Cases

532 F.Supp.2d 933 (2008) Cynthia G. DYER and Robin, Campbell, Plaintiffs, v. WIREGRASS HOSPICE, L.L.C., individually and d/b/a Lazarus Health Hospice and Geneva Health Services (USA), Inc., d/b/a Gentiva, Defendants. Case No. 2:07-cv-0025. United States District Court, M.D. Tennessee, Northeastern Division. January 24, 2008. David Owen Day, Day & Birdwell, P.C.,

21 F.Supp.2d 138 (1998) Andre St. PIERRE and Que-Van Transport, Inc., Plaintiffs, v. Luke R. DYER, Defendant and Cross-Defendant; Coburn Insuring Agency, Inc., Defendant, Cross-Defendant and Counter-Defendant; and Agents Service Corporation, Defendant and Cross-Claimant; Luke R. DYER, Third-Party Plaintiff, v. AMERICAN IRON AND METAL, INC., Third-Party Defendant, Counter-Defendant and Cross-Defendant; and Connecticut I

ON MOTION FOR REHEARING This is a case of first impression in Texas. The issue is whether the beneficiary of a will can effectively disclaim her inheritance pursuant to § 37A of the Texas Probate Code although disclaiming would defeat the rights of a judgment creditor. Appellant, Roland Edward Dyer, alleges that appellees conspired to defraud him of the ability to satisfy a default judgment of $1.08 million rendered against ap

The Texas Company, a foreign corporation, the appellant here, has been since 1926, and now is, engaged, in the state of Mississippi, in the sale, storage, and distribution of gasoline, kerosene, and other products, and, under the provisions of chapter 93, Laws of 1932, was under the duty to make a report of the amount of its transactions, for the purposes of taxation, for the month of April, 1932, on or before the 15th day of May, 1932. Section 8 of said chapter 93 reads as follows: "Mont

28 B.R. 371 (1982) In re ALLGEIER & DYER, INC., Debtor. WESTERN WATERPROOFING CO., INC., et al., Appellants, v. ALLGEIER & DYER, INC., L. Stanley Chauvin, Jr., Appellees. Bankruptcy No. C 82-0261-L(B). United States District Court, W.D. Kentucky, at Louisville. October 22, 1982. L. Stanley Chauvin, Jr., Louisville, Ky., for appellees. Jerry F. Saf

WEBBER, Justice. On this appeal by the defendant from a conviction by jury verdict of uttering a forged check, only one issue requires discussion here. Defendant asserts that venue in Cumberland County was never proved. It is true that, although the indictment charged that the offense occurred in Portland in the County of Cumberland, no witness fixed the location in precise terms. On the other hand there was evidence that the

498 F.Supp.2d 954 (2007) Steven M. EICKEN, Plaintiff, v. USAA FEDERAL SAVINGS BANK and USAA Savings Bank, Defendants. Civil Action No. H-05-4139. United States District Court, S.D. Texas, Houston Division. July 26, 2007. *955 *956 Neal Durant Cannon, Jr., Attorney at Law, Houston, TX, for Plai

151 P.3d 103 (2006) 2006 OK 73 BANK OF the WICHITAS, an Oklahoma Banking Corporation, Plaintiff/Appellant, v. Maxine LEDFORD, Herman Ledford, Voyle C. Holder, and Janet S. Holder, Defendants/Appellees, Tommie J. Holder, Ellen J. Holder, Janet S. Wright, Jackson County Treasurer, and The Board of County Commissioners of Jackson County, Defendants, Bank of the Wichitas, an Oklahoma Banking Corporation, Plaintiff/Appe

403 B.R. 514 (2009) In re Hendricus Joseph DeREE, Debtor. Amy L. Bostic, Plaintiff, v. National City Bank, et al., Defendants. Bankruptcy No. 07-60347. Adversary No. 08-02061. United States Bankruptcy Court, S.D. Ohio, Eastern Division. March 26, 2009. *516 Michael T. Gunner, Hilliard, OH, for Debtor. Amy L. Bostic, Co

BECKER, District Judge. This is a suit by Joe R. Dyer, plaintiff, for refund of income taxes in the amount of $312.00 paid for the year 1960, plus interest as provided by law. The factual case was submitted by agreement upon a partial stipulation of facts, and upon the plaintiff’s answers to defendant’s interrogatories. The facts as stipulated by the parties are as follows:

