and said automobile truck were under the exclusive control and management of defendants herein and that plaintiff is without knowledge as to the cause or causes that operated to bring about the aforesaid collision, but that defendants are possessed of such knowledge, and that said collision would not have occurred except for the negligence of defendants." 47 C.J. § 163, p. 81; Graves v. City & S......read more.


Citation: 57 F.2d 214 |
Status: Published | Citing: 1
Summary: 57 F.2d 214 (1932) CLARK v. UNITED STATES. Counsel for the United States cite in support of the objection the decision of the Circuit Court of Appeals for the Ninth Circuit, in Chetkovich v. United States, 47 F. (2d) 894. The applicable statute, section 832, title 28, USCA, provides: "Any citizen of the United States entitled to commence any suit or action, civil or criminal, in any court of the United States, may, upon the order of the court, commence and prosecute * * * to conclusion any suit ......read more.


Citation: 896 F. Supp. 948 | Docket No.: 95-6098-CV-SJ-6
Status: Published | Citing: 5
Summary: 896 F. Supp. Plaintiff school district seeks short-term relief from a statutory requirement that, pending administrative review of a proposed change of placement, a handicapped child shall remain in the educational setting last agreed to by the school authorities and a parent of the child. The Supreme Court has authorized a very narrow judicial exception to the "stay put" requirement, where the school officials can establish that the current placement is "substantially likely to result in injury......read more.


Citation: 248 F. Supp. 2d 900 | Docket No.: 01-0654-CV-W-FJG
Status: Published | Citing: 11
Summary: 248 F. Supp. Specifically, defendant contends that Dr. Block has no experience with tire design or manufacture and that Dr. Block, himself, does not believe that he is an expert in tire design, tire materials, or tire manufacturing process. Weisgram v. Marley Co., 169 F.3d 514, 523 (8th Cir.1999), affd 528 U.S. 440, 120 S. Ct. 1011, 145 L. Ed. Bonner v. ISP Techs., Inc., 259 F.3d 924, 929 (8th Cir.2001) (quoting Heller v. Shaw Indus., 167 F.3d 146, 152-53 (3d Cir. See Kumho Tire, 526 U.S. at 154......read more.


Citation: 307 F. Supp. 1388 | Docket No.: 2472
Status: Published | Citing: 20
Summary: 307 F. Supp. The thrust of the trial court's opinion, reported at 267 F. Supp. Consider this statement from the affirming decision of the Tenth Ciruit, l. c. 378 F.2d 540: "The essence of appellant's claim is that the federal judiciary should review and determine the validity of military assignments to duty. In these cases, Craycroft v. Ferrall, et al., and Craycroft v. Clifford, et al., 408 F.2d 587 the Ninth Circuit flatly held that an in-service conscientious objector would be required to app......read more.


Citation: 202 F. Supp. 2d 995 | Docket No.: 00-04200-CV-C-5
Status: Published | Citing: 50
Summary: 202 F. Supp. 2d 995 (2002) NATIONAL RIGHT TO LIFE POLITICAL ACTION COMMITTEE, et al., Plaintiffs, v. Charles G. LAMB, et al., Defendants. NRLPAC contends that § 130.049[2] prevented it from making its independent expenditure because it prohibits out-of-state committees from making any independent expenditure within 30 days of a Missouri state election. NRLC thought Missouri's definition of a "continuing committee" in § 130.011(10) might not meet the "bright line" test adopted in Buckley v. Valeo......read more.


Citation: 231 F. Supp. 404 | Docket No.: Civ. A. No. 13236-4
Status: Published | Citing: 21
Summary: 231 F. Supp. F. Russell Millin, U. S. Atty., by William A. Kitchen, Asst. U. S. Atty., Kansas City, Mo., Robert W. Ryan, Jr., Atty., Dept. of Justice, Washington, D. C., for defendant. In due course, pursuant to the ordinance and City Charter, special tax bills were issued against business rental properties owned by the plaintiff Joseph Brecklein individually and as trustee, as follows: Special tax bills Nos. 77 and 79 in the total amount of $9,114.30 were issued against the property owned by Jo......read more.


