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Summary: 473 F. Supp. For the reasons stated below, the Court finds that the arbitration agreement is enforceable, except for the cost-splitting and confidentiality provisions, which will be severed. By signing this Arbitration Rider, you agree that either Lender or you may request that any claim, dispute, or controversy . . . arising from or relating to this Agreement or the relationships which result from this Agreement, including the validity or enforceability of this arbitration clause, any part ther......read more.


Summary: 629 F. Supp. 121 (1985) Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff, v. GEORGE LAI CONTRACTING, LTD., Defendant. David Workman voiced his concern about the safety of the scaffolding to Foreman Dake shortly after Gary Crawford almost fell off of it. See McDowell v. Avtex Fibers, Inc., 740 F.2d 214, 217 (3d Cir.1984); Darnell v. City of Jasper, 730 F.2d 653, 657 n. 3 (11th Cir.1984); Rasimas v. Michigan Department of Mental Health, 714 F.2d 614, 627-28 (6th......read more.


Summary: 943 F. Supp. 1174 (1996) UNITED STATES of America, Plaintiff, v. Russell D. FAIRCHILD, Defendant. Before this Court is defendant Russell D. Fairchild's motion to suppress statements, filed May 24, 1996. On August 28, 1996, Magistrate Judge Robert E. Larsen entered a report and recommendation addressing defendant's motion to suppress statements. It is further *1176 ORDERED that the defendant's motion to suppress statements, filed May 24, 1996, is denied. REPORT AND RECOMMENDATION TO DENY DEFENDAN......read more.


Summary: 459 F. Supp. [1] Plaintiff's income tax liability for the period of January 1, 1978 through May 13, 1978 was calculated pursuant to a termination assessment under the provisions of 26 U.S.C. § 6851. Bremson v. United States, 459 F. Supp. State of Minnesota v. United States, 525 F.2d 231, 233 (8th Cir. 1975); Transport Manufacturing and Equipment Co. v. Trainor, 382 F.2d 793, 797 (8th Cir. In both L. O. C. Industries, Inc. v. United States, 423 F. Supp. 265 (M.D.Tenn.1976), and Mrizek v. Long, 18......read more.


Summary: 681 F. Supp. McGee v. South Pemiscot School District R-V, 712 F.2d 339, 344 (8th Cir.1983). National Fire Insurance Co. v. Walker Laundry & Dry Cleaning Co., 90 F. Supp.


Summary: 376 F. Supp. 1074 (1972) Ann BETHUNE et al., Plaintiffs, v. UNITED STATES of America, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, et al., Defendants. Intervening plaintiffs James B. Devaney and Olivette F. Devaney appeared in person and by counsel William J. Gilwee.




Summary: 357 F. Supp. Petitioner is in custody under a judgment and sentence of the Circuit Court of Greene County, State of Missouri, in which he was convicted of first degree robbery. Petitioner states that he was convicted on his plea of guilty; that his sentence was imposed on the 1st day of March, 1963 for a period of 15 years; that he did not appeal from the judgment of conviction and imposition of sentence; that he filed a motion to vacate his conviction and sentence under Missouri Criminal Rule 2......read more.


Summary: 666 F. Supp. 170 (1987) KANSAS CITY, MISSOURI, Plaintiff, v. TRI-CITY CONSTRUCTION COMPANY and United States Fidelity & Guaranty Company and The Internal Revenue Service, Defendants. 2d 1365 (1960); Tony Thornton *172 Auction Service v. United States, 791 F.2d 635, 637 (8th Cir.1986); United States v. Trigg, 465 F.2d 1264, 1267 (8th Cir.1972). See also Housing Authority v. General Insurance Co., 392 F. Supp. United States v. Jenison, 484 F. Supp. See, e.g., Home Indemnity Co. v. United States, 3......read more.


Summary: 515 F. Supp. June 19, 1997), aff'd, 162 F.3d 1163, 1998 WL 403200 (8th Cir.1998), cert. Co., 282 F.3d 1005 (8th Cir.2002)("Canady II"). McClain v. American Economy Insur., 424 F.3d 728 (8th Cir. However, in that Order, the Eighth Circuit raised the question whether the McCarran Ferguson Act applied, stating: Congress addressed the extent to which enforcement of federal statutes may be permitted to impact state regulation of insurance in the McCarran-Ferguson Act, 15 U.S.C. §§ 1011-1015, enacted ......read more.


Summary: 801 F. Supp. The first question presented is whether the Driver's Privacy Protection Act ("DPPA") permits a reseller to obtain driver's license information from a state when its sole purpose is to resell the information to third parties. The DPPA makes it generally "unlawful for any person knowingly to obtain or disclose personal information, from a motor vehicle record, for any use not permitted under section 2721(b) of this title." (3) For use in the normal course of business by a legitimate b......read more.


