Cases

ORDER REGARDING DISMISSAL OF CLAIM SHERMAN G. FINESILVER, Chief Judge. This is a case involving allegations of racial discrimination in employment. This matter comes before the Court on Defendant’s Motion to Dismiss 42 U.S.C. § 1981 Claim, filed October 13, 1992. Jurisdiction is based on 28 U.S.C.A. § 1343(3) & (4). Plaintiff failed to respond to the motion. For the reasons stated below, the motion is

The opinion of the. court was delivered by Dawson, J.: This was an action for damages sustained by John Dugger, a section hand, while in the service of the director-general, near Beloit, on the Union Pacific railway. The accident happened thus: Ten section hands and their foreman were riding on a railway hand car.' Four of them were in front facing backward and working the front handlebar, f

991 F.2d 806 NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or further order. Bi

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1603 CONSOLIDATION COAL COMPANY, Defendant – Appellant, v. GEORGIA POWER COMPANY, Defendant – Appellee, and DUKE ENERGY PROGRESS, INC., Progress Energy Carolinas, Inc., Plaintiff, and UNION ELECTRIC COMPANY; AMERICAN ELECTRIC CORPORATIO

818 F.2d 713 Joe E. GARCIA, Plaintiff-Appellee,v.BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellant,andAssociation of American Railroads and National Associationof Railroad Trial Counsel, Amici Curiae. No. 84-1318. United States Court of Appeals,Tenth Circuit. April 22, 1987. Richard D. Hall

MEMORANDUM OPINION AND ORDER ECONOMUS, District Judge. This matter is before the Court upon Defendants, Motions for Summary Judgment (Dkt. 31, 40) and Plaintiffs Motion for an Order denying Defendants’ Motion for Sum*914mary Judgment (Dkt.# 34). This Court granted Public Law Board 3882’s (“PLB”) Motion to Dismiss (Dkt.# 14) by marginal entry order

MURRAH, Circuit Judge. This is an appeal from a summary judgment denying recovery of damages for the loss of a carload of wheat in the yards of the appellee-carrier by an unprecedented flood. The trial court held under stipulated facts that there was a negligent delay in switching the car from the appellee’s yards to a subsequent ca

Barnes, C. This was a suit in equity, in which George W. Seiyer was plaintiff and the Union Pacific Railroad Company, George Miltonburger and Walter Miltonburger were defendants. The trial resulted in a decree enjoining the Miltonburgers from suing out or prosecuting any further or other proceedings in garnishment against the said Seiyer, and at the same time the Union Pacific Railroad Company was restrained and enjoined fro

McKAY, Circuit Judge. „ Plaintiff, Joe E. Garcia, was an employee of defendant, Burlington Northern Railroad Company. He was seriously injured when an Electromatic Tamper backed over his left leg. The leg was amputated, and plaintiff sought recovery in a two-count complaint filed against defendant. Count one alleged that defendant was negligent under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60 (1982) (FELA), and

MEMORANDUM OF DECISION JAMES B. HAINES, JR., Bankruptcy Judge. In these consolidated adversary proceedings, the trustee of Bangor and Aroos-took Railroad Company (“BAR”)1 asserts that the defendants, other railroads who were entitled to payment from BAR for interline freight charges at all pertinent times, “improved their position” vis a vis BAR during the ninety days before ban

Judgment rendered March 4, 2020. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. No. 53,219-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** ROGER REEVES, SUSAN Plain

TABLE OF CONTENTS PAGE I. INTRODUCTION 335 II. FINDINGS 339 A. The Hiring System 339 B. The Philadelphia Plan 342 C. The Benjamin Franklin Programs I and II 345 D. Procedural History 347 E. The Delays and Contempt Issues Involving Abraham Freedman, Esquire 348 F. The Named Plai

WILBUR K. MILLER, Circuit Judge. On the morning of November 1, 1949, an Eastern Air Lines DC-4 plane was flying from New York to Washington, carrying fifty-one passengers and a crew of four. When it was on final approach for landing on runway 3 at the Washington National Airport and at an altitude of about 300 feet, the airliner was str

The opinion of the court was delivered by Valentine, J.: This case has once before been to this court. (C. B. U. P. Rld. Co. v. Andrews, 26 Kas. 702.) After its return to the district court, another trial was had before the court and a jury, and a judgment was rendered in favor of the plaintiff below, defendant in error, and against the defendant below, plaintiff in error, for $2,000 damages,

Opinion for the Court filed by Senior Circuit Judge MacKINNON. MacKINNON, Senior Circuit Judge: Appellants United Transportation Union (the Union), T.E. Lloyd and Patrick Saunders challenged in district court the decisions of appellees Drew Lewis, Secretary of Transportation, and Robert

486 P.2d 630 (1971) MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a Corporation, Plaintiff in Error, v. Jay W. MILLER, Defendant in Error. No. 42802. Supreme Court of Oklahoma. May 25, 1971. Rehearing Denied July 6, 1971. William A. Thie, Bonds, Matthews & Mason, A. Camp Bonds, Tom R. Mason, Muskogee, for plaintiff in error. Stipe, Gossett &

ACCEPTED 04-15-00118-CV FOURTH COURT OF APPEAL

700 F.2d 1067 112 L.R.R.M. (BNA) 2928, 97 Lab.Cas. P 10,204 ANCHOR MOTOR FREIGHT, INC., Plaintiff-Appellant, Cross-Appellee,v.INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS,WAREHOUSEMEN & HELPERS OF AMERICA, LOCAL UNION NO.377, Defendant-Appellee, Cross-Appellant,v.TEAMSTERS FOR A DEMOCRATIC UNION, and Stephen Kindred,Third-Party Defendants-Appellees. Nos. 8

CORNELIA G. KENNEDY, Circuit Judge. Appellant Anchor Motor Freight, Inc. (Anchor) appeals from a summary judgment dismissing its complaint granted by the Honorable John M. Manos, United States District Judge, Northern District of Ohio. Anchor’s complaint alleged that International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local Union No. 377 (Union) had violated Article 7, Section 2 of the

JOHN R. BROWN, Chief Judge: What this case presents is whether the failure of a nominal shipper to pay an additional $6.88 for Trans-Isthmian handling charges on equipment directly destined to a Panama Canal Company construction contract limits Canal Company’s liability for cargo damage to less than the full stipulated loss of $9,610.85. For reasons peculiar to the relationship