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Summary: 164 F. Supp. 2d 649 (2001) Lester Eugene HARMON, Plaintiff, v. Richard BUCHANAN, Individually and in his official capacity as Sheriff of Avery County; and Ed Williams, Individually and in his official capacity as a Deputy of the Avery County Sheriff's Department, Defendants. In short, plaintiff claims that the force used by Deputy Sheriff Ed Williams in subduing plaintiff on a rural road in Avery County was excessive in that the deputy struck him on the head from behind with a blunt instrument w......read more.


Summary: 454 F. Supp. 2d 475 (2006) Eric Lawrence CALL, Petitioner, v. Marvin POLK Warden, Central Prison, Raleigh, North Carolina, Respondent. I. STANDARD OF REVIEW Title 28 U.S.C. ง 2254 provides in pertinent part: (a) [A] district court shall entertain an application for a writ of habeas corpus [o]n behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States. . . . . . (d) An ......read more.


Summary: 265 F. Supp. 2d 594 (2003) Betty R. BYRD, Plaintiff, v. Jack HOPSON; Barbara Hopson; Cynthia Hopson; Holger C. Nelson; Kenneth R. Fox, in his individual capacity and as Sheriff of Mitchell County; and Donald Street, in his individual capacity and as Deputy Sheriff of Mitchell County, Defendants. Defendant Cynthia Hopson's motion for summary judgment, filed April 4, 2003, to which response was filed on April 23, 2003; 7. Flood v. New Hanover County, 125 F.3d 249, 251 (4th Cir.1997); Shepard's, Mo......read more.


Summary: 402 F. Supp. The Plaintiff, Ralph G. Hill, brought this action in state court alleging that Defendant, Southern Railway Company, wrongfully suspended him from his job as a trainman on or about September 6, 1971 without just or sufficient cause, and in violation of the bargaining agreement between the Defendant, Southern Railway Company, and the Union Transportation Union (UTU) of which Plaintiff was a member. In its Motion for Summary Judgment the Defendant alleges that the Plaintiff failed to a......read more.


Summary: 534 F. Supp. The defendants Volkswagen rely on Wilson v. Ford Motor Company, 656 F.2d 960 (4th Cir. It is of record (Sealey v. Ford Motor Co., 499 F. Supp. Two district judges in North Carolina have upheld liability in such cases of aggravation and two have denied liability; contrast Sealey v. Ford Motor Co., supra, and Isaacson v. Toyota Motor Sales, 438 F. Supp. 1 (E.D. N.C.1976), with Alexander v. Seaboard Air Line Railroad, 346 F. Supp.


Summary: 678 F. Supp. Collins asserts that Gallo, by unreasonably withholding its consent to the transfer of Southern's franchise to Collins, violated N.C.G.S. 18B-1200, et seq., the North Carolina Wine Distribution Agreements Act.


Summary: 692 F. Supp. Plaintiffs' Amended Complaint, filed July 20, 1988, alleges in substance that Defendants were principals in Heritage Village Missionary Fellowship, Inc. ("PTL"), an enterprise engaged in interstate commerce; that its activities affect interstate commerce within the meaning of RICO; that Defendants were directors on the board of PTL; that Plaintiffs, at all times citizens and residents of West Virginia, paid $1,000 to PTL in consideration of a "lifetime partnership," the purchase bei......read more.


Summary: 759 F. Supp. THIS MATTER is before the Court on Defendant's motions for summary judgment on Defendant's counterclaim and Plaintiff's complaint. In February, 1988, Defendant extended an offer for Plaintiff to leave his position as a stock broker with Paine Webber in Charlotte, North Carolina to join its office in the same city. After being discharged, Plaintiff has claimed that the real reason for the termination was that he discovered widespread insider trading was being conducted by employees o......read more.


Summary: 766 F. Supp. The proffered evidence consists of cross examination of the prosecuting witness, an alleged statutory rape victim (hereinafter "complainant"), and certain extrinsic evidence, all intended to show that in the past the complainant had schemed to accomplish certain personal goals by falsely accusing three older men of sexual abuse. On December 4, 1990, after voir dire had resulted in the selection of eight jurors, the Government notified the Court of the complainant's desire to have in......read more.


Summary: 648 F. Supp. 964 (1986) Edwin V. GRIFFIN; June A. Griffin; Troy C. Garren; and Eula Man Garren, Plaintiffs, v. TENNECO RESINS, INC., individually and as successor to Berkshire Color & Chemical Co.; CIBA-GEIGY Corporation, individually and as successor to American Color & Chemical Co.; E.I. DuPont DeNemours Co.; Crompton & Knowles Corporation; Synalloy Corporation; and Atlantic Chemical Corporation, Defendants. Terry B. BLACKWELL, as Executrix and Personal Representative of the Heirs and Estate o......read more.