Citation: 94 F. Supp. 996 | Docket No.: 6288, 6382
Status: Published | Citing: 24
Summary: 94 F. Supp. The complaints therein charge that "in faith and confidence, upon the invitation of the defendant Chrysler Corporation, which is the parent corporation of defendants Chrysler Sales Corporation, and Chrysler Motor Parts Corporation, (plaintiff) disclosed to defendant Chrysler Corporation the secret nature" of an idea and invention claimed to be original with him, relating to improvements in motor cars, particularly as to the manner of placing and guarding license plates thereon. About......read more.


Citation: 646 F. Supp. 1258 | Docket No.: 84-4160-CV-C-5
Status: Published | Citing: 16
Summary: 646 F. Supp. On November 20, 1984, this Court overruled the Secretary's finding that plaintiff was not disabled and remanded for the purpose of determining whether plaintiff was capable of performing any kind of substantial gainful activity. Plaintiff, now 55 years old, alleged disability due to heart problems, shortness of breath, and severe pain caused by arthritis in his hips, elbows, fingers, wrists, shoulders and neck. On May 7, 1982, Peter A. Boyer, M.D., a consulting physician, examined p......read more.


Citation: 666 F. Supp. 1325 | Docket No.: 86-0168-CV-W-6
Status: Published | Citing: 16
Summary: 666 F. Supp. See the recent judicial interpretation and application of an employee handbook by Judge Bartlett in Manser v. Missouri Farmers Ass'n., Inc., 652 F. Supp. Comerio v. Beatrice Foods Co., 616 F. Supp. Sitek v. Forest City Enterprises, Inc., 587 F. Supp. 1381, 1384 (E.D.Mich.1984); Batchelor v. Sears, Roebuck & Co., 574 F. Supp. 1983); Crain v. Burroughs Corp., 560 F. Supp. Nickens v. W.W. Grainger, Inc., 645 F. Supp.


Citation: 520 F. Supp. 1020 | Docket No.: 80-0961-CV-W-4
Status: Published | Citing: 4
Summary: 520 F. Supp. MEMORANDUM AND ORDER DENYING MOTIONS TO DISASSEMBLE GRAND JURY FOR BREACHES OF GRAND JURY SECRECY; FOR PRODUCTION OF DOCUMENTS BY THE UNITED STATES; FOR PRODUCTION OF THE NAMES AND ADDRESSES OF GRAND JURORS AND OTHER PERSONS PRIVY TO THE GRAND JURY PROCEEDINGS; FOR AN EVIDENTIARY HEARING; AND THAT THE PROSECUTOR BE PROHIBITED FROM PRESENTING EVIDENCE UNTIL THE ISSUES RAISED BY THIS MOTION ARE RESOLVED ELMO B. HUNTER, District Judge. Nick Civella, through his attorney, Byron Neal Fox......read more.


Citation: 365 F. Supp. 395 | Docket No.: Civ. A. No. 20122-1
Status: Published | Citing: 6
Summary: 365 F. Supp. Counsel for all parties have presented and we have entered a consent judgment in this Section 1983, Title 42, United States Code, case involving the Jackson County Jail. Because of the assistance this case may render other courts dealing with questions similar to those presented in this case, we believe it appropriate to write this memorandum opinion and to direct publication of the consent judgment and the rules and regulations handbook for the Jackson County Jail which is a part o......read more.


Citation: 713 F. Supp. 1535 | Docket No.: 85-4015-CV-C-5
Status: Published | Citing: 100
Summary: 713 F. Supp. Fusco v. Xerox Corp., 676 F.2d 332, 334 (8th Cir. Parkview Heights Corp. v. City of Black Jack, 467 F.2d 1208, 1212 n. 3 (8th Cir.1972). Price v. Moody, 677 F.2d 676, 677 (8th Cir.1982). The defendants have moved to dismiss this count on the grounds that the plaintiffs have failed to state a claim for tortious inducement of breach of contract and because the defendants Reagen and Rapps are absolutely immune from this tort claim due to the immunity which arises out of the discretiona......read more.


