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20 opinions for “Nicholson v. McCabe”
McCabe v. Barrpublic domain
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ANDREW G. MCCABE, Plaintiff, v. Civil Action No. 19-2399 (RDM) WILLIAM P. BARR, in his official capacity as Attorney General of the United States, et al., Defendants. MEMORANDUM OPINION AND ORDER Plaintiff Andrew McCabe brings t
Nicholson v. Nicholsonpublic domain
Mercure, J. P. Appeal from that part of a judgment of the Supreme Court (Fromer, J.H.O.), entered September 18, 2000 in Ulster County, upon a dismissal at trial of defendant’s counterclaim for an accounting. The parties are brothers. In 1987, they acquired property in the Town of Saugerties, Ulster County, as tenants in common and executed a purchase money mortgage securing their note for $200,000. The complaint
McCabe v. Zoning Board of Appealspublic domain
1. The trial judge correctly ruled that the defendant board of appeals did not comply with G. L. c. 40A, § 10, as most recently amended by St. 1977, c. 829, § 4B, because it failed to make a specific finding concerning the locus that “owing to circumstances relating to the soil conditions, shape or topography of such land . . . and especially affecting such land. , . but not affecting generally the zoning district in which it is located, a literal enforceme
Matter of McCabe v. Voorhispublic domain
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 403 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 405 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
Royalty v. Nicholsonpublic domain
Dissenting Opinion COLEMAN, Justice. At the election in question two propositions were submitted to the voters. Proposition No. 1 authorized a $3,860,000.00 bond issue for the purpose of increasing the permanent facilities of the Brazosport High School to a 2,600 student capacity, a new elementary school, additions and improvements to elementary and junior high schools. Proposition No. 2 authorized a $5,998,0
Nicholson v. Feagleypublic domain
Plaintiffs brought suit in trespass for injuries sustained when the car in which they were riding collided with an automobile operated by defendant. The accident occurred on August 23, 1937, at 12:30 a. m. in the vicinity of Hill Crest, Fayette County, on State Highway Route No. 119. At the trial, plaintiffs testified that they were proceeding in a southerly direction to Connellsville, driving upon their own side of the road at a moderate speed, when defendant's car suddenly approached from t
Gunn v. McCabepublic domain
Defendant is here on five exceptions to action of the Superior Court in or following a jury trial which resulted in a verdict for plaintiff for $2,326.37. The case was assumpsit for money had and received. The defence was payment. The first exception related to the admission of certain evidence by plaintiff denying an indebtedness of $500 at the time of the first of six assignments of wages. $500 was the amount of debt stated in the assignment. Defendant asserts in his brief that the e
Evans v. McCabe, Comr.public domain
This suit involves the constitutionality of chapter 21 of the Acts of the Extra Session of 1931. With certain exemptions, the Act provides for a graduated income tax upon incomes of all sorts. The chancellor held the Act to be invalid under Sec. 28 of Article II of the Constitution of the State and the Commissioner of Finance and Taxation has appealed. It is to be conceded that the power to tax is a sovereign power and that a state's power to tax is only restrained by the limitations o
Opinion NICHOLSON, Acting P. J. Facing for the first time a requirement to review for environmental impacts its statutorily mandated fish hatchery and stocking enterprise that has been in operation for more than 100 years, California’s Department of Fish and Wildlife (the Department) chose to use a program enviro
Davis v. Rizzopublic domain
ELMORE, Judge. *10 Plaintiffs Rebecca R. Davis ("Rebecca") and Matthew M. Davis ("Matthew") (collectively, "plaintiffs"), daughter-in-law and grandson to ninety-nine-year-old Jeanette B. Davis ("Mrs. Davis"), brought this action, individually as expected beneficiaries of Mrs. Davis's 11 March
Sandtana, Inc. v. Wallin Ranch Co.public domain
80 P.3d 1224 (2003) 2003 MT 329 SANDTANA, INC., a Montana Corporation, Plaintiff and Appellant, v. WALLIN RANCH COMPANY, a Montana Corporation; Brent H. Schellin; Nellie Jo Nicholson; and Klabzuba Oil and Gas, a Family Limited Partnership, Defendants and Respondents. No. 01-758. Supreme Court of Montana. Submitted on Briefs March 14, 2002.