405 F.2d 990 FIRST BANK AND TRUST COMPANY, OF PRINCETON, KENTUCKY, Administrator of the Estate of Theodore Stanton, Deceased, and First Bank and Trust Company, Administrator of the Estate of Mary Louise Stanton, Deceased, Appellants,v.Janet Ann Brantley FEUQUAY, and Bert Gaskins, Executors of the will of E. D. Brantley, Deceased, Appellees. No. 18551. United States Court of Appeals Sixth Ci

Reversing. The appeal presents primarily a question of practice of a suit in equity in courts not having continuous sessions. A suit for divorce was filed by William Dyer against Naomi Dyer on August 20, 1945. She was served with summons on the 24th and on that day filed the following stipulation: "This is to state that all property rights between us have been settled. I enter my appearance to this action for divorce and agree that the case may be docketed and tried witho

WELLFORD, Circuit Judge. Defendants Laurel County, Laurel County Fiscal Court-, and Laurel County Board of Education (collectively, the “county agencies”) appeal from an order of the district court granting plaintiff United Pacific Insurance Company (United Pacific), a performance and payment bond surety on a public construction project, summary judgment on its claim for funds payable under the construction contract. Defenda

52 S.W.3d 749 (2001) In re FIRSTMERIT BANK, N.A. f/k/a Signal Bank, N.A. and Mobile Consultants, Inc., Relators. No. 00-0548. Supreme Court of Texas. Argued February 14, 2001. Decided June 14, 2001. *752 John A. Seib, Jr., The Seib Law Firm, Dallas, Michael Deitch, Law Offices of Michael Deitch, Austin, Steven Marc Rebac

By Judge Charles E. Poston This action is now before the court for decision on several demurrers and motions for summary judgment filed by the defendants. The facts, taken in a light most favorable to the plaintiffs, are stated in their amended motion for judgment and will not be restated except as necessary to explain the court’s rulings. The various matters for decision will be considered seriatim.

Opinion op the Court by Judge Settle — Affirming. The appellee, Mrs. M. E. Dyer, owns a life estate in 255 acres of land near Sturgis, in Union county. The remaindermen owning the fee are the other appellees, ten in number, who are the children of John M. Dyer, deceased. On the south side of the land is a public road called the Pond Fork road, and there is on the north side cf the land, and par

296 B.R. 343 (2003) In re TRANSCOLOR CORPORATION, Debtor. National City Bank of Minneapolis, Plaintiff, v. Morton M. Lapides, Sr., et al., Defendants. Bankruptcy No. 98-6-5483-JS, Adversary No. 99-5627-JS. United States Bankruptcy Court, D. Maryland. June 13, 2003. *344 *345

138 F.Supp. 220 (1956) John F. DYER, Plaintiff, v. KAZUHISA ABE, Toshio Ansai, Benjamin F. Dillingham II, Nelson K. Doi, John G. Duarte, Dee Duponte, John Braga Fernandes, William H. Heen, William Hardy Hill, Joe Itagaki, Herbert K. H. Lee, Noboru Miyake, William J. Nobriga, Sakae Takahashi, Wilfred C. Tsukiyama, Peter A. Aduja, George R. Ariyoshi, Elmer F. Cravalho, Masato Doi, O. Vincent Esposito, William E. Fernandes, Yasutaka Fukushima, Josep

Mr. Justice Smedley delivered the opinion of the Court. On December 1, 1915, Arch MacDonald filed suit for debt against Texas Loan & Guaranty Co., a Texas corporation, in the district court of Harris County, and prayed for the immediate appointment of a receiver, alleging that the corporation wás insolvent. The court on the same day entered an order appointing a receiver. The question here presented is whet

304 A.2d 320 (1973) UNIT, INC., a Texas corporation, Plaintiff, v. KENTUCKY FRIED CHICKEN CORPORATION, a Delaware corporation, and John Y. Brown, Jr., Defendants. Superior Court of Delaware, New Castle. March 2, 1973. *322 Andrew G. T. Moore, II, Joseph A. Calvarese, Jr., and J. R. Julian, of Killoran & Van Brunt, Wilmington, for plaintiff; W