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Finding Aid for the J.P. Coleman Collection (MUM01734)

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The J.P. Coleman Collection is open for research. This collection is stored at an off-site facility. Researchers interested in using this collection must contact Archives and Special Collections at least two business days in advance of their planned visit.

Finding Aid for the J.P. Coleman Collection



Descriptive Summary

PURL: http://purl.oclc.org/umarchives/MUM01734/
Title: J.P. Coleman Collection
Dates: 1965-1985
Collector: Coleman, J. P. (James Plemon), 1914-1991
Physical Extent: 79 boxes (120 linear feet)
Repository: University of Mississippi. Department of Archives and Special Collections. University, MS 38677, USA
Identification: MUM01734
Location: Modern Political Archives
Language of Material: English
Abstract: J.P. Coleman served as governor of Mississippi between 1956 and 1960. In 1965, the claimed a seat on the U.S. Fifth Circuit Court of Appeals, gaining the rank of chief judge in 1979. Coleman assumed senior status in 1981, lightening his case load. He retired from the bench in 1984 and died in 1991. This collection contains Coleman's judicial papers from his tenure on the Fifth Circuit.

Administrative Information

Acquisition Information

Judge Coleman donated his Fifth Circuit records to the University of Mississippi Law School in February 1984 and delivered five additional boxes later that year in July.

Custodial History

In 2004, the University of Mississippi transferred responsibility for the collection from the Law School to the Archives & Special Collections.

Processing Information

The following student workers processed the collection: Katrina Sims, Andrew Meador, Chase Wynn, Lennie Patterson, and Philip Cunningham. Sims, along with Senior Library Assistant Ellie Campbell, determined a box arrangement that retained the integrity of the original filing system. Political Papers Archivist Leigh McWhite composed the bibliographic notes for the finding aid, while Digital Initiatives Librarian Jason Kovari encoded the online document.

Additions

No further additions are expected to this collection.


Subject Terms

Coleman, J. P. (James Plemon), 1914-1991
United States. Court of Appeals (5th Circuit)
Courts
Judicial power
Judges -- Mississippi
Civil rights -- United States -- Cases


Formats

judicial records
civil court records
criminal court records
briefs (legal documents)
affidavits
correspondence
memorandums
photographic prints
negatives (photographic)


Biographical Note

J.P. Coleman was born on 9 January 1914 to Thomas A. and Jennie Worrell Coleman who owned a 120 acre farm near Fentress in Choctaw County, Mississippi. He attended a local county school before graduating from Ackerman High School in 1931. As a young boy, Coleman enjoyed hearing political speeches: "That was, to me, extremely thrilling and interesting…I have known since I was 10 years old that nothing would suit me but to be a lawyer." After graduation, Coleman worked for a year before enrolling at the University of Mississippi, where he washed dishes, waited on tables, and swept floors to pay for expenses.

After two years, Coleman moved to Washington, DC and joined the staff of U.S. Representative Aaron Ford of Mississippi. At the time, Lyndon B. Johnson served on the staff of U.S. Representative Dick Kleberg of Texas and dominated the Little Congress, an organization of congressional aides. Coleman triumphed in a 1935 leadership contest against Johnson's handpicked candidate and earned the future president's lifelong respect and friendship. Also during this period, Coleman married Margaret Dennis and attended George Washington Law School. In 1937, he passed the Mississippi Bar but remained enrolled in school until completing his degree in 1939.

That year, Coleman returned home to open his law practice in Ackerman, and voters soon elected him District Attorney for a seven-county Fifth Circuit of Mississippi. In 1946, he won a race to become circuit judge. "That was the best job I've ever had," he stated. "I got more satisfaction personally out of being a circuit judge. I was here where I knew everybody. But I knew at that age that I couldn't spend the rest of my life as a circuit judge."

In 1950, Coleman became the youngest member of the Mississippi Supreme Court. However, three months into his new position, Governor Fielding Wright asked Coleman to accept the post of state attorney general. Initially, the young justice balked, but a call from his friend U.S. Senator John Stennis convinced him that taking the job would advance his chances for becoming governor one day. Coleman played an active role policing gambling on the Gulf Coast and acquired the nicknames "Constable Coleman" and "Dick Tracy Coleman." His stance on law enforcement paid off in the 1955 gubernatorial race.

In the Democratic primary, Coleman faced off against Paul B. Johnson Jr., Mary Cain, Fielding Wright, and Ross Barnett. A year earlier, the Supreme Court had issued its Brown v. Board of Education of Topeka ruling on the unconstitutionality of segregation in public schools. A leading issue of the campaign, Coleman promised to prevent integration. The "Choctaw County Plowboy" won the nomination carrying 66 of 82 counties in a runoff and later triumphed in the state election.

At the time Coleman was viewed as a "moderate" segregationist -- one who utilized legal methods to preserve racial separation while disavowing extremist rhetoric or tactics. During his tenure, the legislature passed a resolution of interposition authorizing the state to obstruct implementation of the Brown decision. Although Coleman described the theory of interposition as "legal poppycock," he did sign the measure. The legislature also created the State Sovereignty Commission to oversee this mandate, making the governor its chairman. However, Coleman vetoed a law which sought to hinder federal civil rights investigations, and he prevented efforts to outlaw the NAACP. As governor, he also donated state property for an integrated federal veterans hospital.

Having campaigned on the issue of economic development, Coleman continued the Balance Agriculture with Industry program started by his predecessor. During his administration, the state issued $50 million in bonds to attract industry, garnering 35,000 new jobs. Coleman also worked with Alabama Governor James E. Folsom and legislators in both states to develop plans for the Tennessee-Tombigbee Waterway linking those two rivers to the Gulf of Mexico.

The Mississippi legislature defeated Coleman's efforts to convene a state convention for creating a new constitution more in line with modern society. In 1984, he remarked that "My regret of a lifetime has to be the failure to get a constitutional convention in 1957….That represented an opportunity to show the world Mississippi was liberating itself from that part of the past we should no longer be chained to." Coleman proved more successful in his promotion of the Old Capitol's restoration and transformation into a state historical museum. At the end of his administration, Coleman boasted a $35 million surplus in the state treasury.

Prevented by state law from serving two successive terms, Coleman became Choctaw County's representative in the Mississippi House for four years. He is the only Mississippian to have served in all three branches of the state government. In 1963, Coleman sought the post of governor again. This time, Paul B. Johnson Jr. won, largely by drawing voters' attention to Coleman's friendship with the unpopular John F. Kennedy. Coleman had supported the Democratic National Party's presidential nominees in both the 1956 and 1960 elections, angering those whites who opposed the national party's civil rights platform. President Kennedy later offered him an appointment as Secretary of the Army and ambassador to Australia, but the Mississippi politician declined both posts.

Soon after losing the 1963 election, the Mississippi members of the U.S. House of Representatives hired Coleman as legal counsel to represent them in a suit filed by the Mississippi Freedom Democratic Party. The plaintiffs sought to bar the members from public office on the grounds that their elections were illegal due to civil rights violations at the polls. The Mississippi delegation eventually took their seats, and Coleman later reflected "I assume that's the most important case I've ever handled in my career as a lawyer."

At the urging of senators James O. Eastland and John C. Stennis, President Lyndon B. Johnson nominated his old Little Congress adversary and friend to the U.S. Fifth Circuit Court of Appeals in June 1965. Opposed by civil rights groups during the confirmation process, Attorney General Nicholas Katzenbach defended Coleman by emphasizing his insistence upon rule of law. The senate confirmed his appointment sixty-six to eight on 26 July 1965.

Coleman served on the Fifth Circuit bench for nineteen years. During that period, he ascribed to color-blind, narrow constitutionalist interpretations that favored law enforcement against direct-action protest, supported local control of school operations, and restricted claims based upon employment discrimination and voting rights. In Connor v. Johnson, Coleman was part of a District Court panel which rejected a Mississippi Freedom Democratic Party challenge to the legislature's 1966 reapportionment plan eliminating all majority black districts within the state. The Supreme Court upheld the decision because it closely followed a 1964 Supreme Court ruling requiring redrawn districts to demonstrate equitable population percentages.

In the ongoing debate over the realignment of the Fifth Circuit, Coleman maintained the view that a congested docket necessitated the need for two smaller courts and that Mississippi should remain in a court composed of southern states east of the Mississippi River. Meantime, Coleman became Chief Judge of the Fifth Circuit in 1979 and assumed the post's administrative responsibilities. In the Spring of 1980, he relented to proposals for realignment that placed the Magnolia State in a western division retaining the designation "Fifth Circuit" while the eastern division became the new "Eleventh Circuit." Later that fall, Congress passed the necessary legislation to make the court reorganization effective on 1 October 1981.

In February of 1981, Coleman announced that he was stepping down as Chief Judge. Three months later, he assumed senior status, a step that lightened his case load and allowed more time to pursue an interest in historical research. In 1982, Coleman considered requests by friends to run the following year for a second term as Mississippi governor, but ultimately announced his decision to refrain from entering the race. In 1984, the judge finally retired from the bench to practice law with his son, Thomas Coleman.

In 1985, Governor Bill Allain appointed Coleman to head a 350-member citizens committee that called for a new state constitutional convention, but the effort failed in the legislature.

Coleman was the author of several genealogical and historical works and served as president of the Mississippi Historical Society in 1971. From 1966 to 1975 and then from 1987 to 1991, he was a board member of the Mississippi Department of Archives and History.

Judge J.P. Coleman died on 28 September 1991 of complications from a stroke the previous year. His body lay in state in the Old Capitol rotunda before burial in Ackerman's Enon Cemetary. A state park near Iuka is named in his honor.


Bibliography

Deborah J. Barrow & Thomas G. Walker. A Court Divided: The Fifth Circuit Court of Appeals and the Politics of Judicial Reform. New Haven: Yale University Press, 1988. Call Number: KF8752 5th B27 1988.

Jack Bass. Unlikely Heroes: The Dramatic Story of the Southern Judges of the Fifth Circuit Who Translated the Supreme Court's Brown Decision into a Revolution for Equality. New York: Simon and Schuster, 1981. Call Number: KF8752 5th B3.

J.P. Coleman. "Oral History: The Honorable J.P. Coleman – Former Governor of Mississippi and Chief Judge of the United States Court of Appeals for the Fifth Circuit, Interviewed by Orley B. Caudill" Journal of Southern Legal History 11 (2203): pp. 117-229. Electronic Journal.

Harvey C. Couch. A History of the Fifth Circuit, 1891-1981. Washington, DC: Bicentennial Committee of the Judicial Conference of the United States, 1984.

Federal Judicial Center. Guide to Research in Federal Judicial History. Washington, DC: Federal Judicial Center, 2010.

Inaugural Addresses of the Governors of Mississippi. University, MS: University of Mississippi, Bureau of Governmental Research, 1980-81. Call Number: F341 I53.

Elkin Terry Jack. "Racial Policy and Judge J.P. Coleman: A Study in Political-Judicial Linkage." Ph.D. Dissertation, University of Southern Mississippi, 1979.

"J.P. Coleman, 77, Ex-Governor in Mississippi and U.S. Judge, Dies" New York Times (29 September 1991).

Greg Kuhl. "Coleman ready to step off public stage" Jackson Clarion Ledger (29 January 1984).

Howard Little. Mississippi Scrapbook: 200 Years of Governors & Others. Circa 1996. Call Number: F340 L58 1996.

Nomination of James P. Coleman. Hearings Before a Special Subcommittee of the Committee of the Judiciary, United States Senate, Eighty-ninth Congress, First Session…July 12 and 13, 1965. Washington, DC: Government Printing Office, 1965. Call Number: KF26 J8 1965b.

David O. Sansing & Carroll Waller. A History of the Mississippi Governor's Mansion. Jackson: University Press of Mississippi, 1977. Call Number: F349 J13 S26.

Cecil L. Sumners. The Governors of Mississippi. Gretna, LA: Pelican Publishing Company, 1980. Call Number: F340 S9.

Anders Walker. The Ghost of Jim Crow: How Southern Moderates Used Brown v. Board of Education to Stall Civil Rights. Oxford: Oxford University Press, 2009. Includes chapters on "Means and Methods: J.P. Coleman Limits Brown in Mississippi" and "The Processes of Law: Collins, Hodges, and Coleman Join the Federal Government." Call Number: E185.61 W17 2009.

Elise Winter with Frank E. Smith. Dinner at the Mansion. Oxford, MS: Yoknapatawpha Press, 1982. History of the Mississippi Governor's Mansion. Call Number: F345 W55.


Scope and Content Note

The J.P. Coleman Collection consists primarily of 4,256 case files from his tenure on the U.S. Fifth Circuit Court of Appeals between 1965 and 1984. These appear in boxes 1 through 73. Although the contents may duplicate in part the official court records of the cases (such as motions, briefs, and opinions), these chambers papers represent the private files of a single judge. Case files can provide valuable insight into court deliberations and the internal workings of the judiciary since they may include material created prior to the issuance of a judicial decision, such as case notes, draft memoranda and opinions, correspondence with colleagues, and research. "Poll files" recording bench votes on hearing selected cases appear in box 73.

The collection preserves the integrity of Judge Coleman's original file names and arrangement for case files. Labels for individual boxes are original as well, providing information on whether contents are en banc or three-judge panel cases. Research by the Fifth Circuit Court Library suggests that cases are filed by dates of oral argument, not by the decision date. Since the container list is quite lengthy, researchers seeking a specific known case file may wish to conduct a “find” search using keywords from the case name. Archives staff provided additional descriptive information in brackets regarding case subjects and decision dates for those scholars interested in a particular time period or type of case.

Boxes 74 through 79 hold administrative and professional files that document the operations of the Fifth Circuit Court of Appeals and include general subject files on various judicial and legal topics. These files preserve the original file names but were arranged in alphabetical order by the archive.


User Information

Prefered Citation

J.P. Coleman Collection, Archives and Special Collections, J.D. Williams Library, The University of Mississippi

Access Restrictions

The J.P. Coleman Collection is open for research. This collection is stored at an off-site facility. Researchers interested in using this collection must contact Archives and Special Collections at least two business days in advance of their planned visit.

Since files containing law clerk applications regularly contain school transcripts, Box 79 will remain restricted in order to abide by the Family Educational Rights & Privacy Act (FERPA). If requested, the Political Papers Archivist will provide researchers with general information drawn from the files as long as the data does not violate FERPA protections.

Copyright Restrictions

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use", that user may be liable for copyright infringement.


Related Material

Related Resources at the University of Mississippi

Thomas G. Abernethy Collection. The papers of this U.S. Representative from Mississippi (1943-1973) include Coleman correspondence.

Charlotte Capers. "Mississippi's Bicentennial Celebration: The Address of Judge James Pleman Coleman" Journal of Mississippi History Vol. 39, No. 1 (1977): pp. 51-61. Call Number: F336 J68.

Chancellors' Collection: Porter L. Fortune. Box 123 contains Coleman correspondence.

The Coleman Fact Sheet, No. 1. [Jackson, MS: J.P. Coleman Campaign Headquarters, 1963]. Call Number: F345 C65 1963.

J.P. Coleman Letters in Small Manuscripts 77-1. This small collection contains a 1931 postcard and a letter from Coleman.

J.P. Coleman. "The Origin of the Constitution of 1890" Journal of Mississippi History (April 1957). Call Number: KFM7001 1890 A29 C6.

__________. The Robert Coleman Family, from Virginia to Texas, 1652-1965. Ackerman, MS: Coleman, 1965. Call Number: CS71 C65.

__________. Choctaw County Chronicles: A History of Choctaw County, Mississippi, 1830-1973. Ackerman, MS: Coleman, 1973. Call Number: F347 C45 C6.

__________. The Bruces of Choctaw County, Mississippi, and Their Ancestry. Ackerman, MS: J.P. Coleman, [1982]. Call Number: CS71 B889 1982.

The Constitution of the State of Mississippi; Adopted by the People of Mississippi in a Constitutional Convention, November 1, 1890, at Jackson and All Amendments Subsequently Adopted with Source, Reference, Attorney General's Opinions, and Judicial Decisions; Compiled by J.P. Coleman, Attorney General. Jackson, MS: Secretary of State, 1954. Call Number: JK4625 1954 A6.

James O. Eastland Collection. The papers of this U.S. Senator from Mississippi (1941, 1943-1978) contain Coleman correspondence and clippings as well as a file on his judicial nomination.

Carroll Gartin Collection. Gartin served as Lieutenant Governor of Mississippi under Coleman from 1956 to 1960.

General Photographs Collection. Includes Coleman photographs.

R. Malcom Guess Collection. Holds one piece of 1948 and one Undated piece of J.P. Coleman correspondence.

Verner S. Holmes Collection. This collection on higher education in Mississippi includes transcripts of an oral history with Coleman, material on Coleman's gubernatorial campaigns of 1955 and 1963, and other papers related to integration.

Morton King Collection. Includes a 1956 letter to Coleman.

Library Papers. This collection has a 1969 letter from Coleman.

Mississippi Organizations Collection. Includes a 1958 statement from Coleman in the State Budget Commission file.

Mississippi Periodicals Collection. Contains a 5 November 1956 issue of South: The News Magazine of Dixie with an article regarding Coleman entitled "Forgot State Right."

Mississippi Politics Collection. This collection contains one file of miscellaneous material related to Coleman.

Willie Morris Collection. The papers of this noted Mississippi author includes Coleman correspondence.

Newspaper Special Editions Collection. Among the papers are the J.P. Coleman Inaugural issue of the Jackson State Times (15 January 1956).

Ole Miss Yearbooks. See the index for Coleman's appearance in the University of Mississippi annual.

Clarence Pierce Collection. The papers of the Mississippi legislator include Coleman correspondence.

John C. Satterfield/American Bar Association Collection. Box 44 has a file on Coleman and a WNBC-TV show on 21 March 1965.

James W. Silver Collection. This civil rights era collection includes material on Coleman.

George Street Collection. The papers of this University of Mississippi administrator include Coleman correspondence.

University Archives Photograph Collection. This collection contains images of Coleman.

Vertical File Collection. This collection of newspaper and magazine clippings contains a file on Coleman.

Related Sources in Other Repositories

Fifth Circuit Court of Appeals Archive is housed in the John Minor Wisdom Court of Appeals Building in New Orleans.

The Mississippi Department of Archives & History possesses 138.75 cubic feet of J.P. Coleman papers dating from the 1930s through the 1980s as well as a manuscript of Coleman's 1961 Mississippi Historical Society address "The Mississippi Secession Convention of 1861."

The George D. Aiken Papers at the University of Vermont includes material on Coleman's judicial confirmation.

The Lyndon B. Johnson Library in Austin, Texas has a transcript of an oral interview with Coleman conducted on 29 April 1972 by Joe B. Frantz.

Tulane University Law Library holds "History of the Fifth Circuit Papers" collected by author Harvey C. Couch as research for his book on the subject.

The University of North Carolina, Oral Histories of the American South program has posted online both an audio file and a transcript of a 1990 interview with Coleman by John Egerton: http://docsouth.unc.edu/sohp/A-0338/.

The University of Southern Mississippi has a transcript for an oral interview with Coleman conducted by Orley B. Caudill on 12 November 1981. An online version is available at http://anna.lib.usm.edu/~spcol/crda/oh/ohcolemanjb.html.


Separated Material

A photograph proof sheet and negatives have been removed to Modern Political Archives Photographs Box 1, Folders 9-10. The photographs are stored off-site in a Cold Room and require two-days advance notice before use in order to acclimate the images to room temperature and transfer them for viewing in the Archives & Special Collections Reading Room.

Photographs can be viewed online from J.D. Williams Library computers on the University of Mississippi campus.


Arrangement

This collection is arranged in 2 series.