Summary: 340 F. Supp. In Standard Pretrial Order No. 2 filed herein on December 24, 1970, it is agreed by the parties that: "The plaintiff, Mission Insurance Company, and defendant MFA [Mutual] Insurance Company each deny that their insurance policies cover James Mackey at the time that he allegedly upset said Plymouth automobile and defendants Linda and Larry Hale were allegedly injured, for the reason that the said James Mackey did not have permission to drive said automobile and said automobile was no......read more.


Summary: 917 F. Supp. See United States v. DePugh, 993 F.2d 1362, 1363 (8th Cir.1993). That suit claimed that plaintiff's First and Fourth Amendment rights were violated by the Missouri state search because Swearingin executed a search warrant not supported by probable cause and seized miscellaneous items not covered by the warrant. Judge Fernando Gaitan of this Court granted Swearingin's motion for summary judgment on the grounds that collateral estoppel applied to prevent plaintiff from pursuing these ......read more.


Summary: 410 F. Supp. The case came before this Court in April 2002 when plaintiff American Home Assurance Company ("American Home") brought this diversity suit under the Federal Declaratory Judgment Act, 28 U.S.C. § 2201 ("FDJA"), against Kelly Pope and defendant ad litem C. Robert Buckley ("ad litem Buckley"). On October 13, 2005, this Court, in compliance with the Eighth Circuit's mandate, entered summary judgment in favor of defendants Pope and ad litem Buckley and found that American Home has a duty......read more.


Summary: 240 F. Supp. 2d 1038 (2002) UNITED STATES of America, Plaintiff v. Robert R. COURTNEY, Defendant. *1039 ORDER DENYING DEFENDANT'S MOTION FOR RELEASE ON BOND LARSEN, United States Magistrate Judge. Before the court is defendant's motion to reconsider the detention order entered on August 21, 2001. After considering the evidence presented at the hearing on December 17, 2001, and December 19, 2001, I find that there is no single condition or combination of conditions of release that could reasonabl......read more.


Summary: 60 F. Supp. The language of the motion conforms to the statutory requirements, as follows: "In any case where the number of libel for condemnation proceedings is limited * * * the proceeding pending or instituted shall, on application of the claimant, seasonably made, be removed for trial to any district agreed upon by stipulation between the parties, or, in case of failure to so stipulate within a reasonable time, the claimant may apply to the court of the district in which the seizure has been......read more.


Summary: 75 B.R. 738 (1985) In the Matter of Marvin W. DAVISON and Betty S. Davison, d/b/a Davison Enterprises and Subsidiaries, Debtors. CITIZENS STATE BANK OF NEVADA, MISSOURI, Appellant, v. Marvin W. DAVISON and Betty S. Davison, d/b/a Davison Enterprises and Subsidiaries, Appellees. Appellees also point to Appellant's indexing of their file under "Davison, Marvin W. and Betty S. d/b/a Davison Enterprises," as further support for their assertions that Betty had an ownership interest in the business. M......read more.


Summary: 546 F. Supp. 1237 (1982) CENTRAL NATIONAL INSURANCE COMPANY, et al., Plaintiffs, v. CITY OF KANSAS CITY, MISSOURI, et al., Defendants. The HOME INSURANCE COMPANY, Plaintiff, v. CITY OF KANSAS CITY, MISSOURI, et al., Defendants. In these two actions, a total of three insurance companies have sued the same three defendants: City of Kansas City, Missouri, St. Louis-San Francisco Railway Company, and Missouri Pacific Railroad Company. I. MOTION FOR SUMMARY JUDGMENT BY DEFENDANT KANSAS CITY, MISSOURI......read more.


Summary: 619 F. Supp. F. Fisher, John M. Kilroy, Jr., Shughart, Thomson & Kilroy, Kansas City, Mo., Edmund B. Frost, John A. Zackrison, Kirkland & Ellis, Washington, D.C., Robert F. St. Aubin, FMC Corp., Philadelphia, Pa., for FMC Corp. Neil D. Williams, Overland Park, Kan., James F. Duncan, Watson, Ess, Marshall & Enggas, Kansas City, Mo., Allan J. Topol, Patricia A. Barald, David F. Williams, Covington & Burling, Washington, D.C., for IBM Corp. Richard F. Adams, Ben R. Swank, Jr., John J. Williams, III......read more.


Summary: 313 F. Supp. In his complaint herein under the Federal Civil Rights Act, plaintiff, a state convict confined in the Missouri State Penitentiary, states that he was denied all medical treatment by defendants from October 14, 1969, to October 28, 1969, though he requested medical treatment, and that he was denied medical treatment upon finally being taken to the prison hospital on October 28, 1969, though he needed and requested such medical treatment.