Leon v. Eagle Auto Mall Corp.public domain
Leon v Eagle Auto Mall Corp. (2023 NY Slip Op 00855) Leon v Eagle Auto Mall Corp. 2023 NY Slip Op 00855 Decided on February 15, 2023 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciar
Jones v. PEOPLE'S HERITAGE BANKpublic domain
433 F.Supp.2d 1328 (2006) Patricia JONES, individually and for all other persons similarly situated, Plaintiff, v. PEOPLE'S HERITAGE BANK, now known as Banknorth, N.A., Amerifee, LLC d/b/a Orthodontist Fee Plan, Dental Fee Plan, Vision Fee Plan and Cosmetic Fee Plan, Defendants. No. CV103-096. United States District Court, S.D. Georgia, Augusta Division. March 29, 2006.
Giampino v. Riccipublic domain
*327OPINION OF THE COURT Matthew F. Coppola, J. On September 24, 1984 Lorraine Giampino died while giving birth at the Putnam Medical Center. An action alleging malpractice was instituted as against the hospital and the attending physician, Leonard Ricci. Following a jury trial held before this court, a verdict in the amount of $16,250,000 was returned,
Matter of Johnson v. Palumbopublic domain
OPINION OF THE COURT Brathwaite Nelson, J. The petitioner, Amanda Chambers Johnson, lived in an apartment in Poughkeepsie with her five children with the assistance of rent subsidy benefits under the Section 8 Housing Choice Voucher Program (see 42 USC § 1437f [b] [1]): On February 11, 2014, she was notified that her benefits under th
Barber v. Navajo Housing Authoritypublic domain
*13 OPINION The appellants in two cases sued Navajo Nation entities. In both cases, the appellants filed a notice of intent to sue stating the information required by 1 N.N.C. § 555(A)(2) is set forth in the attached complaint. The appellants’ claims were subsequently dismissed for lack of jurisdiction under the Navajo Sovereign Immunity Act (“the Act”) because they had f
Bubba v. Leendertzpublic domain
BELTRAMI, J., This matter is before the court on defendants’ motion for judgment on the pleadings (“motion”), filed on August 11,2014. Defendants filed a brief with their motion and a supplemental brief on September 18, 2014. Plaintiffs filed a nrief on August 29, 2014, and a reply brief on September 29, 2014. Oral argument was heard on September 2,2014. For the reasons that follow, defendants’ motion will be granted.</
Matiella v. Murdock Street LLCpublic domain
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CHARLES MATIELLA, Plaintiff, v. Case No. 21-cv-2112 (GMH) MURDOCK STREET LLC, et al., Defendants. MEMORANDUM OPINION AND ORDER In this case, Plaintiff Charles Matiella alleges that the construction of a multi-unit
Jessup v. Ketchingspublic domain
PRADO, Circuit Judge: Plaintiff-Appellant Julia B. Jessup (“Jessup”) purchased a triplex in the French Quarter from Defendant-Appellee Walter H. Ketchings (“Ketchings”) and later discovered extensive damage to the property, including termite damage and water damage from a broken roof drain pipe. Jessup brought an action under Louisiana law against Ketchings seeking a reduction in
PER CURIAM: Anniston Broadcasting Company and Owosso Broadcasting Company, Inc., petition this court for review1 of a Memorandum Opinion and Order of the Federal Communications Commission (Commission),2 denying their petitions for waiver of sections 73.35, 73.240, and 73.636 of the Commission’s Rules, which require divestiture of newspaper-broadcast combinations which con