Series I. Case Files
Series II. Administrative & Professional Files

Container List

Series I. Case Files
Box 1: O-1/EN/Banc/1979
1-1 Rodriguez, Margaret S. v. Donald E. Ritchey, et al. No. 75-1362 [En Banc] [No. 75-1362: Appellant sought review of a false arrest after mistakes in a federal investigation; Decided: 22 September 1976]
1-2 Smith, Varice, Jr. v. Olin Chemical Corporation, et al. No. 75-1024 [No. 75-1024: Appellant contended that discharge was a violation of the Civil Rights Act of 1964; Decided: 18 July 1977]
1-3 In Re: Southwestern Bell Company, et al. No. 76-2237 [En Banc] [No. 76-2237: Appellant charged that the suit improperly removed from the state court; Decided: 21 July 1977]
1-4 Sparks v. Duval County Ranch Company, Incorporated No. 77-1249 [En Banc] [No. 77-1249: Appellant sought review of the District Court's ruling that judicial immunity barred plaintiffs' action under the Civil Rights Act of 1871; Decided: 22 October 1979]
1-5 St. John, Jerry v. W. J. Estelle, Jr., Director No. 76-1178 [En Banc] [No. 76-1178: Appellant sought review of the District Court's judgment that granted a writ of habeas corpus based upon claims that hearsay testimony was improperly admitted at trial; Decided: 3 January 1977]
1-6 Stinson, Don V. v. State of Alabama No. 76-2363 [En Banc] [No. 76-2363: Appellant sought review of the District Court's judgment that dismissed the defendant's application for federal habeas corpus relief from his state court conviction for robbery; Decided: 14 January 1977]
1-7 United States of America v. [Bruce] Astroff & [Robert Duane] Steverson No. 76-2289 [En Banc] [No. 76-2289: Appellants sought review of conviction of possession of marijuana with intent to distribute; Decided: 11 August 1978]
1-8 United States of America v. Beechum No. 76-1444 [No. 76-1444: appealed conviction of unlawful possession of property stolen from the mails, claiming that the trial court improperly admitted evidence extrinsic to defendant's indictment to prove his criminal intent; Decided: 25 October 1978]
1-9 United States of America v. Cullar Brown and Edwin Richard Brown No. 75-2484 [No. 75-2484: Defendant challenged court's decision which denied motion to suppress evidence from a conversation that defendant had with a FBI agent in the courthouse; Decided: 8 March 1978]
1-10 United States of America v. Thomas Joseph Chiantese and John Joseph Cerrela No. 75-3534 [No. 75-3534: Appellant sought review of a judgment entered that violates the Hobbs Act; Decided: 27 October 1978]
1-11 United States of America v. Guillermo Rhodes Cruz No. 76-3527 [En Banc] [No. 76-3527: conspiracy to transport illegal aliens; Decided: 18 December 1978]
1-12 United States of America v. Winston Eugene Dayton, et al. No. 78-5271 [En Banc] [No. 78-5271: Defendant entered a plea of guilty then sought to appeal to overturn the court's acceptance of the plea; Decided: 18 October 1979]
1-13 United States of America v. Alvin Leon Edwards No. 76-1668 [En Banc] [No. 76-1668: Appellant sought review of a conviction by a jury trial of possessing stolen mail with knowledge that the mail was stolen; Decided: 1 August 1978]
1-14 United States of America v. Dorothy R. Garber No. 78-5024. [En Banc] [No. 78-5024: Defendant sought review of the conviction under the Internal Revenue Code for knowingly misstating income on 1972 tax return; Decided: 19 November 1979]
1-15 United States of America v. Geders No. 77-5037 [En Banc] [No. 77-5037: Defendant convicted of conspiracy to import marijuana, importation of marijuana, and possession of marijuana with intent to distribute; Decided: 11 December 1978]
1-16 United States of America v. Pete Hernandez No. 78-5099. [En Banc] [No. 77-5536: Defendant convicted of possession of heroin with intent to distribute; Decided: 20 March 1979]
1-17 United States of America v. John Hitchmon No. 77-5587. [En Banc] [No. 77-5587: Defendant convicted of assault of federal officers; Decided: 28 December 1979]
1-18 United States of America v. William W. Holland No. 76-3763 [En Banc] [No. 76-3763: Defendant's refusal to provide a handwriting sample to United States postal agents; Decided: 4 January 1978]
1-19 United States of America v. Jeffrey Leonard Holmes, et Al. No. 74 2419. [En Banc] [No. 74-2419: Defendant sought review of the court's suppression of the evidence obtained by the use of a beacon installed on appellee's van without a warrant, on the grounds that the use of the beacon was an illegal search; Decided: 20 August 1976]
1-20 United States of America v. Donald James, et Al. Nos. 77-5188 & 77-5271. [En Banc] [Nos. 77-5188, 77-5271: Defendant convicted of conspiracy to possess heroin and cocaine with the intent to distribute; Decided: 12 February 1979]
1-21 United States of America v. Malatesta, et al. No. 77-5032 [En Banc] [No. 77-5032: Defendant convicted them of conspiracy to conduct a racketeering enterprise having an effect on interstate commerce; Decided: 12 March 1979]
1-22 United States of America v. Henry L. McMahan, et Al. No. 75-3915 [En Banc] [No. 75-3915: Appellant contended that he was denied the right to a jury trial; Decided: 17 March 1978]
1-23 United States of America v. Santiago Mario Mendoza No. 77-1464 [En Banc] [No. 77-1464: Appeal sought reduced sentence with respect to narcotics conviction; Decided: 25 September 1978]
1-24 United States of America v. William Chadbourne Mitchell No. 75-1814 [En Banc] [No. 75-1814: Defendant convicted of possessing marijuana with intent to distribute with a warrantless search; Decided: 15 April 1976]
1-25 United States of America v. Andrew Jackson Robertson No. 76-1994 [En Banc] [No. 76-1994: Defendant convicted of preparing and manufacturing methamphetamine; Decided: 3 November 1978]
1-26 United States of America v. Edward Rodriguez, et Al. No. 77-5339 [En Banc] [No. 77-5339: Defendant convicted for conspiracy to import marijuana and conspiracy to distribute marijuana; Decided: 27 February 1980]
1-27 United States of America v. Ralph Donald Tharpe No. 75-1491 [En Banc] [No. 75-1491: Defendant sought review of firearms conviction reversed on the basis that a pat-down search leading to the discovery of a gun was unconstitutional under Terry; Decided: 13 August 1976]
1-28 United States of America v. John L. Warren, Jr., et Al. No. 75-4368 [En Banc]. [No. 75-4368: Appellant currency violators challenged a decision from the United States District Court for the Southern District of Florida, which inter alia convicted them of transporting more than $5,000 beyond a United States border without filing the report required; Decided: 11 February 1980]
1-29 Universal Amusement Company, Incorporated, et al. v. Carol Vance, et al. No. 75-4312 [En Banc] [No. 75-4312: Appellant local governments sought review from the United States District Court for the Southern District of Texas, where appellee adult movie theaters were attacked via nuisance and obscenity statutes. The district court found that the Texas procedural statutes regarding temporary injunctions were improper and enjoined felony prosecutions. A remand was sought by one theater for a determination and award of costs and attorney fees; Decided: 18 December 1978]
1-30 In Re: Isaac Washington and Peter Rinaldi No. 75-1773 [En Banc] [No. 75-1773: Defendants and government sought review of the decision of the United States District Court for the Southern District of Florida, that denied the government's motion to dismiss the federal indictment against defendants after they were convicted in a state court prosecution predicated on the same acts; Decided: 20 December 1976]
1-31 White, Mrs. Patsy Ruth v. Dallas Interdependent School District No. 76-1990 [En Banc] [No. 76-1990: Plaintiff teacher appealed from the United States District Court for the Northern District of Texas, which dismissed her suit under Title VII sex-based discrimination against defendant school district for want of jurisdiction because she had failed to exhaust her state remedies; Decided: 6 October 1978]
1-32 Wright, [Archie D.] v. [W. J.] Estelle No. 76-2146 [En Banc] [No. 76-2146: Defendant sought review of a judgment of the United States District Court for the Northern District of Texas that denied his application for a writ of habeas corpus. Defendant contended that, in his trial for murder, it was error for his attorney to refuse to allow him to testify in his own behalf; Decided: 10 May 1978]
1-33 Zapata, Tules V. v. W. J. Estelle, Director, et al. No. 76-4348 [En Banc] [No. 76-4348: Appellant sought review of the order of the United States District Court for the Western District of Texas, which dismissed her petition for habeas corpus relief without conducting an evidentiary hearing after appellant was convicted of murdering her husband; Decided: 2 February 1979]
Box 2: O-2 3 Judge Ct. 1977
2-1 Bickerstaff, Lois v. South Central Bell Telephone Company Civil Action No. EC 76-148-K [No. 81-4409: In her negligence action against defendant telephone company, plaintiff telephone customer appealed a judgment of the United States District Court for the Northern District of Mississippi, which was entered following a jury verdict in defendant's favor; Decided: 19 May 1982]
2-2 Bishop, Leah Sue, et al. v. The Starkville Academy, et al. No. E.C. 74-97K [No. EC 74-97-K: Plaintiff African-American school-aged children filed a class action against defendant public school agencies and officials, challenging the constitutionality of Miss. Code Ann. § 37-23-61 et seq. to the extent that it authorized state financial assistance to private schools which pursued racially discriminatory practices. The state filed a motion to dismiss. The black students filed a motion for partial summary judgment; Decided: 28 December 1977]
2-3 Connor, [Peggy J.] v. [Cliff] Finch. C.A. No. 3830(A). June, 1979 [No. 3830(A): Appellant sought review of the District Court's judgment regarding the violation of the Voting Rights Act of 1965; Decided: 13 April 1979]
2-4 Connor, [Peggy J.] v. [Cliff] Finch. C.A. No. 3830(A) [January, 1979] [No. 3830(A): Appellant sought review of the District Court's judgment regarding the violation of the Voting Rights Act of 1965; Decided: 13 April 1979]
2-5 Connor, [Peggy J.] v. Finch C.A. No. 3830(A) August, 1978 [No. 3830(A): Appellant sought review of the District Court's judgment regarding the violation of the Voting Rights Act of 1965; Decided: 13 April 1979]
2-6 Connor, [Peggy J.] v. Finch No. CA 3830 [No. 3830(A): Appellant sought review of the District Court's judgment regarding the violation of the Voting Rights Act of 1965; Decided: 13 April 1979]
2-7 Connor, [Peggy J.] v. Finch No. CA 3830 [No. 3830(A): Appellant sought review of the District Court's judgment regarding the violation of the Voting Rights Act of 1965; Decided: 13 April 1979]
2-8 Connor, [Peggy J.] v. [William L.] Waller CA No. 3830(A) – October, 1975 [No. 3830(A): Plaintiffs, a class of black voters, filed an action against the state challenging the constitutionality of the state of Mississippi's voting reapportionment plan; Decided: 19 May 1975]
2-9 Connor, [Peggy J.] v. [William L.] Waller [Mandamus File] [No. 3830(A): challenged the constitutionality of the state of Mississippi's voting reapportionment plan; Decided: 19 May 1975]
2-10 Connor, [Peggy J.] v. [William L.] Waller [Department of Justice Report] [No. 3830(A): Plaintiffs, a class of black voters, filed an action against the state challenging the constitutionality of the state of Mississippi's voting reapportionment plan; Decided: 19 May 1975]
2-11 Connor, [Peggy J.] v. Johnson – No. CA 3830(A) – Hoyt T. Holland, Jr. Special Master [No. 3830(A): Appellant sought review of the District Court's judgment regarding the violation of the Voting Rights Act of 1965; Decided: 3 June 1971]
2-12 Committee For Blacks Concerned, Mary Hightower, et. Al. v. George A. Everett No. 73J-93(N)
2-13 Dunn, Charles M. v. Theron C. Lynd, Registrar of Voters for Forrest County, Mississippi No.73H-85(R). Judges Coleman, Russell, and Nixon
2-14 Johnson, J. Cynthia v. William Waller, et Al. WC 74-44-S [No. WC74-44-S: Plaintiff alleges that the practice of the school district to refuse to provide free transportation to her children is in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution; Decided: 26 June 1974]
Box 3: O-3/3 June 6e/CT
3-1 Matthews, Fred D., et al. v. Leflore County Board of Election Commissioners, et al. No. GC 76-145-S [No. GC 75-151-S: Appellant sought review of the District Court's judgment regarding the violation of the Voting Rights Act of 1965; Decided: 5 June 1979]
3-2 Mississippi Power Company v. Peabody Coal Company and Commercial Transport Corporation C.A. No. S75-125(c) [No. S75-125(c): Appellant sought review of the District Court's judgment that alleged Commercial Transport Corporation breached a contract; Decided: 2 January 1976]
3-3 Rogers, Susan L., et al. v. Charles R. Brady, Jr., et al. CA No. J 76-179 (c) [No. J76-179(c): Appellant claimed discharge from employment a violation of the Equal Protection and Due Process of Law; Decided: 27 July 1976]
3-4 Stacy [Donald R.] v. [John D.] Williams No. WC 6725; Cupit v. Roberts No. WC 6837 [Transcript of Trial] [No. WC 6725-K, WC 6837-K: Plaintiffs moved the court for leave to amend their Bill of Costs for an allowance of reasonable attorneys' fees, or in the alternative for allowance of attorneys' fees to plaintiffs' counsel apart from costs; Decided: 16 April 1970]
3-5 Stacy [Donald R., et al.] v. [John D.] Williams, et al. No. WC 6725 [1 of 3]; Cupit [Danny E., et al.] v. [M. M.] Roberts, et al. No. WC 6837 [1 of 3] [No. WC 6725-K, 6837-K: Plaintiffs moved the court for leave to amend their Bill of Costs for an allowance of reasonable attorneys' fees, or in the alternative for allowance of attorneys' fees to plaintiffs' counsel apart from costs; Decided: 1 December 1969]
3-6 Stacy [Donald R.] v. [John D.] Williams [2 of 3] [No. WC 6725, 6837: Plaintiffs moved the court for leave to amend their Bill of Costs for an allowance of reasonable attorneys' fees, or in the alternative for allowance of attorneys' fees to plaintiffs' counsel apart from costs; Decided: 1 December 1969]
Box 4: O-4 Judge CT En Banc Oct 1980
4-1 Stacy [Donald R.] v. [John D.] Williams, No. WC 6725K Cupit v. Roberts, No. WC 6837K [3 of 3] [No. WC 6725-K, 6837-K: Plaintiffs moved the court for leave to amend their Bill of Costs for an allowance of reasonable attorneys' fees, or in the alternative for allowance of attorneys' fees to plaintiffs' counsel apart from costs; Decided: 1 December 1969]
4-2 Thompson, Richard v. Aaron Henry, et al. No. DC-76-58-S [No. DC-76-58-S: Appellant sought review of the District Court's judgment regarding a campaign dispute; Decided: 30 July 1976]
4-3 Aretz, Eleanore Higginbotham v. United States of America, et al. No. 73-3615 [No. 73-3615: Defendant appealed the judgment of conviction from the United States district court, which found defendant guilty of threatening to harm the wife of a bank president in an attempt to extort bank funds, and alleged, among other things, that the indictment failed to set forth the elements of the offense charged; Decided: 15 October 1979]
4-4 Battelstein, Barry L. v. Internal Revenue Service No. 77-3212 [En Banc] [No. 77-3212: Defendant appealed from the judgment of the United States District Court for the Southern District of Texas ruling that plaintiff taxpayers were not required to pay income taxes on amount plaintiffs deducted for interest paid on their tax return; Decided: 3 December 1980]
4-5 Bernard, Wesley P., et al. v. Gulf Oil Company, et al. No. 77-1502 [No. 77-1502: Plaintiffs, African-American citizens sought review of a decision of the United States District Court for the Eastern District of Texas that dismissed their Title VII claim as untimely filed, granted summary judgment for defendant oil company and union on their claim, and applied laches as an additional ground for its disposition of both claims; Decided: 19 June 1989]
4-6 Bright, The Estate of Mary Frances Smith, et al. v. United States of America No. 78-2221 [En Banc] [No. 78-2221: Defendant appealed from an order from the United States District Court for the Northern District of Texas awarding plaintiff judgment in an action involving valuation of stock; Decided: 1 October 1981]
4-7 Broad, David, et al. v. Rockwell International Corporation, et al. No. 77-2963 [En Banc] [No: 77-2963: Plaintiff debenture holders sought review of the judgment of the United States District Court for the Northern District of Texas which granted defendant corporation and trust company's motion for a directed verdict. Plaintiffs alleged breach of securities law and contract in relation to the conversion of their debentures in a company which merged with defendant corporation; Decided: 17 April 1981]
4-8 Broussard, Diana, etc. v. Southern Pacific Transportation Company No. 78-3734- [En Banc] [No. 78-3734: Plaintiff wife challenged the judgment of the United States District Court for the Western District of Texas, which, granted partial summary judgment in favor of the defendant railroad, on wife's allegation of gross negligence, in her wrongful death action. On appeal, the district court found a conflict in the court's standards for gross negligence, and the court reconsidered the cases in conflict en banc, vacating the panel opinions; Decided: 25 January 1982]
4-9 Brown, Willie James v. Louie L. Wainwright, et al. No. 78-2532 [En Banc] [No. 78-2532: Defendant appealed a decision by the United States District Court for the Middle District of Florida, which denied him federal habeas corpus relief on the ground he was denied the right to represent himself at trial, and the finding that the defendant had waived his right by permitting appointed counsel to conduct the defense and by not reasserting a desire to represent himself until late in the trial; Decided: 11 January 1982]
4-10 Burns, James Paul v. W. J. Estelle, Jr., Director, et al. No. 78-3109 [En Banc] [No. 78-3109: Appellant inmate petitioned for review of the order of the United States District Court for the Western District of Texas, which affirmed appellant's death sentence. Appellant challenged Tex. Penal Code Ann. § 12.31(b), which disqualified jurors unwilling to swear that a mandatory penalty of death or life imprisonment would not affect their deliberations on factual issues; Decided: 24 September 1980]
4-11 Cherry, James Walter v. Director, State Board of Corrections No. 79-1525. [En Banc] [No. 79-1525: The panel reversed the order which denied appellant prisoner's petition for a writ of habeas corpus; Decided: 27 January 1981]
4-12 Coke, W. B., Jr. v. General Adjustment Bureau, Inc. No. 77-2874 [En Banc] [No. 77-2874: Appellant employee sought review of a decision of the United States District Court for the Northern District of Texas that dismissed his complaint for want of jurisdiction in an action brought under the Age Discrimination in Employment Act of 1976 (ADEA); Decided: 23 March 1981]
4-13 Coody, James L. v. United States of America No. 77-2096 [No. 77-2096: Criminal defendant sought review of a decision of the United States District Court for the Eastern District of Louisiana, which dismissed defendant's motion to vacate sentence. Defendant alleged his guilty plea to interstate transportation of a stolen motor vehicle was invalid; Decided: 30 March 1978]
4-14 Davis, Hilary, etc. v. William J. Page, Jr. No. 78-2063 [En Banc] [No. 78-2063: Defendant judges appealed a judgment of the United States District Court for the Southern District of Florida. The district court certified one count of plaintiff indigent mother's complaint as a class action for indigent parents who did not have counsel in Florida dependency proceedings. The court affirmed the district court's judgment, and the Supreme Court of the United States vacated and remanded in light of a recent decision; Decided 15 September 1983]
4-15 Davis, Robert Michael, et al. v. Lewis Williams, et al. No. 77-1299 [En Banc] [No. 77-1299: Defendants, fire chief and city, sought review of the judgment of the United States District Court for the Northern District of Texas, which ordered the reinstatement of plaintiff firefighter on his claim that was vague, overbroad, and facially unconstitutional under United States Constitution amendments I and XIV; Decided: 19 May 1980]
4-16 Federal Election Commission v. T. Bertram Lance No. 78-1859 [En Banc] [No. 78-1859: Defendant candidate challenged the decision of the United States District Court for the Northern District of Georgia, ordering defendant to comply with plaintiff Federal Election Commission's administrative subpoena requiring defendant to appear for a deposition and to produce certain documents regarding alleged violations of the Federal Corrupt Practices Act (FCPA); Decided: 15 January 1981]
4-17 Frank, Jimmy v. Frank Blackburn, Warden, Louisiana State Penitentiary. No. 78-3452 [En Banc] [No. 78-3452: The court decided to rehear an appeal en banc after a panel of the court reversed a district court judgment denying defendant's petition for habeas corpus relief following his conviction of armed robbery; Decided: 17 November 1980]
4-18 Freeport Sulphur Company v. The S/S Hermosa, et al. No. 74-1581 [No. 74-1581: Defendant shipowner appealed a judgment from the United States District Court for the Eastern District of Louisiana awarding plaintiff dock owner damages for reconstruction of its dock; Decided: 23 January 1976]
4-19 Guice, Billy and Howard Claxton, Sr. v. Ray Fortenberry, Superintendent East Carroll Parish Prison Farm No. 80-3350 [En Banc] [No. 80-3350: Petitioners, former police chief and assistant police chief, sought review from the United States District Court for the Western District of Louisiana, which entered judgment of conviction after a six-member petit jury found them guilty of theft. Petitioners, who were black, alleged that blacks were systematically excluded as grand jury foremen; Decided: 18 November 1981]
4-20 Hercules, Inc. v. Stevens Shipping Company, Inc., et al. v. Aetna Casualty & Surety Company Nos. 78-1505, 78-1887 [No. 78-1505, 78-1887: Appellant sought review of the decision which held its claim for indemnity was barred by the one year contract limitations period; Decided: 22 February 1983]
4-21 Jones, Marvin, et al. v. Fred R. Diamond, et al. No. 78-1289 [En Banc] [1 of 3] [No. 78-1289: Inmate claimed that prison conditions so inhumane as to constitute cruel and unusual punishment; Decided: 29 January 1981]
4-22 Jones, [Marvin] v. [Fred R.] Diamond No. 78-1289 Published Opinion [2 of 3] [No. 78-1289: Inmate claimed that prison conditions so inhumane as to constitute cruel and unusual punishment; Decided: 29 January 1981]
4-23 Jones, [Marvin] v. [Fred R.] Diamond No. 78-1289 [En Banc] [3 of 3] [Dissenting Opinion] [No. 78-1289: Inmate claimed that prison conditions so inhumane as to constitute cruel and unusual punishment; Decided: 29 January 1981]
Box 5: O-5 3 Judge Ct.
5-1 Jackson, Loretta Crump, et al. v. Arthur Winstead, et al. No. WC 6820 [No. WC6820: Appellant sought review of the Department of Public Welfare decision to refuse the plaintiff assistance; Decided: 28 May 1988]
5-2 Kline, Adam, et al. v. Cason Rankin, et al. No. WC 72-61-K [No. 73-1232: Plaintiff bar exam applicants filed a complaint that the Miss. Code Ann. §§ 8653, 8662 was unconstitutional; Decided: 11 February 1974]
5-3 Kirksey, Henry J., et al. v. Board of Supervisors of Hinds County, Mississippi, et al. C.A. No. 4939 [No. 75-2212: Plaintiff voters sought review of a redistricting plan of voting districts for the election of county officers elected by single-member districts; Decided: 31 May 1977]
5-4 Lipman, David Michael v. George Van Zant CA. No. GC 7091-K [No. GC 7091-K: Appellant complaint sought a declaratory judgment holding unconstitutional the Miss. Code Ann. § 8654, a statute requiring that an applicant for admission to the bar of Mississippi; 5 August 1971]
5-5 Marsaw, Levi III, et al. v. Joe T. Patterson, Attorney General CA No. 1201 (W) [No. 1201: Plaintiffs alleged that the defendants violated the Voting Rights Act of 1965; Decided: 18 August 1972]
5-6 Martinolich, Dr. A. K., et al. v. Harlan G. Dean, et al. CA No. 3111 (S) [No 3111: Appellant claimed invidious discrimination resulting from population imbalance which exists with respect to the districts as now constituted; Decided: 27, 1966]
5-7 Melikian, Louie v. Richard A. Avent, Justice of the Peace C.A. No. WC 6619 [No. WC 6619: compensation for services rendered; Decided: 9 June 1969]
5-8 Mississippi Freedom Democratic Party, et al. v. Paul B. Johnson, Governor CA No. 4082(J) [No. 4082: Appellant sought review of the court's judgment regarding the violation of the Voting Rights Act of 1965; Decided: 30 April 1969]
5-9 Moore, James, et al. v. Leflore County Board of Election Commissioners, et al. No. GC 7184-K [No. GC 71-84: Appellant sought review of the court's judgment regarding the violation of the Voting Rights Act of 1965; Decided: 18 October 1971]
5-10 Norwood, Delores v. D. L. Harrison, et al. CA No. WC 70-53-K [1 of 2] [No. WC 70-53-K: Appellant sought review of the decision to distribute state-owned textbooks to any private school in Mississippi that engaged in discrimination of any kind or character based on race, creed, color or national origin; Decided: 12 July 1974]
Box 6: O-6 3IP6E CT.
6-1 Norwood, Delores v. D. L. Harrison, et al. CA No. WC 70-53-K [2 of 2] [No. WC 70-53-K: Appellant sought review of the decision to distribute state-owned textbooks to any private school in Mississippi that engaged in discrimination of any kind or character based on race, creed, color or national origin: Decided: 12 July 1974]
6-2 Nunnally, Lillian v. United States Army, et al. CA No. WC6629 [No. WC6629: Plaintiff, Lillian Nunnally, as mother and next friend of Ulysses Z. Nunnally, an infant, to dismiss this cause with prejudice, it appears that the said Ulysses Z. Nunnally has been rejected for induction by the United States Army and that as to him this cause is moot; Decided: 14 July 1966]
6-3 Page, John Curtis, et al. v. Oktibbeha County Board of Supervisors, et al. CA No. EC6642 [No. EC6642: Plaintiffs filed suit alleging the County Board of Supervisors violated of the Civil Rights Act of 1964; Decided: 30 December 1966]
6-4 Penton, Marby v. Hubert H. Humphyrey, et al. CA No. 3283 [No. 3283: Plaintiffs alleged that the the state unit system debases the voting rights and political status of the plaintiff and voters in small states in violation of the due process and equal protection clauses of the Fifth and Fourteenth Amendments; Decided: 31 January 1967]
6-5 Pierce, [Robert] et al. v. [Charles E.] Price CA No. 1353 [No. 1353: Defendant challenges the deputy sheriff's decision to arrest him, alleging that the arrest occurred without casuse; Decided: 21 June 1966]
6-6 Reed, Robert L., Jr., et al. v. Laz Quave, R.C. Simpson, et al. CA No. 3146 (S)(C) [No. 3146: Plaintiffs filed suit alleging the Board of Supervisors of Harrison County violated the due process an dequal protection clausesof the Constitution and the Civil Rights Act of 1871; Decided: 2 March 1966
6-7 Robinson, Alfred B., et al v. J. C. Totten, et al. CA WC 685 [No. WC 685-S: Appellant alleged that African Americans and women excluded from jury service in Marshall County; Decided: 23 December 1968]
6-8 Shaffer, C. T. v. R. W. Palmertree, et al. No. 4058 [No. 4058: Appellant alleged that African Americans and women excluded from jury service in Holmes County; Decided: 4 February 1969]
6-9 Sigalas, E. P. v. Lum R. Cumbest, et al. C.A. No. 3239 [No. 3239: Plaintiffs filed suit alleging the Board of Supervisors of Jackson County violated of the Civil Rights Act of 1964; Decided: 29 May 1967]
6-10 Smith, James, et al. v. Heber Ladner, Secretary of State, C.A. No. 3905(J) [No. CA 3905: Plaintiffs allege statute is unconstitutionally vague and void on its face, deprives plaintiffs of rights under the First and Fourteenth Amendments; Decided: 6 March 1967]
6-11 Smith, John Curtis, et al. v. Jackson Tool & Die, Inc., et al. No. 2996 [No. 27,261: Suit against defendants under the civil liabilities provisions of the Securities Act of 1933; Decided 13 May 1970]
6-12 Smith, Virgia Mae, et al. v. Thomas A. Pearson, et al. No. DC 6533-S [No. DC 6533-S: Suit filed to prevent the enforcement of the Mississippi statute making it a crime to have a second illegitimate child; 30 December 1968]
6-13 Stuard, R. M., et al. v. Board of Supervisors of Lincoln County CA No. 3982 [No. 3982: Plaintiffs filed suit alleging the Board of Supervisors of Lincoln County, Mississippi violated of the Civil Rights Act of 1964; Decided: 29 May 1967]
6-14 Sulcer, James R. v. Tom Virden, et al. CA No. 4172 (J) [No. CA 4172(J): Plaintiffs filed suit alleging the Board of Supervisors of Hinds County, Mississippi violated of the equal protection clause, the Fourteenth Amendment of the Constitution and the Civil Rights Act of 1964; Decided: 4 October 1967]
6-15 Sumrall, John Otis, et al. v. Lt. Col. Harley L. Brown, et al. C.A. No. 4041 (J) [No. 25,064: Defendant sought review of an order of the United States District Court, which convicted him of refusing to report for and submit to induction into the Armed Services of the United States; Decided: 19 June 1968]
6-16 Sumrall, John Otis, et al. Selective Service Records [No. 25,064: Defendant sought review of an order of the United States District Court, which convicted him of refusing to report for and submit to induction into the Armed Services of the United States; Decided: 19 June 1968]
6-17 Texas Congressional Reapportionment Case [No. 63-H-266: Redistricting in Texas; Decided: 5 January 1966]
6-18 USA v. Gulf-State Theatres, Inc. CA No. GC6450; USA v. Sampson, CA No. GC6449 [No. GC6450: Defendants were charged with maintaining a policy of refusing to admit African Americans to theaters and consider them for employment because of their race; Decided: 29 June 1966]
6-19 USA vs. The Board of Election Commissioners of Leake County, Mississippi, et al. CA. No. 4771 (J) [No. 4771: Redistricting in Leake County, Mississippi; Decided: 9 August 1971]
6-20 USA v. State of Mississippi, et al. CA No. 3312 [No. CA 3312: Plaintiff brought suit against the state of Mississippi alleging that the election process violated the Voting Rights Act of 1965; Decided: 21 May 1966]
6-21 USA v. State of Mississippi, CA. No. 3791 (J) [No. CA 3791(J): This suit filed by the United States against the State of Mississippi seeking to attack the constitutionality of the poll tax in Mississippi in State elections; Decided: 26 August 1965]
6-22 Walker, Rosie v. S. W. James, et al. C.A. No. WC 6812. Judges Coleman, Keady and Russell [No. WC 6812-K: Plaintiff brought suit against the state, alleging that the election process that elected six City Council members of Grenada, Mississippi was unconstitutional and violated the Voting Rights Act of 1965; Decided: 6 May 1969]
6-23 Ware, William v. M. L. Nichols [No. GC 6511: Plaintiffs claimed that their arrest was a violation of their constitutional rights of freedom of speech, assembly and petition; Decided: 8 February 1967]
6-24 West Brothers v. United States of America C.A. No. 2221(H) [No. CA 2221: Claim filed in response to a notice temporary ordering the Commission and the United States of America to restrain the issuance of a certificate in the Commission action; Decided: 1 July 1969]
6-25 Williams, James, et al. v. Steve Reed, et al. C.A. No. 1245; Bryant, Elmo, et al. v. et al., C.A. No. DC 6884-S [Consolidated Cases] [No. 1245: This suit filed by James Williams against the County Election Commissioners of Mississippi seeking to attack the constitutionality of the poll tax in Mississippi in State elections; 28 October 1969]
Box 7: O-7 3 Judge CT
7-1 Donald Wright v. John White Valentine, et al. No. DC6736
7-2 Willis, Lillie v. Joe Carson, et al. C.A. No. 1145 (W)(R) [No. CA 1145: Class action suit complained that § 1762 Mississippi Code 1942 which expressly provides that only male citizens will be eligible to serve on juries in the state courts is unconstitutional; Decided: 19 March 1971]
7-3 District Cases for Judge Cox
7-4 Ballard, Seth, et al. v. Joe T. Patterson, Attorney General CA No. 1200 (W)
7-5 Barlow, Thompson v. George Marx, Sr., et al. CA #4170(J)
7-6 Bean, Robert L., et al. v. Bryant Hines, et al. CA WC 684
7-7 Bunton, Charles E., et al. v. Joe T. Patterson, Attorney General, et al. CA No. 1204 (W) [No. CA 1204: Appellants sought review of the court's judgment regarding the violation of the Mississippi Code of 1942 and Voting Rights Act of 1965; Decided: 9 October 1967]
7-8 Braswell Motor Freight, Inc., et al. v. United States of America, et al. CA No. 2314 [No. CA 2314: Plaintiffs seek the suspension, annulment and setting aside of an order that defendant, Interstate Commerce Commission; Decided 3 March 1969]
7-9 Cameron, John Earl et al. v. [Honorable] Paul Johnson, Jr. et al. CA No. 1891(H) [No. CA 1891(H): Appellant challenged the constitutionality of Miss. Code Ann. § 2318.5 (1942), which placed restrictions on picketing at a courthouse, and sought to enjoin respondent, governor and state officials, from enforcing the protestors' convictions; Decided: 24 December 1966]
7-10 Cameron v. Johnson – Proposed Opinion [No. CA 1891(H): Appellant challenged the constitutionality of Miss. Code Ann. § 2318.5 (1942), which placed restrictions on picketing at a courthouse, and sought to enjoin respondent, governor and state officials, from enforcing the protestors' convictions; Decided: 24 December 1966]
7-11 Campbell, H. F., et al. v. O. B. Brown, et al. No. 3182(B) [No. 3182(B): Plaintiffs filed suit alleging the Board of Supervisors of Stone County, Mississippi violated of the Voting Rights Act of 1964; Decided: 19 May 1967]
7-12 Canal Barge Company, Inc. v. Caterpillar Tractor Company, et al. CA No. GC-7059(S)
7-13 Cheek, Michael v. Porter L. Fortune, Jr., et al. No. WC 71-41-S[No. WC 71-41-S: Appellant challenged the right of the State of Mississippi, its junior colleges and institutions of higher learning, to enforce the provisions of Section 6800-11, Mississippi Code Ann. pertaining to the legal residence of and tuition to be charged students attending the junior colleges and institutions of higher learning within the state; Decided: 30 March 1972]
7-14 Chinn, C. O., et al. v. Paul B. Johnson, Governor, et al. CA No. 3977 [No. CA 3977: Complaint filed that Canton Chief of Police ordered the arrest of civil rights marchers and charged them with disorderly conduct; Decided: 10 January 1969]
7-15 Coffey, Mildred, et al. v. State Educational Finance Commission CA No. 3906 [No. CA 3906: The suit challenges the constitutionality of state tuition grants to Mississippi children between the ages of six and twenty-one attending private, nonsectarian schools because they discriminate against African American children; Decided: 29 January 1969]
Box 8: O-8 3 Judge Ct.
8-1 Connor, Peggy J. v. Paul B. Johnson (Congressional Reapportionment) CA 3830 (1 of 2) [No. CA 3830: Appellant sought to challenge the court's decision that the reapportionment was unconstitutional; Decided: 16 June 1971]
8-2 Connor, Peggy J. v. Paul B. Johnson (Congressional Reapportionment) CA 3830 (2 of 2) [No. CA 3830: Appellant sought to challenge the court's decision that the reapportionment was unconstitutional; Decided: 16 June 1971]
8-3 Conner, D. L., et al. v. Board of Supervisors of Oktibbeha County, Mississippi, et al. No. EC 71-96-S [No. EC 71-96-S: Appellant sought review of the court's judgment regarding the violation of the Voting Rights Act of 1965; Decided: 10 November 1971]
8-4 Coppock, Robert, et al. v. Joe T. Patterson, et al, No. 3794 (J) [No. CA 3794: Plaintiffs seek to invalidate certain portions of Senate Bills 1512, 1513, and 1514 of the first Extraordinary Session of the Mississippi Legislature of 1965 as being in contravention of the First and Fourteenth Amendments to the United States Constitution; 16 August 1967]
8-5 Crosby, T. L. v. Pearl River County Board of Supervisors CA No. 3165(S) [No. CA 3165 (S): Plaintiff brought the suit alleging that according to the United States Census of 1960 a discriminatory imbalance of population among the several Board of Supervisors Districts exists and that such discrimination causes an invidious dilution of the vote of the citizens of District 4 and deprives them of their constitutional rights; Decided: 1 July 1966]
8-6 Damon, Henry Eugene, et al. v. Board of Supervisors of Lauderdale County CA No. 1197(e) [No. CA 1197(e): The plaintiffs brought the suit alleging that the county board of supervisors violated the Civil Rights Act; Decided: 19 February 1966]
8-7 Donald, Mingo, Jr. v. R. Kenna Owens, J. P. CA No. 3769(J) [No. CA 3769(J): Plaintiff challenges the allegations that he was disturbing the peace, public drunkenness, carrying a concealed weapon and resisting arrest; Decided: 6 July 1965]
8-8 Evers, Charles v. Mississippi State Democratic Committee, et al. CA No. 5006 [No. CA 5006-N: This is a civil action brought by an African American qualified elector for a declaration that it is illegal to enforce a covered change affecting voting without complying with the Voter Rights Act of 1965; Decided: 27 June 1972]
8-9 Fairley, J. C., et al v. Joe T. Patterson, Attorney General CA No. 2205(H) [No. CA 2205H: Appellant sought review of the court's judgment regarding the violation of the Voting Rights Act of 1965; Decided: 4 October 1967]
8-10 Fort, A. B. v. John N. Mitchell No. EC 71-21-S; Wallace Amusement Company v. Mitchell No. EC 71-70-S [No. EC 7121-S: The plaintiffs challenged the seizure of certain "pinball" machines; Decided: 20 October 1971]
8-11 Gillis, N. B., Sr., et al. v. Board of Supervisors of Pike County, Mississippi, et al. No. 3893(J) [No. 3893 (J) (R): Plaintiffs claims that the election in Pike County violated the Fourteenth Amendment; Decided: 10 August 1966]
8-12 Gladney, Geanette v. The Bank of Mississippi, et al. No. C.A. EC 72-53K [No. CA EC72-53(K): Plaintiff brought suit against the Bank of Mississippi, alleging that her property was seized without due process of law and also alleged that she has a right to possession and a good and meritorious defense; Decided: 27 September 1972]
8-13 Graham, Dorothy, et al. v. John Bell Williams, et al. CA No. 4993 [No. CA 4993: Appellant sought review of the court's judgment regarding the violation of the Mississippi Code 1942; Decided: 24 May 1972]
Box 9: O-9 a. 3 Judge Ct. b. Judicial-Miss
9-1 Griffin, Vernon Tom, et al. v. Joe T. Patterson, Attorney General CA No. 4148(J) [No. CA 4148: Plaintiffs brought suit against the attorney general of Mississippi alleging that County Election Commissioners violated the Voting Rights Act of 1965; Decided: 23 April 1969]
9-2 Hawkins, Mary v. C. W. Capps, et al. No. DC 6742 [No. DC6742: Plaintiff filed suit alleging that the prisoners in the Bolivar County Jails were segregated in all jail facilities and that cells were designated for white or black prisoners; Decided: 21 February 1969]
9-3 Hazelwood, Willie v. C. B. Aycock No. GC6515 [No. GC6515: This is a suit alleging that there are common questions of law and fact affecting the rights of all African American residents and citizens of the State of Mississippi; Decided: 1March 1965]
9-4 Hearin-Miller Transporters, Inc., et al. v. United States of America, et al. C.A. No. 4176 [No. CA 4175, 4176: Plaintiffs sought injunctive relief from the orders of the Interstate Commerce Commission granting certain hauling rights and authority to the Bell Transport Company; Decided: 16 June 1969]
9-5 Huntley, Bessie Mae, et al. v. L. C. Johnson, et al. CA No. 3916(J)
9-6 Aberdeen Court, United States District Court for Judge Clayton, September 5, 1967
9-7 Balthrope, Charles W., et al. v. Commissioner of Internal Revenue No. 21,916
9-8 The Charles Stores, Inc. v. Aetna Insurance Company & Hartford Fire Insurance Company CA Nos. GC 6558 and GC 6559 [No. GC 65-58-S, 65-59-S: Plaintiff insured filed an action against defendant insurers to recover for loss of the insured's inventory that occurred when there had been a fire; Decided: 7 June 1971]
9-9 Clark, James Edward v. United States of America No. 23,736
9-10 Muhammad, Ali, [Clay, Cassius M., Jr.] et al. v. John B. Connally, et al. [No. ?:Plaintiff filed a Petition for Injunction Relief against the Defendants, contending that enforcement of the Selective Service Act wherein ignoring the plaintiff's religious beliefs is illegal, unconstitutional and void; Decided: 28 April 1967]
9-11 Horowitz, Michael J. v. W. Wade Park, et al. No. DC6615
9-12 Huffman, Robert Lee v. Harold Eugene Godwin. No. Misc. 1280 [No. 27,758: Appellant sought to reverse the district court's denial of leave to file a complaint for damages in forma pauperis; Decided: 29 October 1969]
9-13 N[ational] L[abor] R[elations] B[oard] v. Mooney Aircraft, Inc. No. 21,119 [No. 21,119: Petitioner National Labor Relations Board sought enforcement of its order granting a backpay award to respondent employer's employee, which included a finding that had the employee not been discriminatorily discharged, he would have been promoted; Decided: 5 April 1969]
9-14 N[ational] L[abor] R[elations] B[oard] v. Winn-Dixie Stores, Inc., et al. No. 20,444] [No. 20,444: Petitioner National Labor Relations Board (NLRB) petitioned the court to adjudge respondent employer in civil contempt for disobeying a decree entered to enforce an order of the NLRB requiring the employer to cease and desist from unfair labor practices under the National Labor Relations Act; Decided: 4 November 1965]
9-15 Riddell, Tom H., Jr. et al. v. The National Democratic Party, et al. No. 72-2437 [No. 72-2437: Appellant state political party sought review of the judgment of the United States District Court for the Southern District of Mississippi, which denied injunctive relief against appellees, state political, national political party, and committee, in an action surrounding the use of the name "Democratic Party of the State of Mississippi"; Decided: 21 February 1975]
9-16 School Desegregation Cases [Nos. 23,345, 23,331, 23,335, 23,274, 23,365, 23,173, 23,192: Plaintiffs, United States and students, sought review of desegregation plan against defendants school boards and sought to enjoin them from discriminating on the basis of race or color in the operation of the school system; Decided: 29 December 1966]
9-17 Texas Poll Tax Case [No. CA 1570: The United States challenges the validity of the Texas poll tax, which is a violation of the Voting Act of 1965. The United States seeks to show that the requirement of the payment of a poll tax as a precondition for voting in Texas is a device conceived primarily to deprive African Americans of the franchise; Decided: 9 February 1966]
Box 10: A) O-10 Judicial Misc. B) Judge Casefiles 10 March 1975- 5 February 1976
10-1 Taylor, McWhirter, et al. v. Monroe County Board of Supervisors, et al. CA No. EC6744 [No. 27,713: Plaintiff voters appealed the judgment of the United States District Court for the Southern District of Mississippi, which denied plaintiffs' motion for a new election. Plaintiffs sought a new election under newly created county supervisor districts to oust defendant board of supervisors and have them supplanted by choosing others under a one-person one-vote redistricting plan; Decided: 14 January 1970]
10-2 Thaggard, Thomas Lester v. United States of America No. 22120 [No. 22,120: Appellant sought review of his conviction by the United States District Court, for violation of the federal bank robbery statute, that the court failed to give the statute a construction broader than larceny; Decided: 6 December 1965]
10-3 In the Matter of: TMT Trailer Ferry, Inc., et al. No. 71-2953 [1 of 2] [No. 71-2953: Appellant protective committee for independent stockholders of a debtor corporation in bankruptcy, sought review of the district court's decision, which upon remand, approved the compromise settlement of a creditor's mortgage claim against the corporation; Decided: 29 December 1972]
10-4 In the Matter of: TMT Trailer Ferry, Inc., et al. No. 71-2953 [2 of 2] [No. 71-2953: Appellant protective committee for independent stockholders of a debtor corporation in bankruptcy, sought review of the district court's decision, which upon remand, approved the compromise settlement of a creditor's mortgage claim against the corporation; Decided: 29 December 1972]
10-5 United States of America v. Sarah T. Hughes No. 24,101; United States of America v. Ted Cabot No. 24,147 [Nos. 24,101, 24,120, 24,121, 24,147: The government and defendants sought mandamus in four cases arising out of Texas and Florida. The court concluded that, as to the Florida case, mandamus was not appropriate because the judge exercised discretion in deciding what discovery would be allowed. However, as to the Texas cases, the court concluded that the matter should be further briefed and argued; Decided: 5 January 1968]
10-6 Venn, Robert G. v. United States of America No. 25,111 [No. 25,111: Appellant public relations firm president sought review of an order of the United States District Court, that ordered appellant to produce summoned documents requested by appellee Internal Revenue Service for its investigation of a third-party taxpayer. Appellant objected because he and his corporation were defendants in a pending criminal antitrust prosecution and did not want the summoned information to be used in the antitrust prosecution; Decided: 9 August 1968]
10-7 Warren, James, et al. v. Richard A. Connor No. 21,853 [No. 21,853: Appeal from an order dismissing appellant's applications for habeas corpus on the ground that appellants failed to exhaust available state remedies. Appellants are some twenty-eight young African Americans arrested at restaurants, theatres, hotels and motels situated in Savannah, Georgia, during racial protest demonstrations in the summer of 1963; Decided: 29 August 1966]
10-8 Ballard, Bill L. v. El Dorado Tire Company, et al. No. 74-2052 [No. 74-2052: Defendant employer appealed a judgment from the United States District Court for the Middle District of Florida, which awarded plaintiff employee damages and refused to mitigate them by what plaintiff might have earned in other employment. Plaintiff appealed the lower court's holding that he was not entitled to compensation for loss of pension benefits and stock; Decided: 9 May 1975]
10-9 Dalila Pardo De Saric, et al. v. Miami Caribe Investments, Inc., et al. No. 74-1870 [No. 74-1870: Appellant guests sought review of the judgment of a United States District Court, which granted summary judgment in favor of appellees, hotel owner and its insurer, on appellants' diversity suit for recovery under negligent infliction of mental distress for the value of property robbed from them while staying at appellee's hotel; Decided: 9 May 1975]
10-10 Jones, Willie B., et al. v. Tri-County Electric Cooperative, Inc. No. 74-1991 [No. 74-1991: Plaintiff prospective employees appealed judgment of a United States District Court after a bench trial, which denied them relief against defendant's refusal to hire plaintiffs because they were black; Decided: 25 April 1975]
10-11 Kirksey, Mary P. v. United States of America No. 74-2364
10-12 McKay, John G., Jr., et al. v. United States of America No. 74-3169 [No. 74-3169: Plaintiffs appealed the decision of the United States District Court for the Southern District of Florida, which entered judgment against them in their action to recover income taxes paid on income derived from estate assets attributable to a widow's dower portion of an estate after a deficiency assessment by defendant Commissioner of Internal Revenue Service; Decided: 31 March 1975]
10-13 Miller, Barbara, et al. v. Aetna Insurance Company, et al. No. 74-2667
10-14 Moffett, Kenneth B. v. Louie L. Wainwright, et al. No. 74-2118 [No. 74-2118: Defendant appealed the denial of his habeas corpus petition from the United States District Court for the Middle District of Florida. Defendant was convicted of armed robbery and aggravated assault and was sentenced to a life term; Decided: 30 April 1975]
10-15 Parker, Louis W. v. Motorola, Inc. No. 74-1803 [No. 74-1803: Appellant sought review of judgment of the United States District Court for the Southern District of Florida in claim alleging infringement of patent for a tuning system for radio and television receivers; Decided: 8 December 1975]
10-16 Reedy, John L., Sr., et al. v. The Travelers Insurance Company No. 74-2100 [No. 74-2100: Plaintiff co-administrators appealed a judgment of the United States District Court for the Middle District of Florida, which granted summary judgment in favor of defendant insurer. Plaintiffs claimed that their insured decedent should have been classified at a higher salary level for purposes of calculating death benefits under a group life insurance policy; Decided: 19 September 1974]
10-17 Resorts International, Inc. v. Commissioner of Internal Revenue No. 74-1955 [No. 74-1955: Appellant taxpayer sought review of the order of the Tax Court of the United States, which upheld three of four deficiencies assessed by appellee Commissioner of Internal Revenue for four sets of business transactions entered into by appellant; Decided: 14 April 1975]
10-18 Riley, Marcellette, et al. v. Adirondack Southern School for Girls & Dr. George H. Longstaff No. 74-1976 [No. 74-1976: Appellants, mother and child, sought review of a judgment from the United States District Court for the Middle District of Florida in favor of appellees, private school and others, in an action that alleged discrimination in violation of the Civil Rights Act of 1866, which prohibited racial discrimination in the making and enforcement of private contracts; Decided: 5 November 1976]
10-19 Skipper, Richard D. v. Superior Dairies, Inc., et al. No. 74-1729 [No. 73-514-Civ-J-S: Plaintiff route salesman filed an action against defendant dairy seeking overtime pay under the Fair Labor Standards Act of 1938 and one week's vacation pay on a breach of contract theory; Decided: 1 March 1974]
10-20 Suarez, Efrain, et al. v. Louie L. Wainwright, et al. No. 72-1034
10-21 United States of America v. Gabriel Badaracco No. 74-2778
10-22 United States of America v. James Walter Durham, a/k/a "Whitney" Durham No. 74-1994 [No. 74-1994: Defendant sought review of the judgment of the United States District Court for the Middle District of Florida, which convicted him of aiding and abetting the interstate transportation of a fraudulently obtained bank draft; Decided: 14 May 1975]
10-23 United States of America v. Jeffrey Leonard Holmes, et al. No. 74-2419 [No. 74-2419: The government sought review of the order of the United States District Court for the Northern District of Florida, which suppressed the evidence obtained by the use of a beacon installed on appellee's van without a warrant, on the grounds that the use of the beacon was an illegal search in violation of United States Constitution amendment VI; Decided: 20 August 1976]
10-24 United States of America v. Louis San Martin No. 74-2601 [No. 74-2601: Appellant sought review of his conviction by the United States District Court for the Middle District of Florida, for obstruction of a criminal investigation; Decided: 26 June 1975]
10-25 United States of America v. Carl Jonathan Nill No. 74-3428 [No. 74-3428: Appellant bank officer sought review of a jury verdict from the United States District Court for the Middle District of Florida, which found him guilty of fraud charges brought by appellee United States; Decided: 5 September 1975]
10-26 United States of America v. Elizabeth Tucker No. 74-3735 [No. 74-3735: Defendant appealed her conviction from the United States District Court for the Southern District of Florida for failure to remove a sunken vessel; Decided: 16 April 1975]
10-27 Atchley, Walter C. v. Joe R. Greenhill, et al. No. 74-2187 [No. 74-2187: Appellant brought a civil rights action in federal district court, alleging that the defendants violated his rights of due process and equal protection of the laws in the course of a prior state court proceeding; Decided: 29 September 1975]
10-28 Brennan, Peter J., et al. v. Southwire Company No. 74-3288
10-29 Burdett Sound, Inc. v. Altee Corporation, et al. No. 74-2708 [No. 74-2708: Appellant distributor challenged an order from the United States District Court for the Middle District of Florida that granted appellee manufacturer's motion for summary judgment on appellant's suit which averred a conspiracy between appellee and appellant's competitor in violation of the Sherman Act; Decided: 21 July 1975]
10-30 The Citizens Bank & Trust Company, Bainbridge, Georgia, v. St Louis Terminal Warehouse Company; Howell Mathis, et al. No. 74-2718 [No. 74-2718: Bank sought to recover the value of a certain amount of grain, which had been stored in a grain elevator operated by the Warehouse; Decided: 18 July 1975]
10-31 Curl, Grace Burnham v. International Business Machines Corporation, et al. No. 74-3003 [No. 74-3003: Plaintiff appealed the order of the United States District Court for the Southern District of Georgia, which granted summary judgment for defendant corporation on claims that it had misappropriated plaintiff's unpatented ideas. Plaintiff also appealed the refusal of the district court judge to recuse himself for bias; Decided: 8 August 1975]
10-32 Dan J. Sheehan Company v. Occupational Safety and Health Review Commission, et al. No. 74-2764 [No. 74-2764: Petitioner painting contractor sought review of an order of respondent, Occupational Safety and Health Review Commission, which affirmed a penalty assessed by the Secretary of Labor under the Occupational Safety and Health Act of 1970; Decided: 8 October 1975]
Box 11: O-11/ Judge Case Files 10/ March 1975-5 February 1976
11-1 Darden, Samuel T. v. GTE Sylvania, Incorporated No. 74-3226 [No. 74-3226: Appellant Darden filed a class action suit against GTE Sylvania and his local Teamsters union alleging racial discrimination in employment, a violation of the Civil Rights Act of 1964; Decided: 28 May 1975]
11-2 Equal Employment Opportunity Commission v. Walker Manufacturing Company No. 74-3712 [No. 74-3712: Plaintiff alleges that he was fired from his job with Walker Manufacturing Company because he filed a racial discrimination charge with the Equal Employment Opportunity Commission (EEOC). He alleges that firing a person because he files charges with EEOC; Decided: 29 March 1975]
11-3 Hopkins, Michael P. v. James R. Schlesinger, et al. No. 74-2691 [No. 74-2691: Appellant serviceman challenged an order from the United States District Court for the Middle District of Georgia that denied a petition for habeas corpus relief in which appellant sought to be discharged from the armed services on the basis that he was a conscientious objector; Decided: 18 July 1975]
11-4 Lea, Trecie J. v. Family Physicians, P.A., et al. No. 74-2925 [No. 74-2925: Plaintiff patient appealed a decision from the United States District Court for the Northern District of Alabama that entered a judgment notwithstanding the verdict, which set aside a jury verdict in favor of plaintiff in her medical malpractice action against defendant doctor; Decided: 15 August 1975]
11-5 Merced, Pablo Alabunza, et al v. Immigration and Naturalization Services No. 74-3119 [No. 74-3119: This is an appeal from an order of deportation entered by an immigration judge ad affirmed by the Board of Immigration Affairs; Decided: 28 May 1975]
11-6 Mitchell, Richard Leon v. Young Refining Corporation No. 74-3368 [No. 74-3368: Appellant railroad worker challenged the decision of the United States District Court for the Northern District of Georgia, which granted summary judgment in favor of appellee oil refinery on appellant's negligence claim, finding that appellant's recovery was barred by assumption of the risk; Decided: 21 August 1975]
11-7 Palmer, Quinton David, by Next Friend, Marie Palmer v. Roger Hall, et al. No. 74-3272 [No. 74-3272: Appellants, police officer and mayor, challenged the decision of the United States District Court for the Middle District of Georgia, which entered judgment against appellants in the shooting of appellee misdemeanant; Decided: 15 August 1975]
11-8 Paquin, Claude Y., et al v. Four Seasons of Tennessee, Incorporated, et al No. 74-2890 [No. 74-2890: Appellant purchasers sought review of a decision from the United States District Court for the Northern District of Georgia, which entered judgment for appellee salesman in the action of appellants against said appellee and appellee developer for violation of the Interstate Land Sales Full Disclosure Act. Appellants contended interest on their default judgment against appellee developer was miscalculated; Decided: 17 September 1975]
11-9 Parks, Gerald M. v. John T. Dunlop, Secretary of Labor No. 75-1786 [No. 75-1786: Appellant, Secretary of Labor, challenged the decision of the United States District Court for the Northern District of Georgia, which denied appellant's motion to dissolve an injunction against making a permanent appointment to a position sought by appellee employee, who claimed reverse employment discrimination by the Department of Labor; Decided: 13 August 1975]
11-10 Pupa, Benjamin v. Ronnie Thompson, et al. No. 74-2505 [No. 74-2505: Appellants, the mayor and a councilman, sought review of an order from the United States District Court for the Middle District of Georgia, which, in an action brought by appellee that arose out of appellants' interference with appellee's attempts to lawfully transfer a liquor license, ordered appellants to pay a portion of appellee's attorney fees; Decided: 15 August 1975]
11-11 Spartan Grain & Mill Company v. Virgil Ayers, et al. No. 74-3134 [No. 74-3134: Purchaser and producers sought review of the decision of the United States District Court for the Middle District of Georgia, that entered judgment in favor of producers on the issue of reasonable price, but granted a directed verdict in favor of purchaser on the remaining issues, and denied producers' motion to amend their pleadings in purchaser's action seeking to recover the unpaid balance owed to it by producers; Decided: 8 August 1975]
11-12 United States of America v. Noble C. Beasley No. 74-1338 [No. 74-1338: Defendant was found guilty of conspiracy to distribute heroin, filing a fraudulent tax return and willful evasion of income taxes; Decided: 14 July 1976]
11-13 United States of America v. Adell Carter and Mary Bailey Jones No. 74-3815 [No. 74-3815: Appellant criminal defendant and co-defendant sought review of their misdemeanor convictions in the United States District Court for the Middle District of Georgia, for possessing sugar intended for use in violating the laws prohibiting the manufacture and sale of non-tax paid alcoholic spirits; Decided: 28 July 1975]
11-14 United States of America v. Henry Floyd Jr. No. 74-3568 [No. 74-3568: Appellant sought review of a decision from the United States District Court for the Northern District of Alabama, which sentenced him, upon conviction for two counts of sale of heroin by a jury, to a harsher prison sentence than was imposed when appellant previously was convicted of the same offenses upon a guilty plea that was vacated; Decided: 18 September 1975]
11-15 United States of America v. Edward King and Mose Franklin Pearson No. 74-3680 [No. 74-3680: Appellants sought review of their convictions in the United States District Court for the Northern District of Alabama, for the importation of heroin, and of the use of the United States mail to further such importation, possession and distribution; Decided: 8 August 1975]
11-16 Carter, Henry Zac v. Ogden Corporation No. 74-3246 [No. 74-3246: Appellant corporation challenged an order of the United States District Court for the Eastern District of Louisiana, which enjoined appellant from filing or further prosecuting any suits against appellee former employee in any state or federal court; Decided: 4 December 1975]
11-17 Commercial Contractors, Incorporated v. United States Fidelity & Guaranty Company v. R. B. Ethridge & Associates, Incorporated, et al. No. 74-2026 [No. 74-2026: Appellant contractor challenged the United States District Court for the Northern District of Alabama judgment in favor of appellees, subcontractor and surety, in a breach of contract cause of action; Decided: 29 September 1975]
11-18 Drachenberg, Inez Marie, Et al v. Canal Barge Company, Inc., et al. No. 74-2050 [No. 74-2050: Plaintiff widow appealed the decision of the United States District Court for the Eastern District of Louisiana, which, although finding that admiralty jurisdiction attached because the decedent's accident occurred on the deck of a barge, denied recovery on plaintiff's maritime claim against defendant barge company; Decided: 21 April 1978]
11-19 Edwards, Paul C. v. United States of America No. 74-2922 [No. 74-2922: Appellant claimant sought review of a decision from the United States District Court for the Eastern District of Texas, which entered judgment for appellee government in appellant's claim for damages under the Federal Tort Claims Act for negligent medical treatment he received while an inmate at a correctional facility; Decided: 17 September 1975]
11-20 Fenner, Doris G., et al. v. Continental Diving Service, Inc., et al. v. Aquatic Contractors & Engineers, Inc. No. 74-2755 [No. 74-2755: Appellant vessel owner challenged an order of the United States District Court for the Eastern District of Louisiana, which found that it was nominally responsible for one-half of a settlement in a case involving personal injuries brought under the Jones Act; Decided: 13 December 1976]
11-21 Fogel, Frank v. International Paper Company, et al. No. 74-2489 [No. 74-2489: Appellants, a transportation company and its truck driver, sought review of a judgment from the United States District Court for the Eastern District Court for the Eastern District of Texas, which held that appellee was entitled to indemnity against appellants in connection with an accident that occurred on appellee's premises; Decided: 11 August 1975]
11-22 Ingram, Yvonne v. First Wisconsin Mortgage Company, et al. No. 74-3030
11-23 International Association of Heat & Asbestos Workers, Local 66, AFL-CIO v. Leona Lee Insulation & Specialties, Incorporated No. 74-2748 [No. 74-2748: This is an appeal from the District Court's Order dismissing with prejudice because of the failure of appellant's counsel to appear at the time the case was scheduled for trial; Decided: 25 July 1975]
11-24 Mason, Marion v. Charles Balcom, et al. No. 74-3602 [No. 74-3602: The state appealed from a decision of the United States District Court for the Middle District of Georgia, which granted the appellee state prisoner's petition for habeas corpus relief. Appellee had pled guilty in state court to charges of robbery and burglary; Decided: 13 May 1976]
11-25 Morgan, Dolta Jo v. James C. Fletcher, et al. No. 74-2566 [No. 74-2566: Appellant National Aeronautics and Space Administration (NASA) challenged the decision of the United States District Court for the Southern District of Texas, which enjoined the dismissal of appellee employee until she had a full evidentiary hearing. The district court held that the NASA regulations providing only a post-termination hearing, violated the Lloyd-LaFollette Act; Decided: 27 August 1975]
11-26 National Labor Relations Board v. Mitsubishi Aircraft International, Inc. No. 74-3652
11-27 Parker, David C., et al. v. Laundry, Dry Cleaning & Dye House Workers Union Local 218, et al. No. 74-2626 [No. 74-2626: Affidavit of David C. Parker in support of appellee's contention that appeal is moot; Decided: 15 August 1975]
11-28 Quinonez, Carlos A. v. National Association of Securities Dealers, Inc., et al. No. 74-2976 [No. 74-2976: Plaintiff appealed the decision of the United States District Court for the Northern District of Texas that dismissed his complaint against defendants for alleged antitrust violations on the grounds that plaintiff's complaint failed to state a cause of action; Decided: 15 October 1976]
11-29 Reeb, Mrs. Roger McMillan v. Economic Opportunity Atlanta, Inc. No. 74-2913 [No. 74-2913: Appellant employee challenged the judgment of the United States District Court for the Northern District of Georgia, which dismissed her claim against appellee employee under Title VII of the Civil Rights Act of 1964; Decided: 4 August 1975]
11-30 Thomas, Ota D. v. Illinois Central Railroad Company, Brotherhood of Railway, Airline, & Steamship Clerks, et al. Nos. 74-2561 & 74-3518 [Nos. 74-2561, 74-3518: Appellants, former hospital employees sought review of the grant of summary judgment by the United States District Court for the Eastern District of Louisiana, to appellees railroad and union, which judgment affirmed the arbitrator's decision that appellants were not entitled to separation benefits under an agreement between appellee and certain labor organizations. Appellants alleged wrongful discharge and denial of benefits by appellees; Decided: 20 October 1975]
11-31 United States of America v. William H. Beer No. 74-3569 [No. 74-3569: Appellant bank president challenged the decision of the United States District Court for the Middle District of Florida, which entered judgment upon his conviction under an indictment charging him with knowingly and willfully making a false statement to the Federal Deposit Insurance Corporation; Decided: 27 August 1975]
11-32 United States of America v. Carlos Quintana-Valladares No. 74-3688
11-33 United States of America v. Hayes Williams a/k/a Clyde E. Stewart No. 74-3852
11-34 United States Steel Corporation v. United Mine Workers of America, et al. No. 74-2610 [No. 74-2610: Appellants unions sought review of an order by the United States District Court for the Northern District of Alabama which issued a preliminary injunction ordering appellants not to strike over any current and future disputes with appellee employer and which levied a fine against appellants after finding them to be in contempt of the injunctive order. Appellants argued that the injunction violated the Norris-LaGuardia Act; Decided: 24 September 1975]