Citation: 92 F. Supp. 2d 954 | Docket No.: 98-0909-CV-W-01
Status: Published | Citing: 47
Summary: 92 F. Supp. 56(e); Lower Brule Sioux Tribe v. State of S.D., 104 F.3d 1017, 1021 (8th Cir.1997). "See e.g. Sorensen v. Shaklee Corp., 31 F.3d 638, 650-51 (8th Cir.1994) (affirming summary judgment where plaintiff's only causation evidence was held inadmissible under Rule 702). Kaplon v. Howmedica, Inc., 83 F.3d 263, 267 (8th Cir.1996) (applying Arkansas law) (internal quotation omitted). See also Tenbarge v. Ames Taping Tool Systems, Inc., 128 F.3d 656, 658-659 (8th Cir.1997) (quoting Kircher). ......read more.


Citation: 928 F. Supp. 910 | Docket No.: Criminal Action No. 95-00161-09-CR-W-3
Status: Published | Citing: 39
Summary: 928 F. Supp. 910 (1996) UNITED STATES of America, Plaintiff, v. Marilyn ROBERTS, Defendant. *911 *912 *913 Patrick McInerney, United States Attorney's Office, Kansas City, MO, for plaintiff. On May 10, 1996, the Honorable Robert E. Larsen, United States Magistrate Judge, issued his Report and Recommendation (the "Report") that determined, inter, that (1) a photo spread shown to Mark Lograsso was impermissibly suggestive, (2) Lograsso's identification of Defendant lacked independent reliability, ......read more.


Citation: 250 F. Supp. 300 | Docket No.: 980, 981
Status: Published | Citing: 4
Summary: 250 F. Supp. In situations in which the Missouri courts have not yet spoken, a federal court in a diversity case "must examine the case law of Missouri to ascertain if there is `any persuasive data that is available, such as compelling inferences or logical implications from other related adjudications and considered pronouncements' of its courts that will lead us to a determination of the liability here claimed", McIntyre v. Kansas City Coca Cola Bottling Co., W.D.Mo.1949, 85 F. Supp.


Citation: 420 F. Supp. 366 | Docket No.: 76 CV-162-C
Status: Published | Citing: 13
Summary: 420 F. Supp. Plaintiff Eugene J. McCarthy, an announced, independent candidate for President of the United States in the election to be held on November 2, 1976, is attempting to appear on the ballot in Missouri as an independent unaffiliated candidate.Plaintiffs Travis A. Rogers and Jennifer H. Harned are registered, qualified voters of Missouri who have actively supported the candidacy of plaintiff McCarthy by circulating nominating petitions for his candidacy and who wish to vote for him for ......read more.


Citation: 216 F. Supp. 301 | Docket No.: 12832-2
Status: Published | Citing: 1
Summary: 216 F. Supp. Dr. Ralph E. Duncan and Anne M. Duncan are husband and wife, residing in Kansas City, Jackson County, Missouri, and they filed their joint income tax return for the taxable year 1956 with the District Director of Internal Revenue at Kansas City, Missouri, and reported thereon a partnership operating loss claimed to have been incurred by them as co-partners operating Ralph Clinic in Kansas City, Missouri. Prior to the calendar year 1956 the plaintiff, Ralph E. Duncan, was a licensed ......read more.


Citation: 545 F. Supp. 569 | Docket No.: Civ. A. No. 81-3089-CV-S-WRC-R
Status: Published | Citing: 11
Summary: 545 F. Supp. 569 (1982) John A. TORTORA, Petitioner, v. Joseph S. PETROVSKY, Warden, United States Medical Center for Federal Prisoners, Respondent. Upon receipt of this information, the United States Parole Commission reopened petitioner's case for a special reconsideration hearing which resulted in a voidance of the previously granted parole. See, e.g., Polizzi v. Sigler, 564 F.2d 792 (8th Cir.


Citation: 413 F. Supp. 886 | Docket No.: 75 CR 52-W-1
Status: Published | Citing: 33
Summary: 413 F. Supp. On May 10, 1976, we entered an interlocutory order which directed production of particular documentary evidence for this Court's in camera inspection in connection with a pending motion to dismiss based in part upon alleged selective and discriminatory prosecution grounds.All correspondence, inter-department communications, intra-department communications and referral documents, together with all supporting documents and reports, relating to any violations of Section 601ff, Title 21......read more.