Summary: 202 F. Supp. On April 23, 2001, Petitioner then filed an application for a Writ of Mandamus to the Fourth Circuit pursuant to Rule 21(a) of the Federal Rules of Appellate Procedure, in which he argued that his prior motion for relief pursuant to Rule 60(b)(4) was improperly characterized by this Court as a successive § 2255 motion and sought relief on the above-mentioned grounds. *473 Subsequently, on August 3, 2001, Petitioner filed a "Motion for a Writ of Habeas Corpus ..." He argues that this......read more.


Summary: 245 F. Supp. 759 (1965) Grace CHAMBERS, Doris Yvonne Greene, Mary Ann White, and the North Carolina Teachers Association, a corporation, Plaintiffs, v. This is a class action brought by three Negro teachers and the North Carolina *760 Teachers Association[1] against the Hendersonville City Board of Education. The teachers and the Association seek to invoke the equitable jurisdiction of the court, and allege that the School Board has denied reemployment as teachers to the individual plaintiffs an......read more.


Summary: 495 F. Supp. 9 (1979) Ronald F. JACKSON, Petitioner, v. Sam P. GARRISON, Warden, Central Prison, North Carolina Department of Correction, Raleigh, North Carolina, Respondents. See United States v. Wilson, 361 F. Supp.


Summary: 384 F. Supp. The plaintiff, Wayne-Gossard Corporation, brings this civil action against the defendant, Moretz Hosiery Mills, Inc. seeking compensatory and injunctive relief for the alleged infringement of a patent for a "foot cover" and the method of manufacturing such cover. The district court held the Patent to be valid and infringed by Russell Hosiery Mills, 274 F. Supp. Wayne Knitting Mills v. Russell Hosiery Mills, 400 F.2d 964 (4th Cir. These new claims incorporated language which the Cour......read more.


Summary: 694 F. Supp. THIS MATTER is before the Court on the Government's objections, filed June 30, 1988, pursuant to Section 636(b)(1) of Title 28, United States Code, to the Magistrate's proposed findings of fact, conclusions of law, and recommendation on Defendant's Motion to Suppress. On June 21, 1988, United States Magistrate Paul B. Taylor entered a Memorandum and Recommendation which granted Defendant's Motion to Suppress certain physical evidence. MEMORANDUM OF DECISION I. PRELIMINARY STATEMENT ......read more.


Summary: 113 F. Supp. 2d 862 (2000) Joshua Ortel HATFIELD, Petitioner, v. Robert SMITH, Superintendent, and the State of North Carolina, Respondents. On appeal, Hatfield argued the trial court committed reversible error by refusing to allow defense counsel to ask the following question of prospective jurors during voir dire: "Do you believe children are more likely to be telling the truth because acts are of a sexual nature?" The North Carolina Court of Appeals held, "In sum, the question was allowable a......read more.


Summary: 444 F. Supp. 2d 467 (2006) Kimberly HOYLE, Plaintiff, v. UNITED AUTO WORKERS LOCAL UNION 5285, and The International Union UAW, Defendants. Plaintiff Kimberly Hoyle's ". . . Brief in Opposition to Defendant UAW International's and UAW Local 5285's Motions for Summary Judgment" and attachments (document # 26) filed June 15, 2006; 5. The CBA also requires Freightliner to pay the wages of certain of Local 5285's representatives, including the union's "Health and Safety Representative," although Fre......read more.


Summary: 606 F. Supp. 569 (1985) NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE, INC., and its affiliate, the Statesville Branch; Charles Roman and Willie Beatty, Plaintiffs, v. CITY OF STATESVILLE, NORTH CAROLINA; City Council of Statesville, N.C.; its Successors and Agents; David L. Pressly, Mayor; Council Members Ralph W. Grose, Reese Childers, Frank Crowson, Max Kyles, John Gregory, and William T. Gill and their Succors and Agents; Iredell County Board of Elections, and its members James ......read more.


Summary: 893 F. Supp. 565 (1995) Robert BERTOTTI and Carole Bertotti, Plaintiffs, v. CHARLOTTE MOTOR SPEEDWAY, INC. and World Karting Association, Inc., Defendants. This matter is before the Court upon joint motion of the defendants World Karting Association ("WKA") and Charlotte Motor Speedway ("the Speedway") for summary judgment and joint motion to strike the affidavit of John C. Fitch, submitted by the plaintiffs in response to the defendants' motion for summary judgment. [2] In their motion for summ......read more.


Summary: (2008) SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. John F. MANGAN, Jr., Defendant. BACKGROUND This lawsuit arises out of a short sale of stock[1] in a company called CompuDyne Corporation ("CDCY") made by the Defendant, John F. Mangan ("Mangan"). Mangan and McColl made the decision on October 8th that HLM Securities LLC ("HLM"), an entity owned by McColl, would purchase 80,000 shares of CDCY common stock through the PIPE. The SEC claims that such alleged conduct violated 17(a) of the Secur......read more.