11-35 United States Steel Corporation v. United Mine Workers of America, et al. No. 74-2904 [No. 74-2904: Appellant steel company challenged the judgment of the United States District Court for the Northern District of Alabama that granted appellee union's motion to dismiss appellant's claim for damages under the Taft-Hartley Act. The district court concluded that appellant had not shown that appellee had made itself party to a strike that violated a contract between the parties; Decided: 24 September 1975]
11-36 Carr, Texie G. v. The Veterans Administration, J. G. Thompson No. 74-3146 [No. 74-3146: Appellant individual sought review of a decision of the United States District Court for the Southern District of Mississippi, which denied her request for leave to add the United States as a defendant, in an action brought by appellant that alleged medical malpractice against appellees, Veterans Administration and a doctor; Decided: 14 November 1975]
11-37 Ferguson, Cassius C., et al. v. Winn Parish Police Jury, et al. v. Elijah Mallory, United States of America No. 74-3408 [No. 74-3408: Plaintiff voter challenged the decision from the United States District Court for the Western District of Louisiana approving the reapportionment plan of defendants, school board and police jury. Plaintiff argued that the apportionment of the school board violated the "one man-one vote" maxim, that the apportionment plan of the police jury diluted black votes in violation of United States Constitution amendment XV, and that the attorney's fees award was too low; Decided: 10 March 1976]
11-38 Flowers, Paul v. Acacia Shipping Company, Inc., et al. v. Mobile Protective Service, Inc. No. 74-3121
11-39 Kirksey, Henry J., et al. v. Board of Supervisors of Hinds County, Mississippi, et al. No. 75-2212 [No. 75-2212: Plaintiff voters sought review of a redistricting plan of voting districts for the election of county officers elected by single-member districts, which was created by defendant board of supervisors and approved and adopted by the United States District Court for the Southern District of Mississippi; Decided: 31 May 1977]
11-40 Louisiana Environmental Society, Inc., et al. v. Claude S. Brinegar, et al. No. 74-3087 [No. 74-3087: Appellant environmentalists sought review of an order from the United States District Court for the Western District of Louisiana, which denied their request for preliminary injunctive relief to halt the construction of the bypass highway; Decided: 28 November 1975]
11-41 McDonald, Michael J., et al. v. Harold Oliver, et al., Local Union 795, International Longshoremen's Association, AFL-CIO, et al. No. 74-3731 [No. 74-3731: Appellant unions challenged the decision of the United States District Court for the Southern District of Mississippi, rendered under Titles I, III, and IV of the Labor Management Reporting Disclosure Act, which, inter alia, enjoined compliance with the results of a union election, dissolved a trusteeship over the Local, and awarded both back pay and attorney fees to appellee elected office; Decided: 14 January 1976]
11-42 National Labor Relations Board v. Piper Industries, Inc., et al. No. 75-1158 [No. 75-1158: This is an application by the National Labor Relations Board for enforcement of its order directing the respondent, Piper Industries, to bargain with the United Rubber, Cork, Linoleum and Pastic Workers of America, American Federation League-Congress of Industrial Organization, as the certified representative of respondent's employees in Jackson, Mississippi; Decided: 15 October 1975]
11-43 Owens, Elvenier, et al v. International Paper Company No. 74-3646 [No. 74-3646: Appellants, decedent's heirs, sought review of a judgment from the United States District Court for the Southern District of Mississippi, which granted an instructed verdict against appellants for failure to establish that the actions of appellee, builder of railroad spur, proximately caused the fatal auto accident; Decided: 15 March 1976]
11-44 Scarbrough, Charles T. v. J. C. Kellum, Sheriff of Oktibbeha County No. 75-1523 [No. 75-1523: Defendant sought review of the judgment of the United States District Court for the Northern District of Mississippi which denied his petition for writ of habeas corpus challenging his conviction for driving while intoxicated; Decided: 7 January 1976]
11-45 State of Louisiana, Through the Sabine River Authority v. Lloyd L. Lindsey, et al. No. 74-2637 [No. 74-2637: Appellant landowners challenged the judgment of the United States District Court for the Western District of Louisiana in an eminent domain action, adopting the findings of a commission and special master that appellant landowners were not entitled to enhancement of the value of their land due to the construction of the Toledo Bend Dam and Reservoir; Decided: 17 December 1975]
11-46 United States of America v. Walter Burnette No. 75-1115 [No.75-1115: Defendant appealed an order from the United States District Court for the Western District of Louisiana, which convicted defendant of receiving a firearm in commerce; Decided: 24 November 1975]
11-47 United States of America v. Wilburn Erdie Hughes No. 74-4050 [No. 74-4050: Appellant sought review of a decision of the United States District Court for the Northern District of Alabama, which convicted him in connection with the interstate transportation and attempted sale of a stolen truck; Decided: 4 April 1976]
11-48 United States of America v. Thomas Boyd Kellum and Jane K. Kellum No. 74-2990 [No. 74-2990: Appellant debtors sought review of an order from the United States District Court for the Southern District of Mississippi, which entered a money judgment against them for an indebtedness owed appellee federal government; Decided: 28 November 1975]
11-49 United States of America v. John B. Levy No. 75-1339 [No. 75-1339: Appellant debtors sought review of an order from the United States District Court for the Southern District of Mississippi, which entered a money judgment against them for an indebtedness owed appellee federal government; Decided: 21 June 1976]
11-50 United States of America v. Ralph Donald Tharpe No. 75-1491 [No. 75-1491: Defendant sought review of a firearms conviction of the United States District Court for the Northern District of Mississippi, which was subsequently reversed on the basis that a pat-down search leading to the discovery of a gun was unconstitutional under Terry. The court took then took the case en banc, to ensure proper interpretation and application of Terry; Decided: 13 August 1976]
11-51 Wright, Walter W. v. Fireman's Fund Insurance Company No. 75-1120 [No. 75-1120: Defendant insurance company sought review of a decision of the United States District Court for the Middle District of Louisiana that denied its motion to dismiss a diversity personal injury action brought in Louisiana by plaintiff Georgia resident against a bankrupt Louisiana corporation and defendant, its liability insurer; Decided: 13 November 1975]
11-52 Alberti, Lawrence Ray v. W. J. Estelle Jr., Director, et al. No. 75-2253 [No. 75-2253: Defendant sought review of an order from the United States District Court for the Southern District of Texas, which denied defendant's action for habeas corpus relief from his conviction and sentence for possession of marijuana; Decided: 29 December 1975]
11-53 Green, Roy Dale v. W. J. Estelle, Director, et al. No.75-1761 [No. 75-1761: Appellant challenged a judgment of the United States District Court for the Northern District of Texas, in favor of the Texas Department of Corrections, which denied his request for habeas corpus relief on his claim of double jeopardy; Decided: 19 December 1975]
11-54 National Labor Relations Board v. Smith Alarm Systems & Central Station Alarm Company No. 75-1113 [No. 75-1113: Appellant challenged a judgment of the United States District Court for the Northern District of Texas, in favor of the Texas Department of Corrections, which denied his request for habeas corpus relief on his claim of double jeopardy; Decided: 17 December 1975]
11-55 San Antonio Retail Merchants Association v. National Labor Relations Board No.75-1055
11-56 Spurlin, A.A., et al. v. General Motors Corporation No. 74-3080 [No. 74-3080: Appellee automobile company petitioned for a rehearing of the decision of the United States District Court for the Northern District of Alabama which rendered judgment for appellants, members of a tort class action; Decided: 10 May 1976]
11-57 State of Florida, Robert L. Shevin, Attorney General v. Exxon Corporation, et al. No. 74-3309 [No. 74-3309: Appellant attorney general challenged a judgment of the United States District Court of the Northern District of Florida, which dismissed his antitrust action against appellee oil companies as beyond appellant's authority; Decided: 22 January 1976]
Box 12: O-B Jud. Case Filed. 8 March 1976- 4 November 1976
12-1 American Federation of Government Employees, et al. v. Wayne Coblurn, Director, et al. No. 75-3379 [No. 75-3379: Appeal court ruled that consolidation cannot be ordered by the court without adequate notice and an opportunity for a full hearing on the merits; Decided: 10 May 1976]
12-2 Biotronik Meb-Und Therapiegerate GMBH Ingenieurburo, et al. v. Concept, Inc. v. Biotronik Sales, Inc., et al. No. 74-4162
12-3 In the Matter of: Foster, Marvin, Jr. No. 75-1076
12-4 Haggard, Henry C. v. State of Alabama No. 75-2581 [No. 75-2581: Defendant sought review of an order of the United States District Court for the Northern District of Alabama, which denied his petition for a writ of habeas corpus; Decided: 14 April 1977]
12-5 Insurance Company of North America v. Avis Rent-A-Car System, Inc., et al. No 74-4215 [No. 74-4215: Defendants, car rental company and its insurer, appealed the summary judgment of the United States District Court for the Southern District of Florida, which held in favor of plaintiff insurance company. Plaintiff had brought suit against defendants seeking indemnity; Decided: 14 June 1976]
12-6 Lewis, Veronica, et al. v. S.S. Baune, et al. No. 75-3339 [No. 75-3339: Appellant vessel owners sought review of an order of the United States District Court for the Eastern District of Louisiana, which granted appellees, survivors of deceased seamen, a permanent injunction and entered a conviction of contempt against appellants for violating an earlier temporary restraining order; Decided: 6 June 1976]
12-7 Nolen, Lenardr Wallace, Sr. v. James R. Schlesinger, et al. Nos. 75-1398, 75-3294 [No. 75-1398: Plaintiff seeks correction of military medical records in an effort to prove "service-connected" hypertension and effectuate a claim for disability under the Veterans Administration Act; Decided: 26 June 1976]
12-8 Poirier, Leon S. v. Charles R. Carson, et al. No. 75-1134 [No. 75-1134: Appellant arrestee sought review of an order of the United States District Court for the Eastern District of Louisiana, which granted summary judgment in favor of appellee reporter in appellant's action; Decided: 25 August 1976]
12-9 Rodehorst, Albert A., et al. v. Leonard Rupp, et al. No. 74-3396
12-10 Rodriguez, Margaret S. v. Donald E. Ritchey, et al. No. 75-1362 [No. 75-1362: Plaintiff sought review of an order from the United States District Court for the Middle District of Florida, awarding summary judgment to defendants, Federal Bureau of Investigation agents, in her action alleging that her U.S. Constitution amendment IV rights were violated because there was no probable cause for her arrest; Decided: 3 August 1977]
12-11 Scroggins, Frank W., Trustee In Bankruptcy for Air Transfer, Inc. v. Air Cargo, Inc., et al. No. 75-1307 [No. 75-1307: Plaintiff cargo handler appealed from a judgment in the United States District Court for the Northern District of Georgia, which granted summary judgment to defendants, an air cargo agent and cargo agent. The suit charged that defendants took part in conspiracy in restraint of trade, monopolization and attempt to monopolize and tortious interference with a contract based on Georgia state law; Decided: 9 July 1976]
12-12 Somerstein, Seymour v. Bach & Company, Inc., Harold Moss v. Bache & Company, Inc. Nos. 75- 1349, 75-1348 [Nos. 75-1350, 75-1349, 75-1348: Plaintiff sought review and claimed that Court had overlooked the testimony of the three Plaintiffs and the sole witness for Defendant, James Cobb, which properly categorize the instant action as an omission and/or non-disclosure case; Decided: 28 April 1976]
12-13 Swint, Louis, et al. v. Pullman-Standard, et al No. 74-3726 [No. 74-3726: Appellant steelworkers sought review of a judgment of the United States District Court for the Northern District of Alabama, which found that the departmental seniority system employed by appellee railroad was not discriminatory and did not perpetuate past discrimination and that economic harm in departmental assignments was not sufficiently proved by appellants, and denied appellants red circling for transferees; Decided; 30 August 1976]
12-14 United States of America v. Walter K. Fischer and Gregory Stueve No. 75-3251 [No. 75-3251: Defendants sought review of an order of the United States District Court for the Southern District of Florida, which denied defendant's motions for a new trial after defendants were convicted of conspiracy to possess and distribute cocaine, possession with the intent to distribute the cocaine, and distribution of the cocaine, all criminal offenses; Decided: 17 May 1976]
12-15 United States of America v. William Harris, Jr. No. 75-2859 [No. 75-2859: Appellant sought review of the decision of the United States District Court for the Western District of Texas that convicted him of conspiracy with intent to distribute; Decided: 14 June 1976]
12-16 United States of America v. Julio A. Lara No. 75-3299 [No. 75-3299: The United States District Court for the Southern District of Florida sentenced defendant on a prior conviction of conspiracy to transport a stolen vehicle in interstate commerce, and on his nolo contendere plea to a bond jumping indictment; Decided: 27 September 1976]
12-17 United States of America v. Stuart H. Russell No. 75-3066 [No. 75-3066: It has been made known to the Court as a fact, supported by the official death certificate of the State of Oklahoma, that appellant, Stuart H. Russell, in the above-styled and numbered appeal died in Oklahoma City, Oklahoma on June 21, 1976. Since a criminal prosecution abates ab initio upon the death of an appellant, the cause must be remanded with directions to the district court to vacate the judgment and dismiss the indictment as to the appellant; Decided: 10 July 1976]
12-18 Weeks, Panda v. W. J. Estelle, Jr., Director, et al. No. 75-2983 [No: 75-2983: The state appealed the grant of defendant's petition for writ of habeas corpus by the United States District Court for the Southern District of Texas, with regard to defendant's conviction of possession of heroin, as being the result of an illegal arrest and search; Decided: 17 May 1976]
12-19 Williams, Ruthena, Annie Marie Brown, et al. v. the Honorable C. P. Ruberiera, et al. No. 75-1383 [No. 75-1383: Plaintiffs, state welfare fraud suspects, appealed from the judgment of the United States District Court for the Southern District of Florida, which refused to issue a declaratory decree that plaintiffs were constitutionally entitled to appointed counsel in their state cases; Decided: 27 September 1976]
12-20 Allied Paper, Inc., et al. v. Federal Power Commission No. 75-2183 [Nos. 75-2183, 75-2339, 75-2347, 75-3057: Petitioners, three electric utilities and three industrial companies, sought review of a decision by the Federal Power Commission (FPC), which ordered a gas pipe line company to curtail deliveries of gas under a three-priority plan; Decided: 5 February 1976]
12-21 Associated Gas Distributors v. Federal Power Commission No. 75-3845 [No. 75-3845: Petitioner gas distributor organization sought review of certain orders from respondent Federal Power Commission, which had accepted new rates filed by natural gas producers in accordance with a national rate structure promulgated by respondent. Petitioner contended that each and every rate filing had to be justified separately; 4 February 1976]
12-22 Atlantic Richfield Company v. Federal Power Commission No. 75-2802 [No. 75-3845: Petitioner gas distributor organization sought review of certain orders from respondent Federal Power Commission, which had accepted new rates filed by natural gas producers in accordance with a national rate structure promulgated by respondent. Petitioner contended that each and every rate filing had to be justified separately; Decided: 4 February 1976]
12-23 The California Company, A Division of Chevron Oil Company v. Federal Power Commission No. 75-3000
12-24 Continental Oil Company v. Federal Power Commission No. 75-2672
12-25 Dorchester Gas Producing Co. v. Federal Power Commission No. 76-1341
12-26 Ecee, inc. v. Federal Power Commission No. 75-2327 [No. 75-2327: Petitioner natural gas producer sought review of an order of respondent, Federal Power Commission, which denied petitioner's motions to withdraw their applications for certificates of public convenience and necessity previously filed to permit it to sell natural gas in interstate commerce, and to substitute in lieu thereof new applications at the nationwide rate; Decided: 17 February 1976]
12-27 Exxon Corporation v. Federal Power Commission No. 75-3819, Mobil oil Corporation v. Federal Power Commission No. 75-4001 [No. 75-3373, 75-2851, 75-3682, 75-3819, 75-4001: Petitioners, oil companies and a holding company, challenged the orders of respondent Federal Power Commission, which held that natural gas that petitioner holding company owned in fee under a leasehold reversionary interest was dedicated to interstate commerce by petitioner oil companies, which leased the property; Decided: 13 December 1976]
12-28 Fort Pierce v. Federal Power Commission No. 75-1397 [No. 75-1397: Petitioner city sought a review of an order of respondent Federal Power Commission of Florida, which granted relief to customers who claimed that their particular need for gas entitled them to a preference over other customers; Decided: 9 February 1976]
12-29 General American Oil Company v. Federal Power Commission No. 74-4233
12-30 L. P. & L. v. Federal Power Commission 75-2183, New Orleans Public Service v. Federal Power commission No. 75-2339 [Nos. 75-2183, 75-2339, 75-2347, 75-3057: Petitioners, three electric utilities and three industrial companies, sought review of a decision by the Federal Power Commission (FPC), which ordered a gas pipe line company to curtail deliveries of gas under a three-priority plan; Decided: 5 February 1976]
12-31 L. P. & L. Company v. Federal Power Commission No. 75-3429. [No. 75-3429: Petitioner utility company sought review of an order issued by respondent Federal Power Commission, which denied petitioner's request that respondent file an environmental impact statement for an "interim" gas curtailment plan invoked by respondent; Decided: 19 August 1977]
12-32 Mississippi Power & Light Company v. United Gas Piope Line Company, et al. No. 75-2316 [No. 75-2316: Appellant electric company sought review of a stay of proceedings in the United States District Court for the Southern District of Mississippi, arguing that the Federal Power Commission did not have primary jurisdiction over this breach of contract case, and even if it did, the court erred in making a nonspecific ruling; Decided: 27 May 1976]
12-33 Mitchell Energy Corporation v. Federal Power Commission No. 75-3110 [No. 75-3110: Appellant energy corporation challenged the order of respondent Federal Power Commission that all available natural gas reserves in a particular field must continue to be delivered to the grantee of a leasehold; Decided: 11 June 1976]
12-34 Pennzoil Company, et al. v. Federal Power Commission No. 75-2961, Tenneco Oil Company v. Federal Power Commission No. 75-3003 [No. 75-2961: Petitioners appealed the order of the Federal Power Commission stating that certain information required of various off-shore natural gas producers would be made public, arguing that publication of the information subject to disclosure, which consisted of trade secrets and confidential geophysical information, would significantly damage petitioners' financial interests; Decided: 2 July 1976]
12-35 Pennzoil Producing Company v. Federal Power Commission No. 76-1626 [Nos. 76-1626, 76-1831, 76-2128: Petitioner gas companies sought review of an order of respondent, Federal Power Commission, which denied that it had authority to allow natural gas producers to increase their rates above the interstate ceiling to reflect the increased cost of market value royalty obligations under existing leases and held that the abandonment of the royalty portion of the gas, which had been dedicated to interstate commerce by the lessees, was not permitted; Decided: 1 September 1977]
12-36 Shell Oil Company v. Federal Power Commission No. 75-3593 [No. 75-3593: Appellant challenged an order of respondent, the Federal Power Commission, regarding section 7 and section 4 proceedings pursuant to the Natural Gas Act; Decided: 23 July 1976]
12-37 Southern Natural Gas Company v. Federal Power Commission No. 75-4309
12-38 Southland Royalty Company, et al. v. Federal Power Commission No. 75-2851 [Nos. 75-3373, 75-2851, 75-3682, 75-3819, 75-4001: Petitioners, oil companies and a holding company, challenged the orders of respondent Federal Power Commission, which held that natural gas that petitioner holding company owned in fee under a leasehold reversionary interest was dedicated to interstate commerce by petitioner oil companies, which leased the property; Decided: 13 December 1976]
12-39 Superior Oil Company v. Federal Power Commission No. 75-3765
12-40 Vreeland, John B. d/b/a Blair-Vreeland v. Federal Power Commission No. 75-2550 [No. 75-2550: Petitioner assignee sought review of the order from the Federal Power Commission, involving a Texas case, which directed him to discontinue intrastate natural gas sales from certain wells and to sell the gas from those well to intervenor interstate gas pipeline company; Decided: 22 March 1976]
12-41 Ainsworth, Ernie Ree v. Jack Reed, et al. No. 76-1292 [No. 76-1292: Petitioner appealed the decision of the United States District Court for the Southern District of Mississippi that denied his writ of habeas corpus; Decided: 10 November 1976]
12-42 Barnes, Ether L. v. Jones County School District, et al. No. 75-3162 [No. 75-3162: Plaintiff black teacher challenged the judgment by the United States District Court for the Southern District of Mississippi, in favor of defendant school district in plaintiff's action for reinstatement and back pay, in which she claimed she was demoted in one year and that the demotion and the failure to renew her contract was improper, violated due process, equal protection and Singleton standards; Decided: 3 January 1977]
12-43 Barnes, Jerry Ray v. General Motors Corporation No. 75-1975 [No. 75-1975: Defendant car manufacturer sought review of a judgment from the United States District Court for the Southern District of Mississippi, which returned a jury verdict in favor of plaintiff driver in a product liability action that arose from a car accident. Plaintiff alleged that the negligent design of defendant's vehicle caused him to lose control and crash in a single car accident; Decided: 18 February 1977]
12-44 Callon Petroleum Company v. Big Chief Drilling Company v. William R. Stanley No. 74-4172 [No. 74-4172: Defendant drilling company appealed a judgment from the United States District Court for the Southern District of Mississippi, which directed a verdict in favor of plaintiff, a petroleum company, and third-party defendant, a construction company. Plaintiff had sued defendant after defendant drilled a well in a location different from that specified in the contract between plaintiff and defendant; Decided: 18 March 1977]
12-45 Carter, Larry v. Dr. Jean E. Smith No. 75-2087 [No. 75-2087: Appellant Canadian resident sought review of the judgment of the United States District Court for the Northern District of Mississippi, which declined to grant appellant diversity jurisdiction so that it could remove to federal court the action instituted by appellee Mississippi resident; Decided: 20 January 1977]
12-46 D'Lo Royalties, Inc. v. Shell Oil Company No. 75-1973
12-47 Gordy, Gregory Marshall, et al v. City of Canton, Mississippi No. 75-2088 [No. 75-2088: Appellant city sought review of the judgment of the United States District Court for the Southern District of Mississippi, which granted appellee decedent's sons damages for decedent's wrongful death by accidental electrocution; Decided: 6 December 1976]
12-48 Haryd, Joseph v. Leon L. Porter, Jr., et al No. 76-1434 [No. 76-1434: Appellant, former high school principal, sought review of an order of the United States District Court for the Northern District of Mississippi that ruled his Singleton rights were not violated, and his original displacement as principal and the denials of his two subsequent application for employment as principal were not racially discriminatory; Decided: 10 February 1977]
12-49 Hyde Construction Company, Inc. v. Koehring Company No. 75-1261 [Nos. 75-1261, 75-1327: Appellant sought review of the district court's judgment regarding negligence; Decided: 25 April 1977]
12-50 Tenneco Oil Company v. Federal Power Commission No. 75-2663
12-51 Texaco, Inc., v. Federal Power Commission No. 75-3682
12-52 Texas Eastern Transmission Corporation v. Federal Power Commission No. 76-1068
12-53 Union Oil Company of California and Sheldon W. Roberdeau v. Federal Power Commission No. 75-3164
Box 13: O-12 A. 10 March 1975- 5 February 1976 B. 8 March- 4 November 1976
13-1 United States of America v. Ronald J. Rowbotham No. 75-1734
13-2 United States of America v. Harold Smith No. 75-1218 [No. 75-1218: Defendant appealed the judgment from the United States District Court for the Western District of Louisiana, which denied his motion for a mistrial and convicted him of interstate transportation of a stolen vehicle. Defendant claimed that his oral agreement to waive a jury of 12 did not comply with Fed. Rs. Crim. P. 23(a) and 23(b) when the written stipulation could not be found after a juror was excused; Decided: 17 November 1975]
13-3 United States of America v. Sherwin Irving Lisner a/k/a Jerome Lisner a/k/a Lerry Lisna and James Jeffries No. 75-1435 [No. 75-1435: Appellants challenged a judgment of the United States District Court for the Middle District of Florida, in which they were convicted of travelling interstate for the purpose of engaging in a professional gambling enterprise; Decided: 29 December 1975]
13-4 United States of America v. Hyman C. Slepicoff, d/b/a Graduate Enterprises No 75-1404 [No. 75-1404: Appellant challenged the judgment of the United States District Court for the Middle District of Florida, which convicted him of three violations of the federal statute prohibiting mailing of obscene material; Decided: 19 December 1975]
13-5 United States of America v. Howard Lee White No. 74-3281 [No. 74-3281: Appellant challenged the judgment of the United States District Court for the Western District of Texas, which convicted him on four counts of interstate transportation of forged securities; Decided: 24 December 1975]
13-6 United States of America v. Oia F. Wright No 75-1923
13-7 Bailey, Alton J. v. Ryan Stevedoring Company, Inc., et al. No. 74-2544 [No. 74-2544: Appellant longshoreman challenged an order from the United States District Court for the Middle District of Louisiana, which dismissed appellant's civil rights action against appellee stevedoring companies and refused to grant appellant's motion for permanent injunction against appellee's continued operation of segregated locals; Decided: 11 March 1976]
13-8 Gates, Nazareth, et al., and United States of America v. John Collier, et al. No. 75-2397 [No. 75-2397: This appeal is taken from the District Court's refusal to modify its prior injunctive order in response to allegations of racial discrimination toward inmates in the employment and training of personnel at the Mississippi State; Decided: 8 January 1976]
13-9 Genaw, Randy Dean v. Volks-Wagenwerk, A. G. No. 74-3875 [No. 74-3875: Appellant, who was injured in a car manufactured by appellee, sought review of a decision in the United States District Court for the Middle District of Florida, which quashed service of process on appellee foreign manufacturer. The action alleged negligent design, manufacture, and assembly of a motor vehicle, and breach of implied warranty; Decided: 9 August 1976]
13-10 Kingsville Independent School District v. Janet Cooper No. 74-2504
13-11 Lacaze, Jack D. v. Egon Olendorff; Mississippi Valley Barge Linen Company No. 74-3002 [No. 74-3002: Appellant barge owner sought review of a judgment of the United States District Court for the Eastern District of Louisiana., which found appellant liable for injuries to appellee longshoreman while he assisted in the discharge of cargo from the barge. Appellee was awarded damages, with a 20 percent reduction for his own contributory negligence, after a jury found that appellee was injured due to the unseaworthiness of the barge; Decided: 12 February 1976]
13-12 Lynott, Jay v. J. D. Henderson, Warden, et al. No. 75-1601 [No. 77-2125: Plaintiff prisoner sought review of the judgment of the United States District Court for the Northern District of Georgia, which, after remand, granted defendant prison officials' motion to dismiss plaintiff's motion for a temporary restraining order to enable him to be visited by a friend; Decided: 25 January 1980]
13-13 Moore, Henry Demps v. W. J. Estelle, Jr., Director, et al. No. 75-2442 [No. 75-2442: Appellant inmate sought review of the judgment of the United States District Court for the Western District of Texas, which denied his petition for habeas corpus relief; Decided: 2 February 1976]
13-14 Panior, Earl, et al. v. Iberville Parish School Board, et al. No. 75-2381 [No. 75-2381: Plaintiffs, challengers of defendant school board's plan, appealed from the order of the United States District Court for the Middle District of Louisiana, approving a court-ordered reapportionment plan, without a hearing; Decided: 2 August 1976]
13-15 Smith, Mark and Teeta, et al. v. General Motors Corporation No. 74-3889
13-16 State of Florida, Florida Board of Examiners of Nursing Home Administrators, et al. v. F. David Mathews, et al. No. 75-1905 [No. 75-1905: Appellant state sought review from the United States District Court for the Northern District of Florida a verdict dismissing its claim against appellee United States Secretary of Health was affirmed in an action seeking to enjoin appellee from enforcing a statute regarding the licensing board; Decided: 23 January 1976]
13-17 Tupco, Division of Dark Industries, Inc. v. National Labor Relations Board Nos. 75-1851, 75-1371
13-18 United States of America v. Victor Acosta, et al. No. 75-1301 [No. 75-1301: Appellant government sought review from the United States District Court for the Southern District of Florida, in which an indictment was dismissed on the ground of prosecutorial misconduct, and the judge barred appellant from invoking judicial processes to obtain convictions against appellees. Appellant sought reinstatement of verdicts against appellees; Decided: 29 January 1976]
13-19 United States of America v. Jose Demetrio Arteaga-Limones and Mike Lozano Cantu No. 75-1648 [No. 75-1648: Defendants appealed from the judgment of convictions by the United States District Court for the Western District of Texas for drug-related offenses; Decided: 8 April 1976]
13-20 United States of America v. Martin Diharce-Estrada No. 75-2642 [No. 75-2642: Defendant sought review of an order from the United States District Court for the Western District of Texas, which convicted defendant of importation and possession with intent to distribute approximately 103 pounds of marijuana; Decided: 29 January 1976]
13-21 United States of America v. James Nicholas Gordy No. 75-1522 [No. 75-1522: Defendant sought review from the United States District Court for the Western District of Texas, in which his conviction for possession with intent to distribute marijuana was affirmed after trial by a second jury; Decided: 29 January 1976]
13-22 United States of America v. Robert Gene Muncy and William Mark Chesser No. 75-1900 [No. 75-1900: Appellant sought review of the judgment entered by the United States District Court for the Middle District of Georgia, which convicted appellant of conspiracy to transport stolen goods in interstate transportation and concealing and storing certain stolen beef which was a part of interstate commerce; Decided: 17 February 1976]
13-23 United States of America v. Hargis Ray Murray, et al. No. 74-4226 [No. 74-4226: Defendants appealed their judgments of conviction imposed in the United States District Court for the Northern District of Texas; Decided: 18 February 1976]
13-24 United States of America v. Santiago Guadalupe Ochoa No. 75-2808 [No. 75-2808: Defendant sought review of the judgment of the United States District Court for the Western District of Texas, which convicted him of assaulting drug enforcement agents. Defendant argued that he acted reasonably but under a mistake of fact, believing the agents were intruders attempting to damage his home or injure his family; Decided: 12 February 1976]
13-25 United States of America v. Miguel Angel Sandoval No. 75-1440
13-26 Williams News & Novelty, Inc., et al v. Salvador Lentini, et al. No. 75-3372
13-27 Breedlove, Ada A. v. Housing Authority of the City of Swainsboro, Georgia, et al. No. 74-3376 [No. 74-3376: Plaintiff claimed that her sex was a deciding factor in the Commission's decision to deny her employment; Decided: 4 March 1976]
13-28 Calcasieu-Marine National Bank of Lake Charles v. American Employers' Insurance Company No. 74-3918 [Nos. 74-3918, 75-1427: Appellant insurance carriers sought review of the United States District Court for the Western District of Louisiana from a decision which granted coverage under bond policies to appellee banks. Appellants asserted the claims in issue were excluded; Decided: 14 June 1976]
13-29 Eagle Leasing Corporation, et al. v. Hartford Fire Insurance Company v. National Casualty Company, et al. No. 74-3858 [No. 74-3858: Appellant insurer sought review of an order of the United States District Court for the Eastern District of Texas, which held that it had to indemnify appellee insureds for attorney's fees and expenses incurred in the defense of a suit pursuant to the protection and indemnity coverage it provided in a marine indemnity insurance policy; Decided: 22 October 1976]
13-30 Garrison, Warren v. C. Murray Henderson, Warden No. 75-2798 [No. 75-2798: Appellant, the acting warden at a federal penitentiary, challenged an order of the United States District Court for the Eastern District of Louisiana that granted relief to appellee on his habeas corpus petition on grounds that the prosecutor's failure to provide appellee with certain material violated the requirements of due process as enunciated in federal precedent; Decided: 13 December 1974]
13-31 Howell, Hassie Duran v. Marmpegaso Compania Naviera, S. A., et al. No. 74-2639 [No. 74-2639: Appellant stevedore challenged the judgment of the United States District Court for the Eastern District of Louisiana, which awarded damages to appellee longshoreman in the amount of $150,000. Appellant argued the amount of damages was excessive; Decided: 9 August 1976]
13-32 Louisiana Bank & Trust Company v. Employers Liability Assurance Corporation No. 75-1472
13-33 National Labor Relations Board v. J. P. Stevens & Company, Inc., Gulistan Division No. 73-3175 [No. 73-3175: Respondent employer sought review of the order of petitioner National Labor Relations Board, which sought to have respondent held in civil contempt for refusing to bargain in good faith with the union; Decided: 20 September 1976]
13-34 Norman Bridge Drug Company v. Michael Banner, et al. Nos. 75-1962, 74-3877 [Nos. 74-3877, 75-1952: Appellants, administrator and Drug Enforcement Administration, sought review of the orders from the United States District Court for the Middle District of Alabama, which granted appellee drug company a preliminary injunction against the suspension of its license to dispense controlled drugs and the seizure of controlled drugs and assessed a civil contempt fine against appellants; Decided: 5 April 1976]
13-35 Perry, Darrel George v. Morgan Guaranty Trust Company of New York, et al: Hendy International Company No. 74-3023 [No. 74-3023: Defendant shipowner challenged the judgment from the United States District Court for the Eastern District of Louisiana, which awarded damages to plaintiff seaman for personal injuries sustained when plaintiff slipped on grease left on stairs aboard defendant's tanker; Decided: 22 March 1976]
13-36 Pitts, Robert (Robb) v. Goodwyn Cates v. George D. Busbee, et al. No. 75-3430 [No. 75-3430: Appellant intervenors and co-appellant governor sought review of the judgment of the United States District Court for the Northern District of Georgia, which enjoined enforcement of the 1973-1974 plan for electing county commissioners. The attorney general had rejected the plan and enjoined enforcement of the county board of election's proposed interim plan, which was never submitted to the attorney general for approval; Decided: 28 July 1976]
13-37 Sorenson, Bradford, et al. v. George Raymond No. 74-2624 [No. 74-2624: Appellant tenants challenged an order of the United States District Court for the Middle District of Florida, which denied their motions for a new trial and a directed verdict and entered jury verdicts finding that race was not a significant factor in appellee landlord's eviction of them; Decided: 1 June 1976]
13-38 Spartan Properties, Inc. v. Honeywell, Inc. No. 74-3770 [No. 74-3770: Appellant lessor sought review of a directed verdict entered by the United States District Court for the Northern District of Georgia, in favor of appellee lessee in appellant's action claiming that appellee breached an alleged promise to deliver a signed lease to appellant by a certain date; Decided: 5 March 1976]
13-39 United States of America v. Thalia Adderly and Simeon Adderly, Sr. Nos. 75-2857, 75-2622 [No. 75-2622: Appellants challenged an order of the United States District Court for the Southern District of Florida, which convicted them of conspiracy to conduct an illegal gambling business and conducting the business; Decided: 9 April 1976]
13-40 United States of America v. Henry Samuel Atkins, Jr. No. 75-2754 [No. 75-2754: Appellant accused sought review of his conviction from the United States District Court for the Southern District of Georgia, complaining that he was improperly classified by the local selective service board and denied his constitutional right to a speedy indictment and trial; Decided: 22 March 1976]
13-41 United States of America v. Christine Bush and Samuel Alan Rosenstrauch No. 75-3063
13-42 United States of America v. Antonio Grillo, Raul Coto, Eduardo Coto and Augustin Perez No. 75-2608 [No. 75-2068: Appellants sought review of a judgment of conviction entered by the United States District Court for the Southern District of Florida, for conspiracy, claiming that a statement made by one appellant that was admitted at their trial was prejudicial to the other appellants; Decided: 5 March 1976]
13-43 United States of America v. Phillip Onori and Theodore Bukky No. 75-2577 [No. 75-2577: Defendants appealed judgments of the United States District Court for the Southern District of Florida, which convicted them of two counts of possession with intent to distribute two grams of cocaine and the distribution of two grams of and one count of conspiracy to distribute ten pounds of cocaine; Decided: 26 July 1976]
13-44 Vardy, Oliver L. v. United States of America and Donald Forscht, et al. No. 75-2180 [No. 75-2180: Appellant challenged a judgment from the United States District Court for the Southern District of Florida, which denied appellant's application for writ of habeas corpus. Appellant argued that the court had no subject matter jurisdiction in his extradition action; Decided: 26 March 1976]
13-45 Armstrong, James M. v. J. A. Collier, et al. No. 75-3147 [No. 75-3147: Appellant prisoner sought review of an order of the United States District Court for the Northern District of Mississippi, which denied his petition for habeas corpus relief, attacking a Mississippi conviction for manslaughter based on the state's failure to disclose certain evidence in its possession; Decided: 29 July 1976]
13-46 Barthelemy, Roley F.: Director, Office of Workers' Compensation Programs v. J. Ray McDermott & Company Inc., et al. No. 74-3196 [No. 74-3196: Petitioner employee sought review of an order entered by the United States Department of Labor, which set aside an award of compensation made by the deputy commissioner. Petitioner had filed a claim for workmen's compensation benefits pursuant to the Longshoremen's and Harbor Workers' Compensation Act against respondent employer for injuries sustained in the course of employment; Decided: 18 August 1976]
13-47 Carpa, Inc., et al. v. Ward Foods, Inc., et al. v. Bill G. Martin, et al. No. 75-1206 [No. 75-1206: Defendant franchisers appealed a jury verdict entered by the United States District Court for Western District of Texas, which found that defendants violated the Sherman Act. Plaintiff corporation appealed cancellation of a lease, and plaintiffs franchisee, corporation, and individual appealed the reduction of recovery by settlements paid by other defendants franchisers dismissed from the case; Decided: 28 July 1976]
13-48 Cherokee Insurance Company, et al. v. L. A. Koenenn, Jr., et al.; v. William E. Seaton, et al. No. 75-1038 [No. 75-1038: Appellant sellers sought review of an order of the United States District Court for the Southern District of Mississippi, that divided insurance proceeds to which appellants had made a claim and cancelled appellee buyers' promissory note in an interpleader action in which the parties were named defendants; Decided: 4 August 1976]
13-49 Harris, James U. v. United States of America, et al. No. 74-4016 [No. 74-4016: Appellant post office employee sought review of a decision of the United States District Court for the Northern District of Texas, which denied his motion for summary judgment. Appellant claimed that he was denied procedural due process by appellants, United States, postal service and civil service commission, in handling his employment discrimination complaints; Decided: 20 September 1976]
13-50 Landrum, Anderson E. v. Air America, Inc., et al. No. 75-1534 [No. 75-1534: Petitioner employee challenged an order of respondent Department of Labor Benefits Review Board of Mississippi, which affirmed an administrative law judge's decision that petitioner's workers' compensation award, for total permanent disability, was to be computed in accordance with the Longshoremen's and Harbor Workers' Compensation Act; Decided: 24 June 1976]
13-51 Minnesota Mining and Manufacturing Company v. 3M Electric Corporation, et al. No. 75-1250 [No. 73-1073: Plaintiff initiated suit for trademark infringement and unfair competition pursuant to the Trademark Act of 1946; Decided: 11 March 1976]
13-52 Mississippi Gay Alliance et al. v. Bill Goudelock, et al. No. 74-4035 [No. 74-4035: Plaintiffs, a gay alliance and an associated individual, challenged a judgment of the United States District Court for the Northern District of Mississippi, which held that defendants, the editor of a student newspaper and others, could not be required to print certain advertisements; Decided: 12 August 1976]
13-53 National Labor Relations Board v. F. Strauss and Son, Inc. No. 75-2763 [No. 75-2763: Petitioner filed an application under the National Labor Relations Act for the enforcement of its order, which required respondent to bargain collectively and to execute any agreement reached; Decided: 29 July 1976]
13-54 Trahan, Wesley v. W. J. Estelle, et al. No. 75-2805 [No. 75-2805: Respondent department of corrections sought review of the judgment of the United States District Court for the Eastern District of Texas, granting petitioner prisoner's request for a writ of habeas corpus following his conviction after pleading guilty to rape; Decided: 10 January 1977]
13-55 United States of America v. Eugene Anderson No. 75-2210
13-56 United States of America v. Carlos Arcentales No. 75-3140 [No. 75-3140: Appellant criminal challenged his conviction for importing and possession of cocaine, which was entered in the United States District Court for the Southern District of Florida; Decided: 7 June 1976]
13-57 United States of America v. John Henry Bright, Jr. No. 75-2992 [No. 75-2992: Appellant sought review of the judgment from the United States District Court for the Southern District of Texas, which convicted him of bail jumping. Appellant claimed that the statute did not apply to his failure to surrender to a marshal because the marshal was not a judicial officer of the court; Decided: 27 October 1976]
13-58 United States of America v. Sanjuana Ruiz Cox No. 75-3130 [No. 75-3130: Defendant sought review of an order of the United States District Court for the Southern District of Texas, which entered her conviction for importation of marijuana and possession of marijuana; Decided: 29 July 1976]
13-59 United States of America v. Manuel Ricardo Garcia, et al. No. 75-3543 [No. 75-3543: Defendants appealed from judgments of the United States District Court for the Southern District of Texas, that convicted them of possessing heroin with intent to distribute and of conspiring to possess heroin intending to distribute. Individual defendant was also convicted of carrying a firearm during the commission of these offenses; Decided: 21 April 1976]
13-60 United States of America v. Huey Dale Johnson Nos. 75-2374, 75-2375 [Nos. 75-2374, 75-2375: Appellant sought review of the judgments of the United States District Court for the Western District of Louisiana that convicted appellant of obstruction of correspondence, mail theft, and forgery of a United States Treasury check. In a separate trial, appellant was convicted of obstruction of justice; Decided: 7 June 1976]
13-61 United States of America v. William Harvey Park No. 75-2623 [No. 75-2623: Appellant challenged a judgment from the United States District Court for the Northern District of Georgia, which found him guilty of manufacture of phencyclidine (PCP), a Schedule III controlled substance, and acquitted him on a charge of receipt by a convicted felon of a rifle and a shotgun. Appellant contended multiple grounds for reversal; Decided: 14 May 1976]
13-62 United States of America v. Lawrence Prince, Screenco, Inc., Climatrol Corporation and Emery Findley, Jr. No. 75-3116 [No. 75-3116: Defendants, two companies and two individuals, sought review of the decision of the United States District Court for the Southern District of Florida's denying their motions to withdraw their nolo contendere pleas to charges under the Sherman Act, and requested sentence mitigation and a new trial; Decided: 9 June 1976]
13-63 United States of America v. Paul W. Wehrle No 75-3336
13-64 Webb, Everett C. v. Dresser Industries No. 74-4220 [No. 74-4220: Appellant vessel owner sought review of the judgment of the United States District Court for the Southern District of Texas, which ruled in favor of appellee seaman. Appellee claimed that he received injuries as a result of appellant's negligence and breach of its warranty of seaworthiness pursuant to the Jones Act and general maritime law; Decided: 4 August 1976]
Box 14: O-14 a. 8 March 1976 – 4 November 1976 b. 13 December 1976 – 10 November 1977 Jud. Case Files
14-1 Interstate Commerce Commission v. Southern Railway Company, et al. No. 74-3588 [No. 74-3588: Plaintiff Interstate Commerce Commission appealed a judgment of the United States District Court for the Middle District of Georgia, which dismissed its action to enjoin defendant railways from violating orders issued by plaintiff and held that plaintiff could not bring suit without the aid or consent of the attorney general; Decided: 3 December 1976]
14-2 Mueller Brass Company, et al. v. National Labor Relations Board, et al. No. 75-3761 [No. 75-3761: Petitioner company sought review of an order by respondent National Labor Relations Board that petitioner had unlawfully discharged two workers and had engaged in threatening and intimidating conduct; Decided: 3 January 1977]
14-3 Rainey, Kenneth T. v. Jackson State College, et al. No. 74-2621 [No. 74-2621: Appellant professor and appellee college challenged the judgment of the United States District Court for the Southern District of Mississippi, which awarded attorneys' fees in a civil rights action; Decided: 20 March 1979]
14-4 Salter, Estate of Medora L., et al. v. Commissioner of Internal Revenue No. 75-2137 [No. 75-2137: Appellant widow sought review of a decision from the Tax Court of the United States, which upheld appellee's, Commissioner of Internal Revenue, determination that appellant was liable as transferee for a deficiency in her late husband's federal estate tax liability. Appellant argued that the estate was entitled to a marital deduction; Decided: 17 January 1977]
14-5 Smith, Tony M., et al. v. United States of America No. 75-1609 [No. 75-1609: Plaintiffs, a Mississippi highway patrolman and wife, sued for a refund of income taxes for 1972. The government included in income cash payments received by the husband to reimburse him for the cost of meals eaten while on duty. Plaintiffs claimed the payments were excludible under the Internal Revenue Code of 1954. The district court granted a refund; Decided: 13 December 1976]
14-6 United States of America, for the Use & Benefit of Carter Equipment Company, Inc. v. H. R. Morgan, Inc., et al. No. 75-2362 [No. 75-2362: Appellee petitioned the court for a rehearing of its decision disallowing the recovery of attorney's fees in appellee's suit against appellant under the Miller Act; Decided: 16 June 1977]
14-7 United States of America v. Sellus Gent Atwell and James O. Park No. 76-1497
14-8 United States of America v. Orlander Raymond Brown No. 75-2810 [No. 75-2810: Defendant sought review of a judgment of the United States District Court for the Northern District of Alabama, which convicted him of making and causing to be made false entries in certain books, records, and statements of a bank; Decided: 31 January 1977]
14-9 United States of America v. Terry Leverne Cochran No. 75-3825 [No. 75-3825: Defendant appealed the decision of the United States District Court for the Southern District of Mississippi, which convicted defendant of six counts of making false statements with the intent to deceive licensed firearms dealers in the acquisition of firearms. Defendant gave false information regarding a prior conviction; Decided: 26 January 1977]
14-10 United States of America v. Smith John and Harry Smith John No. 76-1518 [No. 76-1518: Defendant, a Choctaw Indian, appealed the decision of the United States District Court for the Southern District of Mississippi, which convicted him of a lesser included offense of simple assault against a non-Indian within an Indian country, and assessed a punishment of 90 days' imprisonment and $300 fine. The court reversed and the United States Supreme Court granted the government's petition for certiorari and the matter was remanded; Decided: 10 January 1979]
14-11 United States of America v. Harry Anthony Peck No. 76-1106 [No. 76-1106: Defendant pilot, who landed his private plane at night onto an air force base, challenged a judgment from the United States District Court for the Western District of Louisiana, which convicted him of criminal trespass pursuant to La. Rev. Stat. Ann. § 63.6 based on the finding of a federal magistrate that the air force base was posted public land. Defendant argued that the criminal trespass statute was inapplicable to an air traveler; Decided: 20 January 1977]
14-12 Watkins, Barbara, et al. v. S. L. Green, et al. No. 75-4423 [No. 75-4423: Appellants sought review of a judgment of the United States District Court for the Southern District of Mississippi that dismissed their application for habeas corpus after appellants had been convicted of felonious shoplifting in an state court. The state court had dismissed appellants' challenge to the racial composition of the grand and petit juries as untimely. The challenge was made the day of the trial for one appellant; Decided: 2 March 1977]
14-13 Arlington Oil Mills, Inc., et al. v. Earl Butz, et al No. 76-3420 [No. 76-3420: Defendant United States secretary of agriculture and defendant intervenors appealed from the United States District Court for the Middle District of Georgia's preliminary injunction order in favor of plaintiffs, southern peanut growers and sellers, which prohibited the secretary from implementing an amended peanut price support differential program mandated implementation of another; Decided: 22 November 1976]
14-14 In the Matter of: First Colonial Corporation of America, Bankrupt. American Benefit Life Insurance Company, et al. v. Franz J. Braddock, Trustee No. 75-2644 [Nos. 75-2260, 75-2644: Appellant attorney, who represented the bankruptcy trustee, and appellant insurance company challenged a judgment of the United States District Court for Middle District of Louisiana that dismissed the appeals for lack of standing and, in the alternative, affirmed the orders of the bankruptcy judge awarding fees to the attorneys for the trustee; Decided: 10 January 1977]
14-15 Bodeker, Steve W. v. Frank Dyson, et al. No. 75-3205 [No. 75-3205: Plaintiff individual appealed a judgment of the United States District Court for the Northern District of Texas, which dismissed plaintiff's lawsuit that sought money damages from defendants, police chief, detectives, and officers, for alleged violations of his United States Constitution amendments IV, V, and XIV rights in destroying various personal items during an allegedly illegal search of his home; Decided: 3 January 1977]
14-16 Continental Equities, Inc. v. Commissioner of Internal Revenue No. 75-1562 [No. 75-1562: Respondent Commissioner of Internal Revenue challenged a ruling from the United States Tax Court, invalidating the assessment of an income tax deficiency against petitioner taxpayer. Petitioner cross-appealed, urging that the lower court erred in upholding respondent's decision to allocate to petitioner interest income resulting from loans it made to four related corporation; Decided: 25 April 1977]
14-17 Dixon, Albert v. C. Murray Henderson No. 76-1301
14-18 Edwin, Jeremiah v. Borden, Inc., et al. No. 75-1938
14-19 Gay, Roosevelt, et al. v. Ocean Transport & Trading Company; Argonaut Insurance Company No. 75-2729 [No. 75-2729, 75-2441: Appellant longshoremen sought review of decisions of the United States District Court for the Southern District of Florida and the Southern District of Texas which granted summary judgment and judgment for appellee vessels in two actions concerning liability for personal injuries under the Longshoremen's and Harbor Workers' Compensation Act; Decided: 11 February 1977]
14-20 Howard, Weil, Labouisse, Friedrichs, Inc.v. Insurance Company of North America No. 75-2003 [No. 75-2003: Appellant longshoremen sought review of decisions of the United States District Court for the Southern District of Florida and the Southern District of Texas which granted summary judgment and judgment for appellee vessels in two actions concerning liability for personal injuries under the Longshoremen's and Harbor Workers' Compensation Act; Decided: 15 August 1977]
14-21 Landry, Paul Daniel v. Off-Shore Logistics, Inc., et al.; Odom Offshort Survey, Inc. v. Bollinger and Boyd, Inc. No. 75-1450 [No. 75-1450: Plaintiff injured party and defendants sought review of the judgment of the United States District Court for the Eastern District of Louisiana, which granted plaintiff a judgment of $238,998 in a second trial; Decided: 3 January 1977]
14-22 In Re: Nissan Motor Corporation Antitrust Litigation No. 76-1375 [No. 76-1375: Plaintiffs, class representatives of purchasers of foreign automobiles, appealed interlocutory orders of the United States District Court for the Southern District of Florida directing plaintiffs to mail notices to class members in an action which alleged that defendants, manufacturer and dealers of foreign automobiles, violated the Sherman Act; Decided: 25 May 1977]
14-23 Smith, John H. v. M/V Capt. Fred, et al. No. 75-1910 [No. 75-1910: Appellant repairman sought review of a decision from the United States District Court for the Eastern District of Louisiana, which dismissed his action under the Longshoremen's and Harbor Workers' Compensation Act. Appellant contended that, under the Yaka rule, he could bring a lawsuit against the vessel on which he was injured for its negligence even though appellee shipowner was also appellant's employer; Decided: 28 January 1977]
14-24 Sneed, Donald v. Sneed's Shipbuilding, Inc. No. 75-2319 [No. 75-2319: Defendant employer sought review of a judgment from the United States District Court for the Eastern District of Texas, which held in favor of plaintiff employee. Plaintiff brought an action pursuant to the Fair Labor Standards Act to recover overtime compensation, liquidated damages, and attorney fees after being terminated; Decided: 17 January 1977]
14-25 Springdale Convalescent Center v. F. David Mathews, et al. No. 75-4199 [No. 75-4199: Defendant, Secretary of Health, Education, and Welfare, appealed a judgment from the United States District Court for the Northern District of Georgia, which granted a permanent injunction that prohibited defendant from suspending plaintiff nursing home's Medicaid provider status. It was also ruled that defendant's depreciation regulation was unconstitutional; Decided: 20 January 1977]
14-26 Trahan, Linese Paul v. Paul Voisin, Maryland Casualty Company, et al; Petrolane Gas Company, Inc., et al. No. 75-2276
14-27 United States of America v. Larry Lee Brannon Nos. 75-4124 and 75-4275 [No. 75-4124, 75-4275: Appellant sought review of his conviction in the United States District Court for the Middle District of Georgia of conspiracy to possess and distribute cocaine and his citation for criminal contempt; Decided; 11 February 1977]
14-28 United States of America v. Edna Rudine Edwards, et al. No. 75-4365
14-29 United States of America v. Joseph Michael Gardner No. 76-2291 [No. 76-2291: Defendant appealed a decision of the United States District Court for the Southern District of Florida, which convicted him of possession of cocaine and marijuana with intent to distribute. Defendant contended that the warrantless search conducted by Drug Enforcement Administration agents violated his U.S. Constitution amendment IV rights; Decided: 10 June 1977]
14-30 United States of America v. George B. Riley Nos. 76-1039 and 76-1382 [No. 76-1039, 76-1382: Appellant sought review of the decision of the United States District Court for the Middle District of Florida, that convicted him of unlawfully receiving a fee and commission for a loan from a bank on the grounds that it was error to refuse to grant his motion for a new trial on the basis of newly discovered evidence, and to refuse to permit him to conduct post-verdict interviews of the jurors; Decided: 20 December 1976]
14-31 United States of America v. David Lee Russell No. 76-1208
14-32 Universal Brands, Inc. v. Philip Morris, Inc., et al; Lowenbrau-Munchen Aktiengesellschaft No. 75-3855 [No. 75-3855: Appellant prior distributor sought review of the decision of the United States District Court for the Southern District of Florida, which grant appellee manufacturer and appellee distributor summary judgment in appellant's action under the Clayton Act to enjoin the consummation of an agreement granting appellee distributor exclusive distributorship; Decided: 26 January 1977]
14-33 Zambuto, Gloria v. American Telephone and Telegraph Company, et al. No. 75-1930 [No. 75-1930: Appellant former employee challenged a judgment from the United States District Court for the Southern District of Florida, which dismissed her action alleging employment discrimination by appellee employer as time-barred. Appellant argued that the trial court erred because the letter from the Equal Employment Opportunity Commission failed to furnish the form of notice; Decided: 10 January 1977]
14-34 Akridge, George v. Joe S. Hopper, Warden, Georgia State Prison No. 76-2433 [No. 76-2433: Defendant sought of a judgment from the United States District Court for the Southern District of Georgia, which denied his petition for habeas corpus to avoid the consequences of a state court plea of guilty to a charge of incest; Decided: 13 January 1977]
14-35 Flood, Ellen McDaniel v. State of Louisiana, et al. No. 76-2453 [No. 76-2453: Appellant requested review of her murder conviction on the basis that it violated her Fourth Amendment rights; Decided: 13 January 1977]
14-36 Fredrickson Motor Express Corporation, et al. v. Interstate Commerce Commission and United States of America No. 76-2007 [No. 76-2007: Appellant carrier challenged an order of respondent Interstate Commerce Commission, which used the total weight of all freight in order to assess the interstate commerce charges for freight that commingled both interstate and intrastate commerce; Decided: 28 January 1977]
14-37 Hatley, Melvin E. v. The American Quarter Horse Association, et al. No. 76-2199 [No. 76-2199: Both parties appealed from the judgment of the United States District Court for the Northern District of Texas, which held that defendants had not violated the Sherman Act but had violated Texas due processs; Decided: 19 May 1977]
14-38 Litherland, Russell v. Petrolane Offshore Construction Services, Inc., et al. No. 75-2722 [No. 75-2722: Appellant challenged the judgment of the United States District Court for the Eastern District of Louisiana, which, by jury trial, found negligence and unseaworthiness, but failed to find causation under either theory in this action for Jones Act negligence; Decided: 28 1977]
14-39 National Labor Relations Board v. Florida Steel Corporation No. 75-4236 [No. 75-4326: Petitioner National Labor Relations Board sought enforcement of its order against respondent employer, who was found portions of the order by interrogating and discharging one employee and discharging another employee because of union activities, on ground that one employee was a supervisor and not entitled to relief and other employee's discharge was permissible as he attempted to obtain confidential company records; Decided: 3 January 1977]
14-40 St. John, Jerry v. State of Texas [W. J. Estelle, Jr.] No. 76-1178 [No. 76-1178: The government appealed from the United States District Court for the Northern District of Texas, which granted petitioner inmate a writ of habeas corpus based upon claims that hearsay testimony was improperly admitted at trial; Decided: 3 January 1977]
14-41 United States of America v. Leonardo Cerda Barrera, a/k/a Porky and Faustino Copado Leyva No. 76-1451 [No. 76-1451: Appellant criminals challenged their convictions for conspiracy and possession with intent to distribute heroin; Decided: 3 March 1977]
14-42 United States of America v. Carlton Error Godwin No. 76-1656 [No. 76-1656: The United States challenged the decision of the United States District Court for the Middle District of Florida, which dismissed an indictment against defendant on the grounds of improper venue; Decided: 28 January 1977]
14-43 United States of America vs. Maurice Lamar [and Rufus Aaron] No. 76-2768 [Nos. 76-2768, 76-4224: Defendants sought review of their convictions from the United States District Court for the Middle District of Alabama. One defendant was convicted of two counts of conspiracy to possess and possessing heroin with intent to distribute. The other defendant was convicted for conspiracy and possession; Decided: 14 January 1977]
14-44 United States of America v. Roberto Macias and Raul Macias No. 76-2092 [No. 76-2092: Defendants sought review of their convictions for possession of marijuana with intent to distribute from the United States District Court for the Western District of Texas, claiming that the marijuana was found pursuant to an illegal search and seizure; Decided: 26 January 1977]
14-45 United States of America v. George Michael McClure No. 76-2445 [No. 76-2445: Defendant challenged the judgment of the United States District Court for the Middle District of Florida, which convicted defendant of selling heroine. Defendant alleged that the trial court erred when it excluded certain testimony proffered by defendant and that the use of a contingent fee informant violated due process; Decided: 7 February 1977]
14-46 United States of America v. Robert Joseph Muller, Sr. No. 75-4045 [No. 75-4045: Appellant sought review of his convictions for conspiracy and possession with intent to distribute 546 pounds of marijuana by the United States District Court for the Southern District of Texas; Decided: 22 April 1977]
14-47 United States of America v. William Netterville, et al. No. 76-1670 [No. 76-1670: Appellants sought review of the judgment of the United States District Court for the Northern District of Texas, which convicted them of mail fraud and conspiracy; Decided: 9 June 1977]
14-48 United States of America v. George B. Riley No. 76-1756 [No. 76-1756: Appellant, former national bank examiner, president and major stockholder, sought review of a judgment from the United States District Court for the Middle District of Florida that convicted him of embezzlement alleging that relevant evidence of his intent to defraud was erroneously precluded by the trial judge; Decided: 7 April 1977]
14-49 United States of America v. William Judson Shima No. 76-1778 [No. 76-1778: Defendant sought review of a judgment from the United States District Court for the Northern District of Texas, which convicted him of knowing and intentional possession with the intent to distribute a plant material containing lysergic acid amide, a schedule III controlled substance; Decided: 24 January 1977]
14-50 United States of America v. Joseph Taglione, Jr. No. 76-2257 [No. 76-2257: Appellant challenged the judgment of the United States District Court for the Southern District of Florida that convicted him of unlawfully and willfully committing extortion, which extortion did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce; Decided: 31 January 1977]
14-51 United States of America v. Edward Palmer Vaughn, et al. No. 76-1437 [No. 76-1437: Appellants sought review of the decision of the United States District Court for the Southern District of Florida, which convicted them of conspiracy to import marijuana; Decided: 26 January 1977]
14-52 Williams, Hayes, et al. v. Edwin Edwards, Governor of the State of Louisiana, et al. No. 75-2792 and No. 75-3883 [No. 75-2792, 75-3883: Appellant State of Louisiana challenged the judgment of the United States District Court for the Middle District of Louisiana, which held that it violated appellees prisoners' right against cruel and unusual punishment under the United States Constitution amendment VIII, by failing to maintain safe prisons, failing to have adequate guards, and failing to provide adequate medical care to inmates; Decided: 15 February 1977]
14-53 Wilson, Robert J., et al. v. City of Denison, Texas, et al. No. 76-1928
Box 15: O-15 13 December 1976 – 10 November 1977
15-1 Atlantic Ship Supply, Inc. v. M.S. "Lucy", et al. No. 75-2967 [No. 75-2967: Plaintiff ship supply company brought a cause of action against defendant ship and sought to foreclose its maritime lien against the ship for supplies and necessaries furnished to the ship. Intervening plaintiffs, a corporation and an oil company, also sought to foreclose their maritime liens; Decided: 13 June 1977]
15-2 Bornstein, Barbara, et al. v. Citizens National Bank of Orlando, et al. No. 75-2965 [No. 75-2965: Defendant bank appealed the judgment of the United States District Court for the Middle District of Florida, which was entered against it in an action brought by plaintiff assignee upon defendant's refusal to pay funds represented by a certificate of deposit to plaintiff; Decided: 15 December 1977]
15-3 Collins Oil Company v. Tenneco, Inc., et al: Tenneco Oil Company No. 76-2647 [No. 76-2647: Plaintiff appealed the lower courts granting of a directed verdict at the close of its case on the ground that there was no substantial evidence of any price discrimination between competitors in comparable transactions and no proof of any actual damages; Decided: 3 August 1977]
15-4 Harrison, Herbert B., et al. v. Holiday Inns, Inc., et al. No. 75-2921 [No. 75-2921: Plaintiff appealed the doctrine of assumption of risk in the State of Florida; Decided: 17 July 1977]
15-5 Hart, John L. v. L. A. Baarcke, et al. No. 75-2340 [No. 75-2340: Plaintiff appealed the district court's decision regarding the action for the infringement of a patent for women's swimsuits; Decided: 11 April 1977]
15-6 Lucom, Virginia W. v. David L. Reid, et al. No. 75-3484 [No. 76-2205: Appellant property appraiser sought review of an order of the trial court in Florida denying appellant's motion to dismiss appellee property owner's complaint seeking to have a property assessment declared void; Decided: 2 August 1977]
15-7 Mandina, Philip J. v. Linda Traynor, et al. No. 75-2209
15-8 United States of America v. Joseph E. Abel, Sr., et al. No. 76-2819 [No. 76-2819: Defendants appealed from the judgment of their convictions from the United States District Court for the Southern District of Florida upon their indictment for conspiracy to import marijuana. They had moved to suppress the contraband found on an aircraft as the tracking by a beeper, placed on the aircraft by the government, and the search that revealed the marijuana constituted an unlawful search and seizure. Their suppression motion was denied; Decided: 11 March 1977]
15-9 United States of America v. Edward L. Flom, et al. No. 76-1892 [No. 76-1892: Appellants sought review of a judgment of the United States District Court for the Middle District of Florida convicting appellants of violating the Sherman Act by conspiring to allocate contracts for sales of re-enforcing steel bars to construction contractors; Decided: 8 September 1977]
15-10 United States of America v. John Clayton Massey No. 76-2595 [No. 76-2595: Defendant appealed his conviction before the United States District Court for the Middle District of Florida for violation of a statute barring false statements to federal agencies; Decided: 8 April 1977]
15-11 United States of America v. Irby McLaurin, et al. Nos. 75-3364 and 75-3387 [Nos. 75-3364, 75-3387: After jury found all 15 defendants engaged in various levels of lucrative commercial prostitution enterprise, United States District Court for Middle District of Florida, Tampa Division, convicted and sentenced defendants on various federal racketeering offenses stemming from consolidated indictments that charged violations of Organized Crime Control Act of 1970. Fourteen defendants appealed; Decided: 15 August 1977]
15-12 United States of America v. Paul Rice, et al. No. 76-2477 [No. 76-2477: Appellants sought review of their convictions from the United States District Court for the Middle District of Florida for drug related charges; Decided: 20 April 1977]
15-13 United States of America v. Wiley Rufus Ward, et al. No. 76-2418 [No. 76-2418: Defendants appealed a judgment of the United States District Court for the Northern District of Florida, which convicted them of receiving freight and vehicles stolen from interstate commerce and with conspiring to commit those offenses; Decided: 3 May 1977]
15-14 The Beal Foundation v. United States of America No. 76-1277 [No. 76-1277: Petitioner taxpayer sought review of a judgment of the United States District Court for the Western District of Texas that held that the regulation, which interpreted I.R.C. § 4940, was valid and denied a refund of the excise taxes paid by petitioner; Decided: 19 September 1977]
15-15 Bowdach, Gary v. Raymond Havens, et al. No. 75-4261
15-16 Bush, Carrie, et al. v. Marion B. Harding, et al. No. 76-3043
15-17 Carolina Casualty Insurance Company, et al. v. Underwriters Insurance Company, et al. No. 76-3434 [No. 75-3434: Appellant insurer and appellee insurer sought review of a judgment of the United States District Court for the Northern District of Georgia, which held them both liable as primary insurers under liability policies for damages resulting from an accident involving a tractor-trailer rig; Decided: 10 March 1978]
15-18 Crompton-Richmond Company, Inc. v. James S. Briggs No. 75-2658 [No. 75-2658: Appellant guarantor sought review of a judgment entered against him by the United States District Court for the Northern District of Georgia, in appellee creditor's diversity action to collect sums due from factoring agreements that appellant personally guaranteed; Decided: 11 October 1977]
15-19 Fury Imports, Inc. v. Shakespeare Company: Southern Tackle Distributors No. 75-2421 [No. 75-2421: Plaintiff corporation appealed from a decision of the United States District Court for the Southern District of Florida, which entered a judgment notwithstanding the verdict in favor of defendant company in a diversity suit for tortious inducement to breach a contract; Decided; 24 June 1977]
15-20 Hamilton, Lee, et al. v. Griffith B. Bell, et al. No. 76-2311 [No. 76-2311: Plaintiffs claim that portions of the Bureau of Prisons regulation pertaining to visitation rights are unconstitutionally vague and overbroad; Decided: 9 May 1977]
15-21 King, Patrick P. v. Warden, United States Penitentiary, et al. No. 76-1704 [No. 76-1704: Respondent U.S. Board of Parole sought review of an order of the United States District Court for the Northern District of Georgia, which required it to provide petitioner inmate and all federal prisoners at their initial parole release hearing with examiners who had not heard any of the evidence involved in an original jurisdiction classification. Petitioner brought the action alleging due process violations in his case being so classified; Decided: 9 May 1977]
15-22 Leonard, Robert, et al. v. The City of Columbus, et al. No. 75-2344 [No. 75-2344: Appellant police officers, who sought declaratory relief and reinstatement, contested the order of the United States District Court for the Middle District of Georgia, which dismissed their complaint on jurisdictional and abstention grounds. The court held that appellants should have brought their racial discrimination action in state court; Decided: 9 May 1977]
15-23 McMonigle, Carol, et al. v. Delta Air Lines, Inc. No. 75-3498 [No. 75-3498: Appellant stewardess sought review of a judgment from the United States District Court for the Northern District of Georgia, which dismissed her sex discrimination suit against appellee airline as time barred; Decided: 3 August 1977]
15-24 O'Connell, Daniel v. Economic Research Analysis, Inc., et al. No. 75-2630 [No. 73-2606: Defendants, research company, its president, and broker, sought review of the decision from the United States District Court for the Southern District of Florida, which ruled that defendants were controlling persons within the meaning of the Securities Exchange Act of 1934 and were liable to plaintiff investor for the fraudulent practices of their employee; Decided: 26 August 1974]
15-25 Owl & Turtle, Inc., et al. v. The Travelers Indemnity Company, et al. No. 75-3460 [No. 75-3460: Appellant corporation, the owner of a nightclub destroyed by arson, challenged the judgment of the United States District Court for the Northern District of Florida, which held that appellant was not entitled to coverage under an insurance policy it had with appellee insurance company; Decided: 17 June 1977]
15-26 Smith, Bennie, et al. v. Liberty Mutual Insurance Company No. 75-3230 [No. 75-3230: Appellant job applicant sought review of a decision from the United States District Court for the Northern District of Georgia, which granted summary judgment in favor of appellee prospective employer on appellant's sex discrimination claim, and sustained a motion to dismiss, after hearing one adverse witness, on appellant's race discrimination issue; Decided: 13 March 1978]
15-27 Szczepanski, Edward W., Jr., Trustee v. General Motors Acceptance Corp. No. 75-4235 [No. 75-4325: Appellant bankruptcy trustees challenged the decision from the United States District Court for the Middle District of Georgia, Columbus Division, which held that appellee creditors had properly perfected security interests in certain vehicles, and that appellees' claims were superior to the claim of appellants; Decided: 19 August 1977]
15-28 United States of America v. Darrell Kenneth Bass, et al. No. 76-3087 [No. 76-3087: Defendants appealed an order of the United States District Court for the Southern District of Florida, which denied their motion to suppress as evidence marijuana seized without a warrant; Decided: 4 May 1977]
15-29 United States of America v. George W. Brumley, Sr., et al. No. 76-1895 [No. 76-1895: Defendants sought review of a judgment from the United States District Court for the Southern District of Georgia, which convicted defendants of willfully suborning, instigating, inducing, and procuring a witness to falsely testify to a material matter in which the grand jury was concerned; Decided: 14 October 1977]
15-30 United States of America v. Eugene C. Foshee and Wheeler G. Foshee, Jr. No. 76-3435 [No. 76-3435: The government brought a petition for rehearing, requesting that the court review its previous decision on defendants' appeal from their convictions for mail fraud through check kiting; Decided: 21 August 1978]
15-31 United States of America v. Joseph Charles Gramlich, et al. No. 76-2450 [No. 76-2450: Defendants challenged the order of the United States District Court for the Southern District of Alabama, which denied their motion to suppress evidence and convicted them of possession of marijuana with intent to distribute, conspiracy to possess marijuana, unlawful importation of marijuana, and conspiracy to import marijuana; Decided: 13 May 1977]
15-32 United States of America v. Frank Pitts No. 76-2377 [No. 76-2377: Defendant sought review of a decision from the United States District Court for the Northern District of Georgia, which convicted defendant of interstate transportation of a stolen vehicle; Decided: 13 March 1978]
15-33 United States of America v. Kenneth Plyman No. 76-3572 [No. 76-3572: Defendant appealed an order from the United States District Court for the Southern District of Georgia, which convicted him of violations of the Gun Control Act; Decided: 4 May 1977]
15-34 United States of America v. Gerald Leon Pruett No. 76-2825 [No. 76-2825: Defendant appealed a judgment of the United States District Court for the Northern District of Georgia, which convicted him of conspiracy to import cocaine, possession with intent to distribute cocaine and possession with intent to distribute marijuana; Decided: 13 May 1977]
15-35 Urban Directions, Inc. v. American Urban Corporation No. 75-3613
15-36 Wansor, Brian Atwood v. George Hantscho Company, Inc. v. W. R. Bean & Son, Inc. No. 75-3093 [No. 75-3093: Plaintiff employee, injured while using defendant company's printing press, sought review of the judgment of the United States District Court for the Northern District of Georgia, which granted directed verdict to defendant in plaintiff's action for negligence, and breach of warranty, Ga. Code Ann. § 105-106, holding that the danger was open and obvious; Decided: 16 May 1979]
15-37 William, Jackie G., et al. v. United States of America No. 75-3019 [No. 75-3019: Appellant taxpayers sought review of the judgment from the United States District Court for the Northern District of Georgia, which granted appellee government a directed verdict; Decided: 2 June 1977]
15-38 In the Matter of: Aircraft Maintenance Equipment Company, Bankrupt; Hoyt M. Session v. Philip I. Palmer, Jr., Trustee No. 75-4447
15-39 Bowman, Genevieve and June Troha v. Conrad Yelvington Distributors, Inc. No. 75-4043
15-40 Byram, John D. and Sally A. v. Commissioner of Internal Revenue No. 75-3960 [No. 75-3960: Appeal from a decision of the Tax Court of the United States sitting in Texas, which determined that appellants improperly allocated the entire cost basis of a tract of land to the portion of the tract which they sold; Decided: 13 July 1977]
15-41 Clark, Mary Evelyn v. Olin-Kraft, Inc. No. 76-1183 [No. 76-1183: Plaintiff employee sought review of an order of the United States District Court for the Western District of Louisiana dismissing her complaint against defendant employer under Title VII of the Civil Rights Act of 1964; Decided: 4 August 1977]
15-42 Coriolan, Raymond and Willy Bonannee v. Immigration and Naturalization Service No. 76-2990 [No. 76-2990: Petitioners appealed the order of respondent Immigration and Naturalization Service, which denied their applications for political asylum under the Immigration and Nationality Act of 1952; Decided: 22 September 1977]
15-43 Dahlgren, Harold P., et al. v. United States of America No. 75-3263 [No. 75-3263: Appellant government challenged the judgment of the United States District Court for the Northern District of Texas, which entered judgment for appellee taxpayers in their suit for refund of federal income taxes; Decided: 3 June 1977]
15-44 Dickerson, Rebecca, et al. v. Illinois Central Gulf Railroad Company v. Casualty Reciprocal Exchange No. 76-1060 [No. 76-1060: Appellants, widow, children, and casualty exchange, sought review of the order of the United States District Court for the Eastern District of Louisiana granting judgment for appellee railroad. Appellant widow and appellant children had filed suit against appellee after the decedent, their husband and father, was killed when a train struck his vehicle in a railroad crossing; Decided: 2 June 1977]
15-45 In the Matter of the Petition of Josette Geisser, et al.: Bauer, Josette Claire v. United States of America No. 76-3324 [No. 79-3869: Respondents, United States and Switzerland, appealed the judgment from the United States District Court for the Southern District of Florida, which vacated an extradition order and which ordered that petitioner Swiss citizen be released from detention and be authorized to continue to reside permanently in the United States; Decided: 10 October 1980]
15-46 General Warehousemen and Helpers Local 767, et al. v. Standard Brands, Inc. Nos. 75-3797 and 76-1579 [No. 75-3797, 76-1579: Appellee corporation sought review of the order of the United States District Court for the Northern District of Texas, which ordered enforcement of an arbitration award against appellant Teamsters. The arbitration award required appellee to violate the terms of its collective bargaining agreements with another union; Decided: 15 September 1978]
15-47 Goble, M. T., d/b/a Goble Aviation v. United States Veterans Administration, et al. No. 75-4249
15-48 Miller, Richard Franklin, et al. v. Dale Carson, et al. Nos. 75-2739 and 75-4464 [No. 75-2739: Appellants, sheriff and other local and state officials, sought review of an order of the United States District Court for the Middle District of Florida, which granted a permanent injunction and awarded attorney's fees in appellee detainees' class action lawsuit alleging that conditions at the county jail violated 42 U.S.C.S. §§ 1983, 1985, and 1986, and United States Constitution amendments I, IV, V, VI, VIII, IX, and XIV; Decided: 23 November 1977]
15-49 Minafee, Otis v. W. J. Estelle, Jr., et al. No. 76-2975
15-50 In the Matter of: Sandlin, Ferris, Bankrupt; Ben Kirbo, Trustee v. B. L. Taylor, et al. No. 75-3844
15-51 Sierra Club v. Russell Train, et al.; v. State of Alabama, et al. No. 75-4028 [No. 75-4028: Appellant environmental group challenged a decision of the United States District Court for the Northern District of Alabama, which dismissed appellee Environmental Protection Agency administrator from appellant's citizen's suit. Appellant sought a writ of mandamus to enforce the Federal Water Pollution Control Act Amendments of 1972, and claimed jurisdiction existed because appellee's duties were mandatory; Decided: 12 August 1977]
15-52 United States of America v. Valentin Escamilla and Cosme Sanes Escamilla No. 76-3658 [No. 76-3658: Appellant criminal defendants sought review of the decision of the United States District Court for the Southern District of Texas convicting them of conspiracy to possess and possession with intent to distribute marijuana; Decided: 14 October 1977]
15-53 United States of America v. Al Lee Johnson No. 75-2424 [No. 75-2424: Defendant sought review of a decision by the United States District Court for the Southern District of Texas, which convicted him on drug charges, and defendant's attorney sought to withdraw from the case; Decided: 18 February 1976]
15-54 Wolf, J. William, et al. v. Robert R. Frank, et al.; Mallory H. Horton, et al.; Continental Casualty Company No. 75-2226 [No. 75-2226: Appellants, receivers and insurer, challenged a judgment of the United States District Court for the Southern District of Florida, which allowed the attorneys of appellee stockholders to recover $259,611 for professional services rendered to the prevailing parties in the derivative action; Decided: 13 July 1977]
15-55 City of Palestine, Texas, et al. v. United States of America, Interstate Commerce Commission, et al. No. 76-2689 [No. 76-2689, 76-3507: Petitioner city challenged an order of the respondent, the Interstate Commerce Commission that granted authority to a railway company and its principal subsidiaries to merge under the Interstate Commerce Act; Decided: 19 September 1977]
15-56 Davis, Thomas Cullen v. Lon Evans, Sheriff, et al. No. 76-4495
15-57 Equal Employment Opportunity Commission v. D. H. Holmes, Company, Ltd. No. 76-4184 [No. 75-4184: Appellant Equal Employment Opportunity Commission sought interlocutory review of the order of the United States District Court for the Eastern District of Louisiana, which found that the suit brought by appellant against appellee retailer was a class action suit and that appellant had to, therefore, comply with Federal Rules of Civil Procedure; Decided: 29 July 1977]
15-58 Loud, Clennon v. W. J. Estelle, Jr., Director, et al. No. 76-3042 [No. 76-3042: Petitioner prisoner sought review of the judgment of the United States District Court for the Western District of Texas, denying his request for a writ of habeas corpus following his conviction for felony theft; Decided: 5 August 1977]
15-59 McCray, Robert G. v. L. B. Sullivan, et al. No. 75-4386 [No. 75-4386: Appellant inmate sought review of the judgment of the United States District Court for the Southern District of Alabama, which dismissed an action appellant had filed against appellees--the Governor of Alabama, the Alabama Board of Corrections, the Alabama Pardons and Parole Board, and various Alabama prison officials; Decided: 16 September 1977]
15-60 Miller, Norman P., et al. v. Republic National Life Insurance Company, et al. v. Sy C. Sussman, et al. No. 76-3740 [No. 76-3740: Appellants sought review of an order of the United States District Court for the Northern District of Texas that approved the settlement of class actions involving violations of the Securities Exchange Act of 1934 and the Securities Act of 1933; Decided: 19 September 1977]
Box 16: O-16/ 13 December 1976/ 10 November 1977
16-1 Newman, N. H., et al. v. State of Alabama, et al. No. 76-2269 [No. 76-2269: Arguing that the district court exceeded its judicial power and abused its discretion, appellants sought review from a judgment of the United States District Court for the Middle District of Alabama, which fashioned remedies to ensure reasonably adequate food, clothing, shelter, sanitation, necessary medical attention, and personal safety for the prisoners of the State; Decided: 16 September 1977]
16-2 Nichols, Rush O. v. W. J. Estelle, Jr., Director, et al. No. 76-3108 [No: 75-3108: Petitioner seeks review of his conviction in 1973 in Texas state court of robbery by assault and was sentenced to life imprisonment under the Texas habitual offender statute; Decided: 5 August 1977]
16-3 Noble, Beecher v. Employers Insurance of Wausau No. 76-1089 [No. 76-1089: Plaintiff appealed from the decision of the United States District Court for the Western District of Louisiana, which removed and subsequently dismissed plaintiff's action for damages against defendant malpractice insurance carrier. Plaintiff was injured by a surgeon who was employed by the Department of Medicine and Surgery at a Veterans Administration hospital; Decided: 15 July 1977]
16-4 Pride Refining, Incorporated v. National Labor Relations Board No. 76-2930 [No. 76-2930: Petitioner employer challenged the order of respondent National Labor Relations Board, which found that petitioner violated the National Labor Relations Act, by making unilateral changes in wages, hours, and working conditions of its employees without bargaining with the union. Petitioner contended that respondent's decision was erroneous because petitioner had properly withdrawn its recognition of the union; Decided: 5 July 1977]
16-5 United States of America v. Joe Lee Ashley a/k/a John Doe, et al. No. 76-3312 [No. 76-3312: Appellants, convicted of conspiracy to distribute heroin and of other drug-related offenses, sought review of an order from the United States District Court for the Northern District of Florida. Appellants claimed that they were impermissibly limited in their cross examination of a witness and the trial court erred in refusing to give a requested instruction on multiple conspiracies; Decided: 5 July 1977]
16-6 United States of America v. Guillermo Rhodes Cruz No. 76-3527 [No. 76-3527: Defendant appealed from a judgment of the United States District Court for the Southern District of Texas, which convicted him of conspiracy to transport illegal aliens and three counts of transporting illegal aliens; Decided: 6 October 1978]
16-7 United States of America v. Siro T. Gutierrez No. 76-2907 [No. 76-2907: Appellant challenged his conviction for conspiracy and possession of heroin with intent to distribute in the United States District Court for the Southern District of Texas. Appellant contended that the evidence was insufficient to support the conviction; Decided: 28 September 1977]
16-8 United States of America v. Ernest C. Hamilton, et al. No. 75-3754 [Nos. 75-3754, 76-3037: Appellant attorneys sought review of an order from the United States District Court for the Eastern District of Louisiana, which denied their motions for new trial based on newly discovered evidence. The district court denied the motions after examining the supporting affidavits and without granting a hearing; Decided: 3 October 1977]
16-9 United States of America v. Daniel Salazar Hessbrook, a/k/a Dan Hessbrook Salazar No. 76-3485 [No. 76-3485: Appellant sought review of an order from the United States District Court for the Western District of Texas, which convicted appellant of one count of conspiracy to transport aliens illegally into the country and of five counts of the illegal transportation of aliens. Appellant contended that the trial judge's instructions to the jury without the knowledge of the parties was reversible error; Decided: 5 July 1977]
16-10 United States of America v. Andrew Clifton Payne No. 76-3743 [No. 76-3743: Defendant appealed an order from the United States District Court for the Southern District of Texas, which convicted him of marijuana possession and intent to sell, after denying defendant's motion to suppress evidence, and sentenced defendant to imprisonment for a term of five years, to be followed by a special parole term of three years; Decided: 7 July 1977]
16-11 United States of America v. Rene Salinas-Salinas No. 76-4109 [No. 76-4109: Defendant appealed the judgment from the United States District Court for the Southern District of Texas, which entered convictions against him for conspiracy to unlawfully possess with intent to distribute a quantity of marijuana, possession with intent to distribute marijuana, and conspiracy to import marijuana; Decided: 5 July 1977]
16-12 United States of America v. John Sircovich and Ken Van Deveer No. 76-3304 [No. 76-3304: Defendants sought review of a judgment of the United States District Court for the Southern District of Florida, which convicted them of one count each of conspiracy, importation, and possession with intent to distribute marijuana; Decided: 18 July 1977]
16-13 United States of America v. Harry William Theriault a/k/a Shiloh Bishop of Tellus No. 76-3023 [No. 76-3023: Defendant challenged the sentencing orders by the United States District Court for the Western District of Texas and asserted that because the trial court's sentencing order varied from its oral version of his sentence he was entitled to have the language construed in his favor; Decided: 5 July 1977]
16-14 United States of America v. Lynne Wallace Walker No. 76-3425 [No. 76-3425: Appellant filmmaker sought review of a decision by the United States District Court for the Western District of Texas, which convicted her of mailing obscene matter through the United States mail; Decided: 19 September 1977]
16-15 American Telephone and Telegraph Company, et al v. Delta Communications Corporation, et al. v. American Telephone and Telegraph Company, et al. No. 76-2095 [No. 76-2095: Appellant corporation petitioned for a rehearing of appellate court's decision, which affirmed district court's summary judgment in favor of appellee telephone company in appellant's cross-claim against appellee for antitrust violations and which dismissed, without prejudice, appellant's cross-claim against appellee for violation of Federal Communications Act; Decided: 21 February 1979]
16-16 Breeland, Lucille Jurisich, et al. v. Hide-A-Way Lake, Inc., et al. Nos. 76-1647 and 77-1244 [No. 76-1647, 77-1244: Appellant property owners sought review of the judgment of the United States District Court for the Southern District of Mississippi, which dismissed nonresident appellants' action against nonresident appellees, development corporations and officers, and found no actionable fraudulent misrepresentations; appellees sought review of the assessment of costs; Decided: 17 November 1978]
16-17 Busby, Theola S. v. S. B. Daws, et al. No. 76-1087 [No. 76-1087: Appellant mineral rights owner sought review of a decision by the United States District Court for the Southern District of Mississippi, which dismissed appellant's action to declare the transfer of her mineral rights to appellee mineral rights purchaser to be null and void; Decided: 10 April 1979]
16-18 Concerned Citizens of Vicksburg, et al. v. Murry Sills, et al. No. 75-4450 [No. 75-4450: Plaintiffs, unincorporated association and reverend, sought review of the order of the United States District Court for the Southern District of Mississippi, which dismissed plaintiffs' claim that challenged the validity of state anti-boycotting statutes on the ground that prosecutions under the challenged statutes against six plaintiffs required federal abstention; Decided: 13 February 1978]
16-19 Corley, Charlie, et al. v. Jackson Police Department, et al. No. 75-3932 [No. 75-3932: Appellants, former police officers, sought review of a decision from the United States District Court for the Southern District of Mississippi accepting the version of appellee police department and holding that appellants had been dismissed from the force solely because they had accepted a bribe from a known bootlegger and not because of appellees' discriminatory employment practices; Decided: 30 January 1978]
16-20 Griggs, John W. v. Hinds Junior College, et al. No. 76-1477 [No. 76-1477: Appellant employee challenged a decision by the United States District Court for the Southern District of Mississippi, which dismissed his civil rights action claiming employment discrimination on the basis of race against appellees, a college, a placement agency, the Superintendent of the Department of Education of Mississippi, and the Secretary of Health, Education, and Welfare; Decided: 17 November 1977]
16-21 Houston, Mildred F. v. Wayne Herring, et al; Jay Buchbinder Industries No. 75-3847 [No. 75-3847: Appellant injured woman challenged a jury verdict in the United States District Court for the Southern District of Mississippi, which entered judgment in favor of appellee manufacturer in appellant's diversity action to recover for damages sustained when she tripped over the tubular bar connecting a table and bench that was manufactured by appellee. Appellant alleged the jury instructions were erroneous and confusing; Decided: 4 November 1977]
16-22 Matranga, E. J. v. The Travelers Insurance Company No. 77-1120 [No. 77-1120: Defendant, a contract carrier through which the Secretary of Health, Education and Welfare administered the Medicare Act brought an interlocutory appeal from a judgment of the United States District Court for the Southern District of Mississippi, which denied its motion for summary judgment contending that the court lacked subject matter jurisdiction; Decided: 18 November 1977]
16-23 Morrow, Willie L. and Jerome Mangum, et al. v. W. O. Dillard, et al. No. 76-2882 [No. 76-2882: Appellants and appellees challenged the decision of the United States District Court for the Southern District of Mississippi that ordered, on remand, that appellees were required to offer employment to the first black applicant's who met the minimal qualifications and that appellants were not entitled to attorney's fees; Decided: 29 September 1978]
16-24 National Labor Relations Board v. Allis Chalmers Corporation. No. 76-4182 [No. 76-4182: Petitioner National Labor Relations Board filed an application for enforcement of its order which required respondent employer to cease and desist from violating of the National Labor Relations Act; Decided: 18 November 1977]
16-25 Norwood, Delores, et al. v. D. L. Harrison, Sr., et al. No. 76-1865 [No. 76-1865: The plaintiffs-appellees sought an award of attorney's fees for services rendered; Decided: 21 November 1977]
16-26 Southpark Square Limited, et al v. City of Jackson, Mississippi No. 76-1806 [No. 76-1806: Appellant city challenged the decision of the United States District Court for the Southern District of Mississippi, which entered judgment for appellee property owner on its claim that appellant's denial of a building permit amounted to a taking in violation of United States Constitution amendment V and XIV; Decided: 27 December 1977]
16-27 United States of America v. Frederick Newell Boswell, et al. No. 76-1843 [No. 76-1843: Defendants sought review of a judgment from the United States District Court for the Southern District of Mississippi, which entered convictions for mail fraud and conspiracy to commit both mail fraud and fraud by wire; Decided: 12 January 1978]
16-28 United States of America and Robert E. Grant, et al. v. A. Burton Hankins and Hugh C. Montgomery, Jr. Nos. 76-3467, No. 77-1967 [Nos. 76-3467, 77-1967: Consolidated appeals from order of United States District Court for Northern District of Mississippi, which enforced summons by appellee Internal Revenue Service, served on appellants, a business partner, his attorney and accountant, in appellee's action to recover partnership books to determine the possibility of tax fraud; Decided: 3 October 1978]
16-29 United States of America v. Joseph Daniel Hawkins No. 77-1047 [No. 77-1047: Defendant sought review of the judgment of the United States District Court for the Southern District of Mississippi, which denied his motion for new trial for jury tampering during his first trial, claiming that his constitutional and statutory rights were violated when the clerk of the court conspired with another criminal defendant to fix selection of the jury venire; Decided: 30 January 1978]
16-30 United States of America v. John Junius Sims; Lois E. Sly, et al. No. 75-4424 [No. 75-4424: Plaintiff Small Business Administration appealed the decision of the United States District Court for the Southern District of Mississippi, which entered judgment against defendant executrix for one-fourth of the deficiency after proceeding against collateral. Defendant executrix was awarded judgment for that one-fourth amount on her crossclaim against defendant makers; Decided: 21 December 1978]
16-31 Coughlin, Frank, et al v. Capitol Cement Company, et al. No. 76-4387 [No. 76-4387: Plaintiffs, two concrete companies and their presidents, appealed an order of the United States District Court for Western District of Texas that denied plaintiffs' motion for new trial in suit alleging that defendants, two cement companies, violated the Sherman Act by their concerted refusal to sell cement to plaintiffs; Decided: 10 April 1978]
16-32 Caruth, W. W., Jr., et al v. United States of America No. 76-1654 [No. 76-1654: Defendant United States appealed a decision of the United States District Court for the Northern District of Texas, which held that payments to plaintiff trustees were definite as opposed to indefinite in an action over a tax refund; Decided: 26 January 1978]
16-33 Dillon Materials Handling, Incorporated v. Albion Industries, et al. No. 76-3670 [No. 76-3670: Plaintiff caster distributor appealed judgment notwithstanding the verdict (j.n.o.v.) entered by United States District Court for Northern District of Texas on plaintiff's claim under section 3 of Clayton Act in suit alleging defendant caster manufacturer terminated plaintiff's distributorship for noncompliance with defendant's exclusive dealing policy; Decided: 16 February 1978]
16-34 Flores, Fidel, Jr. v. Lloyd A. Fry Roofing Company No. 75-4439
16-35 Furr's Cafeterias, Incorporated v. National Labor Relations Board, et al. No. 77-1462 [No. 77-1462: Defendant sought review of a decision of the United States District Court for the Northern District of Texas that denied defendant's motion to clarify an order that enjoined defendant from holding certain hearings in plaintiff's complaint under the Freedom of Information Act; Decided: 17 January 1978]
16-36 Hagans, Curtis v. Oliver Machinery Company v. Century Machinery Company; Texas Employers' Insurance Company No. 76-1045 [No. 76-1045: Appellant manufacturer sought review of an order of the United States District Court for the Western District of Texas, which denied appellant's motion for directed verdict and motion for judgment notwithstanding the verdict in appellee injured party's action asserting claims for strict products liability, failure to warn, and negligence; Decided: 10 July 1978]
16-37 Hutchings, John Allen v. W. J. Estelle, Jr., et al. No. 77-1630 [No. 77-1630: Appellant sought review of the judgment of the United States District Court for the Eastern District of Texas, which denied appellant's petition for habeas corpus relief after he was convicted of felony theft; Decided: 12 December 1977]
16-38 Kestenbaum, Dana I. v. Falstaff Brewing Corporation No. 76-4290 [No. 76-4290: Defendant brewing company appealed from the judgment for plaintiff beer distributor that was entered by the United States District Court for the Western District of Texas, in conformance with the jury verdict, in an action that alleged vertical restraints, including price-fixing, territorial restrictions, and restraint of trade, in violation of the Sherman Act; Decided: 23 June 1978]
16-39 Laje, Luis J. v. R. E. Thomason General Hospital No. 76-1496 [No. 76-1496: Appellant hospital challenged the decision of the United States District Court for the Western District of Texas that reversed appellant's decision denying staff privileges to appellee doctor and terminated appellee's contract as the clinical director of psychiatry; Decided: 19 December 1977]
16-40 L.C.L. Theatres, Inc., et al. v. Columbia Pictures Industries, Inc., et al. No. 76-3421 [No. 76-3421: Plaintiffs, corporation operating movie theaters and its president, appealed judgment of United States District Court for Northern District of Texas finding against plaintiffs on their antitrust claims and for defendant movie distributors on their counterclaims for breach of contract and fraud accomplished by under-reporting gross admission receipts; Decided: 17 January 1978]
16-41 Meadows, Johnny E. v. A. M. (Slim) Gabrel, et al. No. 75-2937 [No. 75-2937: Plaintiff prisoner appealed an order of the United States District Court for the Western District of Texas, which dismissed appellant's complaint against defendants, a sheriff, his ex-wife, and others, on the ground that his allegations were related to the validity of his conviction and fell within the core of habeas corpus; Decided: 1 December 1977]
16-42 Lister, James, et al. v. Commissioners Court, Navarro County and Robert Dunn, et al. No. 76-2829 [No. 76-2829: Appellants, commissioner's court and county judge, sought review of an order from the United States District Court for the Northern District of Texas, which rejected appellants' proposed reapportionment plan and appointed a special master to devise and submit an acceptable plan. Appellants asserted that the district court erred in ordering appellants to implement the plan; Decided: 17 January 1978]
16-43 Mid-Continent Supply Company v. Commissioner of Internal Revenue Service No. 76-4388 [No. 76-4388: Appellant taxpayer sought review of an order of the Tax Court of the United States, which determined a deficiency in appellant's federal income taxes; Decided: 28 April 1978]
16-44 Singleton, Marvin E. Jr., et al. v. Commissioner of Internal Revenue No. 75-4190 [No. 75-4190: Appellant, Commissioner of Internal Revenue, sought review of a decision from the Tax Court of the United States, which held that a payment of corporate dividends to appellee taxpayer amounted to an advance of the allocable amount of a subsidiary's tax liability and was not, as appellant contended, a true dividend; Decided: 16 March 1978]
16-45 United States of America v. Troy Becker, et al. No. 76-4484 [No. 76-4484: Appellant co-conspirators sought review of their convictions, entered in the United States District Court for the Northern District of Texas, for conspiracy to defraud as well as mail fraud, wire fraud, and interstate transportation of checks taken by fraud, in furtherance of the conspiracy; Decided: 20 March 1978]
16-46 United States of America v. Marvin Spencer Johnson No. 76-3940
16-47 United States of America v. Armando Adan Juarez No. 77-5091 [No. 77-5091: Defendant appealed his conviction from the United States District Court for the Western District of Texas for conspiracy to possess heroin with intent to distribute and for aiding and abetting the distribution of heroin. Defendant alleges the evidence was not sufficient to support the jury's verdict; Decided: 17 January 1978]
16-48 United States of America v. James Bailey Morris No. 77-5266 [No. 77-5266: Defendant appealed from a conviction from the United States District Court for the Western District of Texas, for unlawfully, knowingly, and intentionally possessing with intent to distribute 177 pounds of marijuana and claimed the evidence seized from his truck should have been suppressed because the border patrol officers did not have probable cause to make the warrantless search; Decided: 9 January 1978]
16-49 United States of America v. David Talamantes Tenorio No. 77-5160 [No. 77-5160: Defendant sought review of a judgment of the United States District Court for the Western District of Texas that convicted him of conspiracy to possess heroin with intent to distribute and aiding and abetting in the distribution of heroin to an undercover police officer; Decided: 9 January 1978]
16-50 White, Mrs. Pasty Ruth v. Dallas Independent School District No. 76-1990
Box 17: O-18/ 4 June 1973-26 April 1974
17-1 Winters Coal Company, Inc. v. Commissioner of Internal Revenue No. 73-1077 [No. 73-1077: Appeal from the United States Tax Court, which denied petitioner's request for a redetermination of deficiency in its taxes assessed by the Internal Revenue Commissioner and denied petitioner a deduction; Decided: 5 July 1974]
17-2 Adams, Christine, Individually and on the Behalf of Minor Son, Randell Adams v. Richard Harden No. 73-1932 [No. 73-1932: This was an action brought by plaintiff seeking to redress a claimed deprivation of federal rights under the Fourteenth Amendment and seeking a declaration of rights; Decided: 26 April 1974]
17-3 In the Matter of: Balasco Industries, Inc., Balasco Textile Company, Inc., Bankrupts; N. Campbell Napier v. Nolan B. Harmon, Trustee No. 73-2226
17-4 Bradford, Marie J. v. Tarrant County Junior College District, Joe B. Rushing, Chancellor, et al. No. 73-1650 [No. 73-1650: Appellant teacher challenged a decision of the United States District Court for the Northern District of Texas, which found in favor of appellee junior college in appellant's action claiming that her teaching contract was not renewed because of her exercise of rights of free speech secured to her by United States Constitution amendments I and XIV and asserting that minimal standards of procedural due process were not observed in connection with her non-retention; Decided: 4 April 1974]
17-5 Clanton, Marcus Junior v. United States of America No 73-2637 [No. 73-2637: Petitioner inmate appealed an unfavorable decision denying relief from the United States District Court for the Northern District of Georgia, which held there was no evidence showing him incompetent to enter guilty pleas; Decided: 25 January 1974]
17-6 Moore, Joseph Henry and Mary Ophelia Dunn Moore v. Commissioner of Internal Revenue No. 73-2121 [No. 73-2121: Petitioner taxpayer appealed the deficiency in his federal income tax as determined by respondent Commissioner of the Internal Revenue, contending the commissioner erred in denying that the taxpayer's mobile homes qualified as property and that the taxpayer was not entitled to additional first year depreciation for the mobile homes; Decided: 28 September 1972]
17-7 National Labor Relations Board v. Local 926, International Union of Operating Engineers No. 72-3420
17-8 Norris, R. W., Jr. v. Bovina Feeders, Inc. No. 73-2125 [No. 73-2125: Defendant feedlot sought review of the judgment of the United States District Court of the Northern District of Texas, which awarded damages to plaintiff partnership for wrongful detention of a grain grinder. Defendant attacked the judgment as too speculative and uncertain as a matter of law; Decided: 10 April 1974]
17-9 Port Arthur Towing Company v. Owens-Illinois, Inc. No. 73-1870 [No. 73-1870: Appellant lessor sought review of the judgment of the United States District Court for the Western District of Louisiana, which declared the lease agreement between appellant and appellee lessee to be valid and binding; Decided: 12 April 1974]
17-10 Raymond, John v. Western Pacific Railroad Company No. 73-2310
17-11 Scott Paper Company and International Paper Company v. Gulf Coast Pulpwood Association, Inc., et al No. 73-3262
17-12 Taylor, Bertha B., Individually and on the Behalf of Her Minor Children, Evelyn A., Floyd P., and Linda A. Taylor v. Caspar W. Weinberger, Secretary of Health, Education, and Welfare No. 73-1602 [No. 73-1602: This is a suit by the plaintiff, Mrs. Bertha B. Taylor, against the Secretary of Health, Education, and Welfare under the Social Security Act to review a final decision of the Secretary denying her claim for mother's insurance benefits and for child's insurance benefits on behalf of her children, Evelyn A. Taylor, Floyd P. Taylor, and Linda A. Taylor; Decided: 6 February 1973]
17-13 Thompson, Belle Few, et al v. Max Sheppard, Jr., et al. No. 73-2519 [No. 73-2519: Plaintiff black female residents sought a review of an order of the United States District Court for the Middle District of Georgia, which entered an order approving a new jury list resulting from a preliminary injunction entered against defendant county and officials in an action on behalf of plaintiffs to enforce their right to serve on grand and petit juries in the courts of the county; Decided: 8 March 1974]
17-14 United States of America v. Charles Daryll Bryant, James Bob Impson. No. 73-2257 [No. 73-2257: Appellants challenged the decision of the United States District Court for the Eastern District of Texas, which convicted them for transporting and receiving a vehicle in interstate commerce; Decided: 18 March 1974]
17-15 United States of America v. Robert Fonseca No. 73-2875 [No. 73-2875: Appellant sought review of his convictions from the United States District Court for the Western District of Texas, for knowingly and intentionally importing and possessing marihuana with intent to distribute; Decided: 6 March 1974]
17-16 United States of America v. Jacqueline Simmons Greene No. 73-2286 [No. 73-2286: Defendant convicted of possession and intent to distribute marijuana; Decided: 17 July 1974]
17-17 United States of America v. Kathryn Frances Hand No. 73-1949 [No. 73-1949: Appellant sought review of the decision of the United States District Court for the Southern District of Texas, that convicted her of ten counts of embezzlement from her employer, a federally insured credit union, on numerous grounds including that of unreasonable search and seizure of her handbags; Decided: 28 July 1975]
17-18 United States of America v. Ronald Gage McGlynn No. 73-2894 [No. 73-2894: Defendant appealed from a judgment of the United States District Court, which convicted defendant of possession of marijuana; Decided: 17 July 1974]
17-19 United States of America v. Edward Grady Partin No. 73-2295 [No. 73-2295: Defendant sought review of an order from the United States District Court for the Northern District of Georgia, convicting him of conspiracy to violate the Hobbs Act; Decided: 6 May 1974]
17-20 United States of America v. Guadalupe Rodriguez, et al. No. 73-2008 [No. 73-2008: Appellants challenged the judgment of the United States District Court for the Southern District of Texas, which convicted them, following a jury trial, of distributing and possessing with intent to distribute marijuana, conspiring to distribute, and convicted two of them of carrying firearms during the commission of a felony; Decided: 5 August 1974]
17-21 Wambles, John H. v. International Brotherhood of Teamsters, Chauffeurs, et al. No. 73-2018 [No. 73-2018: Plaintiff labor union employees appealed the summary judgment of the United States District Court for the Southern District of Alabama granted to defendants, labor union local and its officers, because plaintiffs were properly terminated from at-will positions by new officers of defendant labor union local; Decided: 25 January 1974]
17-22 Wigginton, Charles James v. W. J. Estelle, Director, TDC No. 73-2315 [No. 73-2315: Appellant sought review a conviction in 1964 in Dallas County, Texas, State Court of burglary and sentenced to life imprisonment. He contends that he was denied counsel at the time of the entry of his plea of guilty; Decided: 25 January 1974]
17-23 Woods Exploration & Producing Company, Inc., et al. v. Aluminum Company of America, et al. Nos. 72-2792, 73-1633 [No. 72-2792, 73-1633: Appellants sought review of judgments for appellees entered in the United States District Court for the Southern District of Texas on appellees' claims of monopolization and interference with the planned construction of a liquid extraction plant; Decided: 13 March 1975]
17-24 Alabama Great Southern Railroad Company v. Allied Chemical Corporation, et al. No. 73-3057 [No. 73-3057: Defendants, tank car owner, wheel manufacturer and assembler, appealed a judgment from the United States District Court, which awarded plaintiff damages in its claim against defendants for indemnity for payments to third parties injured or damaged when a wheel on a tank car fractured and broke causing a derailment accident; Decided: 19 September 1974]
17-25 Anderson, Katie Ruth, et al. v. J. T. Robinson, Individually and as Mayor of the City of Natchez, Mississippi, et al. No. 73-2638 [No. 73-2638: Plaintiff individuals appealed from a judgment of the United States District Court, which denied plaintiffs' motion for a new trial on the issue of damages in plaintiffs' false imprisonment suit against defendant police chief; Decided: 11 July 1974]
17-26 Bird, Charles N., et al. v. William H. Ferry, Jr., et al., The Robinson-Humphrey Company, Inc. No. 73-3107 [No. 73-3107: Defendant broker sought review of the judgment of the United States District Court for the Northern District of Georgia, which held it and defendant securities salesman jointly liable to the club for what should have been the value of its portfolio, plus interest from the date of loss, on federal securities' law grounds and in common-law fraud; Decided: 11 July 1974]
17-27 Bolton, Mrs. Natalie, et al. v. Murray Envelope Corporation No. 73-1856 [No. 73-1856: Plaintiff employee, who also represented a class of black employees, sought review of the decision of the district court, which determined that plaintiff and class members had not been the victims of racial discrimination by defendant employer in plaintiff's action under the Civil Rights Act of 1964; Decided: 26 April 1974]
17-28 Bowman, Robert v. Chrysler Credit Corporation No. 72-3683 [No. 72-3683: This case began as a suit for damages in the state court and was removed to the United States District Court on diversity of citizenship and jurisdictional amount. On a trial to the Court without a jury judgment was awarded the defendant; Decided: 10 July 1974]
17-29 Crosby, R. H. and Mrs. v. Ethel, et al. v. United States of America No. 73-2928 [No. 73-2928: Appellant federal government challenged a judgment from the United States District Court for the Southern District of Mississippi, which determined that certain expenditures made for the personal benefit of appellee taxpayers did not constitute constructive dividend income to the taxpayers; Decided: 5 July 1974]
17-30 Home Telephone Company v. Lon Darley and Rex Darley No. 73-1993
17-31 Marine Welding & Repair Works, Inc., et al. v. National Labor Relations Board No. 73-2218 [No. 73-2218: Petitioner company sought review of the judgment of a United States Court of Appeals, which enforced respondent National Labor Relations Board's finding that petitioner violated the National Labor Relations Act when it discharged two employees, and ordered petitioner to pay the employees back pay, with interest, for the periods elapsing between the time they were discharged and the subsequent offer of reemployment; Decided: 12 April 1974]
17-32 Mohasco Industries, Inc, et al. v. ACME Fast Freight, Inc., et al. No. 73-2383 [No. 73-2383: Plaintiff shippers appealed a judgment of the United States District Court for the Southern District of Mississippi, which granted a motion to dismiss filed by defendant motor carriers asserting that the complaint failed to state a claim upon which relief could be granted; Decided: 1 April 1974]
17-33 Nichols, Horace E. and Edith B. v. Commissioner of Internal Revenue No. 73-3159 [No. 73-3159: Petitioners, judge and wife, appealed from the decision of the Tax Court of the United States, in their action against respondent United States Commissioner of Internal Revenue that determined that the qualification fee petitioner judge paid to have his name placed on the ballot as a judicial candidate in the next primary election was not deductible; Decided: 18 April 1975]
17-34 Peters, Dan Rene v. C. P. Kiff, Warden, et al. No. 73-2029 [No. 73-2029: Appellant sought review of the decision of the United States District Court for the Middle District of Georgia, which denied his motion for a continuance, proceeded to hear his habeas corpus petition on the systematic exclusions of blacks from the grand and petit juries, and denied his requested relief; Decided: 27 March 1974]
17-35 Pirrone, Alfred F., d/b/a Pirrone Wine Cellars v. Monarch Wine Company of Georgia No. 73-2913 [No. 73-2913: Appellant sought review of a judgment from a federal trial court that granted recovery to appellee seller in an action for damages on a contract; Decided: 10 July 1974]
17-36 Scranton Construction Company, Inc. and Clegg Concrete, Inc. v. Litton Industries Leasing Corporation, et al. No. 73-1980 [No. 73-1980: Plaintiffs challenged the order of a United States District Court, which granted defendants summary judgment on plaintiff's claims for antitrust violations brought under the Sherman Act, the Clayton Act and the Robinson-Patman Act; Decided: 31 May 1974]
17-37 Trans Mississippi Corporation v. United States of America No. 72-3087 [No. 72-3087: In a consolidated appeal regarding an action by appellee, the United States, for nonpayment of taxes, appellant corporation sought review from decisions of the United States District Court for the Northern District of Mississippi, alleging that court erred in excluding a worksheet prepared by an agent of the Internal Revenue Service, and in denying appellant's motion for relief from judgment; Decided: 3 June 1974]
17-38 Trans Mississippi Corporation v. United States of America No. 73-3018 [No. 72-3087: In a consolidated appeal regarding an action by appellee, the United States, for nonpayment of taxes, appellant corporation sought review from decisions of the United States District Court for the Northern District of Mississippi, alleging that court erred in excluding a worksheet prepared by an agent of the Internal Revenue Service, and in denying appellant's motion for relief from judgment; Decided: 3 June 1974]
17-39 United States of America v. Daniel Clarence Collins, Jr. No. 73-2407 [No. 73-2407: Defendant challenged the judgment of the United States District Court for the Northern District of Mississippi, which convicted defendant of armed robbery of a bank. Defendant contended that he lacked substantial capacity either to appreciate the wrongfulness of his conduct or to conform it to the requirements of the law; Decided: 1 April 1974]
17-40 Wiley, E. Cecil v. Public Investors Life Insurance Company No. 73-2971 [No. 73-2971: Defendant appealed the judgment of the United States District Court for the Western District of Louisiana, asserting that the lower court erroneously construed and applied controlling principles of bankruptcy law in entering judgment for plaintiff; Decided: 5 August 1974]
17-41 Wren, Judith A. and/or Rena M. McAllister v. New York Life Insurance Company; Elizabeth Wren, et al. No. 73-2792 [No. 73-2792: Appellants, beneficiary and others, sought review of the summary judgment order of an United States district court in favor of appellee insurer, which provided that a life insurance policy appellant beneficiary took out on her ex-husband was invalid for failing to comply with Georgia Code Annotated § 56-2407; Decided: 8 May 1974]
17-42 Brennan, Peter J., Secretary of Labor, et al. v. Victoria Bank and Trust Company No. 73-2075 [No. 73-2075: Plaintiff, the Secretary of Labor, appealed a decision from the United States District Court which found no violation of the equal pay provisions of the Fair Labor Standards Act; Decided: 8 May 1974]
17-43 Capella, Anthony J., et al. v. L. R. Baumgartner, M. D., et al. No. 73-2551 [No. 73-2551: Plaintiff claimed that the doctor acted negligently resulting in wrongful death of his wife; Decided: 20 May 1974]
17-44 Carey, James S. v. Greyhound Bus Company, Inc., et al. No. 73-3133 [No. 73-3133: Appellants, bus company and unions, sought review of a decision of the United States District Court for the Eastern District of Louisiana, which rendered judgment in favor of appellee employee and found appellants in violation of Title VII of the Civil Rights Act of 1964. Appellee sought review of the district court's dismissal of the class action and the request for back pay; Decided: 26 September 1974]
17-45 General Motors Corporation, et al. v. Dade Bonded Warehouse, Inc., et al. No. 73-2652 [No. 73-2652: In this action General Motors asserted claims against both Dade Bonded Warehouse, Inc. and Blanche R. Bergin, executrix of the estate of Cecil A. Bergin. Although the jury was charged on the various theories of liability possibly applicable to Bergin, their verdict did not mention the claim against her; Decided: 5 August 1974]
17-46 The First National Bank of Miami v. Insurance Company of North America No. 73-3052 [No. 73-3052: Plaintiff bank appealed decision from the United States District Court denying its claim for loss due to forgery; Decided: 12 June 1974]
17-47 Hicks, Clyde E. v. Ocean Drilling and Exploration Company; H. B. Buster Hughes, Inc. No. 73-2169 [No. 73-2169: Appellee employees sought review of a judgment of the United States District Court for the Eastern District of Louisiana, which granted appellant contractor indemnification against appellant subcontractor for appellees' award of damages in their maritime tort action against appellants, pursuant to the Jones Act; Decided: 7 May 1974]
17-48 International Tape Manufacturers Association v. Richard Gerstein, et al. No. 72-2883 [No. 72-2883: Appellants sought review of the decision of the federal District Court of Florida declaring Florida Statue Annotated § 543.041 (1972) void in response to defendants-appellants' motion to dismiss plaintiff-appellee's constitutional challenge to the statute; Decided: 13 May 1974]
17-49 In the Matter of: Ken Boatman, Inc., et al.; L. E. Creel III, et al. No. 73-2673 [No. 73-2673: Appellant corporation challenged a judgment of the United States District Court for the Western District of Louisiana, which found that appellant's vendor's lien was destroyed when the mobile homes that he sold were placed on the land as part of a motel complex; Decided: 9 December 1974]
17-50 Orr, Elaine M. v. Frank R. MacNeill & Son, Inc. No. 73-3063 [No. 73-3063: Appellant employer contested the judgment of the United States District Court for the Southern District of Florida, which awarded damages to appellee employee under Title VII of the Civil Rights Act of 1964 and of the Equal Pay Act of 1963 for sex discrimination in compensation; Decided: 10 April 1975]
17-51 Patterson, Jerry Leon v. W. J. Estelle, Director, et al. No. 73-3062 [No. 73-3062: Petitioner sought review of a federal district court decision, which denied his application for habeas corpus relief; Decided: 20 May 1974]
17-52 Stallworth, Vedora, et al. v. Otis McFarland, et al. No. 73-2828 [No. 73-2828: Defendant sued for negligent death by drowning; Decided: 16 May 1974]
17-53 United States of America v. Joel E. Cook No. 73-3265 [No. 73-3265: Appellant taxpayer sought review of a judgment from the United States District Court for the Southern District of Texas, which found him liable for a tax assessment after his offer in compromise was rejected; Decided: 23 May 1974]
17-54 United States of America v. Thomas W. Moore, Jr, et al. No. 73-2951 [No. 73-2951: Defendant appealed from an order of a United States district court, which concluded that plaintiff government had priority, where there were insufficient funds to pay all creditors, and entered judgment for the government; Decided: 26 July 1974]
17-55 United States of America v. Paul Merville Prejean No. 73-2988 [No. 73-2988: Appellant sought review of a decision from the trial court, which convicted him of burglarizing a house on a military reservation in violation of the Assimilative Crimes Act. Appellant claimed the indictment charging violation of Tex. Penal Code Ann. § 1389 (1953) did not state the proper offense and that he could not be convicted for a crime not committed; Decided: 23 May 1974]
17-56 United States of America v. Tommie Dell Ross and Dorothy Ruth Ross No. 73-2203 [No. 73-2203: Defendants, husband and wife, appealed judgments from an United States district court, which convicted them of fraudulently conspiring to import heroin into the United States from Mexico; Decided: 9 May 1974]
17-57 In Re: Yarn Processing Patent Validity Litigation; Sauquoit Fibers Company v. Leesona Corporation, et al. No. 73-2420 [No. 73-2420: Plaintiff appealed an order of the United States District Court for the Southern District of Florida granting summary judgment to defendant and declaring plaintiff' patents invalid; Decided: 29 July 1974]
17-58 Austracan, (USA), Inc., et al v. M/V "Lemoncore", et al. No. 73-2561 [No. 73-2561: Plaintiff consignees sought review of the judgment of the United States District Court for the Southern District of Florida, which dismissed plaintiffs' second amended complaint against defendants, carriers and cargo handlers, and defendant-third party plaintiff charterer, for lost cargo. Defendant-third party plaintiff filed a cross-appeal of the dismissal of third-party defendants. The appeals were a consolidation of six different cases; Decided: 30 August 1974]
17-59 Beaird-Poulan, Inc. v. Department of Highways, State of Louisiana, et al. No. 73-3362 [No. 73-3362: Plaintiff condemnee sought review of a judgment of the District Court of Louisiana, which dismissed his compliant against defendant State Department of Highways for the recovery of costs relating to the relocation of his business after condemnation proceedings pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; Decided: 5 July 1974]
17-60 Brennan, Peter J. et al. v. Taft Broadcasting Company No. 73-3760 [No. 73-3760: Plaintiffs, Secretary of Labor and employee, challenged a judgment of the United States District Court for the Northern District of Alabama, which dismissed its action for damages and to enjoin an alleged violation of the Age Discrimination in Employment Act on the ground that defendant employer's benefit plan came within a statutory exception; Decided: 9 September 1974]
17-61 Evans, Frank, et al. v. Lester W. Seaman, et al. No. 73-2658 [No. 73-2658: Violation of the Civil Rights Act of 1964; Decided: 12 July 1974]
17-62 Fonseca, Juan, et al. v. Hidalgo County Water Improvement District No. 2, et al. No. 73-3556 [No. 73-3556: Plaintiffs sought review of the decision of a Texas district court, which found in favor of defendant water district in plaintiffs' action attacking the constitutionality of Tex. Water Code Ann. § 51.072 (1972); Decided: 17 June 1974]
Box 18: June 1973- 26 April 1974
18-1 American Family Life Assurance Company of Columbus v. Blue Cross of Florida, Inc. No. 72-3447 [No. 72-3447: Plaintiff appealed from a judgment of the United States District Court for the Southern District of Florida, which dismissed the complaint that alleged that enforcing a "coordination of benefits" provision in defendant's medical benefits plans constituted boycott, coercion, intimidation, and restraints of trade of the Sherman Act; Decided: 5 November 1973]
18-2 Crump, Harold W. v. Clark Equipment Company-The Travelers Life Insurance Company No. 73-1029 [No. 73-1029: Appellant sought review of the District Court's ruling that defendant was not liable for the injuries that the employee of Texaco sustained when the ladder leading up the side of a hyster-type equipment mover failed; Decided: 5 July 1973]
18-3 Becton, Dickinson and Company v. Sherwood Medical Industries, Inc. No. 72-3599 [No. 72-3599: Plaintiff patent holder appealed an order of the United States District Court for the Middle District of Florida, entering judgment for defendant manufacturer on a patent infringement claim and holding that the patents were invalid for the improper joinder of a person as an inventor and for obviousness, and that plaintiff committed fraud; Decided: 28 July 1975]
18-4 Gates, Albert H. v. United States of America, and Prudential Insurance Company of America No. 73-1162 [No. 73-1162: Plaintiff, father of deceased serviceman, appealed from the United States District Court for the Western District of Texas, which held that plaintiff failed to make a valid and effective claim to proceeds of Serviceman's Group Life Insurance; Decided: 11 July 1973]
18-5 McNeal, Tommy v. John Allen Collier, et al. No. 73-1214 [No. DC 7234-S: Appellant contends that the state twice subjected him to jeopardy for the same offense, McNeal has petitioned this court for habeas corpus relief; 6 December 1972]
18-6 Patterson, Frank, et al. v. Thomas Hopkins, et al. No. 73-1330 [No. 73-1330: Appellants seek damages and declaratory relief complaining of the facilities of the Coahoma County jail and practices of the authorities in the handling of juveniles; Decided: 14 June 1973]
18-7 Pond, Linda Roberta v. Braniff Airways, Inc. No. 73-1372 [No. 73-1372: In appellant female employee's sex discrimination action against appellee employer, filed under the Civil Rights Act of 1964, the United States District Court held that appellee had not discriminated against appellant. Appellant challenged the judgment; Decided: 9 September 1974]
18-8 Postel, Fred v. Dr. George J. Beto No. 73-1088 [No. 73-1088: Petitioner challenged a judgment of the United States District Court for the Southern District of Texas denying his request for a writ of habeas corpus; Decided: 24 February 1975]
18-9 Sonesta International Hotels Corporation v. Colony Square Company, et al. No. 73-1597 [No. 73-1597: Appellant sought review of the District Court's judgment that the letter of intent entered by the appellee was not a binding contract with enforceable obligations; Decided: 5 July 1973]
18-10 Sterzing, Henry Keith v. Fort Bend Independent School District, et al. No. 72-3180 [No. 72-3180: Appellant teacher sought review of a judgment from the United States district court denying him reinstatement to his position as a teacher on the grounds that his reinstatement would be too antagonistic, but finding that appellant's first and fourteenth amendment rights were violated when he was discharged and awarding him damages; Decided: 24 June 1974]
18-11 United States of America v. Ervin L. Abercrombie No. 73-1181 [No. 73-1181: Defendant appealed his convictions for bank robbery and possession of stolen property by the United States District Court for the Middle District of Alabama. He claimed that it was plain error to allow a conviction on two counts which embraced both the theft and the possession of the same money; Decided: 17 July 1973]
18-12 United States of America v. Carlton Ellis Allison, et al. No. 72-2828 [No. 72-2828: Defendants challenged the decision of the United States District Court for the Northern District of Alabama, which entered an order convicting them of substantive, the Dyer Act and of conspiracy; Decided: 13 July 1973]
18-13 United States of America v. Charley Julius Andrews, Jr. No. 73-1038
18-14 United States of America v. William Boyd Ewing, Jr. No. 72-3622 [No. 72-3622: Defendant challenged a judgment of the United States District Court for the Northern District of Texas that convicted him of aiding and abetting the interstate transportation of stolen motor vehicles; Decided: 14 June 1973]
18-15 United States of America v. James Franklin No. 72-3558
18-16 United States of America v. James Bobby Impson No. 73-1500 [No. 73-1500: Defendant appealed a judgment of the United States District Court for the Northern District of Texas, which convicted him of possession of counterfeit currency and defendant contested the validity of the search and seizure of the incriminating evidence; Decided: 12 July 1973]
18-17 United States of America v. Lee Lockett and Lillian Lockett No. 72-2861
18-18 United States of America v. Joe Don Looney No. 73-1171 [No. 73-1171: Plaintiff government appealed an order from the United States District Court for the Eastern District of Texas, which granted defendant's motion to suppress evidence seized as a result of an illegal search in plaintiff's prosecution of defendant for possession of an unregistered sub-machine gun within the definition; Decided: 6 July 1973]
18-19 Wilder, Robert E. v. Norris Grain Company No. 73-1033
18-20 Zarzaur, J. B. v. United States of America No. 72-3422 [No. 72-3422: Appellant United States challenged an order of the United States District Court for the Northern District of Alabama, which entered a jury verdict for appellee taxpayer on appellee's suit to recover partial payment of an assessment regarding funds received by appellee from his restaurant that allegedly operated as a private club; Decided: 2 May 1974]
18-21 Carpenter, Meade A., Jr. v. United States of America No. 73-1420 [No. 73-1420: Appellant United States challenged the United States District Court judgment awarding an income tax refund to appellee taxpayer based upon the maintenance of his foreign residency while he was living in the United States; Decided: 3 June 1974]
18-22 Cruz, Fred Arispe v. Dr. George J. Beto, Director, et al. No. 72-3701 [No. 72-3701: After remand from the United States Supreme Court, appellant, released prison inmate, challenged the decision of the district court which dismissed without a hearing and without notice appellant's civil rights class action against appellees, prison officials, seeking, inter alia, money damages, holding that that the issues were rendered moot as appellant had been released from prison; Decided: 19 July 1974]
18-23 Hernandez, Paz R. v. The Travelers Insurance Company No. 73-1226 [No. 73-1226: On interlocutory appeal, appellant challenged a judgment from the United States District Court for the Western District of Texas that denied its motion to dismiss, for lack of subject matter jurisdiction, appellee's suit against appellant, as appellee's employer's workmen's compensation insurer. Appellant contended that diversity jurisdiction was lacking as it was a citizen of the same state as its insured; Decided; 19 February 1974]
18-24 Jennings, William, Jr. v. Louie L. Wainwright No. 73-1720 [No. 73-1720: Appellant challenged an order of the United States District Court for the Southern District of Florida, denying his petition for a writ of habeas corpus without a hearing, contending that the district court erred in finding that sufficient state proceedings had negated the necessity for an independent evidentiary hearing; Decided: 12 November 1973]
18-25 Marbury-Pattillo Construction Company, Inc. v. Bayside Warehouse Company v. The Aetna Casualty and Surety Company, et al. No. 72-1863 [No. 72-1863: Appellant storage operator sought review of the judgment of the United States District Court for the Northern District of Alabama, which entered judgment upon a jury verdict in favor appellee construction company in their diversity suit for the balance due and unpaid for the construction four grain storage tanks; Decided: 25 February 1974]
18-26 National Labor Relations Board v. International Longshoremen's Association, Local No. 1851, AFL-CIO No. 73-1241
18-27 Park, A. C. v. H. T. (Tommy) Huff No. 73-1897 [No. 73-1897: Appellant challenged a decision on his habeas corpus petition from the United States District Court for the Northern District of Georgia, which was reversed by a divided three-judge panel but heard anew upon the grant of a petition for rehearing. Appellant had contended that his U.S. Constitution amendment VI Confrontation Clause rights were violated at trial. Appellant had been charged with conspiracy in connection with the killing of a state official; Decided: 20 January 1975]
18-28 In the Matter of: Sam James Recile, Bankrupt v. Albert J. Ward, Jr., et al. No. 73-1648 [No. 73-1648: Appellant bankrupt challenged the decision of the United States District Court, which affirmed an order of the bankruptcy referee denying appellant's motion to have his discharge in bankruptcy issued nunc pro tunc, and extended the time for filing objections to appellant's discharge; Decided: 24 June 1974]
18-29 Serchuck, Max v. Caspar W. Weinberger, et al. No. 73-1410
18-30 Todd, Jack Donald v. Leroy Stynchcombe, et al. No. 73-1693 [No. 73-1693: Petitioner sought review of the order of the United States District Court for the Northern District of Georgia denying his application for writ of habeas corpus, asserting an unconstitutional jury charge and a violation of the ex post facto laws; Decided: 9 November 1973]
18-31 United States of America, et al, Mamdouh Barbour v. District Director of the Immigration and Naturalization Service, San Antonio, Texas, et al. No. 73-1411 [No. 73-1411: Petitioner sought review of United States District Court for the Western District of Texas decision denying his writ for habeas corpus seeking discharge on the ground that petitioner had been denied bail pending a final decision in his deportation proceeding; Decided: 21 March 1974]
18-32 United States of America v. Michael Bova No. 73-1340 [No. 73-1340: Appellant inmate sought review of the judgment from a United States District Court, which convicted appellant of unlawful possession and distribution of heroin; Decided: 26 August 1974]
18-33 United States of America v. Kenneth Kermit Hayles No. 72-3681 [No. 72-1901: Appellants sought review of judgments from the United States District Court for the Northern District of Texas, which convicted appellants of conspiracy and of making, possessing, and transferring counterfeit money with intent to defraud. During the trial, the district court admitted conversations between appellants and an informant that were taped after similar charges had been filed in Louisiana and in the Eastern District of Texas; Decided: 9 January 1973]
18-34 United States of America v. Wayne Kohout No. 73-1016
18-35 United States of America v. Henry Thomas Leigh, M.D. No. 73-1615 [No. 73-1615: The government challenged the order of the United States District Court for the Western District of Texas, which dismissed an indictment against appellee physician for failure to charge an offense; Decided: 8 November 1973]
18-36 United States of America v. David Elbert Mackey No. 72-2929 [No. 72-2929: Defendant convicted of possession with intent to distribute marijuana; Decided: 12 October 1973]
18-37 United States of America v. Jose Manuel Suarez, Leites Rufino Chiong No. 73-1590 [No. 73-1590: Defendants were convicted of possessing with intent to distribute, and of distributing, cocaine in the United States District Court for the Southern District of Florida. On appeal, one defendant argued that the evidence was insufficient and an evidence custodian should not have been allowed to testify a second time to correct errors. The second defendant disputed the sufficiency of the evidence; Decided: 14 November 1973]
18-38 United States of America v. Texas Education Agency, et al. No. 73-1338
18-39 United States of America v. George Purdie Washington No. 73-1043 [No. 73-1043: Appellant challenged an order from the United States District Court for the Southern District of Florida, which convicted him of making false statements in connection with the acquisition of firearms from a licensed dealer. Appellant alleged insufficient evidence to sustain the court's guilty finding; Decided: 12 October 1973]
18-40 Volkswagenwerk Aktiengesellschaft v. Edward T. Rickard and Bessie Rickard, Individually, et al. No. 73-3186 [No. 73-3186: Defendant appealed his conviction in the United States District Court of conspiring to possess with intent to distribute a quantity of marijuana; Decided: 20 June 1974]
18-41 Ballas, Charles R., et al. v. Le Roy E. Symm, et al. No. 73-1325 [No. 73-1325: Appellant student sought review of the judgment of the United States District Court, which denied his request for a preliminary injunction and refused to treat as a class action appellant's complaint against appellee voter registrar for violation of his rights under the Equal Protection Clause of United States Constitution amendment XIV and the 1964 Civil Rights Act; Decided: 24 May 1974]
18-42 Bermec Corporation v. Juanita Wyche, et al. No. 73-1370
18-43 Brennan, Peter J., Secretary of Labor, et al. v. Lauderdale Yacht Basin, Inc., et al. No. 73-1056 [No. 73-1056: Plaintiff United States Secretary of Labor appealed a decision of a federal district court, which held there could be no violations of the minimum pay and overtime provisions of the Fair Labor Standards Act by defendant employers because the total commissions paid to salesmen annually were sufficient to include the statutory minimum for all hours up to 40 a week and time-and-a-half for all overtime hours; Decided: 26 April 1974]
18-44 Devers, Daniel v. Mobil Chemical Corporation; Argonaut Insurance Company No. 73-1547 [No. 73-1547: Appellant corporation sought review of the judgment of the United States District Court for the Eastern District of Texas, which awarded damages to appellee injured employee for injuries he sustained while working for his employer that had a maintenance contract with appellant. The parties agreed to submit the case to the district judge on the record after the original verdict was set aside and the next jury could not agree on a verdict; Decided: 13 December 1973]
18-45 Di Giorgio, Joseph, et al. v. Leon N. Causey, Sr., et al. No. 73-1814 [No. 73-1814: Defendant, circuit court judge appealed from an order of the United States District Court for the Southern District of Mississippi, which granted a preliminary injunction in an action to set aside a default civil judgment previously entered in a Mississippi state circuit court; Decided: 13 December 1973]
18-46 Exchange Security Bank, et al. v. United States of America No. 73-1335 [No. 73-1335: Appeal from the federal district court, which denied appellants' claims for a tax refund in connection with a settlement that extinguished debt owed by appellants; Decided: 19 April 1974]
18-47 Jack's Fruit Company v. Growers Marketing Service, Inc., et al. No. 73-1400 [No. 73-1400: Appellant sought review of the District Court's refusal to hera its suit seeking to bar the enforcement of a state money judgment against it in favor of Growers Marketing Service, Inc.; Decided: 10 December 1973]
18-48 I. S. Joseph Company v. Citrus Feed Company, Inc., et al. No. 72-3561 [No. 72-3561: Appellant pellet manufacturer challenged the judgment of the United States District Court for the Middle District of Florida, in favor of appellee citrus pulp company, which denied liability for breach of an alleged oral contract. Both parties filed motions for directed verdict, which were denied, and the jury found for appellee; Decided: 20 February 1974]
18-49 McClure, Juanita v. The First National Bank of Lubbock, Texas, et al; Gaines County Developments No. 73-1376 [No. 73-1376: Plaintiff appealed from a United States District Court for the Northern District of Texas decision that dismissed for lack of subject matter jurisdiction plaintiff's complaint alleging violations of the Securities Exchange Act of 1934 after holding that none of the alleged transactions constituted a security sale under the Act; Decided: 22 July 1974]
18-50 Merrill Lynch, Pierce Fenner & Smith, Inc., v. David B. Clayton No. 73-3639 [No. 72-3639: Appellant transferee sought review of an order of the United States District Court for the Northern District of Alabama, which ruled that appellee brokerage firm could recover the value of stock gratuitously transferred to appellant at its value when sold, not just received, by appellant; Decided: 21 January 1974]
18-51 Natco, Inc. v. Williams Brothers Engineering Company, et al. v. Santa Fe Pipe Line Company No. 73-1604 [No. 73-1604: Defendant engineering company appealed from the decision of the United States District Court for the Northern District of Texas, which awarded plaintiff construction company lost profits in plaintiff's action for damages arising out of defendant's interference with plaintiff's performance of a pipeline construction contract. Plaintiff filed a cross-appeal of the district court's remittitur as to part of the jury award; Decided: 13 February 1974]
18-52 Petterway, Bob S. v. The Veterans Administration Hospital, et al. No. 73-1772 [No. 73-1772: Plaintiff public employee appealed the decision of the District court, which found that defendants, an agency and an official of the federal government, were protected from plaintiffs racial discrimination employment practice claims solely on the ground of sovereign immunity; Decided: 12 June 1974]
18-53 Plaquemines Parish Commission Council, et al. v. Travelers Indemnity Company of Connecticut No. 73-1070
18-54 Simpson, Beverly Camp v. John G. Simpson, III. No. 73-1521 [No. 73-1521: In appellant wife's action against appellee husband for damages under the Omnibus Crime Control and Safe Streets Act of 1968 the United States District Court for the Northern District of Alabama found for the husband. The wife appealed; Decided: 8 March 1974]
18-55 Simpson, Reverend William H., et al. v. Wells Lamont Corp., et al; North Mississippi Conference of the United Methodist Church, et al. No. 73-1027 [No. 73-1027: Plaintiffs, a pastor and his wife, challenged an order of the United States District Court, dismissing their claims against defendant church officials for lack of subject matter jurisdiction, and granted defendants public officials motion for summary judgment. Plaintiffs claimed that their actions for violation of constitutional rights were not barred by United States Constitution amendment I, and that they were unlawfully evicted from a church-owned residence; Decided: 24 May 1974]
18-56 United States of America v. Robert B. Bruce, Robert A. Blackwood, Robert S. Walker No. 73-1398 [No. 73-1398: Defendants, challenging the sufficiency of the evidence, sought review of the judgments of the United States District Court for the Northern District of Georgia, which convicted them of conspiracy and the substantive offenses of securities fraud, mail fraud, and the sale of unregistered securities in interstate commerce; Decided: 18 December 1973]
18-57 United States of America v. Levi Fox No. 73-1888 [No. 73-1888: Defendant challenged a judgment of the United States District Court for the Southern District of Alabama, which convicted him of knowingly transporting five stolen motor vehicles in interstate commerce and of knowingly receiving and concealing five stolen motor vehicles that were moving as interstate commerce; Decided: 17 December 1973]
18-58 United States of America v. Bobby Lee Hodge, Jr. No. 73-1740 [No. 73-1740: Defendant soldier appealed the judgment of the United States District Court for the Middle District of Georgia, which convicted him of the armed robbery of two other servicemen on a military reservation; Decided: 14 December 1973]
18-59 Veverica, A. L. d/b/a/ A. L. Veverica Salvage Company v. Drill Barge Buccaneer No. 7, et al. No. 73-1211 [No. 73-1211: Appellant salvor challenged the decision of the United States District Court for the Eastern District of Louisiana, which awarded the sale proceeds of a salvaged vessel seized in rem, first to satisfy the claims of intervenor lienholders with the remains to appellee owner; Decided: 25 January 1974]
Box 19: O-19/ a. 4 June 1973-20 April 1974/ b. 7 October 1974-17 January 1975
19-1 Hayes International Corporation v. Doctor John L. McLucas, et al.; The Boeing Company No. 73-2765 [No. 73-2765: Appellant contractor contested the judgment of the United States District Court for the Northern District of Alabama, which held that appellee military official's contract was valid, and that appellee competitor did not enjoy an unfair competitive advantage, nor was it guilty of a conflict of interest. Appellant asserted violations of Department of Defense regulations governing conflicts of interest in federal contract procurement; Decided: 6 March 1975]
19-2 Jimenez, Guadalupe, et al. v. Hidalgo County Water Improvement District No. 2, et al. No. 73-3557 [No. 73-3557: Plaintiffs brought a class action composed of persons whose lands were excluded from defendant, water districts, without actual personal notice. Plaintiffs asserted the unconstitutionality of Tex. Rev. Civ. Stat. Ann. art. 8280-3.2, pursuant to which constructive public notice of a meeting of the district for the purpose of excluding certain lands from the district was made by publication and posting; Decided: 17 June 1974]
19-3 Petition of Earl Leppo, In re: United States of America v. Martin Sklaroff No. 73-3316 [No. 73-3316: Appellant suspect, the subject of an investigation, challenged the order of the United States District Court for the Southern District of Florida, which dismissed his motion for the disclosure of inventory of intercepted wire communications; Decided: 29 July 1974]
19-4 McBrayer, Bob v. Teckla, Incorporated; Water Waton, Inc. No. 73-3613 [No. 73-3613: Defendant corporation sought review of a decision of the United States District Court for the District of Texas, that upheld a jury verdict for plaintiff and awarded lost profit and employment contract damages in a breach of contract action; Decided: 17 June 1974]
19-5 Named Individual Members of the San Antonio Conservation Society, et al. v. Texas Highway Department, et al. No. 74-1231 [No. 74-1231: Appellant society asked the court to determine whether the Federal-Aid Highway Act of 1973 severed all federal connection with a freeway construction project, and removed it from the necessity for compliance with the National Environmental Policy Act and the Department of Transportation Act; Decided: 5 July 1974]
19-6 Onesimo Limon-Gonzalez v. United States of America No. 72-3412 [No. 72-3412: Appellant complained of his conviction by the United States District Court for the Western District of Texas, on the basis of his guilty plea, for possession of 31 pounds of marijuana, and sought relief by petition for habeas corpus, which was denied by the district court without a hearing; Decided: 28 August 1974]
19-7 United States of America v. Armando Laca, et al. No. 73-3342 [No. 73-3342: Defendants sought review of the judgment of the United States District Court for the Western District of Texas, which convicted all three defendants of conspiracy to possess marijuana and of knowingly and intentionally possessing marijuana with intent to distribute. Two defendants were also convicted of firearm offenses; Decided: 28 August 1974]
19-8 Response of Carolina v. Leasco Response, Inc., et al. No. 73-3362, 73-4008, 73-4009 [Nos. 73-3362, 73-4008, 73-4009: Appellant franchisor challenged the decision of the United States District Court for the Southern District of Florida, which issued preliminary injunctions in appellee franchisees' antitrust actions filed against appellant; Decided: 31 July 1974]
19-9 United States of America v. Roy Mandujano No. 73-3353 [No. 73-3353: The state sought review of a decision of the United States District Court, which granted defendant's motion to suppress his grand jury testimony. The district court found that defendant was a virtual or punitive defendant and therefore should have been given all Miranda warnings. Defendant was indicted for perjury and attempt to district one ounce of heroin; Decided: 28 June 1974]
19-10 United States of America v. Amalia Olivares No. 73-4021 [No. 73-4021: Defendant appealed the denial of her motion to suppress evidence obtained in an allegedly invalid search that resulted in a conviction after a trial in the district court on six counts of knowingly transporting aliens; Decided: 21 June 1974]
19-11 United States of America v. Paul Gonzales Rangel No. 73-3356 [No. 73-3356: The government challenged the order of the United States District Court of Texas, that granted appellee's motion to suppress his grand jury testimony. The government asserted that the district court erred in concluding that appellee was not given sufficient warnings and in ruling that appellee could not be deemed to have voluntarily waived his right to remain silent under U.S. Constitution amendment V; Decided: 28 June 1974]
19-12 United Steelworkers of America, et al. v. National Labor Relations Board Nos. 73-3194, 73-3291 [Nos. 73-3194, 73-3291: Cross respondent employer sought review of respondent National Labor Relations Board's decision finding that cross respondent violated the Labor Management Relations Act and granting a cease and desist order. Petitioner union sought review of that portion of respondent's order that denied its request for additional "make whole" relief. Respondent filed a cross application for enforcement of its order; Decided: 11 July 1974]
19-13 Volz, Charles H., Jr., et al. v. Liberty Mutual Insurance Company, Inc. No. 73-3044 [No. 73-3044: In plaintiffs' action to recover damages for defendant's alleged interference with plaintiffs' attorney-client contracts, plaintiffs appealed a decision of the United States District Court for the Northern District of Alabama finding that there never was a contract and that defendant's actions were not tortious under state law; Decided: 12 August 1974]
19-14 Jim Walter Corporation v. United States of America No. 73-3656 [No. 73-3656: Appellant taxpayer corporation challenged the judgment of the United States District Court for the Middle District of Florida, which held that appellee, the United States of America, correctly disallowed appellant's deduction as an ordinary and necessary business expense the net amount paid to purchase outstanding first refusal warrants from holders; Decided: 31 July 1974]
19-15 Williams, Harry Lee v. W. J. Estelle, et al. No. 73-3854 [No. 73-3854: Petitioner appealed from the order of the United States District Court for the Southern District of Texas, which denied his request for a writ of habeas. Petitioner sought to reverse his conviction, for assault with intent to kill with malice aforethought, on due process grounds for being compelled to wear a prison uniform at his jury trial; Decided: 6 September 1974]
19-16 Columbia LNG Corporation, Consolidated System LNG Company v. Federal Power Commission No. 72-3122 [Nos. 72-3122, 72-3251: Petitioner public utilities sought a review of an order of respondent Federal Power Commission, which required that petitioners employ incremental pricing in sales of liquefied natural gas; Decided: 25 March 1974]
19-17 J. M. Huber Corporation v. Federal Power Commission No. 73-3047
19-18 Shell Oil Company v. Federal Power Commission No. 73-1329 [No. 73-1329, 73-1763, 73-2028: Petitioner New York Public Service Commission and gas producers, intervenors below, challenged a decision of respondent Federal Power Commission that refused to increase gas rates. Petitioner claimed that respondent abused its discretion by refusing to amend the gas rates upward, and that respondent acted illegally and irrationally when it interpreted its prior rate orders' vintaging provisions so as to phase out gas pricing by contract vintage; Decided: 14 March 1974]
19-19 State of Louisiana, Louisiana Municipal Association and Parish of Cameron, et al. v. Federal Power Commission No.73-3478 [No. 73-3478: In a consolidated action, petitioner natural gas customers challenged the sufficiency of the evidence and the lack of an environmental impact statement, as required by the National Environmental Policy Act in an order by the Federal Power Commission, that approved a final curtailment plan pursuant to the Natural Gas Act for a natural gas pipeline company that serviced petitioners; Decided: 8 November 1974]
19-20 Tecon Gasification Company and Texas Eastern Transmission Corporation v. Federal Power Commission No. 73-2925
19-21 Texas Gulf, Inc. v. Federal Power Commission No. 72-2597 [No. 72-3597: Petitioner mining corporation sought review of an order from the Federal Power Commission, which granted in part and denied in part a prayer for extraordinary relief from a gas company's curtailment of services plan, implemented as the direct result of the natural gas shortage which confronted the nation; Decided: 31 May 1974]
19-22 Bayou Auguste Tenants Organization, et al. v. George Romney, et al. No. 73-1306 [No. 73-1306: Plaintiff tenants appealed a decision of the United States District Court for the Southern District of Mississippi, which dismissed their complaint against defendant, the local housing authority, on the basis that the court lacked jurisdiction to hear the cause; Decided: 17 January 1975]
19-23 Brennan, Peter J., Secretary of Labor, et al. v. Harrison County, Mississippi, et al. No. 73-3604 [No. 73-3604: Appellant Secretary of Labor sought review of the order of the United States District Court for the Southern District of Mississippi which ruled in favor of appellee county in appellant's action alleging that appellee's employees were entitled to the minimum wages and overtime compensation prescribed by the Fair Labor Standards Act; Decided: 2 January 1975]
19-24 Callahan, Leroy v. H. M. Price, et al. No. 74-1029 [No. 74-1029: Plaintiff school principal challenged an order of the United States District Court for the Southern District of Mississippi upholding the decision of defendants, superintendent and school board members, not to renew his contract in an action for damages and injunctive relief. He alleged that the nonrenewal of his contract violated United States Constitution amendments I and XIV and was based on his desegregation activities; Decided: 13 December 1974]
19-25 Cook, Billy D., et al. v. Robert E. Hudson, et al. No. 74-1038 [No. 74-1038: Appellants, three former Mississippi school teachers, challenged a judgment of the United States District Court for the Northern District of Mississippi. The district court upheld an unwritten policy of appellees, county board of education officials, that prohibited the hiring of any teacher whose own children did not attend the county's public schools; Decided: 21 April 1975]
19-26 EAC Credit Corporation v. E. L. King, et al.; Jesse Porter, et al. No. 73-3998 [No. 73-3998: Appellants challenged judgment of United States District Court for Southern District of Mississippi finding them liable for financing losses under guaranty agreements; Decided: 12 February 1975]
19-27 Gordon, Mrs. Ivy L. v. Niagara Machine & Tool Works No. 74-2319 [No. 74-2319: Defendant manufacturer sought review of a personal injury verdict rendered in favor of plaintiff employee in the United States District Court for the Northern District of Mississippi; Decided: 13 January 1974]
19-28 Hague, Fred A. v. Liberty Mutual Insurance Company No. 73-3889 [No. 73-3889: Appellant employee challenged the decision of the United States District Court for the Southern District of Mississippi, which held that a release given by appellant to its employer following a compromise settlement of a benefits claim under the Mississippi Workmen's Compensation Law barred a garnishment action against appellee, insurer of a third-party judgment debtor; Decided: 18 November 1974]
19-29 Hamilton, Charline, Administratrix, et al. v. Jesse Chaffin, et al. No. 73-3928 [No. 73-3928: Plaintiff administratrix appealed a judgment of the United States District Court for the Northern District of Mississippi, which dismissed with prejudice upon a jury verdict plaintiff's wrongful death suit against defendants, city and police personnel, based on their alleged negligence and violations of various rights guaranteed an arrestee under federal and state law; Decided: 15 January 1975]
19-30 Hohenberg Brothers Company v. J. A. Killebrew No. 74-1274 [No. 74-1274: Defendant farmer appealed a decision of the United States District Court for the Southern District of Mississippi that found in favor of plaintiff cotton merchandiser in plaintiff's suit for specific performance of a contract to purchase defendant's cotton crop; Decided: 18 December 1974]
19-31 Jeter, John R., Jr. v. Saint Regis paper Company; American Employers Insurance Company; Mid South Painting Specialist, et al. No. 73-3470 [No. 73-3470: Appellant sought review of the decision of the United States District Court for the Southern District of Mississippi to not submit to the jury two of appellant's theories of liability, which were based on appellee's violations of the Occupational Safety and Health Act of 1970 and appellee's negligent performance of assumed obligations to provide safety engineering services, in appellant's personal injury suit against appellee; Decided: 6 February 1975]
19-32 Morris, Ed v. Transea Carriers, Inc., et al. No. 73-3583
19-33 National Labor Relations Board v. Mueller Brass Company, et al. No. 74-1840 [No. 74-1840: Petitioner National Labor Relations Board applied for enforcement of its decision and order that respondent employer cease its violations of the National Labor Relations Act and make a suspended employee whole for any loss of earnings suffered as a result of discrimination for union activities; Decided: 17 March 1975]
19-34 Redmond, E. R., et al. v. United States of America, et al. No. 74-1709 [No. 74-1709: Appellant store owner sought review of a decision of the United States District Court for the Northern District of Mississippi, which dismissed his complaint to set aside administrative action and to stay the period of disqualification and held that, under the Food Stamp Act, he had the burden of establishing the invalidity of administrative action for violations of the act; Decided: 7 February 1975]
19-35 Tillman, Bernard, Jr. v. Travelers Indemnity Company No. 74-1446 [No.74-1446: Appellant injured employee sought review of a judgment of the United States District Court for the Southern District of Mississippi directing a verdict in favor of appellee, the employer's workmen's compensation insurance carrier, in appellant's action to recover damages for injuries he sustained in a work-related accident; Decided: 15 January 1975]
19-36 United States of America v. Edward Cook No. 74-1164 [No. 74-1164: Appellant sought review of a judgment from the United States District Court for the Middle District of Florida, after a jury convicted him on five counts of willfully evading income taxes from 1966 through 1970; Decided: 20 December 1974]
19-37 United States of America v. James E. Knight No. 74-1781 [No. 74-1781: Appellant sought review of the order of the United States District Court for the Northern District of Mississippi, which sentenced appellant pursuant to a conviction for knowing receipt and knowing concealment of a stolen automobile; Decided: 16 December 1974]
19-38 United States of America, et al. v. State Tax Commission of the State of Mississippi, et al. No. 73-3034 [No. 73-3034: Appellee State Tax Commission appealed from an order of the United States District Court for the Southern District of Mississippi, which granted a permanent injunction against the assessment and collection of sales and contract taxes from appellants, an Indian tribe, a development company, and a housing authority; Decided: 13 December 1974]
19-39 United States of America, et al. v. State Tax Commission of the State of Mississippi, et al. No. 73-3034 [Supplemental File] [No. 73-3034: Appellee State Tax Commission appealed from an order of the United States District Court for the Southern District of Mississippi, which granted a permanent injunction against the assessment and collection of sales and contract taxes from appellants, an Indian tribe, a development company, and a housing authority; Decided: 13 December 1974]
19-40 Wideman, Dudley, Administrator, et al. v. Mississippi Valley Gas Company No. 73-3574 [No. 73-3574: Appellant administrator disputed a decision of the United States District Court for the Northern District of Mississippi, which entered judgment notwithstanding the verdict on a claim for wrongful death. The issues were what standard of care appellee gas company owed to the decedent as to its buried gas lines and whether the district court erred in finding that the evidence was insufficient for jury consideration under that correct standard; Decided: 30 January 1975]
19-41 Wright, J. D., et al. v. the City of Jackson, Mississippi, et al. No. 74-1668 [No. 74-1668: Plaintiffs, city firefighters, appealed the judgment from the United States District Court for the Southern District of Mississippi, which dismissed their complaint challenging an ordinance of defendant city requiring municipal employees to live within defendant's boundaries. Plaintiffs claimed that the ordinance did not meet a compelling government need and violated plaintiffs' constitutional rights; Decided: 15 January 1975]
Box 20: O-20 October 1974-3 January 1975
20-1 Zaldivar, Dorotea v. DeTenorioi v. H. E. McGowan, et al. No. 74-1082 [No. 74-1082: Appellant sought review of an order of the United States District Court for the Southern District of Mississippi, which entered judgment in appellee's favor, in an action alleging that widow's interest in land owned by her deceased husband was not divested absent due process of law and just compensation; Decided: 19 March 1974]
20-2 Aboussie, Mitchell A. and Najla v. Commissioner of Internal Revenue No. 74-1081 [No. 74-1081: Petitioner taxpayer filed an action against respondent Commissioner of Internal Revenue disputing the Commissioner's determination of a deficiency in the taxpayer's income tax; Decided: 10 July 1973]
20-3 In the Matter of: Airmotive Suppliers, In., et al., United States of America v. Jeanette Tavormina, et al. No. 74-1305 [No. 74-1305: Appellant Internal Revenue Service challenged a judgment of the United States District Court for the Southern District of Florida, which found for appellee bankruptcy trustee and held that appellant had no lien or claim to the notes or proceeds it received from appellant bankrupt; Decided: 17 September 1975]
20-4 Blunt, Hattie M. v. Marion County School Board, et al. No. 74-1279 [No. 74-1279: Plaintiff teacher appealed the order of the United States District Court for the Middle District of Florida, which entered judgment in favor of defendants, the county school board and state Board of Education, in plaintiff's action. The district court held that plaintiff had failed to prove that her dismissal was racially motivated or procedurally defective; Decided: 14 July 1975]
20-5 Carson, Dick H. v. United States of America No. 74-1260 [No. 74-1260: Appellant citizen sought review of an order of the United States District Court for the Northern District of Texas, which dismissed, for lack of jurisdiction, a complaint seeking injunctive relief from, and recovery of, taxes allegedly erroneously collected; Decided: 15 January 1975]
20-6 Gray, Charles F. v. Martindale Lumber Company, et al.; Northwestern National Insurance Company No. 74-1016 [No. 74-1016: Appellant truck driver sought a rehearing by the United States District Court for the Eastern District of Texas, which found for appellee corporation in appellant's negligence action to recover for his injuries when timber that was loaded onto his truck by appellee fell; Decided: 5 March 1976]
20-7 Harris, Herbert H., Jr. v. Olympus Terminals & Transport C., Inc., et al.; Travelers Insurance Company No. 73-4041 [No. 73-4041: Plaintiff appealed a decision of the United States District Court for the Eastern District of Louisiana, which granted summary judgment motion of defendant employer's insurance company as to claims other than those for workmen's compensation in plaintiff's personal injury action, holding that the insurance contract precluded direct recovery by plaintiff against defendant insurance company; Decided: 31 July 1975]
20-8 Kelly, Natherlean G., et al. v. West Baton Rouge Parish School Board, et al. No. 74-1240 [No. 74-1240: Plaintiff teachers sought review of the decision of the United States District Court for the Middle District of Louisiana, which granted judgment in favor of defendant school district in plaintiffs' action seeking injunctive relief and damages resulting from defendant's failure to reappoint them to teaching positions; Decided: 7 August 1975]
20-9 McCurdy, Charles M. v. The Board of Public Instruction of Palm Beach County, Florida, et al. No. 73-3755 [Nos. 73-3755, 74-2870: This appeal questions the trial court's determination that the school board of Palm Beach County violated the Fourteenth Amendment rights of the black principal of an almost entirely black senior high school by failing to appoint him to a principalship vacancy in a newly-integrated senior high school in the course of compliance with Court-ordered integration and by his subsequent demotion to the principalship of a junior high school; Decided: 6 March 1975]
20-10 Robertson, Irby J., Sr. v. Douglas Steamship Company No. 74-1032 [No. 74-1032: Appellant shipping company challenged the decision of the United States District Court for the Eastern District of Louisiana, which awarded damages to appellee longshoreman who was injured while working on one of appellant's vessels; Decided: 28 March 1975]
20-11 Schexnayder, Mrs. John S., et al. Bunge Corporation, et al. No. 73-3311 [No. 73-3311: Appellant residents sought review of the judgment of the United States District Court for the Eastern District of Louisiana, which held for appellee corporations in a suit alleging damages caused by appellees' operation of grain elevators close to appellants' neighborhood; Decided: 28 February 1975]
20-12 Spinks, Donnie E. v. Chevron Oil company and Barge Facilities, Inc.' Labor Services, Inc., et al. No. 73-3618 [No. 73-3618: Appellant seaman sought review of a judgment rendered by the United States District Court for the Middle District of Louisiana, which denied him relief under the Jones Act after determining that his negligence was the sole proximate cause of his injuries. Appellee employer and third-party employer filed counter claims and cross-claims for indemnity; Decided: 27 January 1975]
20-13 Tramel, Arthur L., et al. v. George Schrader, et al. No. 74-1096 [No. 74-1096: Appellant Dallas Texas residents challenged the judgment of the United States District Court for the Northern District of Texas that dismissed their claim for lack of jurisdiction and denied their request for a three judge panel. Appellants' cause sought to enjoin the collection of special street improvement assessments by appellee Dallas Texas officials; Decided: 6 January 1975]
20-14 Tomlin, John F., Trustee v. The Ceres Corporation, et al. No. 74-1092 [No. 74-1092: Defendant guarantor appealed a judgment from the United States District Court for the Western District of Texas, which found that defendant was liable to plaintiff for partial payment of a note. Defendant claimed that he was discharged from liability under the guaranty contract, that he was entitled to credit for certain payments, and the defaulting corporation contracted to indemnify him; Decided: 29 January 1975]
20-15 United States of America v. George Leo Barfield No. 74-2252, 74-2487 [Nos. 74-2252, 74-2487, 74-2616: Defendant juveniles challenged the judgments of the United States District Court for the Middle District of Florida, which convicted them of burglarizing a bank. Two defendants argued that their statements were erroneously admitted into evidence. A third defendant claimed his rights were violated by an unconstitutional search; Decided: 24 January 1975]
20-16 United States of America v. John Henry Bright, Jr. No. 74-2329 [No. 75-2992: Appellant sought review of the judgment from the United States District Court for the Southern District of Texas, which convicted him of bail jumping. Appellant claimed that the statute did not apply to his failure to surrender to a marshal because the marshal was not a judicial officer of the court; Decided: 27 October 1976]
20-17 United States of America v. Robert Gray No. 74-2282, 74-2283 [Nos. 74-2282, 74-2283: Appellant challenged his conviction in the United States District Court for the Western District of Louisiana for income tax evasion and filing a false and fraudulent income tax return. Appellant alleged that the evidence was insufficient to prove criminal intent; Decided: 7 February 1975]
20-18 United States of America v. Eugene Cecil McKim No. 74-1335 [No. 74-1335: Appellant sought review from the United States District Court for the Southern District of Texas, in which the court affirmed his conviction for escape from federal custody after a conviction for possession of marijuana was reversed because probable cause was lacking to search defendant; Decided: 17 March 1975]
20-19 United States of America v. Raul Montelongo, Ignacio Montelongo No. 74-1685 [No. 74-1685; Defendants appealed a decision of the United States District Court for the Southern District of Texas convicting them of conspiracy to distribute marijuana, possession with intent to distribute marijuana, and distribution of marijuana; Decided: 29 January 1975]
20-20 Woolf, Shirley and Robert Milberg v. S. D. Cohn & Company and Sidney D. Cohn; Fiberglass Resources Corporation Nos. 73-4044, 74-2449 [Nos. 73-4044, 74-2449: On appeal from the United States District Court for the Southern District of Florida, petitioners sought rehearing in connection with an action concerning the required disclosure to private investors in the private placement context; Decided: 14 February 1977]
20-21 Perry, Melvin and Next Friend, Phyllis Brown v. Clarence Jones, et al. No. 74-1363 [No. 74-1363: Plaintiff arrestee challenged the decision of the United States District Court for the Northern District of Texas, which directed verdicts for appellees, chief of police, a police officer, and deputy sheriffs, in plaintiff's civil rights action after it denied plaintiff's motion for a mistrial; Decided: 20 January 1975]
20-22 Ashley, Troy Shelton v. The City of Macon, Georgia, J. F. Flynt, et al. No. 74-1602 [No. 74-1602: Appellants attack as unconstitutional the regulations of the City of Macon, Georgia, Police Department limiting the length of hair of male police officers and prohibiting long sideburns, moustaches and beards; Decided: 2 January 1975]
20-23 Challoner, Hawley K., et al. v. Day and Zimmermann, Inc., et al. No. 74-1555 [No. 74-1555: Defendant manufacturer challenged the decision of the United States District Court for the Eastern District of Texas which held that the strict liability principles of Texas law governed the case. A jury then awarded damages to plaintiff soldiers, injured and killed due to the premature explosion of an artillery round; Decided: 24 April 1975]
20-24 Clemmons, Johnny v. Officer Greggs, et al. No. 74-2137 [No. 74-2137: Plaintiff prisoner sought review of a judgment of the United States District Court for the Southern District of Alabama, which decided against plaintiff in his suit for damages for an alleged infliction of cruel and inhuman punishment by defendant prison guard. The district court found that defendant's conduct was not motivated by malice or ill will, but was a spontaneous reaction that did not constitute the infliction of punishment; Decided: 20 March 1975]
20-25 Dore, William O., et al. v. Thomas J. Kleppe, et al. No. 74-1614 [No. 74-1614: Plaintiffs sought review of a decision of the U.S. District Court for the Eastern District of Louisiana, that granted defendant's motion to dismiss an action under the Southeast Hurricane Disaster Relief Act, ruling that the action was barred by the statute of limitations; Decided: 14 November 1975]
20-26 Fitzgerald Motor Company, Inc. et al. v. Commissioner of Internal Revenue. No. 74-1291 [No. 74-1291: Appellant taxpayers, corporations owned by the same individual, sought review of the judgment of the Tax Court of the United States, which entered judgment against appellants on their petitions for a redetermination of deficiencies in taxes that were assessed by appellee Commissioner of Internal Revenue; Decided: 28 February 1975]
20-27 Gladwell, Ruth, et al. v. Nationwide Mutual Insurance Company, et al. No. 74-1369
20-28 Golden, Harold S., et al. v. Biscayne Bay Yacht Club, et al. No. 74-1349 [No. 74-1349: Defendant yacht club sought a rehearing of the court's decision that held in favor of plaintiff applicants and ruled that defendant violated United States Constitution amendment XIV when it denied membership to persons of the Jewish religion and black race; Decided: 15 April 1976]
20-29 Herrera, Benjamin v. United States of America No. 74-2132 [No. 74-2132: Appellant inmate challenged the decision of the United States District Court for the Southern District of Florida, which denied appellant relief for the failure of appellant's trial judge to disclose, while accepting appellant's plea of guilty, that appellant would be ineligible for parole; Decided: 24 January 1975]
20-30 Horowitz, Carey M. v. C. Murray Henderson, Warden, et al. No. 74-2759 [No. 74-2759: Respondent warden challenged the judgment from the United States District Court for the Western District of Louisiana, which granted petitioner prisoner's habeas corpus application on the ground that the court-appointed counsel's representation of petitioner was ineffective in his state criminal proceedings; Decided: 12 June 1975]
20-31 Martin, Hammy v. M/V war Admiral in rem, et al.; Deep Water Operators, Inc., et al. No. 74-1690 [No. 74-1690: Appellant victim challenged a decision from the United States District Court for the Western District of Louisiana, which awarded him damages for injuries caused by appellant corporation's negligence. Appellant also sought contribution for attorney's fees from appellee insurance carrier and appellant corporation challenged the finding of negligence; Decided: 10 February 1975]
20-32 In the Matter of: Christopher John McLoughlin, et al.; Marion B. Stokes, et al v. Trust Company of Georgia No. 74-1428 [No. 74-1428: Appellant trustee sought review of a decision of the United States District Court for the Northern District of Georgia, which affirmed referee's decision that appellee bankruptcy trustee could sell bankrupt's interest in the corpus of a trust. Appellee challenged the district court's determination that bankrupt's rights to support payments was nontransferable and outside his control; Decided: 27 January 1975]
20-33 Skidmore, Mitchell P., et al. v. Wilbur H. Grueninger, et al: Ohio River Co., et al. No. 74-1548 [No. 74-1548: In a maritime wrongful death action, plaintiffs, adult offspring of decedent, sought review of a decision of the United States District Court for the Eastern District of Louisiana holding that defendant barge company was not liable and denying recovery for loss of society. The other defendants cross-appealed a determination of no liability on the part of defendant and the finding of no contributory negligence on the part of plaintiff; Decided: 20 January 1975]
20-34 St. Jules, Howard J. v. W. J. Estelle, Jr., Director, et al. No. 74-2010 [No. 74-2010: Petitioner sought review of his conviction and sentence for burglary; Decided: 20 December 1974]
20-35 United States of America v. Edward Henry Ashdown, Charles E. Graham Jr. No. 73-3020 [No. 73-3020: Defendants appealed the decision of the United States District Court for the Western District of Texas, that convicted them of securities fraud under and mail fraud; Decided: 17 March 1975]
20-36 United States of America v. Harry Conway No. 74-2284 [No. 74-2284: Appellant sought review of his convictions in the United States District Court for the Southern District of Texas for malicious attempt by means of explosives to bomb a building affecting interstate commerce and of traveling in interstate commerce with intent to promote the unlawful activity of arson; Decided: 12 February 1975]
20-37 United States of America v. James W. Erwin No. 74-2672 [No. 74-2672: Defendant appealed his conviction in the United States District Court for the Western District of Texas for possessing an unregistered sawed-off shotgun; Decided: 10 February 1975]
20-38 United States of America v. Louis Landay No. 74-2640 [No. 74-2640: Appellant sought review of a judgment from the United States District Court for the Northern District of Georgia, which revoked appellant's probation on an indictment of causing the interstate transportation of forged securities; Decided: 23 May 1975]
20-39 Walter, Ahto v. Marine Office of America, et al; Fireman's Insurance Company, et al. [Insurance Co. of the State of Pennsylvania, et al; United States of America] No. 73-3866 [No. 73-3866: Appellant challenged the judgment of the United States District Court for the Eastern District of Louisiana, which held that appellees' insurance policies did not provide coverage since appellant's vessel had been delivered by the shipbuilder; Decided: 16 August 1976]
20-40 Whitaker, Andrew Earl v. W. J. Estelle, Director, et al. No. 74-2520 [No. 74-2520: Appellant sought review of the judgment of the United States District Court for the Northern District of Texas which denied appellant's petition for a writ of habeas corpus claiming illegal arrest and detention, involuntary confession, and state court's lack of jurisdiction to try him as an adult; Decided: 6 March 1975]
20-41 White, Kenneth v. Mar-bel, Inc., et al. No. 74-1101 [No. 74-1101: Plaintiff appealed the judgment of the United States District Court for the Middle District of Florida, finding his patent invalid for obviousness and denying his claim for damages based on patent; Decided: 6 March 1975]
20-42 Berdeaux, Erma P. v. Gamble Alden Life Insurance Company No. 74-2196 [No. 74-2196: Defendant insurer appealed a judgment of the U.S. District Court for the Middle District of Alabama upon a jury verdict for plaintiff beneficiary that a pickup truck in which insured was killed in an accident was a private passenger automobile within the meaning of defendant's policy; Decided: 19 March 1976]
20-43 Bond, William, et al. v. Alton White, et al. No. 74-1973 [No. 74-1973: Plaintiff black residents and registered voters appealed the judgment of the United States District Court for the Middle District of Georgia, which denied plaintiffs' request for attorneys' fees in their action for an injunction to enjoin the enforcement of a state election law. A previous three-judge panel of the district court, which granted the injunction, had been convened under the Voting Rights Act of 1965; Decided: 7 March 1975]
20-44 Cruz, Fred A., et al. v. W. B. (Bill) Hauck, et al. No. 74-2783 [No. 74-2783: Appellant inmates challenged the judgment of the United States District Court for the Northern District of Texas, which resolved their action based on denial of access to legal materials, by adopting, with slight modification, revised rules propounded by appellee county jail officials. Appellants argued that the case was improperly referred to a magistrate and that the revised rules were not adequate; Decided: 30 June 1975]
20-45 Davis, V. A., et al. v. M/V "Ester S", et al. and The Barge "Aunt Mame"; Steuart Transportation Company No. 74-1933 [No. 74-1933: Appellant barge owner sought review of the decision of the United States District Court for the Middle District of Florida, that ruled in favor of appellee pilot association in its action to recover for pilot services. The district court held that Florida's pilotage statute was not preempted by federal law as applied to the barge because it was not a "coastwise seagoing steam vessel" on which federal pilots were required; Decided: 24 March 1975]
20-46 National Labor Relations Board v. Unoco Apparel, Inc. No. 74-2978 [No. 74-2078: Petitioner labor relations board sought enforcement of an order requiring respondent company to furnish union with financial information and other relevant material to support respondent's claim of inability to afford any wage increases; Decided: 5 March 1975]
20-47 Riegel Fiber Corporation v. Anderson Gin company, et al. No. 2120 [No. 74-2120, 74-2121: Plaintiff appealed from an order of the United States District Court for the Northern District of Alabama, which entered judgment in favor of defendants in plaintiff's action under Alabama law to have contracts for the sale of cotton declared valid and specifically enforced; Decided: 9 May 1975]
20-48 Sanders, Bettye A. v. United States of America No. 74-1862 [No. 74-1862: Appellant United States challenged an order of the United States District Court for the Northern District of Alabama, which entered judgment in favor of appellee widowed taxpayer in an action alleging appellee was not an innocent spouse protected by statute and was responsible for untaxed underreported income; Decided: 7 March 1975]
20-49 Sapp, Tim, et al. v. Dr. Carl G. Renfroe, et al. No. 74-2418 [No. 74-2418: Plaintiff student appealed the decision of the United States District Court for the Northern District of Georgia, which ruled in favor of defendant school board in an action filed by plaintiff that claimed that his exclusion from school for failure to attend Reserve Officers' Training Corps violated his freedoms of religion and speech; Decided; 11 April 1975]
20-50 State National Bank of El Paso, Trustee for Lee Moor Children's Home v. United States of America No. 74-2276 [No. 74-2276: Appellant government sought review from the United States District Court for the Western District of Texas, in which appellee bank, as trustee, was granted a directed verdict in an action for a refund of federal income taxes paid to appellant; Decided: 13 March 1975]
20-51 Sulmeyer, Irving and Arnold L. Kupetz, Co-Trustees in Bankruptcy for Bubble up Corporation v. Coca-Cola Company No. 73-2231 [No. 73-2231: Appellants sought review of a judgment of a United States District Court, which denied their motion for judgment notwithstanding the verdict and their alternative motion for a new trial, in their suit against appellee under the Sherman Act; Decided: 11 July 1975]
20-52 Turner, John E. v. Big Four Automotive Equipment Corporation No. 74-1273 [No. 74-1273: Appellant tire mechanic challenged the decision of the United States District Court for the Northern District of Mississippi, which directed a verdict in favor of appellee tire equipment manufacturer; Decided: 10 April 1975]
20-53 Umphres, L. W. v. Shell Oil Company No. 73-4006 [No. 73-4006: Appellant former service station operator challenged a judgment of the United States District Court for the Southern District of Texas that directed a verdict for appellee oil company in an antitrust action. Appellant alleged that appellee engaged in anticompetitive practices, price-fixing, price discrimination, and illegal tie-in arrangements in violation of the Sherman and Clayton Acts, and Clayton Act as amended by the Robinson-Patman Act; Decided: 30 April 1975]
Box 21: O-21/ a. 7 October 1974 – 17 January 1975/ b. 30 September 1968 – 30 May 1969
21-1 United States of America v. Jeffrey Roy Brasseaux No. 74-2882 [No. 74-2882: Appellant sought review of an order from the United States District Court for the Middle District of Louisiana, which convicted appellant of participation in a conspiracy to obstruct justice; Decided: 5 March 1975]
21-2 United States of America v. Lorchid Goff No. 74-2648 [Nos. 74-2648, 74-2847: Appellant sought review of the judgment of the United States District Court for the Eastern District of Louisiana in which appellant was convicted of mail fraud. Appellant claimed that the jury selection process in his case violated the standards of the Jury Selection Act of 1968; Decided: 13 March 1975]
21-3 United States of America v. Herbert Mikelberg, Anthony F. Caterine No. 74-2518 [No. 74-2518: Defendants appealed a judgment from the United States District Court for the Northern District of Texas, which convicted them of fraudulently using credit cards to obtain goods or services having a retail value of $5,000; Decided: 11 August 1975]
21-4 United States of America v. Clarence J. Quinn, Jr. No. 74-2309 [No. 74-2309: Defendant appealed an order from the United States District Court for the Northern District of Georgia, which convicted him of extortion and attempted extortion under the Hobbs Act; Decided: 23 June 1975]
21-5 United States of America v. Rex Stidham Windom No. 74-2935 [No. 74-2935: Defendant appealed from a judgment entered by the United States District Court for the Eastern District of Louisiana, which convicted him of publishing and uttering as true eight government checks bearing forged endorsements knowing the endorsements to have been forged; Decided: 7 April 1975]
21-6 Winningham, Janice, et al. v. United States Department of Housing and Urban Development, et al. No.74-1730 [No. 74-1730: Plaintiff tenant appealed the decision of the United States District Court for the Southern District of Georgia, which denied declaratory relief in plaintiff's action challenging the constitutionality of the Housing and Urban Development Act of 1965 and upheld the statute as constitutional; Decided: 1 May 1975]
21-7 Weeks, Winford Anthony v. W. J. Estelle, Jr., Director, et al. No. 74-2134 [No. 74-2134: Petitioner state prisoner appealed a judgment from the United States District Court for the Southern District of Texas denying federal habeas corpus relief; Decided: 17 March 1975]
21-8 American Liberty Insurance Company v. Arlean L. Smith, et al. No. 24, 926
21-9 Brown, H. Rap, et al v. Ramsey Clark, et al. No. 25, 386
21-10 Butler, William E. v. United States of America No. 23, 881 [No. 23,881: Defendant indicted with unlawfully, willfully, and knowingly using a communication facility, to wit, a telephone, in attempting to commit an act constituting an offense; Decided: 16 April 1962]
21-11 Dillingham, Clarence v. Wilbur J. Cohen, Secretary of Health, Education, and Welfare No. 25, 868 [No. 25,868: Appellant applicant sought review of the district court's judgment that affirmed appellee secretary's denial of Social Security disability benefits to appellant. Appellant contended that appellee's findings were not supported by substantial evidence; Decided: 26 November 1968]
21-12 Giles, John D. a/k/a Johnny Cosack v. United States of America No. 25, 461 [No. 25,461: Defendant appealed conviction, by a jury, on five counts of possession of a letter containing a United States check for $190.50 stolen from the United States Mail, knowing the same to be stolen; Decided: 9 October 1968]
21-13 Henderson, George J. v. Alwynn Cronvich No. 25, 605 [No. 25,605: Defendant sought review of a judgment rendered by the United States District Court for the Eastern District of Louisiana, which denied his petition for a writ of habeas corpus after he was being held in state custody under an information for an offense less than capital. Defendant claimed on appeal that his detention upon a bill of information rather than an indictment violates his federal constitutional rights; Decided: 4 November 1968]
21-14 Kennedy and Ely Insurance, Inc.v. Richard G. Hershey, Director of the Deputy of Insurance, et al. No. 25, 705 [No. 25,705: Plaintiff insurance company liquidator filed an action against defendant insurance company for recovery of the amount of insurance premiums allegedly due it on policies written by defendant acting as an agent of plaintiff; Decided: 26 November 1968]
21-15 Lemmons, Luella E., et al. v. Zurich Insurance Company No. 25, 602 [No. 25,602: Appellant widow appealed the order of the United States district court, which granted summary judgment to appellee, general liability insurer of her husband's employer, in an action by appellant for the wrongful death of her husband; Decided: 5 November 1968]
21-16 Monroe Manufacturing Company, et al v. National Labor Relations Board No. 25, 421 [No. 25,421: Petitioner company sought review of the order of respondent National Labor Relations Board, which certified the union as the representative of petitioner's truck drivers and issued a complaint for its failure to bargain with the union, in a case where petitioner claimed that the certification was invalid because the unit was improper and because its objections to conduct affecting the election were overruled without a hearing; Decided: 30 October 1968]
21-17 Muscarelle, Joseph L., Inc., et al v. American Timber & Trading Company, Inc. No. 25, 240 [No. 25,240: Defendant government construction contractor appealed from the denial by the U.S. District Court for the Canal Zone of a stay of plaintiff supplier's Miller Act suit pending arbitration; Decided: 25 November 1968]
21-18 National Labor Relations Board v. the Borden Company No. 25, 377 [No. 24,294: Petitioner, National Labor Relations Board, sought enforcement of an requiring respondent employer to cease and desist its antiunion conduct and to reinstate a discharged employee based on petitioner's finding that respondent violated the National Labor Relations Act; Decided: 4 March 1968]
21-19 Prassel Enterprises, Inc. v. Allstate Insurance Company No. 25, 628
21-20 Scott, Eddie, et al. v. W. (Woody) Davis, et al. No. 25, 518 [No. 25,518: Appellants sought review of a ruling from the district court, which denied appellants' motion for preliminary injunction and dismissed appellants' complaint for declaratory and injunctive relief pursuant; Decided: 6 December 1968]
21-21 Singleton, Derek Jerome, et al. v. Jackson Municipal Separate School District, et al. No. 25, 780
21-22 Stockham Valves and Fittings, Inc. v. Arthur J. Schmitt Foundation, et al. No. 24, 614
21-23 Taylor, Monroe v. the S. S. Helen Lykes, et al. No. 25, 101 [No. 25,101: Appellant longshoreman challenged the decision of the district court, which dismissed his suit in admiralty to recover damages for personal injuries sustained while he was at work aboard a merchant vessel, stowing bagged cargo; Decided: 31 October 1968]
21-24 Theriault, Harry William v. United States of America No. 25, 016 [No. 25,016: Defendant convicted on four counts of making, forging and counterfeiting money orders and on one count of retaining and concealing stolen money orders; Decided: 31 October 1968]
21-25 United States of America v. Anthony G. Brocato, Trustee in Bankruptcy for W. P. Tinsley, d/b/a Pick & Peck Drive-In Grocery, Bankrupt No. 25, 687 [No. 25,687, 25,747: Appellant government sought review of judgments of the district court, which were consolidated on appeal because the cases were identical in all relevant respects, that affirmed referee rulings that the Small Business Administration was not entitled to priority in bankruptcy proceedings of appellee bankrupt businesses; Decided: 30 October 1968]
21-26 United States of America v. W. M. Webb, Inc., et al. No. 25, 674 [No. 25,674: Defendant taxpayers were the owners of commercial fishing boats. Fishing was carried out through contractual arrangements with boat captains who staffed the boats and managed their day-to-day operation. The crucial legal issue was whether the captain and crewmen were the employees of the owners within the meaning of the Federal Insurance Contributions Act and the Federal Employment Tax Act; Decided: 27 April 1970]
21-27 Bankers Commercial Life Insurance Company, et al. v. American Hospital Association, et al. No. 25, 947
21-28 Berman, Mortimore Charles v. United States of America No. 26, 034
21-29 Bruce, Homer L., et al. v. United States of America No. 26, 165
21-30 Burton, Zearl T. and Anthony Earl v. United States of America No. 26, 233 [No. 26,233: Appellant sought review of an order of the United States District Court of Texas, that overruled his motion to dismiss the indictment and suppress evidence for conviction under the National Firearms Act for possession of a sawed-off shotgun; Decided: 30 July 1969]
21-31 Delta Drilling Company v. National Labor Relations Board No. 25, 790 [No. 25,790: Petitioner employer filed a petition to review and set aside an order of respondent National Labor Relations Board, which found that petitioner was in violation of the National Labor Relations Act in refusing to bargain with the certified representative of its employees; Decided: 13 January 1969]
21-32 De Vargas, Paula Arguello v. Immigration & Naturalization Service No. 26, 041 [No. 26,041: Plaintiff brought suit against his employer, Missouri Pacific Railroad, to recover damages for vacation benefits he asserts that he is entitled to under the Universal Military Training and Service Act; Decided: 20 November 1967]
21-33 Dugger, Richard L. v. Missouri Pacific Railroad Company No. 25, 710 [No. 25,710: Plaintiff brought suit against his employer, Missouri Pacific Railroad, to recover damages for vacation benefits he asserts that he is entitled to under the Universal Military Training and Service Act; Decided: 20 November 1967]
21-34 Gallegos, Louis Robert v. United States of America No. 25, 864
21-35 Household Goods Carriers' Bureau v. John J. Terrell, et al. No. 25, 989
21-36 The National Foundation v. City of Forth Worth No. 25, 739
21-37 Nowell, Ames vs. Alexander C. Dicks No. 24, 975 [No. 24,975: In plaintiff attorney's action to recover legal fees, defendant client appealed a judgment of the United States District Court, which awarded damages to plaintiff attorney; Decided: 4 August 1969]
21-38 Russell-Newman Manufacturing Company, Inc. v. National Labor Relations Board No. 25,401 [No. 25,401, 25,491: The court addressed respondent National Labor Relations Board's attempt to enforce an order for petitioner employer's alleged violations of the National Labor Relations Act by increasing wages at its non-union plant but not its union plant and proposing to sell a building after the union won an election; Decided: 24 January 1969]
21-39 Simons, Edward J., et al v. United States of America No. 25, 945 [No. 25,945: Appellant alleged landowners sought review of a judgment from the United States district court, which dismissed appellants' action against appellee United States for the value of oil royalties or the value of the oil produced from certain land and other damages under the Federal Tort Claims Act; Decided: 25 June 1969]
21-40 Silverman, Ely vs. the State Bar of Texas No. 25, 582 [No. 25,582: Appellant attorney sought review of a decision by a United States District Court, which denied his challenge to the validity of an opinion of appellee state bar that prevented registered patent attorneys from listing themselves as such in directories if they also handled state law cases; Decided: 11 December 1968]
21-41 Sitton, Russell Harold, et al. v. United States of America, et al. No. 25, 685 [No. 25,685: Appellants, husband and wife, challenged an order of the United States District Court, which entered judgment for appellee guarantor in its action for a deficiency judgment and dismissed appellant's third-party complaint alleging that another was liable for the deficiency; Decided: 30 July 1969]
21-42 Strachan Shipping Company, et al. v. R. J. Shea, Deputy Commissioner, et al. No. 25, 880 [No. 25,880: Plaintiff appealed a judgment of the court to grant compensation to an employee who was injured while working on board the Plaintiff's vessel; Decided: 13 January 1969]
21-43 Turman, Otis E. v. Dr. George J. Beto, Director, et al. No. 25, 591 [No. 25,591: Appellant seeks review of the decision handed down by the Criminal District Court for Dallas County, Texas, which convicted him of felony rape and sentenced him to imprisonment for a term of from five to fifty years; Decided: 16 December 1968]
21-44 Tyler Pipe and Foundry Company vs. National Labor Relations Board No. 25, 146 [No. 25,146: Petitioner employer sought review of an order of respondent board, the National Labor Relations Board, which found that petitioner had committed unfair labor practices in violation of the National Labor Relations Act; Decided: 11 February 1969]
21-45 Wellman, Walter George v. United States of America No. 25, 849 [No. 25,849: Defendant appealed his conviction in the district court, which convicted him of the interstate transportation of a firearm after he had previously been convicted of two felonies; Decided: 5 August 1969]
21-46 Blackwell, Charles Quinn, Jr. v. United States of America Nos. 25, 522, 25,523 [Nos. 25,522, 25,523: Defendant challenged judgments of the district court, which convicted him of conspiracy of mail fraud and traveling in interstate commerce to carry on the unlawful activity of arson; Decided: 16 January 1969]
21-47 Blackwell, Olin G., Warden, et al. v. Richard Reed Criswell No. 25, 861 [Nos. 25,746, 25,744, 25,861, 25,886: Appellant United States sought review of a decision that credited appellee prisoners with time spent in jail prior to sentencing; Decided: 3 January 1969]
21-48 Blackwell, Olin G., Warden, et al. v. Rufus Killis Sellers, Jr. No. 25, 886 [Nos. 25,746, 25,744, 25,861, 25,886: Appellant United States sought review of a decision that credited appellee prisoners with time spent in jail prior to sentencing; Decided: 3 January 1969]
21-49 Carson, Burgess Melvin v. United States of America No. 25, 659 [No. 25,659: Defendant appealed his conviction for failing to submit to induction into the armed forces of the United States; Decided: 8 May 1969]
21-50 England, James H. v. United States of America No. 26, 352 [No. 26,352: Appellant victim challenged the district court judgment in favor of appellee government in his personal injury action under the Federal Tort Claims Act arising out of his fall from appellee's motorized golf cart, and contended that the findings were not supported by the evidence; Decided: 30 December 1968]
21-51 Faircloth, Frances and Ruel v. James Fletcher Hester No. 26, 390 [No. 26,390: Appellant sought review of the District Court's charge to the jury, challenging that the court's instructions to the jury was confusing and prejudicial; Decided: 19 December 1968]
21-52 General Electric Company v. Local Union 191, Affiliated with International Union of Electrical Radio, et al. No. 26, 258 [No. 26,258: On remand from the Supreme Court of the United States, the court reviewed its decision affirming the order dissolving a state court injunction in favor of appellant electric company that restrained appellee union from striking in breach of the terms of a collective bargaining agreement; Decided: 18 May 1971]
21-53 Halling, George Bruce v. United States of America No. 26, 048 [No. 26,048: Appellant was convicted on both counts of a two count indictment charging him, respectively, with selling cocaine and with transferring marijuana. He was sentenced to five years imprisonment on each count with the sentences to run concurrently; Decided: 23 December 1968]
21-54 Herringdine, Linda Diane and Joseph R., et al v. Carolyn Ann Roof Barger No. 26, 094 [No. 26,094: Plaintiff brought suit against the defendant claiming negligence; Decided: 30 December 1968]
Box 22: 30 September 1968- 30 May 1969
22-1 Arrington, Ed, et al v. The City of Fairfield, et al. No. 26,781 [No. 26,781: Appellants, African American city residents, challenged a ruling of the federal district court, which dismissed appellants' class action against appellees, a city, realty company, and others, in which appellants sought injunctive relief under federal law and the U.S. Constitution to prohibit appellee city from removing appellants from their homes; Decided: 7 August 1969]
22-2 A. H. Belo Corporation. v. National Labor Relations Board Local Union No. 1257 Nos. 25,991, 26,459 [Nos. 25,991, 26,459: Petitioner corporation sought review of a decision of respondent, National Labor Relations Board, which found that petitioner violated the National Labor Relations Act. On a modification petition, cross-petitioner union sought review of the decision of respondent, which denied a request for data and denied reimbursement for lost wages and fringe benefits; Decided: 23 May 1969]
22-3 Cain, Mildred C. and husband James Cain, Sr. v. Chester George, et al. No. 26,372 [No. 26,372: Plaintiff parents of deceased child sought review of the decision of the district court, which entered a final judgment in favor of defendant motel owners, and dismissed the action on its merits. Plaintiffs, in a diversity of citizenship case, brought a wrongful death action for the death of their son who died of carbon monoxide poisoning while a guest in appellees' motel; Decided: 23 May 1969]
22-4 Davis, Clifford H. v. United States of America No. 26,202 [No. 26,202: Defendant challenged the judgment of the United States District Court, which convicted defendant of entering a bank with the intent to commit larceny therein, and for aiding and abetting in the commission of the offense; Decided: 14 April 1969]
22-5 Edwards, Ken J. v. Allied Chemical Corporation, et al. No. 26,649 [No. 26,649: Appellant business negotiator sought review of an order from the United States District Court of Texas, which granted summary judgment in favor of appellees, oil and gas businesses, denying appellant recovery under a contract for per diem and contingent royalty payments because of unsuccessful oil concession negotiations with Saudi Arabia; Decided: 16 July 1969]
22-6 Genecov, A. S. and wife, Hilda Genecov v. United States of America No. 26,139 [No. 26,139: Appellant taxpayers challenged the judgment of a United States District Court, that appellants' stock became worthless in earlier years and the taxpayers were thus not entitled to recover the tax deficiency paid; Decided: 11 June 1969]
22-7 Griffin, Alfred v. Missouri Pacific Railroad Company and the Kansas City Southern Railway Company No. 26,579 [No. 26,579: Appellant railroad sought a review of an order of the United States District Court in the Western District of Louisiana, which entered a judgment for appellee laborer in a personal injury suit; Decided: 27 June 1969]
22-8 Guillory, Emra P., et al. v. Aetna Insurance Company, et al. No. 26,686 [No. 26,686: Appellant insurance company challenged the ruling of the district court which denied its summary judgment motion in an action involving personal injuries; Decided: 11 September 1969]
22-9 Hunter, Rev. Robert, et al. v. Ivan Allen, Jr., et al. No. 26,570 [No. 26,570: Plaintiffs, members of a workshop in non-violence, appealed a judgment of the United States District Court, which upheld, as constitutional, five subsections of a disorderly conduct ordinance in plaintiffs' suit against defendants, law enforcement officials and mayor. Plaintiffs argued that the subsections were unconstitutionally vague or overbroad; Decided: 20 January 1970]
22-10 Kirby Lumber Corporation v. R. L. Phinney, District Director of Internal Revenue No. 26,718 [No. 26,718: Appellant Director of Internal Revenue challenged the decision of the United States District Court of the Western District of Texas, which rendered judgment in favor of appellee taxpayer for the amount of additional taxes assessed and paid plus interest; Decided: 27 May 1969]
22-11 Kiva Corporation v. Baker Oil Tools, Inc. No. 26,733 [No. 26,733: Defendant appealed the judgment of a United States District Court declaring defendant's patents for oil well tools to be invalid in plaintiff's action for a declaratory judgment that the patents were invalid and not infringed; Decided: 29 May 1969]
22-12 Smith Petroleum Service, Inc. v. Monsanto Chemical Company, et al. No. 26,137 [No. 26,137: Plaintiffs filed suit in the First Judicial District of the Circuit Court of Hinds County, Mississippi, against Monsanto Chemical Company, while the crew was in the process of pulling tube, and while the decedent was up in the derrick racking pipe, there occurred an overflow of a quantity of oil which ignited from the exhaust of a butane motor, and a flash fire ensued engulfing decedent and burning him to death; Decided: 14 December 1967]
22-13 The Citizen's National Bank of Waco, Trustee v. United States of America No. 26,796 [No. 26,796: Appellant government challenged a judgment of the United States District Court for the District of Texas reversing the decision of the commissioner of internal revenue and holding that appellee trustee was entitled to tack the holding periods of settlors to the holding periods of trusts. It alleged that the trust's basis was determined by the amount it paid for the property; Decided: 3 October 1969]
22-14 Tillery, Horace Addison v. United States of America No. 25,266 [No. 25,266: Appellant sought review of the decision of a United States District Court, which convicted him of conspiracy to transport stolen merchandise in interstate commerce. He also sought review of his conviction for receiving stolen goods. The government's case was based solely upon the testimony of a co-conspirator and accomplice; Decided: 14 May 1969]
22-15 United States of America v. Charles Herschell Dimsdale No. 26,310
22-16 Wattigney, Raymond v. Southern Pacific Company No. 26,765 [No. 26,765: Defendant employer appealed a judgment of the United States District Court. The district court found defendant negligent in a personal injury action brought under the Federal Employers Liability Act. The jury found for plaintiff employee for the sum of $25,000 less 35 percent for plaintiff's contributory negligence. The district court denied defendant's motion for a judgment notwithstanding the verdict and a new trial; Decided: 7 May 1969]
22-17 Walker, Henry E., et al. v. Olin G. Blackwell, Warden, et al. No. 26,079 [No. 26,079: Petitioner prisoners appealed the decision of the district court which held that denial of certain privileges by respondent warden was reasonable, unarbitrary, and within the constitutional limits of discretion. Petitioners alleged their rights to certain religious practices were denied and brought their claims under United States Constitution amendments I and V; Decided: 14 May 1969]
22-18 Walker, Jerry v. State of Georgia No. 26,033 [No. 26,033: Appellant challenged the order of the district court that remanded his indictments for assault to the state court and contended that the district court applied an improper legal standard in arriving at its decision to remand the cases; Decided: 3 January 1969]
22-19 William L. Bonnell Company, Inc. v. National Labor Relations Board. No. 26,108
22-20 Zayre of Georgia, Inc., et al v. the City of Marietta, et al. No. 26,161 [No. 26,161: Appellant retail department stores sought review from the denial of a motion to broaden a preliminary injunction issued by the United States District Court for the Northern District of Georgia, on the ground that unequal enforcement of the Sunday closing law denied them equal protection of the law as guaranteed by United States Constitution amendment XIV; Decided: 30 July 1969]
22-21 Kessler, Winburn v. United States of America No. 26,049
22-22 National Labor Relations Board v. Monroe Auto Equipment Company, Harwell Division No. 25,867 [No. 25,867: Petitioner National Labor Relations Board sought enforcement of its order, which found, in the absence of a hearing, that respondent employer had violated the National Labor Relations Act by refusing to bargain with the certified representative of its employees. Respondent had attacked the election, on the ground that the union had created an atmosphere that lacked impartiality; Decided: 17 January 1969]
22-23 Overton, Thomas v. United States of America No. 25,533 [No. 25,533: Appellant sought review of the judgment of the trial court, which convicted appellant for receiving a stolen vehicle in interstate commerce; Decided: 30 December 1968]
22-24 Salisbury, Henry Cook v. T. Ralph Grimes, Sheriff, et al. No. 26,179 [No. 26,179: Appellant sought review of a district court judgment, which denied his habeas corpus petition following his conviction for armed robbery; Decided: 14 January 1969]
22-25 Sellers, Cleveland Louis v. United States of America No. 26,108 [No. 26,108: Appellant was convicted of failing to comply with an order of his local Selective Service Board to report for and submit to induction into the Armed Forces of the United States; Decided: 23 January 1969]
22-26 South Side Atlanta Bank, et al. v. J. T. Thomasson, Jr., Trustee, et al. No. 26,193
22-27 United States of America v. The Board of Public Education for the City of Savannah and The County of Chatham, et al. No. 26,001
22-28 United States of America v. Samuel E. McCullough No. 25,746 [Nos. 25,746, 25,744, 25,861, 25,886; Appellant United States sought review of a decision that credited appellee prisoners with time spent in jail prior to sentencing; Decided: 3 January 1969]
22-29 United States of America v. Bland Mann Waters No. 25,744 [No. 25,746, 25,744, 25,861, 25,886; Appellant United States sought review of a decision that credited appellee prisoners with time spent in jail prior to sentencing; Decided: 3 January 1969]
22-30 National Labor Relations Board v. Master Stevedores Association of Texas and Houston Maritime Association, Inc., et al. No. 25,078 [No. 20,552: Petitioner, National Labor Relations Board, sought enforcement of its supplemental decision and order, which required respondents, employers and unions, to cease and desist from the unfair labor practices, to make three longshoremen whole for any loss of pay they may have suffered by reason of the discrimination against them, and to reimburse nonunion workers the percentages of their wages paid by them to the union; Decided: 29 September 1964]
22-31 National Labor Relations Board v. Buddy Schoellkopf Products Inc. No. 25,943 [No. 25,943: Petitioner National Labor Relations Board filed a petition for enforcement of its order issued against respondent employer based on its finding that respondent had engaged in various unfair labor practices in violation of the National Labor Relations Act; Decided: 23 April 1969]
22-32 Nelson, Lloyd v. United States of America No. 26,586 [No. 26,586: Appellant challenged a decision from the United States District Court, which convicted him of receiving, possessing, concealing, and storing stolen property. Appellant claimed multiple assignments of error; Decided: 8 September 1969]
22-33 Secretary of Health, Education &Welfare v. Otis C. Snell, Jr. No. 25,967 [No. 25,967: Appellant Secretary of Health, Education, and Welfare challenged a judgment of the United States District Court for the District of Louisiana reversing the decision of the appeals council that upheld a hearing examiner's denial of benefits and granting summary judgment to appellee school bus driver. Appellant alleged appellee's services were not covered under Social Security Act; Decided: 22 September 1969]
22-34 Thomas, Bobby Joe v. United States of America No. 26,009 [No. 26,009: Appellant challenged his convictions by a United States District Court of two counts of conspiracy, taking of money, taking and carrying away the same money, receiving and possessing the same money, and taking the same money by use of a dangerous weapon. Appellant argued that the court erred in failing to apply the Milanovich doctrine and instructing the jury that he could be found guilty on all counts; Decided: 5 November 1969]
22-35 United States of America v. $3,463.00 in United States Currency and Coin No. 26,777
22-36 Bass, R. A. and Miracle Marine Sales Company, Inc. v. Lemuel C. Hutchins, Trustee, et al. No. 25,817 [No. 25,817: Appellants, a corporation that had been adjudged bankrupt and its president, sought review of the order of the district court, requiring a turnover to the trustee in bankruptcy of a sum withdrawn from a corporate account by appellant president, contending that the district court lacked subject matter jurisdiction over the case under the Bankruptcy Act; Decided: 16 October 1969]
22-37 Board of Public Instruction of Palm Beach County, Florida v. Wilbur J. Cohen, et al. No. 27,073 [No. 27,073: Appellant Secretary of the Department of Health, Education, and Welfare challenged a judgment of the United States District Court, which enjoined appellant's deferral of consideration of applications for federal financial assistance to new programs or activities by appellee school board; Decided: 3 June 1969]
22-38 Clifton, Claude C. v. Dr. George J. Beto, Director, et al. No. 26,851 [No. 26,851: Defendant sought review of the District Court's decision to deny him habeas Corpus relief; Decided: 7 May 1969]
22-39 Cohen, Wilbur J., et al. v. Pedro Perales No. 26,238 [No. 26,238: Appellant Secretary of Health, Education, and Welfare sought review of the decision of the court, which found in favor of appellee individual. Appellant filed a Petition for Rehearing stating that under the court's prior decision, uncorroborated hearsay evidence could never be substantial evidence that would have supported a decision of a hearing examiner adverse to a claimant in a social security disability case; Decided: 10 October 1969]
22-40 Davis, Howard v. A. L. Firement, et al. No. 25,222
22-41 Davis, Robert Harry v. United States of America No. 26,128 [No. 26,128: Appellant sought review of a judgment of a federal district court, which was entered after a jury found him guilty of importing marijuana in violation of various statutes, because he maintained the trial court improperly admitted hearsay testimony and failed to properly instruct the jury with regard to the testimony of his accomplices; Decided: 14 May 1969]
22-42 Gross, Barbara R., et al. v. Southern Railway Company No. 26,650 [No. 26,650: Plaintiff injured parties sought review of a judgment from the district court, which granted summary judgment to defendant railway in plaintiffs' negligence actions that were brought following a collision between an automobile and a freight train at a railroad crossing that resulted in the death of one person and serious injuries to another; Decided: 30 May 1969]
22-43 Grove Laboratories, et al. v. Federal Trade Commission No. 25,126 [No. 25,126: Petitioner corporation sought review of a cease and desist order and a ruling of the Federal Trade Commission finding petitioner in violation of the Federal Trade Commission Act; Decided: 14 October 1969]
22-44 Hare, Fletta M. v. Huey P. Firmin, et al. No. 26,592 [No. 26,592: Appellant tractor-trailer owners challenged a decision of the United States District Court, which awarded money damages to appellee injured woman for injuries arising from a motor vehicle collision. Appellee first instituted the action in state court, and it was later removed to the district court; Decided: 21 April 1969]
22-45 Jones, Leroy v. S. Lamont Smith, Warden, et al. No. 26,819 [No. 26,819: Appellant state challenged the order of the United States District Court of Georgia, which granted appellee inmate's petition for writ of habeas corpus on the ground that appellee's guilty plea and sentence were invalid for lack of effective assistance of counsel; Decided: 7 May 1969]
22-46 Kiker, C. W., Sr. v. Harold Hefner, et al. No. 26,854 [No. 26,854: Plaintiff taxpayer appealed a decision of the United States District Court for the Northern District of Georgia, which denied his suit to recover paid property taxes, and to enjoin a threatened sale of his property, the collection of property taxes, and the preparation of a tax digest, on the grounds that it lacked jurisdiction and the claim was barred by res judicata; Decided: 10 April 1969]
22-47 Machado, Lucrecia Sosa, et al. v. States Marine-Isthmian Agency, et al. No. 26,701 [No. 26,701: Defendant company sought review of the order of the United States District Court, which entered judgment in favor of plaintiffs, widow and son, in their wrongful death action and found that third-party defendant contractor's negligence was not the proximate cause of the decedent's death; Decided: 7 May 1969]
22-48 Marshall, Arthur Earl v. United States of America No. 26,307 [No. 26,037: Defendant appealed his conviction by the United States District Court for the Southern District of Texas for possession of an illegally made firearm; Decided: 22 January 1970]
22-49 Powell, Jerrell and Mrs. Sally Bargeron v. Lititz Mutual Insurance Company No. 26,800 [No. 26,800: Plaintiff insureds appealed the judgment of a circuit court, which granted defendant insurer judgment notwithstanding the verdict and which ordered a new trial in an action brought by plaintiffs to recover under a policy of insurance; Decided: 3 December 1969]
22-50 Smith, C. E., et al. v. Paul E. Grady, Mayor, et al. No. 25,351
22-51 Lasiter, Allen L. v. Washington National Insurance Company No. 26,488 [No. 26,488: Appellant insurance company challenged an order from a United States District Court, which entered judgment for the recovery of disability benefits for appellee doctor; Decided: 30 May 1969]
22-52 Market Insurance Company and Eva Nell Killion, et al. v. United States of America No. 26,410 [No. 26,410: Appellants, widow, minor children and insurer, challenged the decision of the District Court of Mississippi, which found for appellee United States on appellants' claim for the wrongful death of the decedent. Appellants alleged that appellee was under a non-delegable duty to ascertain the presence and location of any latent obstructions in the lake and to warn decedent; Decided: 8 September 1969]
22-53 National Labor Relations Board v. Builders Supply Company of Houston No. 26,678
Box 23: O-23 b. 6 June 1966-20 January 1967 e. 30 September 1968-30 May 1969
23-1 American Airlines, Inc. and Sara Ann Creasy v. United States of America, et al. No. 26,185 [No. 26,185: Appellant airline challenged a judgment of a United States district court that was entered in favor of appellee administrator in a wrongful death claim, and in favor of appellee United States in the third-party cause of action brought under the Federal Tort Claims Act. The case arose from an airline accident that was fatal to 58 passengers; Decided: 25 September 1969]
23-2 Associated Tabulating Services, Inc. v. Olympic Life Insurance Company No. 26,949 [No. 26,949: Defendant insurance company sought review of the decision of the United States District Court for the Northern District of Texas, which entered judgment in favor of plaintiff computer company after a jury returned a verdict in favor of plaintiff in its action for breach of contract; Decided: 14 August 1969]
23-3 Barber, Geno Henry v. United States of America No. 26,325 [No. 26,325: Appellant challenged a judgment from a United States District Court for a District in Georgia, which convicted him of bank robbery. Appellant contended that his arrest was illegal, that in-court eyewitness identifications were tainted, and that the trial court failed to give appropriate instructions or comments upon the evidence; Decided: 2 July 1969]
23-4 Bruner, Arnold H., et al. v. Republic Supply Company No. 27,022 [No. 27,022: Plaintiffs and defendant appealed from a judgment of the United States District Court of Texas, in favor of plaintiffs entered upon a jury verdict; Decided: 14 July 1969]
23-5 Bryan, Ronny L. v. Liberty Mutual Insurance Company No. 27,196 [No. 27,196: Appellant insurance carrier sought review of an order of the U.S. District Court for the Eastern District of Texas, that awarded a judgment to appellee claimant in a workmen's compensation case contending that the district court lacked jurisdiction and the factual findings of the district court were clearly erroneous; Decided: 29 July 1969]
23-6 Crosby, L. O., Jr. et al. v. United States of America No. 26,907 [No. 26,907: Plaintiff taxpayers sought review after an United States district court found that payments received under three timber purchase agreements were ordinary income; Decided: 7 July 1969]
23-7 Davis, M. I., et al. v. General Motors Corporation, et al. No. 27,274 [No. 27,274: Plaintiff seeks review of a suit against General Motors Corporation for wrongful termination; Decided: 11 July 1969]
23-8 Galbreath, Albert, et al. v. Gulf Oil Corporation No. 27,057 [No. 27,057: In an action for overtime compensation under the Fair Labor Standards Act of 1938 plaintiff truck drivers appealed an order of the United States District Court, which dismissed the action on the ground that the plaintiffs were exempt from the overtime provisions of the statute; Decided: 17 July 1969]
23-9 Hess Oil & Chemical Corporation v. National Labor Relations Board No. 21,928 [Nos. 21,928, 26,681: Various petitioners, company and labor union, sought review of decisions by the National Labor Relations Board, which issued a finding that petitioner company violated the National Labor Relations Act by refusing to bargain with petitioner labor union but set aside a previous decision in which the board found petitioner company had engaged in an illegal lockout; Decided: 2 September 1969]
23-10 Johnson, Sinclair, et al. v. Lamont Smith, Warden, et al. No. 27,016 [No. 27,016: Appellant inmate challenged the decision of the federal district court, which denied his petition for a writ of habeas corpus. Appellant asserted that he had been coerced into pleading guilty to two state indictments for burglary because his retained counsel had misrepresented to him that a federal motion to suppress had been denied, whereas it had really been granted and the state had no other evidence that would have caused him to plead guilty; Decided: 9 July 1969]
23-11 Louisiana and Arkansas Railway Company v. Missouri Pacific Railroad Company, et al. No. 27,021 [No. 27,021: Appellant rail company challenged the judgment of the district court, which denied appellant's application for an injunction to prevent an exclusive contract between port commission and appellee alternate rail company; Decided: 19 August 1969]
23-12 Posey, Billy Wayne, et al. v. United States of America No. 25,654 [No. 25,654: Defendants challenged the judgments of the United States District Court of Mississippi that, following a jury trial, convicted defendants of conspiring to violate the civil rights of three slain civil rights workers; Decided: 17 July 1969]
23-13 Schultz, George W., Secretary of Labor, et al. v. Robert B. Parke, et al. No. 26,820 [No. 26,820: Appellant, the United States Department of Labor, challenged a ruling of the federal district court, which found appellee employer in violation of the Fair Labor Standards Act but refused to grant appellant's requested injunctive relief by forcing appellee to pay previously withheld overtime compensation or prohibiting further violations by appellee; Decided: 18 July 1969]
23-14 United States of America v. Arthur Chester Banks, III No. 26,961 [No. 26,961: Appellant sought review of an order of a United States District Court that convicted him of failing to submit to military induction, on the ground that he was deprived of due process by the local selective service board's failure to reopen his classification, thereby denying his right to appeal; Decided: 11 July 1969]
23-15 United States of America v. Curtis James No. 26,944 [No. 26,944: Defendant was convicted of a five-count indictment charging insufficient evidence; Decided: 29 August 1969]
23-16 United States of America v. James Leland Johnson No. 27, 025 [No. 27,025: Defendant criminal challenged the judgment of the district court convicting him of four counts of receiving and concealing stolen motor vehicles, knowing the same to have been stolen, and to have been transported in interstate commerce; Decided: 23 July 1969]
23-17 United States of America v. Louis Johnnie B. Reed No. 26,640 [No. 26,640: After a jury found him guilty, defendant sought review of his conviction by a federal district court in Mississippi for the interstate transportation of a motor vehicle knowing it was stolen. Defendant contended that the evidence was insufficient to support a guilty verdict and that he had not received a fair trial; Decided: 1 August 1969]
23-18 United States of America v. Charles Stewart Scardino No. 27,171 [No. 27,171: Defendant sought review of a judgment of the district court, which revoked his probation and denied his motion to vacate and set aside his conviction on the ground that they were unconstitutional. The district court had previously suspended defendant's sentence; Decided: 14 August 1969]
23-19 United States of America v. Kenneth Wood No. 27,153 [No. 27,153: Appellant sought review of an order of the U.S. District Court that convicted him for failure to report as a conscientious objector and to comply with instructions to proceed for employment in lieu of active military duty and sentenced him for a period of five years, on the ground that he was qualified for ministerial status and the sentences was excessive; Decided: 22 July 1969]
23-20 Wisconsin Barge Line, Inc., et al. v. Coastal Marine Transport Company, Inc., et al. No. 26,904 [No. 26,904: Plaintiff barge and defendant insurers sought review of a judgment of the United States District Court of Louisiana, which entered judgment in favor of plaintiff in its action to recover under an insurance policy; Decided: 23 July 1969]
23-21 Bokat, George, Chief Trial Examiner, National Labor Relations Board, et al. v. Tidewater Equipment Company No. 23,446 [No. 23446: Appellants, Chief Trial Examiner and National Labor Relations Board (NLRB), sought review of the order from the district court, which issued an injunction staying action by the NLRB until the counsel of appellee employer finished his interrogation of prospective witnesses in the preparation of a defense to charges of labor law violations; Decided: 14 July 1966]
23-22 Brown, Owen Columbus v. United States of America No. 22,658 [No. 22,658: Appellant was convicted for selling whiskey without tax stamps affixed. Appellant seeks review of the decision on the basis that proof of earlier events associating him and his confederates with the moonshine operation was inadmissible; Decided: 13 October 1966]
23-23 Carter, Thomas F. and Carter Electronics Corporation v. American Telephone and Telegraph Company, et al. No. 23,556 [Nos. 23,556, 23,557: Appellants challenged the decision of a United States District Court, in a private antitrust action for treble damages and injunctive relief, that invoked the doctrine of primary jurisdiction to refer a question of tariff validity to an appropriate regulatory agency; Decided: 17 August 1966]
23-24 Clark, James G., Jr., et al. v. Amelia P. Boynton, et al. No. 23,157 [No. 23,157: Defendant sheriff appealed an order from the United States District Court, holding him in contempt of previous injunctive orders regarding plaintiff civil rights litigants and ordering him to pay a fine. Defendant claimed that he was improperly denied a jury trial and that the trial court erred in denying his motion for a new trial; Decided: 1 July 1966]
23-25 Davis, Willie Farrell v. United States of America No. 22,107
23-26 Forrest, Elliot Burt v. United States of America No. 22,795
23-27 Guyot, Lawrence, et al. v. M. B. Pierce, et al. No. 22,733 [No. 22,990: Appellant protest marchers sought review of a decision from the United States District Court which affirmed the constitutional validity of the Uniform Traffic Regulation Code, which was enacted by appellee city council; Decided: 14 February 1967]
23-28 Jacksonville Terminal Company, et al. v. Florida East Coast Railway Company No. 22,931 [No. 22,931: Appellants, recalcitrant railroad owner-lines, sought review of a judgment from the United States District Court of Florida, which ordered appellants to comply with the provisions of an agreement with appellees, demanding railroad owner-lines, that required termination of the general manager upon approval of 50 percent of the owner-lines; Decided: 7 July 1966]
23-29 McDonald's Corporation v. Richard H. Moore, et al. No. 22,977 [No. 22,977: Appellant restaurant chain challenged a decision by the United States District Court for the Southern District of Alabama, which awarded it damages for appellee's unfair competition activities arising out of hamburger sales. Specifically, appellant argued it was also entitled to injunctive relief barring appellee's activity on a theory of trademark infringement; Decided: 21 July 1966]
23-30 McMillian, Carvell, et al. v. United States of America No. 22,884 [No. 22,884: Defendants sought review of the order from the district court, which convicted them of separate violations of the liquor laws; Decided: 19 July 1966]
23-31 Nease, Garland, et al. v. United States of America No. 23,610
23-32 Oil and Gas Income, Inc. v. Woods Exploration & Producing Company, Inc., et al. No. 22,030 [No. 22,030: Appellant sought review of the decision of the court, which alleged violations of the Securities Act of 1933; Decided: 17 June 1966]
23-33 Rule, Vincente Garcia v. United States of America No. 22,270 [No. 22,270: Appellant challenged an order from the district court, which denied his petition for relief from his sentence for smuggling marijuana into the United States without declaring it at the border and for transporting it into the country without having paid the transfer tax; Decided: 17 June 1966]
23-34 Smith, Joe v. United States of America No. 23,344 [No. 23,344: Appellant sought review of an order of the lower court, which convicted him under a one-count indictment charging him with perjury; Decided: 13 July 1966]
23-35 Steingberg, Elizabeth v. Indemnity Insurance Company of North America No. 22,625
23-36 Strother, Garland, et al. v. Allen C. Thompson, et al. No. 23,033 [No. 23,033: Appellant protesters sought review of a decision of the district court which found that an ordinance enacted by appellee city was not invalid on its face and did not violate the United States Constitution Amendments I and XIV; Decided: 14 February 1967]
23-37 Student Non-Violent Coordinating Committee, et al. v. Carl Smith No. 23,114 [No. 23,114: Defendant committee challenged the decision of a United States District Court, which remanded plaintiff storeowner's case back to state court because the case was improperly removed as a civil rights case to federal court; Decided: 23 August 1967]
23-38 Tuggle, James C., vs. Eugene M. Zuckert [Harold Brown], Secretary of the Air Force No. 23,463 [No. 23,463: Appellant sought review of the decision that the Secretary be temporarily enjoined from granting him an undesirable discharge from the Air Force and from the dismissal of his complaint seeking both a temporary and permanent injunction; Decided: 28 June 1966]
23-39 United States of America v. 278.59 Acres of Land, et al. No. 23,224 [No. 23,224: Appellant, United States, sought review of a decision from the district court, which denied a motion to vacate a just compensation stipulation, found in favor of appellee landowner on the issue of title, and added interest to its judgment. Appellant abandoned all contentions except to deny liability for interest on the judgment; Decided: 5 August 1966]
23-40 United States of America v. L. F. Campbell, Circuit Clerk, et al. No. 22,656
23-41 Archie, Earnest E. v. State of Mississippi No. 22,982 [No. 22,982: Appellant seeks review of the decision that this civil rights case did not meet the requirements necessary to have it moved to the United States District Court; Decided: 7 July 1966]
23-42 Beckett, John, Jr. v. Olin G. Blackwell, Warden No. 23,322 [No. 23,322: Appellant seeks review of the conviction of counterfeiting and possession of counterfeit federal reserve notes on the basis that he was denied writ of habeas corpus; Decided: 8 July 1966]
23-43 Carmack, Herbert B. v. Wallace Gibson, Judge, et al. No. 23,133 [No. 23,133: Plaintiff appealed from a judgment of the United States District Court, which dismissed plaintiff's complaint alleging failure to state a cause of action upon which relief could be granted; Decided: 26 July 1966]
23-44 Delegal, Joe v. United States of America No. 23,213 [No. 23,213: Appellant seeks review of conviction because at his trial the Government was permitted to question him regarding prior convictions over his objection; Decided: 8 July 1966]
23-45 Grill, Kenneth Lee v. United States of America No. 23,267 [No. 23,267: Appellant moved to vacate sentences on the basis that he alleges that he was mentally incompetent at the time of his guilty plea; Decided: 8 July 1966]
23-46 Jenkins, Murphy, Jr. v. United States of America No. 22,593 [No. 22,593: Appellant moved to vacate sentence, alleging that he was improperly sentenced for two offenses; Decided: 8 July 1966]
23-47 King, John J. v. United States of America No. 23,637 [No. 23,637: Appellant dealer sought review of an order from the United States District Court of Texas, which ordered forfeiture of firearms after it found that a firearms buyer willfully violated the Federal Firearms Act; Decided: 29 July 1966]
23-48 Lyles, Henry v. United States of America No. 22,901 [No. 22,901: Appellant moved to vacate sentence alleging that the District Court denied relief without a hearing. Appellant seeks review of the case to determine the validity of the original conviction; Decided: 8 July 1966]
23-49 Mancuso, Carmelo v. United States of America No. 22,171 [No. 22,171: Appellant moved to vacate sentence alleging that he was under the influence of drugs at the time of his indictment waiver, upon his arraignment, and when sentence was imposed, thus rendering him incapable of intelligently participating in these proceedings; Decided: 5 August 1966]
23-50 Means, Norman v. State of Alabama No. 23,156 [No. 23,156: Appellant sought review of the decision to not remove this case to the District Court, which the Supreme Court held that grounds for removal of civil rights cases to the United States District Court do not include grounds as alleged in this case; Decided: 7 July 1966]
23-51 Noriega, Anthony Scaglione v. United States of America No. 22,242 [No. 22,242: Appellant sought review of the conviction; Decided: 27 September 1967]
23-52 Pohlabel, Lawrence Mark v. United States of America No. 22,638 [No. 22,638: Appellant moved to vacate sentence alleging that he was mentally incompetent at the time of his plea of guilty and thus unable to enter such a plea; Decided: 8 July 1966]
23-53 Romanello, Mike v. Louis L. Wainwright No. 23,300 [No. 23,300: Appeallant seeks review of his conviction alleging that the search which produced the fruits of a robbery that had just occurred in the neighborhood was illegal; Decided: 8 July 1966]
23-54 Strauss, Robert L. v. United States of America No. 22,897 [No. 22,897: Appellant sought review of the order from the United States District Court for the Southern District of Florida, which overruled his motion for a new trial and affirmed his conviction for conspiracy to conceal assets in contemplation of bankruptcy; Decided: 21 July 1966]
23-55 Wainwright, L. L. v. James Edward Padgett No. 23,435 [No. 23,435: Appeallant seeks review of the Court's decision alleging denial of writ of habeas corpus; Decided: 8 July 1966]
23-56 Weir, James C. v. United States of America No. 23,336 [No. 23,336: Appellant inmate sought review of the order from a United States District Court, which denied appellant's motion to vacate his judgment of guilt and sentence on the grounds that his guilty plea was involuntary and entered upon suggestion of appointed counsel who, after consultation with the prosecutor, told appellant that the court would give his wife probation if he pleaded guilty; Decided: 8 July 1966]
23-57 Welch, Ned v. W. C. Holman, Warden No. 23,252 [No. 23,252: Appellant seeks review of his robbery conviction alleging the denial of writ of habeas corpus; Decided: 8 July 1966]
23-58 Whalen, James Edward v. United States of America No. 23,132
23-59 Argonaut Insurance Company v. Panhandle and Santa Fe Railroad Company No. 23,035
23-60 Billingsley, Henry E. v. Richard L. Mackay No. 22,996
23-61 Brown & Root, Inc. v. Big Rock Corporation, et al. No. 22, 895
23-62 Frilette, Et Al. v. Kimberlin, et al. No. 22,980
23-63 Gibson & Odom Electric Company, Inc. v. R. F. Ball Construction Company, Inc., & Fireman's Fund Insurance Company No. 22, 824
: 23-64 Gulf Coast Building & Construction Trades Council & Local Union 903, et al. v. F. R. Hoar & Son, Inc. No. 22, 849
23-65 Horwitz, Emil v. Food Town Inc., & Elmo Harelson No. 22,979
23-66 Isaacs, Elmer H. v. American Petrofina & Glen Mitchell No. 23, 177
23-67 LaFargue, Margaret Christmas, Et Al. v. Dr. Ernest C. Samuel, et al. No. 23,034
23-68 Leeds, William Lathan, et al. v. Whitney National Bank of New Orleans No. 22, 820
23-69 Naviera, Loreto Compania, S. A., et al v. Bradley and Baker and Centraal Stikstoff Verkoopkantoor, N. V. No. 22,642
23-70 Occidental Life Insurance Company of California v. Bob Leroy's Inc. No. 23,124
23-71 Paynes, James A. v. Dan Dee Lee No. 22,777
23-72 Rachal, Hal F., et al. v. Billy Joe Allan, et al. No.22, 915
23-73 Republic Aluminum Company, et al. v. National Labor Relations Board No. 22,716
Box 24: O-24/ 6 June 1966 – 20 January 1967
24-1 Russell-Newman Manufacturing Company, Inc. v. National Labor Relations Board No. 22, 955 [No. 22,955: Petitioner corporation sought review of an order of respondent National Labor Relations Board that found that during a union organizing campaign, petitioner violated the National Labor Relations Act by threats reprisal and by granting benefits. Respondent cross-petitioned for enforcement; Decided: 5 January 1967]
24-2 Shew, J. E. v. The Southland Corporation, et al. No. 23, 311 [No. 23,311: Defendant employee challenged a judgment of the United States District Court for the District of Texas that was entered in favor of plaintiff employer in an action, seeking a declaration as to its liability to pay overtime wages to a truck-driver employee, Fair Labor Standards Act (FLSA). Defendant alleged the trial court erred because plaintiff was not entitled to an exemption under FLSA; Decided: 28 December 1966]
24-3 Stell Manufacturing Company v. Ben M. Gilbert, Trustee in Bankruptcy for Herman L. Hall, Individually, et al. No. 23, 483 [No. 23,483: Appellant manufacturer sought review of a decision of the federal district court that upheld the decision of a referee denying relief to appellant in connection with its petition for reclamation of motel furniture in the possession of appellee trustee in bankruptcy; then subsequently sought a petition for rehearing; Decided: 22 December 1966]
24-4 Wirtz, W. Willard v. Tyler Pipe and Foundry Company No. 23, 489 [No. 23,489: Plaintiff United States Secretary of Labor challenged a judgment from a United States District Court determining that defendant employer's former employee was exempt from the overtime provision of the Fair Labor Standards Act of 1938 during 1964. Defendant challenged the finding that the employee was not exempt during 1963; Decided: 19 December 1966]
24-5 Beavers, Vernon Otis v. Dr. George J. Beto, Director, Texas Department of Corrections No. 23, 735 [No. 23,735: Appellant seeks review of the conviction alleging that the Court denied him writ of habeas corpus; Decided: 13 February 1967]
24-6 Breland, Billy Ray & Allen Ellender Chance v. United States of America No. 23, 163 [No. 23,163: Appellants sought review of a judgment of the United States District Court for the District of Texas, which convicted appellants of escape from a federal correctional institution at which they were serving time for other offenses; Decided: 14 February 1967]
24-7 Buffalo Bayou Transportation Company, et al. v. United States of America No. 23, 308 [No. 23,308: Appellant transportation company challenged the judgment of the United States District Court that dismissed its suit against appellee federal government. Appellant asserted that the district court erred in concluding that the Wreck Act imposed no affirmative duty upon appellee to remove wrecked vessels from waterways and that appellee was not responsible for appellant's collision with such a wrecked vessel; Decided: 17 April 1967]
24-8 Continental Assurance Corporation v. Supreme Construction Corporation, Supreme Developers, Inc. & Mildred Barker No. 23,615 [No. 23,615: Appellant insurer sought review of a judgment of the district court, which held that a life insurance policy was in full force and effect at the time of appellee insured' death. The court also held that appellant had wrongfully made a loan on the policy; Decided: 28 March 1967]
24-9 Eduardo Amador-Gonzalez v. United States of America No. 23, 480 [No. 23,480: Defendant appealed an order of the United States District Court that convicted him of the unlawful importation and knowing concealment of narcotics; Decided: 10 January 1968]
24-10 Chagas, Z. P. & Ernest May v. United States of America & John J. Berry No. 23, 547 [No. 23,547: Appellant sought review of an order of the federal district court that found appellant in contempt of court in connection with an underlying action, and found that appellant's counsel was likewise in contempt; Decided: 12 December 1966]
24-11 City of Dallas, Texas v. United States of America No. 23, 160 [No. 23,160: Appellant city challenged a judgment from a United States District Court sustaining the determination of the bankruptcy referee that appellee's tax lien pursuant to Internal Revenue Code of 1954 was superior to appellant's municipal personal property tax lien; Decided: 12 December 1966]
24-12 Dallas Typographical Union, No. 173 v. A. H. Belo Corporation No. 23, 319 [No. 23,319: Defendant employer appealed a decision of the district court, which partially affirmed an arbitrator's award of reinstatement and back pay to members of plaintiff union; Decided: 13 February 1967]
24-13 Fletcher, Albert Jack v. Cato Hightower, et al. No. 23, 249 [No. 23,249: Appellant moved to vacate sentence; Decided: 21 August 1967]
24-14 Harrison, Manuel v. John W. Gardner, Secretary, Health, Education, & Welfare Department No. 22, 655 [No. 22,655: Appellant claimant challenged a decision of a federal district court that affirmed appellee Secretary of Health, Education, and Welfare Department's denial of social security disability benefits, alleging that there was insufficient evidence that appellant had a reasonable opportunity to compete for sedentary jobs within his determined capabilities; Decided: 30 November 1966]
24-15 Haynes, Miles Edward v. United States of America No. 23, 595 [No. 23,595: Defendant sought review of an order of the United States District Court, which sentenced him for possession of a firearm that had not been registered to which he pleaded guilty; Decided: 14 February 1967]
24-16 Lawrence, G. E. as Trustee in Bankruptcy of Commercial Engineering & Manufacturing Company, Inc., et al. v. United States of America No. 22, 573 [No. 22,573: Appellants sought review of the order of the trial court that granted a directed verdict in favor of appellee and dismissed appellants' counterclaims; Decided: 9 May 1967]
24-17 Myricks, Charles James v. United States of America No. 23, 635 [No. 23,635: Defendant appealed from his conviction in a United States District Court for unlawful interstate transportation of a stolen vehicle; Decided: 11 January 1967]
24-18 National Labor Relations Board v. Neuhoff Brothers Packers, Inc. No. 23, 330 [No. 23,330: Petitioner National Labor Relations Board sought enforcement of its order against respondent employer that had found that respondent violated the National Labor Relations Act by coercive interrogations of employees during a union organization campaign and by a discriminatory discharge; Decided: 23 March 1967]
24-19 Parks, Jack v. United States of America No. 23, 046 [No. 23,046: Appellant challenged a United States District Court's judgment, which convicted him of causing the interstate transportation of falsely made and forged American Express money orders and of engaging in a conspiracy to commit the underlying offense; Decided: 22 November 1966]
24-20 Prudential Insurance Company of America v. Ruby Jean Morrow, et al. No. 23, 030 [No. 23,030: Appellant insurer sought review of a decision of the district court, which entered a judgment on remand in favor of appellee beneficiaries in their action seeking coverage under an insurance policy appellant issued to their decedent's employer. Appellant also sought review of the award of attorney's fees; Decided: 21 November 1966]
24-21 Reed, Joe & Buster Caviness v. Charles M. Forcheimer, et al. No. 23, 355 [No. 23,355: Defendants, citizens of Texas, sought review of a decision of the federal district court that rendered a verdict in favor of plaintiff, a Missouri citizen, in a breach of contract action, alleging that the district court failed to join an indispensable party and the court was therefore without diversity jurisdiction; Decided: 30 November 1966]
24-22 Yates, Jessie M. vs. Bernard J. Manale, U.S. Army Oversea Supply Agency, et al. No. 23, 3113 [No. 23,313: Appellant clerk sought review of the decision of the United States District Court that granted appellee Army's motion for summary judgment in appellant's suit challenging her dismissal for refusal to take a medical examination. The Civil Service Commission and the Board of Appeals and Review previously affirmed the dismissal; Decided: 7 June 1967]
24-23 Abramson, Harold C., Trustee for Casco Chemical Corporation, Bankrupt v. Waller C. Boedeker; United States of America v. Harold C. Abramson, et al No. 23, 127 [No. 23,127: Appellant trustee in bankruptcy sought review of a decision of the U.S. District Court denying trustee the power to set aside a distribution to appellee of funds due debtor for goods previously sold by debtor; Decided: 23 June 1967]
24-24 Bankers Life & Casualty Company v. Raido G. Goodall No. 22, 991 [No. 22,991: Appellant challenged a judgment of the United States District Court on a general verdict awarding appellee damages under a group accident insurance policy and overruling appellant's motion for a new trial; Decided: 30 November 1966]
24-25 Campbell, Ellis Junior, District Director of Internal Revenue v. E. Paul Waggoner & Helen B. Waggoner No. 23, 230 [No. 23,230: Appellant District Director of Internal Revenue sought review of a judgment of the United States District Court that was entered in favor of appellee taxpayers, allowing them to deduct a jewelry theft loss from ordinary income; Decided: 19 December 1966]
24-26 Chagas, Z. P. v. John J. Berry, John J. Berry v. Ervin W. Atkerson No. 23, 346 [No. 23,346: Plaintiff buyer challenged a directed verdict of a United States District Court that was entered in favor of defendant bank, and defendant seller challenged a jury verdict in favor of plaintiff in an action by plaintiff charging actionable fraud under Tex. Rev. Stat. Ann. art. 4004, common law fraud, and a violation of the Texas Securities Act; Decided: 12 December 1966]
24-27 Freedman, Mortimer, et al. v. United States of America No. 22, 767 [No. 22,767: Appellant sought review of the judgment of the district court denying appellant's claim for refund of estate tax from the inclusion in the gross estate of appellant's deceased wife of one-half of the value of an insurance policy on the decedent's life; Decided: 7 September 1967]
24-28 Hughes, Joe D., Inc. v. Lionel Marcantel No. 23, 538 [No. 23,538: Appellant sought review of a ruling from the district court, which denied appellant's motion for judgment notwithstanding the verdict or for a new trial, in an action for damages; Decided: 6 July 1967]
24-29 Luckenbach Steamship Company, Incorporated, et al. v. Panama Canal Company No. 22, 702 [No. 22,702: Appellant seeks review of the Court's ruling that dismissed libel against the Panama Canal Company; Decided: 30 June 1967]
24-30 Morgan, Claude B. v. United States of America No. 23, 186 [No. 23,186: Appellant sought review of a district court judgment which denied his motion for a new trial following his conviction for mail fraud; Decided: 21 July 1967]
24-31 N. O. Typographical Union No. 17 v. National Labor Relations Board, et al. Nos. 22, 881, 21, 113 [Nos. 22,881, 21,113: In consolidated cases, appellant employer sought enforcement of an order made by respondent National Labor Relations Board under, which directed appellee union to cease striking and accept that a desired work assignment was being given to a competing union. Appellee sought enforcement of a judicial order by the district court, awarding it the work; Decided: 22 December 1966]
24-32 Pardo, Robert Benjamin v. United States of America No. 23, 334 [No. 23,334: Appellant sought review of conviction for knowingly failing to report for armed forces induction in violation of Universal Military Training Services Act in favor of appellee United States in the district court; Decided: 22 December 1966]
24-33 The Pure Oil Company v. C. J. Boyne, et al. No. 22, 522 [Nos. 22,522, 22,583: Libelant oil company moved to dismiss the appeals filed by cross-libelant tug companies as untimely in libelant's action for damages resulting from a barge collision; Decided: 6 December 1966]
24-34 Robinson, Franco C. v. S/S "Atlantic Starling", et al. No. 23, 105 [No. 23,105: Appellant, former ship's captain, sought review of an order of the federal district court that found in favor of appellee, the vessel's corporate owner, in connection with appellant's suit brought pursuant to the Jones Act and general maritime law, alleging that the vessel at issue was unseaworthy; Decided: 2 December 1966]
24-35 Roy, Monark v. Employers Mutual Casualty Company No. 22, 825 [No. 22,825 [No. 22,825: Appellant sought review of a judgment from the United States District Court, which was entered in his favor in his action for personal injuries but which was complained to be inadequate; Decided: 22 November 1966]
24-36 United States of America v. Leflore County, et al. No. 23, 243 [No. 23,243: Appellant United States sought review of a judgment of a United States District Court that denied appellant's request for a permanent injunction in their action brought to prevent appellee county officials from interfering with the rights of the county's African-American citizens to engage in voter registration activities; Decided: 3 January 1967]
24-37 Simmons, Villa Mae v. Maison Blanche Company No. 22, 928 [No. 22,928: Appellant sought review of his conviction; Decided: 2 November 1966]
24-38 United States of America v. Simon W. Henderson, Jr., et al. No. 22,152 [No. 22,152: Appellant sought review of an adverse judgment from the district court, in an action brought by appellee for refund of income taxes and interest; Decided: 23 March 1967]
24-39 United States of America v. T. E. Hill Jr. and Larry Moore, et al. No. 22, 605
24-40 United States of America v. LeBeouf Brothers Barge Company, Inc., et al. No. 21, 532 [No. 21,532: Appellant, the United States, sought review of a judgment from the United States District Court, entered for appellee, in appellant's action to assess penalties against a barge which leaked oil into coastal navigable waters of the United States under the Oil Pollution Act; Decided: 7 November 1966]
24-41 Williams, Charles v. P. J. Donovan, Commissioner, et al. No. 22, 224 [No. 22,224: Appellant seeks review of an award by the Deputy Commissioner in a longshoreman's compensation case; Decided: 2 November 1966]
24-42 Allis, Laurel M. v. Louis Allis Jr. & Westward Farms Limited No. 23, 203
24-43 Brotherhood of Railroad Trainmen, et al. v. Southern Railway Company, et al. No. 23, 384 [No. 23,384: Appellant railroad trainmen's union sought review of an order of the District Court of Georgia, which issued a permanent injunction barring appellant's strike against appellee railroad pursuant to the Railway Labor Act; Decided: 11 April 1968]
24-44 Crustacean Transportation Corporation, et al. v. Atlanta Trading Corporation. No. 22, 557 [No. 22,557: Respondent ship owner sought review of a district court order directing the sale of its ship pursuant to the statutory lien of libelant trading co Respondent ship owner sought review of a district court order directing the sale of its ship pursuant to the statutory lien of libelant trading company; Decided: 5 December 1966]
24-45 The Curtis Publishing Company v. Felice Golino No. 23, 385 [No. 23, 385: Appellant publisher sought review of an order of the District Court of Louisiana, which denied its motion to dismiss appellee injured individual's libel action, finding that personal jurisdiction was properly acquired and did not violate constitutional requirements; Decided: 17 August 1967]
24-46 Dowden, Mrs. Mittie L., et al. v. Security Insurance Company of New Haven, et al. No. 23, 073 [No. 23,073: Appellant estate curator sought review from a judgment of the United States District Court, which granted appellee insurance company's motion to dismiss the cause against it for failure to state a claim upon which relief could be granted; Decided: 7 June 1967]
24-47 Dupree, Estate of Robert B., et al. v. United States of America No. 22,891 [No. 22,891: Appellant estate challenged a federal district court judgment granting appellee government's motion for directed verdict in appellant's action for a refund of income taxes paid by the deceased prior to his death for the year 1960. Appellant contended that the court erred in ruling that no proper election was made under I.R.C. § 743 to adjust the basis of partnership property, by an amended return filed in 1963; Decided: 11 March 1968]
24-48 Foster, Will v. Lykes Brothers Steamship Company, Inc., et al. No. 23, 120 [No. 23,120: This is a suit in admiralty by a longshoreman for injuries sustained aboard a vessel of the defendants while it was being loaded at a wharf in New Orleans. Appellant has received the compensation due him under the Longshoremen's and Harbor Workers' Compensation Act, but further contends that he is entitled to recovery because the vessel was unseaworthy; Decided: 4 November 1966]
24-49 Frederick, Wallace G. v. United States of America No. 22, 782 [No. 22,782: Appellant guarantor sought review of an order of the District Court for the Western District of Louisiana that granted appellee, the United States, summary judgment and dismissed the guarantor's counterclaim; Decided: 19 September 1967]
24-50 Giacona, Carl Kelly v. Dr. George J. Beto, Director, et al. No. 23, 925 [No. 23,925: Defendant appealed from a judgment of the United States district Court, which denied defendant's motion for a writ of habeas corpus; Decided: 4 May 1967]
24-51 Granza, Anthony & Vincent Ferrara v. United States of America No. 22,064 [No. 22,064: Appellants were convicted in the United States District Court of conspiracy to smuggle heroin and thereafter facilitate its transportation. On appeal, they alleged numerous specifications of error, primarily relating to the admission of evidence by the district court; Decided: 24 May 1967]
24-52 Hooks, H. J., Jr. v. United States of America No. 23, 484 [No. 23,484: Defendant appealed from the judgment of his conviction in the United States District Court on two counts of violation relating to his income tax returns for 1958 and 1959. The district court, having found that there was surprise by the testimony of a government witness, allowed the government to introduce that witness' affidavit for the purpose of impeachment. Defendant urged error in the admission of the affidavit; Decided: 30 March 1967]
24-53 King, Hermione v. John W. Gardner, Secretary of Health, et al. No. 23, 597 [No. 23,597: Appellant applicant challenged the decision of a United States District Court, which affirmed appellee Secretary of Health, Education, and Welfare's determination that appellant was not entitled to child's survivors insurance benefits and dismissed appellant's complaint; Decided: 29 August 1967]
24-54 Leal, Antonio v. Dr. George J. Beto, Director, Texas Department of Corrections No. 23, 670 [No. 23,670: Petitioner appealed from a judgment of the United States District Court, which denied petitioner's application for a writ of habeas corpus; Decided: 25 May 1967]
24-55 McCall, Richard Irvin v. United States of America No. 23,418 [No. 23,418: Appellant seeks review of the Court's decision which convicted him of theft; Decided: 5 January 1967]
24-56 Pitner, Moselle Silvey, et al v. United States of America No. 23,364 [No. 23,364: Appellants sought review of a district court of Texas judgment affirming appellee's determination that attorney fees claimed to be deductible were not incurred in any attempt to obtain property for estate and were not administration expenses, but rather individual expenses of appellants incurred for their own benefit; Decided: 18 December 1967]
24-57 Pyles, Charles, Jr. v. American Trading & Production Corporation No. 23,358 [No. 23,358: Appellant employee sought review of an order of the district court, which awarded maintenance and cure to appellant but held that appellee employee was not liable for appellant's back injury which was sustained while he was working on appellee's vessel. Appellee challenged the district court's computation of the maintenance and cure; Decided: 19 January 1967]
24-58 Reynolds-Southwestern Corporation v. Dresser Industries, Inc. No. 23, 337 [No. 23,337: Plaintiff patent holder appealed from a judgment of a United States District Court that directed a verdict in favor of defendant alleged infringer in plaintiff's infringement action; Decided: 31 January 1967]
24-59 Stone, Lloyd A. v. Harry Moore, Jr., Trustee in the matter of Billie Sol Estes, Bankrupt No. 22,689 [No. 22,689: Appellant creditor sought review of the decision of the United States District Court, which held that a bonus paid to appellant by his employer, appellee bankrupt, was a voidable transfer, and, therefore, the trustee did not have to consider appellant's claim against appellee until appellant surrendered the bonus to the trustee; Decided: 3 April 1967]
24-60 Tomlin, Earl Gene v. Dr. George Beto No. 23,394 [No. 23,394: Petitioner appealed from a judgment of the United States District Court, which denied petitioner's application for a writ of habeas corpus; Decided: 12 May 1967]
24-61 United States Rubber Company v. National Labor Relations Board No. 23,208 [No. 23,208: Petitioner employer sought review of a decision of respondent National Labor Relations Board, which found that petitioner had committed unfair labor practices in violation of the National Labor Relations Act; Decided: 20 February 1967]
24-62 United States Rubber Company v. National Labor Relations Board No. 23, 129 [No. 23,129: Petitioner employer sought review of a decision by respondent, National Labor Relations Board, which found that petitioner violated the National Labor Relations Act; Decided; 25 October 1967]
Box 25: O-25 b. 20 February 1967 - 10 November 1967 a. 6 June 1966-20 January 1967
25-1 Anglers Park Corporation v. Edwin A. Hadden & Lavonne M. Hadden, et al. No. 23,389
25-2 Atlantic Electric, Inc., et al. v. Allis Chalmers Manufacturing Company No. 22,729
25-3 Cockrell, Hubert L. & Mrs. Hubert L. v. George A Ferrier & Milton Truck Lines No. 23,088 [No. 23,088: Plaintiffs challenged the adverse judgment of the United States District Court for the Northern District of Alabama in their negligence suit stemming from an automobile collision, arguing that the district court improperly charged the jury and that they were not afforded an opportunity to object to the improper charges; Decided: 18 April 1967]
25-4 Cunningham, John R. v. George J. Mitchell No. 23,172 [No. 23,172: Appellant broker sought review of the judgment of the United States District Court, which found in favor of appellee owner on several promissory notes and for conversion and fraudulent use of other notes. The district court also found against appellant on his claim for breach of contract; Decided: 24 February 1967]
25-5 Davis, Odra A., Jr. v. Casco Products Corporation No. 22,944 [No. 22,944: Plaintiff mother sought review of a district court's decision that quashed service of process upon defendant company in plaintiff's product liability suit; Decided: 18 July 1967]
25-6 Employers Casualty Company v. Sewerage & Water Board of New Orleans, et al. No. 23,737
25-7 Freeman, John H., Jr., d/b/a Freeman Gin Company v. Continental Gin Company No. 23,691
25-8 Globe Life & Accident Insurance Company v. Hollis C. Still No. 23,426 [No. 23,426: Appellant insurer challenged the judgment of the United States District Court of Georgia, denying its motion for directed verdict after the jury rendered its verdict for appellee insured on an accidental injury claim which had been denied by appellant based on false and fraudulent representations in the applications under Ga. Code Ann. § 56-2409; Decided: 15 May 1967]
25-9 Gloria Steamship Company, Inc. v. Jessie Smith & Atlantic & Gulf Stevedores, Inc. No. 23,166 [No. 23,166: Appellant steamship company challenged the judgment of the United States District Court in favor of appellee longshoreman in his negligence and unseaworthiness action, arguing that the judgment in favor of appellee was erroneous and that the district court erred in denying its petition to implead the third party ultimately responsible for appellee's injuries; Decided: 13 April 1967]
25-10 Gradsky, Norman, et al v. United States of America No. 19,974 [No. 19,974: Defendants sought review of a decision of the United States District Court, which convicted defendants of violating the anti-fraud provisions of the Securities Act of 1933 and the Mail Fraud Statute and conspiring to violate those laws; Decided; 11 March 1965]
25-11 Hoover, Inc. v. MuCullough Industries, Inc. No. 23,204 [No. 23,204: Appellant challenged a decision from the United States District Court in Alabama, which awarded breach of contract damages to appellee after a bifurcated proceeding; Decided: 13 July 1967]
25-12 Larkins, Mrs. Annie C., et al. v. Ruth Sills, et al. No. 23,631 [No. 23,631: Appellant, a lessor of property to a debtor in bankruptcy, challenged the U.S. District Court's affirmance of an order of the bankruptcy referee confirming the sale of the debtor's property, including an assignment of appellant's lease, and denying appellant's petitions for abandonment of the property by the trustee and for reclamation of property on grounds that the lease had been terminated; Decided: 4 May 1967]
25-13 Meadors, Howard W. v. United States of America No. 23,525 [No. 23,525: Defendant appealed from a judgment of the United States District Court, which denied defendant's motion to reduce his sentence following his convictions for violating the antifraud provisions of the Securities Act of 1933 and the Mail Fraud Statute, as well as conspiracy to violate these laws; Decided: 2 May 1967]
25-14 O'Neill, J. Vincent v. Corporate Trustees, Inc. No. 23,898 [No. 23,898: Appellant seller sought review of the District Court of the United States' grant of summary judgment in favor of appellee buyer, and the denial of appellant's motion for summary judgment, in appellant's action to enforce a contract for the purchase of appellant's stock; Decided: 25 April 1967]
25-15 Pan-American Life Insurance Company v. Dr. Carlos Manuel Falla y Alvarez No. 22,230 [No. 22,230: Appellant insurer filed an appeal from the decision of the district court, which found that appellee insured had complied with all conditions precedent contained in the insurance policies and entered judgment against appellant; Decided: 9 March 1967]
25-16 Phillips, Jerome v. Hooker Chemical Corporation No. 23,407 [No. 23,407: Plaintiff injured worker appealed a final order of the district court which dismissed plaintiff's personal injury action against defendant chemical corporation for lack of jurisdiction because defendant was not doing business in Florida as required by Fla. Stat. Ann. §§ 47.16, 47.30; Decided: 15 March 1967]
25-17 Robertson, James v. M/S Sanyo Maru, her engines, tackle, apparel, and furniture and Sawayama Kisen, K. K. No. 22,865 [No. 22,865: Appellant longshoreman challenged the judgment of the trial court, which entered a judgment in favor of respondent shipowner for personal juries alleged to have been caused by the unseaworthiness of respondent vessel arising out of a defective winch, and the negligence of respondent; Decided: 21 March 1967]
25-18 Spach, May, Trustee in Bankruptcy for the Estate of Robert L. Strauss v. Robert L. Strauss, Bankrupt No. 23,697 [No. 23,697: Appellant bankruptcy trustee challenged the order of the United States District Court, which discharged appellee bankrupt. Appellant argued that appellee did not keep sufficient records and fraudulently concealed funds; Decided: 2 March 1967]
25-19 Thomas, Eugene v. United States of America No. 23,700 [No. 23,700: Appellant sought review from his conviction in the United States District. On appeal, he argued that his motion to suppress the shotgun used as evidence against him should have been granted, because it was produced as the result of an illegal search of his home. The issues were whether the search warrant was invalid and whether the search was unreasonable; Decided: 26 April 1967]
25-20 Wilkins, Collie Leroy, Jr. & Eugene Thomas v. United States of America No. 23,289 [No. 23,289: Appellants challenged judgments of the United States District Court for the Middle District of Alabama that convicted and sentenced them for conspiring to deprive United States citizens of their right to participate in a protest march in Alabama; Decided: 27 April 1967]
25-21 Wilson, Norman Edward v. United States of America No. 23,126 [No. 23,126: Appellant challenged conviction for sending a threatening letter through the mails on the basis that the trial court erred in not suppressing inculpatory statements made by appellant; Decided: 19 January 1967]
25-22 Wirtz, W. Willard, Secretary of Labor, et al. v. Dr. Pepper Bottling Company of Atlanta No. 23,233 [No. 23,233: Appellant Secretary of Labor challenged the district court's determination that helpers to the route salesmen of appellee, a soda bottler and distributor, were not employees under the Fair Labor Standards Act; Decided: 8 March 1967]
25-23 Barnes, Elton Ray v. United States of America No. 23,793 [No. 23,793: Appellant sought review of his conviction in the United States District Court for the Northern District of Texas for perjury in connection with his testimony in support of his motion to suppress evidence during his trial for breaking into a post office with intent to commit larceny, stealing from a mail receptacle, and the theft of a postal money order validating stamp; Decided: 9 May 1967]
25-24 Brown & Root Marine Operators, Inc., et al. v. Zapata Off-Shore Company No. 24,017
25-25 Dorrough, Jerry Mack v. United States of America No. 24,017 [No. 24,017: Defendant sought review of an order from the United States District Court for the Northern District of Texas, which convicted him of robbing a postal employee of a postal vehicle and, while so doing, placing in jeopardy the life of the employee by use of a dangerous weapon. Defendant contended that he was not adequately informed of the charges against him and that his guilty plea was involuntarily entered; Decided: 15 September 1967]
25-26 Drake, Madie W. v. John W. Gardner, Secretary of Health, et al. No. 23,621 [No. 23,621: Appellant widow filed an appeal from the decision of the district court, which granted appellee agency's motion for summary judgment; Decided: 21 March 1967]
25-27 Engineers & Fabricators, Inc. v. National Labor Relations Board No. 23,332 [No. 23,332: Petitioner employer sought review, and respondent National Labor Relations Board sought enforcement, of an order of the National Labor Relations Board, which required petitioner to cease and desist certain unfair labor practices, to bargain with the Steelworkers' Union, and to post notices, pursuant to the National Labor Relations Act; Decided: 12 April 1967]
25-28 Grimes, Billy Ray v. United States of America No. 23,629 [No. 23,629: Appellant sought review of a judgment of a Texas court, which convicted him of aiding and abetting in the commission of activity that was unlawful and of conspiracy; Decided: 30 June 1967]
25-29 Lone Star Steel Company v. Lois McGee No. 23,671 [No. 23,671: Plaintiff employee brought an action brought in the United States District Court for the Eastern District of Texas against defendants employer and employer's railroad to recover for personal injuries under the Federal Employers' Liability Act and the Safety Appliance Act. The jury returned a verdict in favor of plaintiff for $56,000, and defendants appealed; Decided: 23 June 1967]
25-30 Manget Brothers, Inc., et al. v. The Bank of Greenwood, Greenwood, Mississippi No. 22,769 [No. 22,769: Plaintiffs cotton companies and cotton broker brought three suits against defendant bank, alleging that defendant had improperly applied funds belonging to them against the indebtedness of plaintiff cotton broker with defendant. After a trial without a jury, the United States District Court entered judgment for defendant, and plaintiffs appealed; Decided: 20 July 1967]
25-31 Moretti, Joseph G., Inc., et al. v. William J. Boogers No. 23,460 [No. 23,460: Appellant former employers sought review of a judgment of the United States District Court in favor of appellee former employee, in his action against appellants for overtime compensation. He claimed overtime compensation for all time worked over 40 hours per week for a certain time period. Appellants urged that it was error to fix his base wage rate, for purposes of computing the overtime pay due, on a 40-hour week; Decided: 7 April 1967]
25-32 Richard, Patricia, et al. v. Rodney Christ, et al. No. 22,300 [No. 22,300: Appellants brought suit to compel the desegregation of the Hamshire-Fannett Independent School District, Jefferson County, Texas; Decided: 24 May 1967]
25-33 Southern Pacific Company v. W. H. Wilson No. 23,685 [No. 23,685: Appellant railroad company sought review of an order from the United States District Court for the Eastern District of Texas, challenging the district court's jurisdiction in appellee employee's action for wrongful discharge after the National Railroad Adjustment Board had entered a judgment in favor of appellant pursuant to the Railway Labor Act; Decided: 11 May 1967]
25-34 Thurmond, Raymond Glenn v. United States of America No. 23,569 [No. 23,569: Appellant sought review of orders of the United States District Court for the Western District of Texas that entered judgment, upon a jury verdict, convicting appellant of theft of an automobile valued in excess of $100 from a military base, and that sentenced him to four and one-half years in prison; Decided: 22 May 1967]
25-35 The Travelers Insurance Company, et al. v. R. J. Shea, Deputy Commissioner, and James D. McCullough No. 23,492 [No. 23,492: Appellants, employer and its insurer, challenged the decision of a United States District Court, which dismissed appellants' complaint to set aside appellee deputy commissioner's award for injuries appellee employee suffered while repairing a barge; Decided: 9 August 1967]
25-36 United States of America & Chrysler Corporation v. Roland Cocreham, Collector of Revenue for the State of Louisiana, et al. No. 23,589 [No. 23,589: Appellant United States and automobile manufacturer sought review of the decision of the United States District Court that granted summary judgment in favor of appellee state in appellants' suit for recovery of taxes paid to appellee; Decided: 9 June 1967]
25-37 United States of America v. Joe Grasso & Son, Inc., et al. No. 23,654 [No. 23,654: Appellant United States sought review of a judgment of a United States district court, which dismissed appellant's third party complaint against appellee captains that alleged their liability for employment taxes for fishermen that worked in appellant corporation's commercial shrimp fishing operation. Appellee corporation had sought a refund for employment taxes, claiming that it was not the fishermen's employer; Decided: 5 July 1967]
25-38 Vouras, James P., Sr. v. United States of America No. 23,592
25-39 Watson, Bertram A. v. Guld Stevedore Corporation No. 23,579 [No. 23,579: Appellant longshoreman employee sought review of an order of the United States District Court, which granted summary judgment in favor of appellee employer stevedore in a libel for damages brought directly against appellee despite the exclusiveness of liability provision of the Longshoremen's and Harbor Workers' Compensation Act; Decided: 28 March 1967]
25-40 Watts, Edward S., et al. v. Missouri-Kansas-Texas Railroad Company No. 23,608 [No. 23,608: Appellant holders sought review of a decision by a district court that found in favor of appellee railroad in class action in connection with the payment of interest due on debentures held by appellants. The district court granted appellee's motion for judgment on the pleadings under Fed. R. Civ. P. 12(c) and dismissed the cause, without stating its reasons; Decided: 10 August 1967]
25-41 Wynn, Angus G., Jr., Bankrupt v. William J. Rochelle, Jr. Trustee in Bankruptcy, et al. No. 23,491 [No. 23,491: Appellant sought review of an order of the United States District Court for the Northern District of Texas that vacated and set aside an order that dismissed an earlier involuntary petition in bankruptcy, consolidated the actions of appellees, bankruptcy trustee and creditors, and adjudged appellant bankrupt as of an earlier date; Decided: 31 July 1967]
25-42 American Acceptance Corporation v. Edward P. & Agnes A. Schoenthaler, et al. No. 23,457 [No. 23,457: Appellant creditor sought review of a judgment from a federal district court in Florida, which held that principal and interest of a loan transaction to appellees debtors and secured by appellee guarantor were forfeited; Decided: 29 January 1968]
25-43 Austin, Henry P. v. William M. O'Keeffe, Deputy Commissioner, et al. No. 23,770 [No. 23,770: Appellant employee sought review of the judgment of a United States district court, which granted summary judgments in favor of appellees, deputy commissioner, employer, and insurance carrier, in appellant's injunctive proceeding to set aside a Longshoremen's and Harbor Workers' Compensation Act compensation order; Decided: 5 July 1967]
25-44 Bolger, D. W. v. Karen & Sharon Gregory, et al. No. 23,567
25-45 Brown, J. Ottis, et al. v. Glen Falls Insurance Company No. 23,731 [No. 23,731: Ottis Brown Motors brought this action against Glen Falls Insurance Company to recover on a policy issued by the Insurance Company damages caused by flood and storm to automobiles owned by the Insured and covered by the policy; Decided: 30 March 1967]
25-46 Furman, Irvine K., et al. v. Commissioner of Internal Revenue No. 23,755 [No. 23,755: Petitioner taxpayers sought review of respondent Commissioner of Internal Revenue's determination of income tax deficiencies. The Commissioner disallowed certain deductions on the theory that they were based on an invalid trust or that the trust's income was being distributed to the taxpayers to discharge their legal obligation or accumulated for them in the form of increased equity in the reversion; Decided: 27 July 1967]
25-47 Green, Mary & Edwin, Jr. v. American Tobacco Company No. 22,435 [No. 22,435: Appellants, a widow and the administrator of the estate of the widow's decedent, challenged the order of the United States District Court, which entered judgment, based on a jury verdict, for appellee tobacco company in the second trial of a suit on implied warranty; Decided: 24 January 1968]
25-48 Lockett, Wilson v. United States of America No. 23,618 [No. 23,618: Appellant challenged an order of the United States District Court, which convicted him of possession of an unregistered and possession of property intended for use; Decided: 29 March 1967]
25-49 Metropolitan Life Insurance Company v. Eleanor E. Main No. 23,326
25-50 National Labor Relations Board v. Tallahassee Coca-Cola Bottling Company, Inc. No. 23,447 [No. 23,447: Petitioner National Labor Relations Board sought enforcement of its order, which was issued against respondent bottling company for refusing to bargain with the unit defined by petitioner. Respondent contended that the unit certified by petitioner, which included route salesmen, was inappropriate; Decided: 8 August 1967]
25-51 Pearson, Richard Duncan v. United States of America No. 23,406 [No. 23,406: Defendant appealed his conviction from the U.S. District Court for willfully and unlawfully receiving, concealing, storing, selling, and disposing of a stolen ruby; Decided: 25 May 1967]
25-52 Poston, Ralph R., et al. v. Charles C. Caraker, et al. No. 23,719 [No. 23,719: Appellants, association trustees of a multi-employer pension fund, challenged the judgment of the district court, dismissing their petition against appellees, union trustees, seeking an impartial arbitrator or a decree that it would be legal for them to be compensated from the pension fund for their services; Decided: 8 June 1967]
Box 26: O-26/20 February 1967/10 November 1967
26-1 Rayonier, Inc. v. National Labor Relations Board No. 23, 646. [No. 23,646: Petitioner filed a petition to review of an order of the National Labor Relations Board that directed petitioner to bargain with a union that it had certified as the bargaining representative of petitioner's employees, arguing that the union was not the appropriate bargaining unit; Decided: 12 July 1967]
26-2 Sklaroff, Martin v. United States of America No. 23,611. [No. 23,611: Appellant sought review of his conviction for willfully and knowingly failing to register and pay a special tax for a business of accepting wagers; Decided: 3 July 1967]
26-3 Smith, Charles C. v. Edward Taylor, et al. No. 23, 981. [No. 23,981: Appellant employee sought review of the order of the United States District Court, which granted appellee employer's motion for summary judgment on the basis that appellee was not subject to the minimum wage provisions of the Fair Labor Standards Act of 1938; Decided: 4 April 1967]
26-4 St. Joe Paper Company v. Hartford Accident & Indemnity Company, et al. No. 22, 129. [No. 22,129: Plaintiff appealed from a judgment of the United States district court concerning a general verdict for defendants and the denial of plaintiff's motions for a directed verdict, for judgment notwithstanding the verdict, and for a new trial; Decided: 3 May 1966]
26-5 Thomas, Eileen Kay v. United States of America No. 23, 348.
26-6 United States of America v. Transocean Airlines, Inc., et al. No. 23, 933. [No. 23,933: Appellant United States Government sought review from a United States district court judgment awarding appellees, debtor's attorneys, one third of the amount stipulated in a settlement of debtor's claims against appellant as attorney fees for services performed for debtor; Decided: 15 August 1967]
26-7 Wilcox, Johnnie Lee, et al. v. Smullian Building Supply Company No. 23, 527 [No. 23,527: Appellant employees appealed a decision of the district court, which granted summary judgment to appellee employer in appellants' action to recover under the Fair Labor Standards Act of 1938 amounts allegedly due them under the act's minimum wage and overtime compensation provisions; Decided: 10 May 1967]
26-8 Advance Industrial Security, Inc. v. William J. Burns, International Detective Agency, Inc. No. 23, 855 [No. 23,855: Appellant security firm sought review of the judgment of the United States District Court, which awarded summary judgment to appellee detective agency in appellant's suit for wrongful and malicious interference with its employee contracts; Decided: 11 May 1967]
26-9 Armstrong, Benson Brown, et al. v. Jesse Jones & Reading and Bates, Inc. No. 23, 552 [No. 23,552: The sole contention on appeal is that the district court erred in refusing to grant the plaintiff a new trial following an adverse jury verdict; Decided: 19 April 1967]
26-10 Belford Trucking Company, Inc. v. Leo A. Martin No. 23, 560.
26-11 Boone, Thomas J. v. Armstrong Cork Company No. 23, 920. [No. 23,920: Appellant employee challenged the order of a United States District Court, which dismissed his suit against appellee employer. Appellant filed suit for a breach of the collective bargaining agreement against appellee under the National Labor Relations Act following his discharge from employment; Decided: 28 August 1967]
26-12 Henderson, Dillard E. v. United States of America No. 23, 728. [No. 23,728: Appellant seeks review of the conviction of conspiracy to pass, utter, and publish forged and altered United States postal money orders; Decided: 7 March 1968]
26-13 Hobart, W. W., Administrator of the estate of Kenneth Ray McClure Hobart, deceased, et al. v. Sohio Petroleum Company No. 24, 091. [No. 24,091: Appellant executors sought review of the decision of the United States District Court that entered judgment in favor of respondent oil company in appellants' wrongful death suit after decedents died while working on a barge carrying respondent's oil; Decided: 15 May 1967]
26-14 Irving, Gerald Henry Junior v. Boyce Hollman and Gaston H. Hewes No. 23, 712 [No. 23,712: Appellant sought abatement of a state criminal action pending against him, claiming violation of his constitutional rights by failure of state officers to comply with a state court order; Decided: 11 May 1967]
26-15 Magnolia Towing Company v. Charles Robert Pace, Jr. No. 23, 708. [No. 23,708: Appellant tugboat company sought review of the decision of the United States District Court that entered judgment in favor of appellee seaman in a suit appellee filed under the Jones Act for damages after he was injured; Decided: 16 May 1967]
26-16 Marcello, Vincent & Sadie, et al. v. Commissioner of International Revenue No. 23, 151 [No. 23,151: Petitioner taxpayers challenged a decision of the Tax Court, which held that respondent Commissioner of Internal Revenue could use the "bank deposits plus expenditures" method of reconstructing taxpayers' income for particular years; Decided: 16 June 1967]
26-17 McKissick, Bobby Jean v. United States of America No. 23, 669. [No. 23,669: Defendant challenged the decision of the district court which convicted him at a second trial, after declaring a mistrial based on defense counsel's disclosure to the court that defendant perjured himself before the jury; Decided: 30 June 1967]
26-18 National Indemnity Company v. Richard M. and Mrs. Iona Coleman Banks No. 23, 696. [No. 23,696: Appellant insurer sought review of an order of the United States District Court, which entered judgment for appellee insureds in an action on a fire insurance policy; Decided: 27 April 1967]
26-19 National Labor Relations Board v. Mid-States Metal Products, Inc. and Local 738, International Chemical Workers Union, AFL-CIO No. 23,352.
26-20 Owen Brothers Packing Company, Incorporated v. Sam William Fortenberry No. 23, 721. [No. 23,721: Plaintiff claims that Own Brothers Packing Company denied him certain benefits allegedly due him; Decided: 25 January 1966]
26-21 Palmer, Hazel, et al. v. Allen C. Thompson, Mayor, City of Jackson, et al. No. 23, 841 [No. 23,841: Appellant citizens challenged a decision of a federal district court, which dismissed appellants' action against appellees, the mayor and city commissioners. Appellants sought to enjoin appellees'allegedly discriminatory conduct in closing the city-operated pools and in segregating the city jail; Decided: 29 August 1967]
26-22 Stutts, A. B. v. H. Vann Waldrop, Trustee in Bankruptcy for the Woodcraft Corporation, Bankrupt No. 23, 458.
26-23 Sumrall, Otto & Delores (Spears), his wife, v. Resolute Insurance Company No. 23, 773. [No. 23,773: Appellants sought review of the District Court's ruling for the Defendant; Decided: 3 May 1967]
26-24 Swinney, Welton L. v. United States of America No. 23, 897 [No. 23,897: Defendant was convicted of conspiracy to pass, utter, and publish forged and altered United States postal money orders and stealing property of the United States Post Office Department, and aiding and abetting thereof. He appealed, arguing that evidence found in an automobile occupied by defendant, but driven by another, was improperly admitted; Decided: 7 March 1968]
26-25 United States of America v. Hancock Bank, Trustee of the Estate of Anna F. C. Martin No. 23, 711. [No. 23,711: Appellant contested a decision of the district court, which entered judgment in favor of appellee in an action alleging that appellee's amended claim for a tax refund should be considered by appellant; Decided: 11 September 1968]
26-26 Boulden, Billy Don Franklin v. William C. Holman, Warden, et al. No. 24, 174. [No. 24,174: Defendant challenged the judgment of the United States District Court, which denied his petition for writ of habeas corpus following his sentence of death for a murder conviction; Decided: 3 November 1967]
26-27 Coweta Warehouse & Gin Company v. United States of America No. 24, 241. [No. 24,241: Defendant appealed an order granting the United States a summary judgment in its libel for condemnation of certain cotton seed; Decided: 26 June 1967]
26-28 Foremost Dairies, Incorporated, et al. v. W. Willard Wirtz, Secretary of Labor, United States Department of Labor No. 23, 530 [No. 23,530: Appellant employer appealed the decision of the district court, which held it in civil contempt of an injunction that prohibited it from violating the minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act. The district court found that appellant's Belo contracts with its employees were not valid under the Act; and, therefore, appellant violated the Act; Decided: 21 July 1967]
26-29 Gable, Joseph William v. United States of America No. 24, 267. [No. 24,267: Appellant sought review of the decision from the district court that convicted him of carrying on the business of a distiller, possessing a still, fermenting mash, producing distilled spirits, and possessing distilled spirits, on grounds that the evidence was insufficient to support the jury's verdict; Decided: 22 June 1967]
26-30 Hillyer, Millard L. v. A.L. Dutton, Warden, et al. 24, 308. [No. 24,308: Appellant sought review of a ruling from the United States District Court for the Southern District of Georgia, which denied appellant's pro se petition for habeas corpus relief concerning his conviction for forgery; Decided: 23 June 1967]
26-31 Home Town Foods, Inc., d/b/a Foremost Dairies of the South v. National Labor Relations Board No. 23, 912. [No. 23,912: Petitioner employer appealed a decision from Respondent National Labor Relations Board, which upheld an order requiring it to bargain with the union and refusing to consider evidence on the validity of the election certifying the union; Decided: 26 June 1967]
26-32 Lowe, Wyman C. v. H. Thaxton Monk Jr., et al. No. 24, 058 [No. 24,058: This is an appeal from a summary judgment of the District Court; Decided: 26 June 1967]
26-33 Mobley, Charlie Junior v. A.L. Dutton, Warden, et al. No. 24, 232 [No. 24,232: Appellant inmate sought review of a decision of the United States District Court, Southern District of Georgia, which denied his request for habeas corpus after he was convicted of murder and sentenced to death; Decided: 21 June 1967]
26-34 National Acceptance Company v. Samuel J. Zusmann Sr., Trustee in Bankruptcy for Walter R. Thomas, Athens, Inc., et al., Bankrupt No. 24, 030 [No. 24,030: Appellant creditor sought review of a judgment of a federal district court affirming a bankruptcy referee's determination as to the amount of attorney's fees due appellant pursuant to a contract it entered into with appellee bankrupt; Decided: 23 June 1967]
26-35 Phillips, Leon D. v. A. L. Dutton, Warden, et al. No. 24, 208 [No. 24,208: Appellant was convicted of larceny in the Fulton County, Georgia. The appellant contends that having been sentenced to eight years' imprisonment he is now eligible for release; Decided: 15 June 1967]
26-36 Quarles, Toby v. A. L. Dutton, warden, et al. No. 24, 146. [No. 24,146: Petitioner sought review of the order of the district court, which denied petitioner's application for a writ of habeas corpus challenging his conviction for burglary; Decided: 23 June 1967]
26-37 Sanders, Walter D., Trustee in Bankruptcy for the Atlanta Times, Inc., Bankrupt v. Commercial Credit Corporation No. 24, 304 [No. 24,304: Appellant trustee in bankruptcy sought review of an order of the United States District Court, which found that the referee was correct in determining that the agreement between the estate in bankruptcy and appellee credit company was a lease and beyond the requirements for filing under Ga. Code Ann. § 109A-1-201(37); Decided: 10 July 1968]
26-38 Schmidt, Richard Kenneth v. United States of America No. 23, 772 [No. 23,772: Appellant sought review of a ruling from the district court, which convicted appellant on three counts of bank robbery and sentenced him to 20 years imprisonment to run concurrently with outstanding federal sentences previously imposed in North Carolina; Decided: 30 June 1967]
26-39 Segrest & Sons, Incorporated, et al v. United Steel Workers of America, et al. No. 24, 002
26-40 State Farm Mutual Automobile Insurance Company v. Harvey Thomas Smoot, Jr. No. 23, 789
26-41 Townsend, Troy Wayne v. A. L. Dutton, Warden, et al. No. 24,445 [No. 24,445: Appellant challenged indictments charging him with automobile theft, burglary and robbery by the use of an offensive weapon. Townsend entered a plea of guilty but he contends that he was denied the assistance of counsel when he entered his pleas in the state court; Decided: 24 May 1967]
26-42 Turner, Othal L. and On-the-Town, Inc., d/b/a Atlanta's Playboy Club v. HMH Publishing Company, Inc., et al. No. 24, 039 [No. 24,039: Defendants appealed from a judgment of the district court in favor of plaintiffs, granting a permanent injunction against the use of plaintiffs' trade and service marks by defendants in plaintiff's action against defendants for trade and service mark infringement; Decided: 10 July 1967]
26-43 Tyler, John Owen v. United States of America No. 23,784 [No. 23,784: Defendant sought review of a decision of a district court, which convicted him of willful failure to file excise returns and to pay excise taxes imposed upon gambling operations; Decided: 10 July 1968]
26-44 United States of America v. R. A. Wade, Individually, et al. No. 23, 960 [No. 23,960: The government appealed from a judgment of the United States District Court in favor of taxpayer, arguing that taxpayer was not entitled to a percentage depletion deduction of 15 percent of the amount he received for mining dolomite under a written contract with a quarry owner; Decided: 12 July 1967]
26-45 Zarzour, George v. United States of America No. 23, 695 [No. 23,695: Appellant was tried by jury and convicted of robbery of an Atlanta bank, he challenged the Court to determine the sufficiency of the evidence to identify appellant as one of two gun-carrying participants in the robbery; Decided: 23 August 1967]
26-46 Brock, Schuyler Colfax, Jr. v. United States of America No. 24, 279 [No. 24,279: Defendant appealed his conviction by a United States District Court for mailing to President Johnson a letter threatening to take his life and to inflict bodily harm. The district court denied defendant's motion for acquittal, and the jury refused to find defendant legally insane at the time of the offense; Decided: 17 November 1967]
26-47 Cobb, Dewey Lawrence v. United States of America No. 24, 261 [No. 24,261: This appeal is from a judgment of conviction entered on a jury verdict finding appellant guilty of transporting a stolen motor vehicle in interstate commerce; Decided: 9 October 1967]
26-48 Crawford, Johnny v. Dr.George J. Beto, Director, et al. No. 24, 691 [No. 24,691: Appellant, a state prisoner, bases his petition for habeas corpus on the fact that he sought to appeal and did appeal his state court conviction but without the aid of counsel. He was represented by retained counsel at his trial and through a motion for new trial; Decided: 9 October 1967]
26-49 Garay, Cirilio, Jr. v. United States of America No. 24, 647 [No. 24,647: Appellant challenged the charges that he was found in possession of narcotics because he was not given the constitutionally required warnings before his in-custody interrogation by customs agents; Decided: 25 July 1968]
26-50 Elizarraraz, Pablo v. United States of America No. 24, 328 [No. 24,328: Appellant conscientious objector sought review of his conviction from the United States District Court for knowingly failing, neglecting, and refusing to perform a duty required of him under the provisions of the Universal Military Training and Service Act; Decided: 3 September 1968]
26-51 Gifford, Don E. & Virgil Rich, Jr. v. United States of America No. 23, 940 [No. 23,940: Appellants sought review of the judgment of the United States District Court, which convicted them for aiding and abetting the forging and passing of postal money orders; Decided: 30 October 1967]
26-52 Heights Funeral Home, Inc. v. National Labor Relations Board No. 24, 023 [No. 24,023: Petitioner funeral home sought review of an order of respondent National Labor Relations Board, which found a violation of the National Labor Relations Act in trying to thwart a union; Decided: 22 November 1967]
26-53 Johnson, Grady, Jr. v. Dr. George J. Beto, et al. No. 24, 629 [Bell, Gobold, and Coleman]. [No. 24,629: Appellant was convicted in the Texas state courts of unlawful possession of marijuana. He sought a writ of habeas corpus in the district court; Decided: 9 October 1967]
26-54 Leonard, Bruce G. v. United States of America No. 24, 268 [No. 24,268: Appellant moved for the Court to remand the case to the United States District Court for the Western District of Texas for reconsideration in light of the decisions of the Supreme Court; Decided: 19 April 1968]
26-55 Longoria, Benito (Benny) v. Dr. George J. Beto, Director, et al. No. 24, 280
26-56 Metal Arts Company v. Fuller Company No. 24, 123 [No. 24,123: Appellant corporation sought review of the decision of the United States District Court, which entered judgment in favor of appellee patent holder and held that appellant had infringed appellee's patent for a low pressure pneumatic conveyor and enjoined appellee from further infringement and ordered damages paid for the infringement; Decided: 6 February 1968]
26-57 National Labor Relations Board v. Lone Star Textiles, Inc., et al. No. 23, 902 [No. 23,902: Petitioner National Labor Relations Board sought enforcement of its order, which found that respondent employer violated § 8(a)(1) and (3) of 29 U.S.C.S. § 158(a)(1) and (3); Decided: 22 November 1967]
26-58 Rivers, L. Clayton, Jr. v. United States of America No. 24, 093 [No. 24,093:- Appellant sought review of an order of the United States District Court, which convicted him of causing a falsely made and forged bank check to be transported in interstate commerce; Decided: 30 October 1967]
26-59 Samora, Manuel, Jr. v. United States of America No. 24, 243 [No. 24,243: Defendant petitioned for rehearing of his appeal from the judgment of the federal district court, entered upon a jury verdict, convicting him of attempting to export four pistols without an export license, following denial of his motions to quash the information for failing to state a crime and to suppress evidence found during a warrantless search of his vehicle at the border; Decided: 30 January 1969]
26-60 Smith, Martin Judson, Jr., et al. v. United States of America No. 24, 144 [No. 24,144: Appellants sought review of their convictions in the United States District Court for concealing and transporting illegally imported narcotics and purchasing narcotics; Decided: 8 November 1967]
26-61 Stubblefield, Marvin Niles v. Dr. George J. Beto, Director, et al. No. 24, 088 [No. 24,088: Appellant sought review of a judgment of the United States District Court, which denied his petition for a writ of habeas corpus. Appellant challenged the validity of his life sentence, which was imposed following his third conviction for a felony less than capital; Decided: 24 July 1968]
26-62 Tatum, Clyde G. & Veta Rae v. Commissioner of Internal Revenue No. 24, 361 [No. 24,361: Petitioners, owners of farmland, appealed a decision of the United States Tax Court, which upheld a determination by respondent Commissioner of Internal Revenue, finding deficiencies in petitioner's income tax based on the value of crop shares owed as rent by tenants on petitioner's property. Petitioners had donated the value to charity. Petitioners had not included this value in their gross income; Decided: 6 September 1968]
26-63 Tyler, Roland v. Dr. George J. Beto, Director, et al. No. 24, 348 [No. 24,348: Defendant appealed an order from the federal trial court, denying his petition for a writ of habeas corpus to review his murder conviction. Defendant claimed he was denied effective assistance of counsel, that he was improperly denied a determination of his sanity, and that he was denied an intelligent choice as to the pursuit of his right of appeal; Decided: 8 March 1968]
26-64 Tracy, Mr. & Mrs. Roland v. United States Casualty Company No. 24, 337 [No. 24,337: Appellants, an injured party and her husband, challenged the decision of a United States District Court sitting in Texas, which granted appellee insurer's motion to dismiss in an action against appellee under the uninsured motorist coverage of appellants' policy; Decided: 23 October 1968]
26-65 Walker, Smith Thomas v. Dr. George J. Beto, Director, et al. No. 23, 804. [No. 23,804: Appellant inmate challenged the decision of the United States district court, which denied his petition for habeas corpus which was filed 19 years after he pled guilty of robbery by assault; Decided: 27 December 1967]
26-66 Aircraftsmen, Inc. v. Aircraft Equipment Company No. 23, 535 [No. 23,535: Appellant challenged the District Court judgment holding that the defendant-appellee did not violate the trademark infringement laws; Decided: 6 November 1967]
26-67 Bobby Jones Garden Apartments, Inc. v. F. R. Suleski No. 24, 402 [No. 24,402: Appellant apartment complex challenged a ruling of the United States district court, which granted appellee agent's motion and dismissed appellant's complaint against appellee agent for failure to state a claim in a suit alleging appellee agent and manufacturer made misrepresentations about products purchased by appellant; Decided: 26 February 1968]
26-68 Central Distributors, Inc. v. M.E.T., Inc. & Joseph Nellis No. 24, 310 [No. 24,310: Appellant filed an appeal from the judgment of the federal district court, which dismissed its complaint against appellees on the ground that appellant had failed to prove damages after first denying appellant's motion to amend the pre-trial stipulation to permit the admission into evidence of certain records proving appellant's damages; Decided: 27 November 1968]
26-69 Freeman, Norman Lee v. United States of America No. 24, 089 [No. 24,089: Appellant was convicted by a jury of and duly sentenced for a violation of the Dyer Act, the appellant contends that he should have been awarded a directed verdict of acquittal on the theory that the proof failed to show participation in the unlawful transportation; Decided: 3 November 1967]
Box 27: O-27 a. 20 February 1967-10 November 1967
27-1 Gallion, Richart T. and Audrey R. v. United States of America No. 24,352 [No. 24,352: Appellant taxpayer sought review of the decision of the district court, which granted appellee government's motion to dismiss appellant's tax refund action; Decided: 13 February 1968]
27-2 Griswold, E. T. et al. v. Commissioner of Internal Revenue No. 24,248 [No. No. 24,248: Petitioner taxpayers sought review of a deficiency determination made by respondent Commissioner of Internal Revenue in connection with their federal income taxes; Decided: 21 February 1966]
27-3 Gandy, Jimmy D. & Albert J. Berry v. United States of America No. 23,980 [No. 23,980: Defendant sought review of his conviction in the United States District Court for conspiracy to transport stolen motor vehicles; Decided: 11 December 1967]
27-4 Hanley, Thomas Edward v. United States of America No. 23,467 [No. 23,467: Appellant sought review of an order by the district court which entered a judgment of conviction by the jury of three counts; Decided: 29 September 1969]
27-5 Harris, Albert, Jr. v. Louie L. Wainwright, Director, et al. No. 24,492 [No. 24,492: Appellant challenged the decision of the district court, which denied his application for a writ of habeas corpus; Decided: 21 January 1969]
27-6 Hart, C. E. v. Thomas Blakemore No. 24,100 [No. 24,100: Appellant tugboat operator challenged a judgment of the United States District Court, which found that 75 percent of the fault from damages arising from a tow of appellee boat owner's craft should be attributed to the unseaworthiness of the craft and 25 percent to the negligence of appellant; Decided; 21 April 1969]
27-7 Hiott, David Lynneous v. United States of America No. 22,678 [No. 22,678: Defendant appealed his conviction entered in a federal district court pertaining to the illegal possession of liquor, on the ground that the district court committed error in the denial of defendant's motion to suppress evidence seized without a warrant; Decided: 23 October 1967]
27-8 Manning, R. H. v. M/V "Sea Road", her engines, et al. No. 24,300 [No. 24,300: Appellant, the strawboss of a longshore crew loading cargo on a stern ramp loader owned by appellee employer, sought review of a judgment of the United States District Court, which relieved appellee of liability in appellant's in rem libel suit against appellee and the vessel following an injury sustained by appellant when he fell through a defective manhole cover on the ship during loading operations; Decided: 16 October 1969]
27-9 Martinez, Eusebio M. Et al. v. Jose Rodriquez, et al. No. 24,319 [No. 37,377: Plaintiff father appealed the judgment of the trial court denying recovery in plaintiff's action against defendant for the wrongful death of his two-year-old daughter by drowning, and the United States Court of Appeals for the 5th Circuit certified for review the question whether plaintiff was barred from recovery by the contributory negligence of mother; Decided: 30 October 1968]
27-10 M/V "ENA K" and Blue Ribbon Shipping Company, Limited v. Donald A Monplaisir No. 24,195 [No. 24,195: Appellant challenged the District Court's decision, claiming that the damages awarded were inadequate; Decided: 4 March 1968]
27-11 National Labor Relations Board v. J. M. Machinery Corporation No. 23,756 [No. 23,756: After petitioner National Labor Relations Board affirmed a trial examiner's order directing respondent company to cease and desist its unfair labor practices to post notices and to bargain with the union upon request, petitioner sought enforcement of that order; Decided: 9 April 1969]
27-12 O'Donnell, Frank & Mary Artman v. The Dunspaugh-Dalton Foundation, Inc. No. 24,234 [No. 24,234: Appellant relatives of decedent appealed an order of the district court, which dismissed their complaint for lack of subject matter jurisdiction in appellants' suit brought against appellee charitable foundation seeking a decree impressing a constructive trust in their favor upon all assets held by appellee; Decided: 5 March 1968]
27-13 Stanley, George Thomas v. Louie L. Wainwright, Director, et al. No. 24,076 [No. 24,076: Defendant appealed from the order of the district court, which denied defendant's request for a writ of habeas corpus as insufficient on its face without an evidentiary hearing; Decided: 21 January 1969]
27-14 Wilcox, James Melvin v. United States of America No. 24,113 [No. 24,113: Defendant sought review of his conviction in the United States District Court for transferring counterfeit money; Decided: 11 December 1967]
27-15 Wirtz, W. Willard, Secretary of Labor, et al. v. Broward Marine, Inc., et al. No. 23,232 [No. 23,232: Appellant agency official sought review of a decision from the district cour, which concluded that appellee employer's business was a retail or service establishment, exempt, by virtue of the Fair Labor Standards Act in appellant's action brought under the act alleging that appellees, an employer and its employee, had violated overtime requirements of the act; Decided: 23 February 1968]
27-16 Blackstone Realty Company v. Commissioner of Internal Revenue No. 24,381 [No. 24,381: Petitioner company sought review of respondent Commissioner of Internal Revenue's decision which refused to accept petitioner's valuations of component parts of a sale in order to receive tax benefits granted to installment sales; Decided: 12 July 1968]
27-17 Broussard, Nathaniel P., et al. v. Columbia Gulf Transmission Company No. 24,843 [No. 24,843: Appellant property owners challenged a district court order, which mandated joinder of a non-diverse property owner and dismissed the suit for lack of jurisdiction in an action by appellant seeking an injunction and damages relating to an easement and right of way granted to appellee gas company for the construction of gas transmission pipelines; Decided: 12 July 1968]
27-18 City of Miami v. David M. Woolin & Annie Woolin, His Wife No. 24,350 [No. 24,350: Appellant city challenged the decision of a United States district court, which entered an order permanently enjoining appellant from enforcing Miami, Fla., Comprehensive Zoning Ordinance Number 6871 as to appellee property owner's land; Decided: 19 January 1968]
27-19 Cooper, Fred E. & Robert L. Kemp, Inc. v. American Universal Insurance Company No. 24,605 [No. 24,605: Appellant insured sought review of a United States District Court denial of insurance coverage to a damaged oil drilling rig, holding that there was no legal causation within the meaning of the "windstorm" provision of the policy. Appellant's rig was damaged when a wind of unusual force caused strands of tubing to come loose, which shifted the center of gravity enough to cause guy lines to pull loose, and caused it to overturn; Decided: 22 January 1968]
27-20 Cramco, Inc. v. National Labor Relations Board No. 24,461 [No. 24,461: Petitioner employer challenged an order of respondent National Labor Relations Board, which found that petitioner violated the National Labor Relations Act. Petitioner contended that its actions were taken pursuant to nondiscriminatory work rules regarding non-solicitation of employees; Decided: 22 July 1968]
27-21 Dupoint, Ralph v. United States of America No. 24,635 [No. 24,635: Defendant appealed the order of the United States District Court for the Middle District of Georgia, which overruled his objections to transferring the trial to another division and convicted him of possession of an unregistered distillery and working at such a place where the required signs had not been posted; Decided: 1 December 1967]
27-22 Fountain, Eggerson, et al. v. New Orleans Public Service, Inc. No. 24,696 [No. 24,696: Appellant survivors sought review of an order of a United States District Court, which dismissed their wrongful death action against appellee state agency for want of federal jurisdiction; Decided: 19 December 1967]
27-23 General Truckdrivers, Chauffeurs et al. v. National Labor Relations Board No. 24,363 [No. 24,363: Petitioner union appealed the judgment of respondent National Labor Relations Board which ruled that petitioner engaged in unfair labor practices by threatening a union member with a pistol and insisting that his employer discharge him. Petitioner argued that respondent lacked jurisdiction, because the union member had a remedy under the collective bargaining contract; Decided: 24 January 1968]
27-24 Gilliland, Lee, et al. v. United States of America No. 24,324 [No. 24,324: Appellants, a homebuilder and two co-defendants, challenged the judgment of the United States District Court for the District of Georgia. The district court convicted them of possession of a still, carrying on the business of a distiller without giving bond, carrying on the business of a distiller with intent to defraud the United States, and working at a still where no sign was placed and kept; Decided: 1 December 1967]
27-25 Harrison, Lloyd v. United States of America No. 24,432 [No. 24,432: Appellant challenged the judgment of the trial court, which convicted him of transferring a quantity of heroin not in or from the original stamped package; Decided: 2 January 1968]
27-26 Hebert, Alice Credeur & Davy James Credeur v. Petroleum Pipe Inspectors, Inc., et al. No. 24,648 [No. 24,648: Appellants challenged the District Court decision that the minors for whom this Jones Act suit was brought were not "children" within the meaning of the Act because they were the adulterously illegitimate offspring of the deceased father; Decided: 11 June 1968]
27-27 Henning, Mrs. Josephine H., et al. v. Lake Charles Harbor and Terminal District No. 24,586 [No. 24,586: Appellant landowners sought review from a decision of the district court, which determined that the taking of their land was constitutionally proper and that the amount of compensation was proper. Appellants claimed the taking was unconstitutional while appellee harbor district also sought review claiming the amount of compensation awarded was excessive; Decided; 4 January 1968]
27-28 Holden, A. L., et al. v. S. S. Kendall Fish, et al. No. 24,615 [No. 24,615: Appellant shipper sought review of the damage award that resulted from a decision of a United States District Court that found appellee carrier liable for damage as a result of the poor condition of cargo; Decided: 12 June 1968]
27-29 Jones, Nathan Tony v. United States of America No. 24,565 [No. 24,565: Defendant was convicted in the district court of failure to report for a civilian work assignment. He appealed, challenging the board's denial of his claim of ministry exemption and claiming that he was denied due process in the determination of his status; Decided: 17 January 1968]
27-30 Leonard, John M. v. United States of America No. 24,625 [No. 24,625: Defendant appealed the judgment of the United States District Court, which convicted him for violating the Dyer Act by transporting a car from Washington, D.C., to Miami, Florida, knowing the car was stolen; Decided: 5 December 1967]
27-31 Local Lodge #455, International Brotherhood of Biolermakers, et al. v. Paul Terry, et al. No. 24,387 [No. 24,387: Appellant union challenged a district court order, which entered judgment on a jury verdict awarding compensatory damages to appellee union members pursuant to appellant's oppressive actions, including the imposition of fines, against several of its members who crossed another union's picket lines; Decided: 18 July 1968]
27-32 Owen, William E. v. United States of America No. 24,595 [No. 24,595: Defendant appealed his conviction in the United States District Court for three separate falsifications on a loan application to the Small Business Administration; Decided: 1 December 1967]
27-33 Patton, Neal M., Jr. v. Southern Bell Telephone & Telegraph Company No. 24,206 [No. 24,206, CA 1710: Plaintiff customer filed an action seeking to recover damages allegedly suffered as the result of a malicious prosecution on the part of defendant telephone company. The telephone company propounded interrogatories to the customer, some of which were objected on the grounds that they were irrelevant and burdensome. The telephone company sought to compel the answers to its discovery; Decided: 15 October 1965]
27-34 Remington Arms Company, Inc. v. William W. Wilkins, III, a Minor, et al. No. 24,528 [No. 24,528: Appellant firearm manufacturer challenged the judgment of the United States District Court, which entered judgment in favor of appellee injured party in a negligence action against appellant for injuries incurred in a firearm explosion; Decided: 13 December 1967]
27-35 United States of America v. George E. Nelson, et al. No. 24,476 [No. 24,476: Appellant charged that the District Court's computation of the defendant-Appellees income did not include state sales taxes a part of the gross sales tax; Decided: 15 November 1967]
27-36 United States of America v. A. W. Richberg, d/b/a Richberg's Café No. 24,493 [No. 24,493: Appellant United States challenged the order of the district court, which dismissed appellant's that sought injunctive relief and alleged that the policy and practice of appellee was to segregate its customers by race and to refuse service whenever customers failed to abide by this policy; Decided: 12 July 1968]
Box 28: O-28/1st Cases/ 27 September 1965 – 6 May 1966
28-1 Barnes, Mack v. Dr. George J. Beto, et al. No. 22,223 [No. 22,223: Appellant alleges that he was arrested and sentence for armed robbery without warrant or probable cause; Decided: 25 October 1965]
28-2 Bethflor, S. S., et al. v. Joel Thomas No. 21,876 [No. 21,876: Appellants, companies and shipowner, sought review of a decision from the United States District Court for the Southern District of Texas, which granted appellee crewmember's motion to dismiss without prejudice his action against appellant, which alleged that due to appellants' negligence or unseaworthiness of the vessel, he sustained injuries while a member of the crew of that vessel; Decided: 8 August 1966]
28-3 Boyls, O. C., et al. v. W. Willard Wirtz, Secretary of Labor, et al. No. 21,873 [No. 21,873: Appellant claimed that the pilot and the flagman were exempted from the Fair Labor Standards Act, but contended that the employees at the office, hangar and warehouse who never when upon the farm were covered; Decided: 25 October 1965]
28-4 Brown & Root, Inc. v. American Home Insurance Company No. 21,766 [No. 21,766: Appellant tug owner challenged the judgment from a United States district court, which found appellant to have been negligent and allowed surveyor's fees and expenses in appellee cargo owner for the loss and damage to its deck-loaded cargo when the barge on which the cargo was loaded went aground. Appellant argued that it was entitled to the error-in-navigation defense under the Harter Act; Decided: 23 November 1965]
28-5 Del Genio, Fred v. United States of America No. 22,183 [No. 22,183: Appellant was convicted of transporting and conspiring to transport in interstate commerce, he moved for a new trial and the motion for new trial was denied; Decided: 2 November 1965]
28-6 Hamer, Mrs. Fannie Lou, et al. v. Cecil C. Campbell No. 22,552 [No. 22,552: Plaintiff black residents appealed a judgment of the federal district court, which held in favor of defendant county and dismissed plaintiffs' class action. In the action, plaintiffs sought the ability to vote in the upcoming elections and to run for municipal offices, though plaintiffs were unable to meet the poll tax and four-month registration requirements; Decided: 11 March 1966]
28-7 Henry, Noelle M. v. Coahoma County Board of Education, et al. No. 21,438 [No. 21,438: Appellant teacher sought review of a decision from the United States District Court for the Northern District of Mississippi, which denied appellant injunctive relief in her action that she brought to be re-hired by appellee school district; Decided: 3 December 1965]
28-8 Marin, Jose Manuel Froylan Diaz v. United States of America No. 21,718 [No. 21,718: Appellant sought review of a judgment by the United States District Court for the Southern District of Texas, which convicted him of conspiracy to smuggle heroin and concealing and facilitating the transportation of heroin. Appellant contended on review that United States law did not have extraterritorial jurisdiction in the case; Decided: 2 November 1965]
28-9 Mead's Bakery, Inc. v. Commissioner of Internal Revenue No. 21,996 [No. 21,996: Petitioner taxpayer sought review of the order from the Tax Court, which concluded that certain amounts advanced to petitioner's affiliate, in each of the years in question, represented unreasonable accumulation of earnings and that petitioner, during the years in issue, was availed of for the purpose of avoiding the income tax with respect to its shareholders; Decided: 19 July 1966]
28-10 Mills, Louis v. Mitsubishi Shipping Company No. 22,045 [No. 22,045: Appellant, a longshoreman, challenged the order of a United States District Court, which after a jury trial entered a judgment for appellee, a shipowner, on appellant's claim that appellee's failure to supply a seaworthy vessel resulted in personal injury. Appellant's motion for judgment notwithstanding the verdict was also overruled; Decided: 16 March 1966]
28-11 Mills, R. C. & Wife, Olivia Mills v. United States of America [No. 21,670: Appellant landowners sought review of an award of the district court in a condemnation action; Decided: 11 March 1966]
28-12 Moses, Charles Lannis, Sr. v. Dr. George J. Beto, Director, et al. No. 22,297 [No. 22,297: Appellant contended that the District Court denied writ of habeas corpus; Decided: 25 October 1965]
28-13 National Labor Relations Board v. The Bama Company No. 21,715 [No. 21,715: Petitioner National Labor Relations Board sought to enforce its order against respondent employer. Respondent claimed that the board had not established by substantial evidence that respondent was guilty of unfair labor practices; Decided: 18 November 1965]
28-14 Oberg, David Allen v. United States of America No. 21,883 [No. 21,883: Appellant sought review of his conviction for the transportation of a stolen vehicle from the United States District Court of Texas and argued that police did not comply with Texas law when they obtained a written statement from him; Decided; 12 November 1965]
28-15 Rural Electrification Administration, et al. v. Central Louisiana Electric Company, Inc. No. 22,256 [No. 22,256: Appellant, an electric agency, sought review from a judgment of a United States district court of Louisiana, which granted the preliminary injunction of appellees, private power companies, to prohibit the sale and transmission of electric power to various electric cooperatives having previously been served by appellees; Decided: 13 January 1966]
28-16 Silberblatt, S. S., Inc., et al. v. United States of America, et al. No. 22,123 [No. 22,123: Appellants, contractor and surety, challenged an order of the United States District Court, which held them liable to appellee paint supplier of a subcontractor for materials furnished for and used in a government project; Decided: 22 November 1965]
28-17 Simon, L. G., et al. v. Maryland Casualty Company No. 22,073 [No. 22,073: Plaintiff subcontractor appealed a declaratory judgment of the district court, denying plaintiff subcontractor coverage under a property insurance policy after plaintiff subcontractor's employees negligently caused a fire on the property; Decided: 23 November 1965]
28-18 Texsteam Corporation & Otto Schoenfeld, et al. v. Alva G. Blanchard, et al. No. 22,080 [No. 22,080: Defendants appealed the decision of the United States district court's finding that plaintiff's patent was valid and defendant had infringed it; Decided: 30 November 1965]
28-19 United States of America v. A.L. Ramsey, Circuit Court Clerk, et al. No. 22,315 [No. 22,315: Appellant United States of America challenged an order from the United States District Court which ordered appellee county voter registration officials to comply with the Voting Rights Act of 1965 but did not enjoin appellee from engaging in any act or practice which involved distinctions based on race in the voting registration process or issue an order freezing state voter registration requirements; Decided: 12 November 1965]
28-20 Welch, Eugene v. Dr. George J. Beto No. 22,185 [No. 22,185: Appellant inmate sought review of a judgment of the United States District Court for the Southern District of Texas, which denied his application for a writ of habeas corpus; Decided: 3 February 1966]
28-21 In Re: James Edward Atwood, Debtor No. 22,214 [Nos. 22,016, 22,058, 22,214, 22,215: The judgments in these cases are reversed and the proceedings are remanded to the District Court for reconsideration in light of the recent decision of the United States Supreme Court; Decided: 1 April 1966]
28-22 Boston Insurance Company v. Herman L. Gable, d/b/a Gable Floor Covering Company, et al. No. 22, 260 [No. 22,260: Appellant insurer sought review of a judgment from a United States district court, which granted summary judgment for appellee insured in appellant's action to limit its liability under an insurance contract because of an exclusion clause; Decided: 1 November 1965]
28-23 Causey, Charles & Burl E. v. United States of America No. 21,765 [No. 21,765: Appellant brothers, convicted of conspiracy and receipt, concealment and retention of United States postal money orders with the intent to convert the same to their use, sought review of a decision from a federal district court, which denied their motion for judgment of acquittal; Decided: 1 November 1965]
28-24 Chester, Marie, et al. v. A. C. Ross, Director of Internal Revenue, et al. No. 21,831 [No. 21,831: Appellants sought review of the District Court's ruling to determine whether a tax claim was pending against B. M. Chester; Decided: 29 October 1965]
28-25 Fitzgerald, Edward A., Jr. & J. L. Witt v. United States of America No. 21,880 [No. 21,880: Appellant sought review of the District Court's denial of appellant's motion to vacate; Decided: 27 October 1965]
28-26 In Re: Peggie S. Griffin, Debtor No. [Nos. 22,016, 22,058, 22,214, 22,215: The judgments in these cases are reversed and the proceedings are remanded to the District Court for reconsideration in light of the recent decision of the United States Supreme Court; Decided: 1 April 1966]
28-27 Jackson, Willie v. United States of America No. 21,919 [No. 21,919: Appellant bases his case here on his contention that the search which produced the illegal whiskey was made in connection with an illegal arrest, and since the search was made without a warrant, it was error for the trial court to admit in evidence the fruits of the search; Decided: 16 November 1965]
28-28 Joyner, Vasco Lee v. United States of America No. 22,079 [No. 22,079: Appellant challenged his conviction in the United States District Court for the Southern District of Florida on two counts of a four count indictment for conspiracy; Decided: 21 October 1965]
28-29 National Labor Relations Board v. Southwire Company No. 21,784 [Nos. 20,008 and 21,784: Petitioner's petition for rehearing was denied; Decided: 28 October 1970]
28-30 Norton, Mrs. Grace v. the Greyhound Corporation No. 22,004 [No. 22,004: This appeal deals with the efforts of an insured to avoid the bar imposed upon her personal injury action by reason of a settlement consummated by the insurer without her knowledge or consent on a date prior to an enactment of the Georgia General Assembly hich would have left her free to sue; Decided: 29 October 1965]
28-31 Paige, Frank v. A.L. Potts, Sheriff, Coweta County, Georgia No. 21,975 [No. 21,975: Appellant state prisoner challenged a decision of a United States district court, which denied his petition for writ of habeas corpus without a hearing because it was clear from the record that appellant had not been deprived of any federal constitutional right; Decided: 21 December 1965]
28-32 Robinson, Hughes Alonzo, Sr. v. Tommy C. Mann, Trustee, et al. No. 22,639 [No. 22,639: Appellant sought review of the District Court's decision that he made an intent to defraud creditors with the result that appellant's discharge in bankruptcy was denied; Decided: 29 October 1965]
28-33 Rowe, James Burley, Jr., (III) v. J. K. Zellner, Jr., et al. No. 22,078 [No. 22,078: Appellant buyer challenged an order from the United States District Court for a District of Georgia, which dismissed his diversity suit for damages for alleged malicious prosecution, upon appellee car dealer's motion for summary judgment, and held that appellant's conviction on a theft charge conclusively established probable cause for appellee's prosecution of the matter; Decided: 22 November 1965]
28-34 Smart, David M. v. R. P. Balkcom, Jr., Warden, Georgia State Prison No. 22,564 [No. 22,564: Appellant sought review of a judgment from a United States District Court in Georgia that denied his petition for a writ of habeas corpus and argued that he was illegally convicted of two crimes that arose out of the same transaction and that his appointed counsel failed to challenge his conviction; Decided: 1 November 1965]
28-35 Sutton, Master v. United States of America No. 22,548 [No. 22,548: Appellant inmate sought review of the judgment of the United States District Court, which denied inmate's motion to vacate sentence. Inmate claimed his guilty pleas were null and void because federal agents failed to advise him of his right to counsel at every stage of the criminal proceedings; Decided: 29 October 1965]
28-36 Tarrin, Robert Lee v. United States of America No. 22,044 [No. 22,044: Appellant sought review of the decision of a United States district court, which convicted him of transporting a falsely made security in interstate commerce. Appellant asserted that it was error for the trial judge to inform the jury that he had been found competent to stand trial; Decided: 5 November 1965]
28-37 Tolg, Tom Taylor v. T. Ralph Grimes, Sheriff of Fulton County, Georgia No. 21,661 [No. 21,661: Appellant citizen sought review from a judgment of the United States District Court for the Northern District of Georgia, which denied the petition of appellant for a writ of habeas corpus after he was convicted of refusing and failing to leave the premises of a public restaurant in a case against appellee sheriff; Decided: 24 January 1966]
28-38 United States of America v. Harry Barfield Company, Inc. No. 21,948 [No. 21,948: Appellant United States sought review of an order from a United States district court, which denied its motion for a new trial following a jury verdict entered in favor of appellee taxpayer corporation in a suit filed by appellee for a refund of deficiencies paid by appellee; Decided: 12 April 1966]
28-39 Walls, Oria L., John Jackson, Asa Zackery & E. D. Atkins v. Southern Railway Company, et al. No. 21,759 [No. 21,759: Appellants alleged discrimination based on race; Decided: 27 October 1965]
28-40 Williams, The Birkett L. Company, et al. v. James Smith, et al. No. 22.040 [No. 22,040: Appellant automobile dealers challenged the judgment of the United States District Court, which denied appellants' motions for summary judgment against appellee auctioneer but granted appellee's motion for summary judgment against appellants. In two separate trover actions for the alleged wrongful conversion of automobiles that were consolidated for trial, appellants contended that appellee was liable for auctioning vehicles without proper title; Decided: 30 November 1965]
28-41 Burwell, James Oliver v. United States of America No. 22,306
28-42 Continental Oil Company v. Federal Power Commission No. 22,163 [Nos. 22,163, 22,867, 22,868, 22,869: Petitioners, associated oil companies, sought review of respondent Federal Power Commission's orders which required certification of petitioners' lease-sale agreements under the Natural Gas Act; Decided: 19 December 1966]
28-43 Cooper Stevedoring of Louisiana, Inc. v. A. G. Pappadakis, et al. No. 21,980 [No. 21,980: Appellant stevedoring company sought review of the order from the district court, which dismissed appellant's libel action against appellee ship owners and agents to recover unpaid charges under a charter-party; Decided: 18 July 1966]
28-44 Holmes, John V., et al. v. United States of America, et al. No. 22,052 [No. 22,052: Decided: 13 December 1965]
28-45 Lakeshore Development Corporation, et al v. Gulf Insurance Company No. 22,187 [No. 22,187: Defendant insured challenged an order from a federal district court, which granted summary judgment to plaintiff insurer in its suit for a declaratory judgment that it was not liable for damages that arose from an accident that involved defendant's insured vehicle that was used as a courtesy car. The district court held the use fell within the excepted use of public or livery conveyance; Decided: 9 December 1965]
28-46 Mack, Adam Amos & Shelton Williams v. Victor G. Walker, Warden, et al. No. 21,993 [No. 21,993: Petitioners appealed an order of the United States District Court that denied their applications for writs of habeas corpus, arguing that they were denied due process and equal protection because minorities were intentionally included on the general and grand jury venires and because they were not furnished a verbatim transcript of trial proceedings; Decided: 26 September 1966]
28-47 Markow, Herbert L., et al. v. Charles H. Alcock, et al. No. 21,502 [No. 21,502: Plaintiff trustee sought review of an order from a United States district court that denied plaintiff's motion to set aside a mortgage transaction between defendant banks and other corporation because other corporation was not owned by bankrupt. The court held that bankrupt was not considered owner of other corporation because the corporate existence of other corporation could not be disregarded; Decided: 7 February 1966]
28-48 Marshall, Mr. & Mrs. Rufus, Jr. v. Southern Farm Bureau Casualty Company No. 22,247 [No. 22,247: This was an action in tort for alleged wrongful death arising from a motor vehicle accident; Decided: 13 December 1965]
28-49 Motor Vessel, Bayou Plaquemine, Oil Transport Company, Inc.& Gulf Stream Towing Company, Inc. v. Warrior & Gulf Navigation Company, et al. No. 21,786 [No. 21,786: Appellants challenged that the evidence that District Court based its decision on was insufficient; Decided: 26 November 1965]
28-50 National Labor Relations Board v. Hankins Container Company, et al. No. 21,658
28-51 Perkins, Frank v. Coal Operators Casualty Company, et al. No. 21,799 [No. 21,799: Appellant alleged injury to the right hand from a falling log, he challenged the District Court's judgment for the Defendants; Decided: 13 December 1965]
28-52 Sigue, Althimus v. Texas Gas Transmission Corporation No. 22,283 [No. 22,283: Plaintiff landowner sought review of a summary judgment from a United States District Court, which found that defendant pipeline acted under the authority of 15 U.S.C.S. § 717f(h), when it located a second above-ground valve on an existing right-of-way, and did not violate plaintiff's rights; Decided: 13 December 1965]
28-53 Smith, T. & Son, Inc.vs. P. J. Donovan, Deputy Commissioner, et al. No. 21,956
28-54 United States of America v. Fred D. Temple No. 21,823 [Nos. 21,822, 21,823: The government appealed a judgment from a United States district court, which held that appellee taxpayer's profits from certain real estate transactions were taxable as capital gains, rather than as ordinary income derived from the sale of property held primarily for sale to customers in the ordinary course of business; Decided: 7 January 1966]
28-55 Wier, Lela S. v. James L. Enochs, Director of Internal Revenue No. 21,820 [No. 21,820: This is an appeal from a judgment, based upon a jury verdict, rejecting appellant's demands in an income tax refund suit; Decided: 26 November 1965]
28-56 Willett, Estate of J. O., Deceased et al. v. Commissioner of Internal Revenue No. 21,971 [No. 21,971: Appellant taxpayer sought review of a decision from the tax court, which upheld the determination of appellee, Commissioner of Internal Revenue. Appellee ruled that the incorporation of appellant's proprietorship, which had previously elected to be taxed as a corporation was a taxable event; Decided: 29 July 1966]
28-57 Zero Manufacturing Company, Inc. v. Mississippi Milk Producers Association No. 21,624 [No. 21,624: Appellant sought review of the judgment of a United States district court, which found both its patents to be invalid, thus making it unnecessary to reach the infringement issue, and dismissed appellant's patent infringement complaint against appellee; Decided: 22 March 1966]
28-58 Carloate Industries, Inc. v. United States of America No. 22,144 [No. 22,144: Appellant taxpayer challenged the decision of the United States District Court for the Southern District of Texas, which limited appellant's claim for a refund of taxes to a casualty loss deduction for trees that were destroyed by a freeze; Decided: 4 January 1966]
28-59 Gamble, Robert Kirby v. Dr. George Beto, Director, et al. No. 21,985 [No. 21,985: Appellant was convicted of murder and sentenced to twenty-five years imprisonment. The appellant challenged that Miranda was not read to his before bing interrogated by federal agents; Decided: 14 July 1966]
28-60 The Great Atlantic and Pacific Tea Company, Inc. v. National Labor Relations Board No. 22,180 [No. 22,180: Petitioner employer appealed and sought to set aside an order of respondent National Labor Relations Board issued against petitioner. The order found that petitioner violated federal law by discharging an employee and coercively interrogating two other employees. Respondent petitioned for enforcement of its order; Decided: 10 January 1966]
28-61 Gulf, Colorado & Santa Fe Railway Company v. Robert McClelland No. 22,329. Houston, Friday, December 3, 1965 [No. 22,329: Appellant employer sought review of the order of the trial court, which rendered a verdict in favor of appellee employee for injuries he suffered from contact dermatitis resulting from exposure to hot railroad engines and surrounding conditions. Appellee filed his complaint pursuant to the Federal Employers' Liability Act; Decided: 7 January 1966]
28-62 Lyles, Burl Eugene v. Dr. George J. Beto, Director, et al. No. 20,658 [No. 20,658: Appellant sought review of an order by the United States District Court for the Southern District of Texas which denied appellant's petition for writ of habeas corpus after he was convicted by a jury for the offense of burglary in state court; Decided: 12 March 1964]
28-63 Mallonee, Eugene E. v. Sidney Lanier, Warden, Texas Department of Corrections No. 22,069 [No. 22,069: Mallonee is confined in the Texas State Penitentiary serving a sentence of life imprisonment resulting from his conviction of the offense of rape. He brought this habeas corpus proceeding alleging that he had been deprived of his liberty without due process of law; Decided: 10 January 1966]
28-64 Mosanto Chemical Company v. Edwin R. Payne No. 21,900 [No. 21,900: Defendant company sought review after the trial court of Texas entered judgment in favor of plaintiff independent contractor, following a trial by jury. Defendant contended that the trial court should have granted its motion for a directed verdict as to plaintiff's claims for personal injury; Decided: 11 January 1966]
28-65 Melton, Ray v. The Greyhound Corporation No. 21,913 [No. 21,913: Appellant passenger sought review after the trial court granted summary judgment to appellee carrier in appellant's personal injury action; Decided: 27 December 1965]
28-66 Nagell, Richard Case v. United States of America No. 21,620 [No. 21,620: Appellant prisoner sought review after the trial court in Texas convicted him of having entered a federally insured bank with intent to rob and of attempting to commit robbery, following a trial by jury. The trial court denied appellant's motion for a new trial; Decided: 4 January 1966]
28-67 National Labor Relations Board v. Cactus Petroleum, Inc. No. 21,961 [No. 21,961: Petitioner National Labor Relations Board sought enforcement of its order holding that respondent employer violated the National Labor Relations Act by its bad faith refusal to recognize the union as a bargaining agent, discriminatory discharge, and coercive remarks; Decided: 2 February 1966]
28-68 National Labor Relations Board v. Miri-Pak, Inc. No. 22,142 [No. 22,142: Petitioner National Labor Relations Board sought enforcement of an order it issued against respondent employer. Petitioner found that respondent violated the Act by discharging employees because of their union activities, by telling the employees they might be discharged for attending a union meeting, and by prohibiting union solicitations by employees during nonworking time; Decided: 29 December 1965]
28-69 Opela, Alfred Alphonse v. United States of America No. 22,076 [No. 22,076: Appellant was convicted under the Dyer Act. This appeal is based on the contention that appellant was denied the right to counsel at a critical stage of the proceedings against him; Decided: 7 January 1966]
28-70 Parks, Edgar Earl v. United States of America No. 21,576 [No. 21,576: Defendant appealed his conviction for bribery by the United States District Court. Defendant also petitioned the court for rehearing; Decided: 10 December 1965]
28-71 Phillips, Loyce & Inez v. United States of America No. 22,253 [Nos. 22,253, CA 4179: Plaintiff taxpayers, a husband and wife, brought suit against defendant United States in an income tax refund case; Decided: 2 December 1965]
28-72 Rosiello, Bertha, et al. v. C. Arthur Sellman & C. A. Siemann, et al. No. 22,203 [No. 22,203: Appellants, wife and husband, sought review of an order from a United States district court, which denied their motion for a new trial that raised the issue of the adequacy of the damages awarded to appellants in their negligence action against appellees, company and others; Decided: 13 December 1965]
28-73 Turner, Elmo A., Jr. v. Jack Tar Grand Bahama, Limited, et al. No. 22,234 [No. 22,234: Appellant individual sought review from the judgment by the United States District Court in Texas, which dismissed appellant's action against appellee Bahamian corporation for lack of in personam jurisdiction. Appellant brought an action in Texas to recover for personal injuries sustained while attending a sales convention held at appellee's hotel in the Grand Bahamas; Decided: 10 December 1965]
28-74 Ward, Frank v. Major General W. T. Hudnell & Lieutenant Colonel Raymond F. Stone No. 21,840 [No. 21,840: Plaintiff appealed a judgment from the United States District Court for the Western District of Texas which dismissed his action against defendant military officers for wrongful termination; Decided: 21 September 1966]
28-75 Williams, Thomas Lorenzo v. Dr. George J. Beto, Director, et al. No. 21,631 [No. 21,631: Appellant sought review after the United States district court denied his petition for a writ of habeas corpus. Appellant contended that he did not have effective assistance of counsel in the state court trial; Decided: 28 December 1965]
28-76 Yancey, Hubert Lee v. Union Carbide Corporation & C. W. Covington, No. 22,338 [No. 22,338: Appellant challenged that there was insufficient evidence for the jury to find contributory negligence by the plaintiff; Decided: 10 December 1965]
28-77 American Casualty Company v. Ten Tex Corporation No. 22, 389 [No. 22,389: Appellant insurer and appellee insured challenged an order of a United States district court, which held that appellee's manufacturing stock, materials, and supplies were covered by their policy with appellant and dismissed appellee's claim for a penalty and attorney fees for alleged bad faith as to a refusal to pay its claim; Decided: 11 March 1966]
28-78 Blueberry Land Company, Inc. and Richmond Hill Land Company, Inc. v. Commissioner of Internal Revenue No. 22,319 [No. 22,319: Petitioner corporate taxpayers challenged the decision of a United States tax court, which found that the disposition made by an intermediate corporation, which first purchased all of petitioners' stock and then liquidated the stock, was in fact a sale by petitioners; Decided: 16 May 1966]
28-79 Colbert, Melvin v. United States of America No. 22, 494 [No. 22,494: Appellant was convicted by a jury of narcotics violations, he sought review of the district courts ruling of a mistrial; Decided: 28 January 1966]
28-80 Dunn, H. Mitchell, Jr. v. A. C. Ross, District Director of Internal Revenue No. 22, 499 [No. 22,499: Appellant attorney challenged a decision of a federal district court, which ordered him to produce a client's old tax records. Appellant contended that appellee District Director of Internal Revenue had no right to subpoena records for time-barred years where there was no question of fraud involved; Decided: 4 February 1966]
28-81 The First National Bank of Birmingham, Alabama, et al. v. United States of America No. 22, 075 [No. 22,075: Appellants sought review of decision by the U.S. District Court that denied appellants' judgment on the pleadings and granted appellee government's motion for summary judgment in appellants' action for a refund for a portion of decedent's estate tax; Decided: 29 March 1966]
28-82 Fulton National Bank v. Mrs. Lucille M. Tate No. 22, 467 [No. 22,467: Appellants, beneficiaries, sought review of a judgment from the federal district court, which held that appellants had the burden of proving that appellee executor breached his fiduciary duty to the estate when he received land in connection with action taken on behalf of the estate and that appellants had failed to sustain their burden; Decided: 14 July 1966]
28-83 Holmes, John V. et al. v. William Lucius Cary, et al. No. 22, 098 [No. 22,098: Appellant challenged that this case did not meet the requirements of the Securities Exchange Act of 1933; Decided: 19 January 1966]
28-84 Hurst, Joseph J. v. United States of America No. 22, 399 [No. 22,399: Appellant challenged a judgment of a United States District Court that convicted him after a jury trial of conspiracy to violate certain sections of the Internal Revenue Code relating to non-tax-paid whiskey, as well as substantive violations of the same sections. Appellant had also been convicted of the same offenses in a previous jury trial, but the convictions were reversed on appeal; Decided: 5 January 1967]
28-85 Lastinger, Harry James v. United States of America No. 22, 524 [No. 22,524: This appellant pleaded guilty to an indictment charging him with two felonies involving a United States Treasury check. He moved for vacation of sentences, alleging that "at no time, in either the pre-trial proceedings or in the trial itself, was Movant either advised of his right to have counsel appointed for him by the Court or offered the assistance of legal counsel;" Decided: 28 January 1966]
28-86 National Labor Relations Board v. Douglas County Electric Membership Corporation No. 22, 484 [No. 22,484: Petitioner board sought enforcement of an order demanding that respondent employer cease and desist and bargain collectively with the union upon request. National Labor Relations Act; Decided: 22 March 1966]
28-87 Nationwide Life Insurance Company v. Mrs. Margaret White Shands No. 22, 432
28-88 Rider, John Henry v. United States of America No. 22, 271 [No. 22,271: Appellant sought review of the decision of the lower court, which upheld the commissioner's issuance of a search warrant; Decided: 19 January 1966]
28-89 Smith, Harold Franklin v. United States of America Nos. 22, 156. 22,157 [Nos. 22,156, 22,157: Appellants sought review of the judgment of a United States district court, which denied their motions for judgment of acquittal following their conviction for illicit liquor operations; Decided: 24 January 1966]
28-90 United States of America v. Violet Hickox, et al. No. 22, 317 [No. 22,317: Appellant, the United States, challenged the order of a United States District Court in Georgia, which granted the motion for a directed verdict made by appellees, a taxpayer, his wife and sister, and a bank, at the close of appellant's case. Appellant argued that appellee taxpayer sought to avoid payment of excise taxes by making fraudulent conveyances of his farm to his family members; Decided: 25 February 1966]
28-91 United States of America v. The Farmers Bank of Douglas, Georgia No. 22, 613
28-92 Williams, Homer v. Dr. George J. Beto, Director, et al. No. 21,960
Box 29: O-29/1st Cases/27 September 1965/ 6 May 1966
29-1 United States of America v. Jackson Oldsmobile, Inc.No. 22, 485 [No. 22,485: Appellant United States sought review of a decision of the federal district court allowing appellee corporation to carry over its 1953 and 1954 net operating losses and to deduct them from profits earned during 1956 and 1957; Decided: 23 January 1967]
29-2 Victory Motors of Savannah, Inc. v. Chrysler Motors Corporation No. 22, 459 [No. 22,459: Plaintiff franchisee challenged an order of a United States district court, which held that defendant franchisor was entitled to a grant of its motion for a directed verdict as to plaintiff's breach of contract suit under the Automobile Dealers Suits Against Manufacturers Act on the basis that plaintiff did not make out a case; Decided: 15 March 1966]
29-3 Walker, Henry E. v. Olin G. Blackwell, Warden No. 22, 374 [Nos. 22,374, 22,379, 22,446, 22,455: Appellant prisoners challenged the decision of a United States district court, which dismissed, for lack of jurisdiction, appellants' petitions alleging that they had been harassed and denied the right to worship and practice their religion by appellee warden. The district court held that 28 U.S.C.S. § 1343 and 42 U.S.C.S. §§ 1983-1985 provided a remedy for deprivation of civil rights only under color of law of a state or territory; Decided: 7 April 1966]
29-4 Wirtz, W. Willard v. Atlantic States Construction No. 21, 258 [No. 21,258: Appellant Secretary of Labor sought review from a judgment of the United States district court, which held that the action was properly instituted by appellant's ratification thereof, but that appellee employer's wharf construction project was not under the coverage of the Fair Labor Standards Act; Decided: 7 March 1966]
29-5 Alsobrooks, Ollie v. John W. Gardner, Secretary of Health, Education & Welfare 22, 587 [No. 22,587: Appellant claimant sought review of a decision of a United States district court, which affirmed the findings of appellee Secretary of Health, Education, and Welfare that denied him disability benefits pursuant to the Social Security Act. Appellant, formerly a carpenter, alleged he was unable to work owing to his ailments, but appellee found that he could engage in substantial gainful activity; Decided: 25 February 1966]
29-6 Baker, Loy Lavator v. United States of America No. 22, 395 [No. 22,395: Appellant challenged an order of a United States district court, which convicted him of bank robbery and receiving the proceeds of the robbery; Decided: 25 February 1966]
29-7 Baton Rouge Coal & Towing Company v. Federal Barge Lines, Inc. & M/V America No. 22,177 [No. 22,177: The appellant challenges the findings of the United States District Court for the Eastern District of Louisiana holding that the sinking of the Tug John E. Coon was not the result of any negligence on the part of the towboat America causing or contributing to the cause of the accident involved; Decided: 10 February 1966]
29-8 Christiani, Luise S. v. First Federal Savings & Loan Association of Sarasota, et al. No. 22,526
29-9 Delta Steamship Lines, Inc. v. P. J. Donovan No. 22, 092 [No. 22,092: The appellant complains of an award by the Deputy Commissioner under the Longshoremen's and Harbor Workers' Compensation Act, which was affirmed by the United States District Court on motion for summary judgment; Decided: 10 February 1966]
29-10 Garrett, Byron F., E. J. Foster v. United States of America No. 22,574 [Nos. 22,574, 22,575, 22,576, 22,577, 22,720: Appellant sought review of the judgment from the United States District Court, convicting her of trespass after she refused to leave a restaurant, which request was made because of her race; Decided: 11 October 1966]
29-11 Hartfield, Jessie v. State of Mississippi No. 22, 574 [Nos. 22,574, 22,575, 22,576, 22,577, 22,720: Appellant sought review of the judgment from the United States District Court, convicting her of trespass after she refused to leave a restaurant, which request was made because of her race; Decided: 11 October 1966]
29-12 Henry, Horace Evans & Sue Seitz v. Commissioner of International Revenue No. 22, 619 [No. 22,619: Petitioners appealed an order of the United States Tax Court for the District of Mississippi imposing a tax deficiency and assessment for fraud; Decided: 22 June 1966]
29-13 Hester, B. M. v. Tempest Oil Company, et al. No. 22, 029
29-14 Louisiana and Arkansas Railway Company v. Export Drum Company, Inc. No. 21, 899 [No. 21,899: Appellant railway company challenged an order of an United States district court, which held that appellee shipping company could pay appellant a reduced tariff rate on shipments of used steel drums from Texas to Louisiana; Decided: 13 April 1966]
29-15 Murry, William V. v. Dr. H. F. DeMesquita No. 22, 276 [No. 22,276: Appellant challenged that the jury's verdict was based on insufficient evidence; Decided: 9 February 1966]
29-16 National Labor Relations Board v. Brennan's, Inc. No. 22, 168 [No. 22,168: Petitioner National Labor Relations Board, having found that respondent employer committed unfair labor practices of the National Labor Relations Act, ordered respondent to cease and desist from such practices and to offer reinstatement to one former employee with full back pay. Petitioner sought enforcement of its order; Decided: 23 August 1966]
29-17 Oil and Gas Income, Inc. v. Woods Exploration and Producing Company, Inc., et al. No. 22,030 [No. 22,030: Appellant challenged the District Court's dismissal of the suit against both Woods and Trotter; Decided: 17 June 1966]
29-18 Parker, Johnny Lee v. United States of America No. 22, 900 [No. 22,919, 22,900: Defendants appealed the order of the United States District Court that convicted them of criminal offenses. The first defendant was convicted of transportation of a stolen automobile in interstate commerce and the second defendant was convicted of receiving and concealing the same automobile first defendant stole; Decided: 6 May 1966]
29-19 Partin, Edward G. v. National Labor Relations Board No. 21, 970 [No. 21,970: The petitioner seeks to review and set aside an order of the Board which found that he violated the National Labor Relations Act; Decided: 10 February 1966]
29-20 Rierra, Dr. Rafael B. v. United States of America No. 21, 589 [No. 21,589: Appellant doctor sought review after the United States district court convicted him of mail; Decided: 8 March 1966]
29-21 Rimanich, John Vincent v. United States of America No. 22, 502 [No. 22,502: Appellant sought review of the decision of the district court, which denied his motion alleging various constitutional infirmities in the handling of his case; Decided: 17 March 1966]
29-22 Seals, Pearl L. v. John W. Gardner, Secretary of Health, Education & Welfare No. 22, 586 [No. 22,586: This was an action to review a decision of the Secretary of Health, Education, and Welfare denying appellant disability benefits under the Social Security Act; Decided: 11 February 1966]
29-23 St. John, Mrs. Sara, for her minor son, Anthony Ferrante, et al. v. New Amsterdam Casualty Company No. 21, 955 [No. 21,955: Appellant minor passengers sought review of the judgment of the United States district court, which granted appellee insured's motion for summary judgment and dismissed appellants' claim for personal injuries following an automobile accident; Decided: 3 March 1966]
29-24 Wade, Fletcher v. Raymond E. Neuman No. 21, 901 [No. 21,901: The appellant Wade is dissatisfied with a compensation order entered by the Deputy Commissioner pursuant to the Longshoremen's and Harbor Workers' Compensation Act and contends that he is entitled to additional compensation benefits and medical expenses; Decided: 14 February 1966]
29-25 American Motorists Insurance Company v. Leonard A. Cohen & Gerda Cohen, et al. No. 21, 771
29-26 Austin, Rudolph Jerome v. Louie L. Wainwright, Director No. 23, 007 [No. 23,007: In this case the appellant is a prisoner of the State of Florida, serving a life term sentence upon a conviction of rape. He sought federal habeas corpus relief on the contention that the product of an illegal search of his automobile was admitted in evidence against him, thus invalidating his conviction; 25 March 1966]
29-27 Bolden, Henry B. v. L. L. Wainwright, Director, Division of Corrections No. 22, 808 [No. 22,808: Appellant sought review of the District Court's decision alleging that he was denied writ of habeas corpus; Decided: February 1960]
29-28 Dent, Barbara R. v. Lyman C. Duncan, Jr., et al. No. 23, 259 [No. 23,259: Violation of the Voting Rights Act of 1965; Decided: 29 March 1966]
29-29 Duncan, John Arthur v. Louie L. Wainwright, Director No. 22, 970 [No. 22,970: This Appellant is a prisoner of the State of Florida, pursuant to conviction of the crime of armed robbery. He filed a petition in Florida Court for vacation of sentence alleging that he was denied counsel; Decided: 28 March 1966]
29-30 Emmett, Ernest Lee v. R. P. Balkom, Jr., et al., Warden, State Prison, Reidsville, Georgia No. 22,815 [No. 22,815: Appellant is a prisoner of the State of Georgia, serving multiple sentences pursuant to guilty pleas to numerous charges of robbery. He seeks federal habeas corpus on the ground that he was not represented by counsel in the State Court, that an involuntary confession was used against him, and that he had no preliminary arraignment or hearing; Decided: 25 March 1966]
29-31 International Brotherhood, et al. v. St. Regis Paper Company No. 22, 551 [No. 22,551: Plaintiff union appealed the decision of the trial court, which dismissed plaintiff's complaint against defendant employer. Plaintiff contended that a labor arbitrator acted in an arbitrary and capricous manner when he ordered that an employee could be charged. The trial court dismissed because of a lack of jurisdiction, holding that the arbitrator's decision was binding; Decided: 23 June 1966]
29-32 Life Insurance Company of Virginia v. Leroy J. Shifflet, et al. No. 22, 549 [No. 36,160: Appellee, decedent's estate, filed claim under life insurance policy, and appellant insurer refused to pay the claim on the basis that decedent insured made clearly incorrect statements of fact on highly material matters in his answers on the application; Decided: 31 May 1967]
29-33 Llerandi, Louis v. United States of America No. 23, 053 [No. 23,053: Appellant sought review of the judgment of the United States district court, which denied his motion to reduce his sentence, following his conviction of conspiracy and alleged violations of counterfeit laws; Decided: 28 March 1966]
29-34 Logan Lumber Company v. Commissioner of Internal Revenue No. 22, 390 [No. 22,390: Petitioner lumber company sought review of a decision from a tax court, which held that petitioner had under-reported its business income annually over a period of nine years, and which ruled that petitioner's litigation expenses were not deductible; Decided: 15 August 1966]
29-35 Maryland Casualty Company v. Citizens National Bank of West Hollywood, et al. No. 21, 992 [No. 21,992: Appellant surety sought to review an order entered by the lower court, which held that certain funds sought to be garnished by appellant were immune from garnishment and that the United States had a lien on the deposit, which was prior to appellant's judgment and dismissed the ancillary garnishment proceeding with prejudice; Decided: 13 May 1966]
29-36 Nash Miami Motors, Inc. et al. v. Commissioner of Internal Revenue No. 22, 393 [No. 22,393: Petitioners, car sale corporation and co-founder, appealed from adverse decisions of the tax court as to their civil liability for back taxes and civil fraud penalties assessed by respondent IRS Commissioner; Decided: 6 April 1966]
29-37 Protective Committee for Independent Stockholders, et al. v. C. Gordon Anderson No. 22, 652 [No. 22,652: Appellant stockholders sought review of an order from a district court, which confirmed an amended plan of reorganization under Chapter X of the Bankruptcy Act, which excluded appellants from any participation in the reorganized company; Decided: 12 August 1966]
29-38 Sanford, Joseph J. v. United States of America No. 22, 419 [No. 22,419: Appellant claimed that the summons from the Internal Revenue Service violated portions of the Defendant's Fifth Amendment rights; Decided: 28 March 1966]
29-39 Texas Importing Company, Limited v. Banco Popular de Puerto Rico, et al. No. 22, 445 [No. 22,445: Appellant sought review of the order of the United States District Court for the Southern District of Florida approving a plan of reorganization for debtor under Chapter 10 of the Bankruptcy Act and overruling appellant's specific objections to that part which rejected as an executory contract an unexpired lease of real property in which appellant was lessor and debtor was lessee; Decided: 26 April 1966]
29-40 United Benefit Fire Insurance Company v. Dunn Construction Company, Inc., et al. No. 22, 483 [No. 22,483: Appellant insurance company appealed an order of a United States District Court granting summary judgment to appellee materialmen in an action by plaintiff, as subrogee of principal contractor's rights, against defendant city to recover payments by it of claims against a principal contractor; Decided: 25 March 1966]
29-41 Wainwright, Louie L., Director, Division of Corrections v. Clarence Simpson No. 23, 074 [No. 23,074: Appellant director of the Division of Corrections, State of Florida sought review of a judgment of a Florida district court, which granted appellee's petition for writ of habeas corpus and ordered appellee released or retried after serving 120 days' detention; Decided: 11 April 1966]
29-42 Wainwright, Louie L., Director Division of Corrections v. Jimmie Temple No. 22, 469 [No. 22,469: Appellant government sought review of the decision of a United States district court, which set a time limit beyond which appellant was barred from further prosecution of criminal charges filed against appellee prisoner; Decided: 11 April 1966]
29-43 Bolduc, Edward William v. United States of America No. 22, 916 [No. 22,916: Appellant petitioned for review of the order from the district court, which resentenced him to eight years for violating the federal bank robbery; Decided: 18 July 1966]
29-44 Cohen, Benjamin v. United States of America No. 22, 505 [No. 22,505: Appellant sought review of the order from the district court, that convicted him of attempting to evade and defeat income taxes due and owing by him and his wife for the year 1960; Decided: 21 July 1966]
29-45 Grene, Robert v. United States of America No. 23, 382 [No. 23,382: Appellant moved to vacate sentence, he alleged that the "indictment did not inform the petitioner of the nature and substance of the charge"; Decided: 13 May 1966]
29-46 Heine, Leo Frederick v. United States of America No. 23, 119 [No. 23,119: The petitioner was convicted for possession of Federal Reserve notes. The petitioner asserts that he was denied the right to counsel and that the trial judge cited an improper title of the United States Code in sentencing him. The district court denied a hearing on the petition; Decided: 18 July 1966]
29-47 Hiott, David Lynneous v. United States of America No. 22, 678 [No. 22,678: Defendant appealed his conviction entered in a federal district court pertaining to the illegal possession of liquor, on the ground that the district court committed error in the denial of defendant's motion to suppress evidence seized without a warrant; Decided: 23 October 1967]
29-48 Hodges, Azell Jackson, Jr. v. United States of America No. 22, 682 [No. 22,682: The appellant was convicted for possession, removal, and concealment of distilled spirits. He moved that the evidence the court instructed the jury to consider was insufficient; Decided: 18 July 1966]
29-49 Honikman, Zuse v. Ruedd, Inc., et al. No. 22, 643 [No. 22,643: Appellant minority stockholder sought review of a judgment from a federal district court, which held in favor of appellee board of directors and dismissed appellant's complaint. Appellant sought to have declared void the action of appellee authorizing issuance of additional shares of common stock; Decided: 26 July 1966]
29-50 Inter – Continental Promotions Inc. v. William B. MacDonald, Jr., et al. No. 22, 685 [No. 22,685: Appellant, a national boxing promoter, sought relief from a judgment of the district court, dismissing, without leave to amend, its action to recover sums due under a contract for prize fight gate rights. The district court dismissed the action on the grounds that it was illegal to promote a "prize fight" under Fla. Stat. Ann. § 548.01-.03, thus making the contract illegal on its face and unenforceable; Decided: 10 October 1966]
29-51 Merrill, John Edward v. United States of America No. 23, 210 [No. 23,210: Defendant sought review of an order from a United States District Court, which convicted defendant for transportation of a stolen vehicle; Decided: 29 August 1966]
29-52 Potter, Robert Lafayette, Jr. v. United States of America No. 22, 793 [No. 22,793: Defendant challenged the decision of the district court in Florida, which convicted him of possession and removal of non-tax-paid distilled spirits; Decided: 23 June 1966]
29-53 Schultz, Francis Jarad v. United States of America No. 22, 523 [No. 22,523: The petitioner was prosecuted on a three-count indictment charging interstate transportation of falsely made and forged checks. He alleges that he was denied preliminary examination required by the Federal Rules of Criminal Procedure; Decided: 16 May 1966]
29-54 Six Twenty – Nine Productions, Inc. v. Rollins Telecasting, Inc., et al. No. 22, 624 [No. 22,624: Plaintiff advertising agency sought review of a decision from the federal district court, which granted defendant television station's motion for summary judgment in an action by plaintiff alleging violation of the Sherman Act and praying for an injunction and treble damages of the Clayton Act; Decided: 30 August 1966]
29-55 Smith, Kenneth Michael v. United States of America No. 23, 215 [No. 23,215: Defendant appealed a judgment of the district court, which convicted defendant of the interstate transportation of a motor vehicle; Decided: 12 May 1966]
29-56 Smith, Samuel Eugene v. United States of America No. 22, 695 [No. 22,695: Defendant sought review of a judgment from a federal district court, which convicted him of transportation and possession of distilled spirits without proper stamps; Decided: 18 July 1966]
29-57 St. Joe Paper Company v. Hartford Accident & Indemnity Company, et al. No. 22, 129 [No. 22,129: Plaintiff appealed from a judgment of the United States district court concerning a general verdict for defendants and the denial of plaintiff's motions for a directed verdict, for judgment notwithstanding the verdict, and for a new trial; Decided: 3 May 1966]
29-58 Steele, Clifford N., et al. v. Board of Public Instruction of Leon County, Florida No. 22, 684 [No. 22,684: Plaintiffs appealed from an order of the district court that denied their motion for further relief in connection with defendant school board's desegregation plan, alleging the district court erred in finding that plaintiffs' request for a unitary school system based on geographical attendance lines constituted a change in the basic structure of the desegregation plan; Decided: 18 January 1967]
29-59 Symonette Shipyards, Limited v. Lee Clark, et al. No. 22, 486 [No. 22,486: Appellant shipyards sought review of a decision from the district court, which found in favor of appellee injured and estates of decedents in the second appeal of the consolidated cases of appellees against appellant. The death case was filed under the Death on the High Seas Act and the Jones Act and the suit for injury was filed under the Jones Act and General Maritime Law; Decided: 15 August 1966]
29-60 Title and Trust Company of Florida v. United States of America No. 22, 725 [No. 22,725: The sole issue in this case is whether Section 832(b)(4) of the Internal Revenue Code permits the taxpayer, the appellant corporation, to deduct from its taxable income the "reserve for unearned income" established by it pursuant to the mandatory requirements of Section 625.111 of the Florida Statutes; Decided: 12 May 1966]
29-61 Torres, Rafael v. United States of America No. 22, 207 [No. 22,207: Appellant was charged and convicted of assault with a dangerous weapon, with intent to do bodily harm. Appellant contends there was a failure to prove intent, the indictment was insufficient, and the evidence did not support a guilty verdict; Decided: 13 May 1966]
29-62 Wainwright, Louie L., Director Division of Corrections, v. Leon D. Phillips No. 23, 075 [No. 23,075: The appellee in this proceeding pleaded guilty to the three counts with which he was charged in the indictment; Decided: 16 May 1966]
29-63 Wallace, Frank Theodore v. United States of America. No. 22, 814 [No. 22,814: Appellant was charged and convicted by a jury for violation of the Federal Bank Robbery Statute. Appellant challenges the ruling on the basis that it violated the admission into evidence of any statement made by the accused in the course of the psychiatric examination on the issue of his guilt; Decided: 19 May 1966]
29-64 Webb, William Michael v. United States of America No. 22, 885 [No. 22,885: Appellant alien challenged a judgment by a federal district court convicting him of stealing a truck in violation of the National Motor Vehicle Theft Act and of unauthorized entry into the United States in violation of the Immigration and Nationality Act; Decided: 14 December 1966]
Box 30: 4 December 1967-20 September 1968
30-1 Barzda, Stasys, et al. v. Quality Courts Motel, Inc. No. 24, 765
30-2 Bursten, Leonard L. v. United States of America No. 23,725 [No. 23,725: Defendant challenged his conviction in the district court of willful income tax evasion on the grounds that defendant's prosecution was barred by the statute of limitations, the trial judge erroneously failed to give defendant's requested instruction on advice of counsel, and that the trial judge deprived defendant of a fair trial by repeatedly interjecting himself into the trial; Decided: 27 May 1968]
30-3 Casalman, Thomas, et al. v. Joseph W. Upchurch, et al. No. 24,919 [No. 24,919: Appellants, driver and owner, challenged the order of the United States District Court, which entered judgment in favor of appellee father in appellee's action against appellants for the death of his son resulting from an automobile collision between appellants' truck and appellee's son's automobile; Decided: 13 December 1967]
30-4 Davis, Luther v. United States of America No. 24,922 [No. 24,922: This is an appeal from the denial of a motion to vacate a federal criminal conviction and judgment for breaking and entering a post office with intent to commit larceny; Decided: 15 December1967]
30-5 Davis, Troy L. v. John W. Gardner, Secretary, et al. No. 24,972 [No. 24,972: This is an appeal from a judgment of the district court affirming a decision of the Secretary that the appellant is not entitled to a period of disability nor to disability insurance benefits under the applicable provisions of the Social Security Act; Decided: 23 April 1968]
30-6 Driggers, William v. United States of America No. 24,727 [No. 24,727: A jury convicted the appellant of the unlawful sale of twenty gallons of whiskey without the immediate containers being stamped. He contends that the Court should have, in effect, instructed the hury that the defendant was not guilty by reason of entrapment further that objections should not have been sustained to the form of some of the questions sought to be propounded on behalf of appellant with reference to alleged entrapment; Decided: 14 December 1967]
30-7 Hart, Victoria A. v. David W. Hedrick, Trustee in Bankruptcy, et al. No. 24,547 [No. 24,547: Appellant creditor appealed an order of the district court, which affirmed the decision of the referee disallowing her amended claim against the debtor in a bankruptcy proceeding. Appellee trustee filed a motion to dismiss the appeal; Decided: 21 February 1968]
30-8 Hartley, Marvin S., et al. v. Hartford Accident & Indemnity Company No. 24,771 [No. 24,771: Plaintiff insurance company filed suit against defendant, receiver of an insolvent bank, for a declaratory judgment that a fidelity bond it issued to the bank was void, and without effect to cover any losses incurred by the fraudulent acts of one of the bank's partners; Decided: 4 January 1968]
30-9 Hill, Johnny Leo v. Dr. George J. Beto, Director, et al. No. 24,475 [No. 24,475: Appellant sought review of a judgment of a United States District court, which denied his petition for writ of habeas corpus as to his conviction and sentence for bank robbery. Appellant contended that the sentence imposed by the State of Texas effected an enlargement of punishment since the maximum he could have received under the federal conviction was twenty-five years; Decided: 21 February 1968]
30-10 Huber, Dietrich Walter v. United States of America No. 24,994 [No. 24,944: Appellant challenged an adverse ruling by the federal district court, upon a motion for relief seeking credit for time spent in presentence custody; Decided: 21 February 1968]
30-11 Irwin, Hal v. R. H. Burson, et al. No. 24,894 [No. 24,894: Appellant, a prisoner in the Georgia penitentiary, has been making extended and extensive efforts to sue certain officials of the Georgia State prison system, including the prison doctor, for damages for personal injuries he claims to have sustained when he allegedly was x-rayed without his consent. He alleged that he had been denied access to the Georgia State Courts or the effective prosecution of his suit; Decided: 27 December 1967]
30-12 Jefferson Memorial Gardens, Inc. v. Commissioner of Internal Revenue No. 24,773 [No. 24,773: Petitioner cemetery sought review of a decision of the Tax Court upholding income tax deficiency assessments against it and presented two questions for decision; Decided: 30 January 1968]
30-13 Jennings, Jacob v. United States of America No. 24,358 [No. 24,358: Appellant sought review of the order from the district court, which convicted him of unlawfully transporting a motor vehicle in interstate commerce; Decided: 8 March 1968]
30-14 Litton, D. H. v. Dr. George J. Beto, Director, et al. No. 24,896 [No. 24,896: Appellant prisoner challenged an order of a United States District Court, which denied his petition for habeas corpus without a hearing and without findings of fact; Decided: 15 December 1967]
30-15 Padgett, James Edward v. Louie L. Wainwright, Director, et al. No. 24,720 [No. 24,720: This appellant from denial of a writ of habeas corpus is a Florida State convict serving a life sentence imposed upon conviction for first degree murder; Decided: 28 December 1967]
30-16 Ragsdale, Gary Chilton v. Dr. George J. Beto, Director, et al. No. 24,809
30-17 Roach, Freddie v. G. T. Mauldin, Sheriff, et al. No. 24,793 [No. 24,793: Appellant prisoner sought review of the order from the United States District Court for the Northern District of Georgia, which denied his petition for a writ of habeas corpus, which challenged the racial makeup of the available jurors; Decided: 18 March 1968]
30-18 J. H. Rutter-Rex Manufacturing Company, Inc. v. National Labor Relations Board Nos. 23,744, 23,989 [Nos. 23,744, 23,909: Petitioner employer sought review of an order of respondent National Labor Relations Board, which found that petitioner was liable to striking employees for backpay based on petitioner's unfair labor practices; Decided: 23 July 1968]
30-19 Silva, Richard v. Dr. George J. Beto, Director, et al. No. 24,806 [No. 24,806: Appellant contends that his pleas of guilty to the above offenses were not freely and voluntarily entered because he was compelled to plead guilty by his retained counsel, now deceased. Appellant also complains that he was denied trial by jury and confrontation of witnesses, and that the indictments were invalid in several respects; Decided: 26 December 1967]
30-20 Transonic Corporation v. E. Edelmann & Company No. 24,707
30-21 Wade, Carroll E. v. Louie L. Wainwright, Director, et al. No. 25,138 [No. 25,138: The record reveals that this habeas corpus applicant, presently serving a fifteen year sentence imposed by the State of Florid, has never received an evidentiary hearing in either state or federal courts on his contention that his plea of guilty was not voluntary, but was induced by threats and unkept promises. The allegations are sufficient to require such a hearing; Decided: 14 December 1967]
30-22 Walker, Robert C. v. United States of America No. 24,730 [No. 24,730: Appellant challenged the duration of his sentence, alleging that he was denied writ of habeas corpus; Decided: 14 December 1967]
30-23 Warrior Constructors, Inc., et al. v. Harders, Inc. No. 24,580 [No. 24,580: Appellant government contractor challenged an order by the United States District Court for the Southern District of Mississippi, which awarded appellee subcontractor payment under the Miller Act; Decided: 26 December 1967]
30-24 Armstrong, Anne L. & Tobin v. R. L. Phinney, District Director of Internal Revenue No. 24,751 [No. 24,751: Appellant contested decision of trial court, in which the court held that it was not legally possible for appellant partner to be an "employee" of his partnership; Decided: 2 May 1968]
30-25 Barfield, Bobby Rufus v. United States of America No. 25,067 [No. 25,067: Defendant sought review of the order from the United States District Court, which convicted him of robbery of a national bank and assaulting a teller in the bank and sentenced him to a term of 25 years and imposed a fine; Decided: 11 March 1968]
30-26 Becker, William C. v. Dr. George J. Beto, Director, et al. No. 25,199 [No. 25,199: Appellant was convicted by a jury in a Texas state court of the crime of armed robbery. He alleges that he was denied writ of habeas corpus; Decided: 8 April 1968]
30-27 Clay, Cassius Marsellus, Jr. v. United States of America No. 24,991 [No. 24,991: Appellant challenged a judgment of the United States District Court, which upon a jury verdict convicted appellant for knowingly and wilfully refusing to report for and submit to induction into the armed forces of the United States. Appellant was sentenced to five years' imprisonment and a fine; Decided: 6 May 1968]
30-28 Cloud, Roy Allen v. State of Louisiana No. 25,414 [No. 25,414: Appellant was convicted in the Louisiana Courts of the crime of armed robbery. He alleges that the District Court denied a habeas corpus petition attacking the armed robbery conviction; Decided: 19 June 1968]
30-29 Conner, Jerry Wayne v. Dr. George J. Beto, Director, et al. No. 25,116 [No. 25,116: Appellant, a state prisoner, challenged a judgment in the United States District Court in Texas, that denied habeas corpus to appellant following an evidentiary hearing; Decided: 9 April 1968]
30-30 Eakes, Charles Edward v. United States of America No. 25,186 [No. 25,186: Appellant challenged the denial of his motion to vacate his sentence by the federal district court; Decided: 5 March 1968]
30-31 Insurance Company of North America v. Ruby Fay Chinowith No. 25,188 [No. 25,188: Appellant insurer challenged the decision of the District Court in Texas, which entered judgment in favor of appellee, a widow on her own behalf and on behalf of the minor children of the deceased, for workmen's compensation benefits, alleging that the district court erred in failing to grant its motion for a directed verdict at the close of appellee's case; Decided: 2 May 1968]
30-32 Mares, Santiago Vera v. United States of America No. 25,245 [No. 25,245: Defendant sought review of the order from the United States District Court for the Southern District of Texas, which acquitted him of smuggling marijuana into the United States, but convicted him of selling marijuana; Decided: 19 March 1968]
30-33 Martinez, Lillie H. v. John W. Gardner, Secretary of Health Education & Welfare No. 25,119 [No. 25,119: Appellant sought disability benefits under the Social Security Act claiming that she was unable on the critical date, September 30, 1960, to engage in any substantial gainful activity by reason of a medically determinable physical impairment. Appellant sought review of the case to determine whether the examiner's findings were supported by substantial evidence; Decided: 5 March 1968]
30-34 McCammon, James Richard, Jr. v. United States of America No. 24,992 [No. 24,992: Appellant attacks his Dyer Act convictions obtained on the ground that the pleas of guilty entered therein were not free and voluntary; Decided: 4 March 1968]
30-35 Monroe, Henry v. United States of America No. 25,285 [No. 25,285: This is an appeal from the denial of a motion to vacate sentence; Decided: 5 March 1968]
30-36 Petitioners of Local Union 390, International Brotherhood of Electrical Workers v. International Brotherhood of Electrical Workers No. 24,941 [No. 24,941: The appellants filed an "Original Motion" seeking for themselves (and others similarly situated) separation from Local 390 of the IBEW, including a charter from the Brotherhood for a separate local; Decided: 7 May 1968]
30-37 The Pure Oil Company v. Bethlehem Steel Company No. 24,892 [No. 24,892: Appellant, the owner of a vessel, sought review of a judgment from a United States District Court, which dismissed appellant's admiralty action against appellee, the owner of a shipyard, for negligence and breach of warranty of workmanlike performance in the repair of a fuel oil heater; Decided: 15 March 1968]
30-38 Schack, Leon G. v. Louie L. Wainwright, Director, et al. No. 25,259 [No. 25,259: The appellant is an inmate of the Florida State Prison at Raiford. He petitioned the district court for an injunction to obtain the right to have his mail relating to legal proceedings sent "postage prepaid by certified mail - return receipt requested". It is undisputed that the prison authorities have agreed to mail the appellant's correspondence and to give assurance that it has been posted; Decided: 5 March 1968]
30-39 Scotten, Frank and Mary v. Commissioner of Internal Revenue No. 24,689 [No. 24,689: The Tax Court found that under the facts and circumstances of this case, taxpayer had no "home" within the meaning and that he could not, therefore, deduct his unreimbursed living expenses; Decided: 7 March 1968]
30-40 Simons, Edward J., et al. v. Jerry Vinson & A. P. Clark, et al. No. 24,824 [No. 24,824: Plaintiff riparian landowners appealed an order of the United States District Court that dismissed their complaint against defendant federal agencies, defendant lessees and defendant oil purchaser, in which plaintiffs asserted ownership of accreted land and requested issuance of a quitclaim deed, damages and an accounting; Decided: 3 May 1968]
30-41 Smith, Robert L. v. Dr. George J. Beto, Director, et al. No. 24,888 [No. 24,888: Appellant filed an application for writ of habeas corpus; Decided: 1 March 1968
30-42 The State of Texas, et al. v. James C. Whittington No. 25,145 [No. 25,145: The government sought review of a decision of a district court in Texas, which entered judgment granting appellee's petition for a writ of habeas corpus to appellee who was a state prisoner serving a sentence for armed robbery; Decided: 29 March 1968]
30-43 Theriault, Henry William v. State of Mississippi No. 25,038 [No. 25,038: The appellant petitioned the district court to set aside his 1960 conviction for grand larceny because the Circuit Court of Forrest County, Mississippi, allegedly refused to appoint counsel to represent him, an indigent defendant. The appellant has completed service of that sentence and is not in any way restrained of his liberty because of it; Decided: 5 March 1968]
30-44 Thomas, Richard J. v. C. M. Simpson, Warden, et al. No. 25,260 [No. 25,260: Appellant contends that he was denied the right of defense, the trial court refused to admit evidence of two suicide attempts in support of the defense of insanity and the trial court refused to permit appellant's trial counsel to argue certain matters to the jury which allegedly were in evidence; Decided: 5 March 1968]
30-45 Thompson, Melvin v. Wingate White, Warden, et al. No. 25,247 [No. 25,247: Defendant appealed an order of the district court denying his petition for habeas corpus without a hearing. Defendant was convicted for possession of marijuana; Decided: 5 March 1968]
30-46 United States of America v. Gretchen E. Smith No. 24,864 [No. 24,864: Appellant United States government challenged a decision of the United States District Court, which found that a retired military officer had made an irrevocable assignment of his military retirement pay to appellee ex-wife in a divorce proceeding and appellant was thereby bound by such assignment; Decided: 16 April 1968]
30-47 Williams, David Lee, Terry Donald Martin & Donna Lee Cook v. United States of America No. 23,517 [No. 23,517: Defendants sought review of their conviction from the trial court for kidnapping and transporting the victim in interstate commerce. Defendants claimed error in the entering of evidence of an admission made by a defendant that he was a pimp, as well as allegedly inflammatory and prejudicial conduct by the prosecutor during voir dire and trial; Decided: 15 March 1968]
30-48 Wright, Stanley, et al. v. Texas Southern University, et al. No. 25,258 [No. 25,258: Appellant college students sought review of a decision from the United States District Court, which granted appellee university's motion for dismissal of appellants' claim that denial of their admissions violated constitutional rights. Appellants claimed that the denial was grounded upon their suspension for participating in peaceable assemblies protected by United States Constitution amendment I, and that they were not given notice and an opportunity to be heard; Decided: 9 April 1968]
30-49 Alfred, Mrs. Bertha, et al. v. MV Margaret Lykes, et al. No. 24,566 [No. 24,566: Appellant sought review of the judgment from the trial court, which granted appellees' motions to dismiss and for summary judgment, in appellant's suit against appellees for damages following the death of the deceased; Decided: 16 July 1968]
30-50 Archer, Patsy Ruth v. United States of America No. 24,636 [No. 24,636: Appellant sought reversal of her conviction from a United States District Court on one count of a two-count indictment charging appellant with interstate transportation of a stolen automobile; Decided: 11 April 1968]
30-51 Arias-Alonso, Baltazar v. Immigration & Naturalization Service No. 24,840 [No. 24,840: Petitioner alien sought review of an order issued by respondent, the Immigration and Naturalization Service, deporting petitioner; Decided: 20 March 1968]
30-52 Beck, Edward Earle v. United States of America No. 24,768 [No. 24,768: Appellant was convicted of smuggling marijuana; Decided: 20 March 1968]
30-53 Binks Manufacturing Company v. The Spee-Flo Manufacturing Corporation No. 24,851 [No. 24,851: Appellant charged appellee with patent infringement; Decided: 18 April 1968]
30-54 Delta Theatres, Inc. v. Paramount Pictures, Inc., et al. No. 25,068 [No. 25,068: Plaintiff theatre appealed a final judgment in a United States District Court, which dismissed with prejudice an antitrust action against defendant movie studios for failure to prosecute; Decided: 24 June 1968]
30-55 Dent, James C., et al v. St. Louis-San Francisco R. R. Company, et al. Nos. 24,810, 24,811, 24,813, 24,789 [Nos. 24,810, 24,789, 24,811, 24,812, 24,813: Two cases, with similar facts, were consolidated for appeal from a United States district court, which dismissed appellants' discrimination claims under Title VII of the Civil Rights Act of 1964 on the ground that there had been no conciliation; Decided: 8 January 1969]
30-56 Diamond Crystal Salt Company, et al. v. Grace Verret Thielman No. 24,863 [No. 24,863: Appellants, salt company and its insurer, challenged the decision of the United States District Court, which entered judgment for appellee widow in her action to recover damages for her own personal injuries and the wrongful death of her husband, which occurred while she and her husband were on a guided tour of the underground mine of appellant salt company; Decided: 10 May 1968]
30-57 Diaz, Donald A. v. United States of America No. 24,711 [No. 24,711: Appellant was convicted by a jury on a three-count indictment charging him with importing and bringing marijuana into the United States. He moved for a new trial; Decided: 2 March 1967]
30-58 Fazzio Real Estate Company, Inc., et al. v. Samuel Adams No. 24,825 [No. 24,825: Appellant bowling alley challenged the judgment of the United States District Court for the Eastern District of Louisiana, which found that the appellants' entire facility was covered under Title II of the Civil Rights Act of 1964 and enjoined appellants from withholding or denying appellee individual and the class he represented from enjoying the facilities on a racially nondiscriminatory basis; Decided: 24 May 1968]
30-59 Freeman, James Ray v. Aetna Casualty & Surety Company, et al. No. 24,755 [No. 24,755: Appellant employee challenged the decision of the district court, which rendered a verdict and judgment against him in an action brought under the Jones Act and general maritime law; Decided: 12 July 1968]
30-60 Gordon, Robert S. v. J. Paul Meeks, et al. No. 24,959 [No. 24,959: Plaintiff voter sought review of a decision of a district court in Alabama, which entered judgment granting defendant trial court judge's motion to dismiss plaintiff's complaint seeking a declaration of the invalidity of the Alabama Mayor-Council Act of 1955 and an injunction enjoining its enforcement. The district court denied plaintiff's motion for summary judgment; Decided: 22 April 1968]
30-61 Haywood, Clifton Thirley v. United States of America No. 25,403 [No. 25,403: Appellant challenged an order of a United States District Court, which adjudged him guilty of certain counts a five-count indictment of failing and neglecting to keep his local recruiting board informed as to his current address, and failing and neglecting to comply with an order of his local board to report for a physical examination; Decided: 22 April 1968]
30-62 Nobles, John Little v. United States of America No. 24,823 [No. 24,823: Defendant appealed a judgment from a United States District Court, which convicted defendant of theft from a federally insured savings and loan association. Defendant contended that his confession should have been suppressed; Decided: 20 March 1968]
30-63 Penn, Alton Leroy v. United States of America No. 24,997 [No. 24,997: Appellant challenged a judgment from the United States District Court, in which a jury convicted him of violating the Universal Military Training and Service Act for failing to report for a physical exam, failing to report for and submit to induction, and failing to keep his local board apprised of his current address; Decided: 29 August 1968]
30-64 Quinn, Aubrey, et al. v. Dixie Highway Express, Inc., et al. No. 24,866
30-65 Stassi, Joseph, Sr. v. United States of America No. 24,734 [No. 24,734: Appellant sought review of a judgment of the United States District Court, which convicted him of perjury; Decided: 29 August 1968]
30-66 Wilson, Clarence v. J. Wayne Allgood, Warden, et al. No. 24,624 [No. 24,624: Appellant charged that he was denied writ of habeas corpus in a state court conviction carrying the death penalty. Also he alleged that blacks were systematically excluded from county jury panels; Decided: 21 March 1968]
30-67 American Liberty Insurance Company v. Arlena L. Smith, et al. No. 24,926
30-68 Barnhardt, John, et al. v. Meridian Municipal Separate School District, et al. No. 25,083 [No. 25,083: Appellants challenged the District Court decision in a school desegregation case; Decided: 24 April 1968]
30-69 Conner, Roy Thomas v. United States of America No. 24,938 [No. 24,938: The appellant was found guilty by a jury of interstate transportation of a stolen motor vehicle. The appellant contends that error was committed in permitting an incriminating statement made to an F.B.I Agent to be admitted into evidence and in failing to grant a motion for a directed verdict of acquittal; Decided: 5 April 1968]
30-70 Garner, John B. v. Officer J. D. Griffith, et al. No. 24,699 [No. 24,699: The appellant appealed both orders to dismiss the appellant's case without prejudice and motion to vacate the order of dismissal; Decided: 8 April 1968]
30-71 Insurance Company of North America v. Edna Talley English No. 25,187 [No. 25,187: Defendant sought review of judgment in favor of plaintiff in a life insurance policy enforcement action in the United States District Court, Florida; Decided: 31 May 1968]
30-72 Irving, Gerald Henry, Jr. v. C. E. Breazeale, et al. No. 24,606 [No. 24,606: Appellant sought review of a judgment of the United States District Court for the Southern District of Mississippi that denied appellant's petition for writ of habeas corpus, which asserted that appellant's murder conviction was obtained in violation of his constitutional rights; Decided: 27 August 1968]
30-73 Kirshberger, John Vincent & Reynolds Dean McCarty v. United States of America No. 24, 473 [No. 24,473: Appellants sought review of the decision of the United States District Court for the Southern District of Mississippi, which convicted them of knowingly, willfully, and unlawfully transporting in interstate commerce a stolen motor vehicle, knowing the same to have been stolen; Decided: 8 April 1968]
30-74 Leach, Mrs. Lewis Earl v. The Millers Life Insurance Company of Texas No. 24,496 [No. 24,496: Defendant widow appealed from a judgment notwithstanding the verdict of the United States District Court for the Southern District of Mississippi, which was in favor of plaintiff insurer in its action for a declaration of no liability on a life insurance policy purchased by defendant's late husband. The judgment also dismissed defendant's counterclaim for the amount of the policy; Decided: 16 September 1968]
30-75 Martin, J. C., Jr. & Sybil v. United States of America No. 24,915 [No. 24,915: Appellant sought review of an order of the district court, which entered judgment in favor of appellee small business administration in its action to recover on the balance of a promissory note assigned by appellant that was secured by a deed of trust to certain real and personal property. The district court denied appellant's motion to vacate the judgment; Decided: 5 April 1968]
30-76 Mladinich, Mary, et al. v. United States of America No. 25, 056 [No. 25,056: Appellant taxpayer sought review of a decision of a district court, which, on remand, entered judgment in favor of appellee taxing authority in appellant's action seeking a tax refund; Decided: 7 May 1968]
30-77 Prechter, George W., Jr. v. United States of America No. 24,394 [No. 24,394: Appellant landowner challenged an order from the United States District Court for the Southern District of Mississippi, which awarded appellant a particular money award for the taking of his property. Appellant contended that a value was not made for the entire parcel, when the taking was done, and this was improper; Decided: 20 August 1968]
30-78 Roberts, Alton Wayne v. Laurens Pierce, et al. No. 24,581 [No. 24,581: Appellant challenged an order of the United States District Court, which declared a mistrial and granted appellee's motion for a directed verdict in appellant's action against appellee for assault and battery. The case arose from an altercation between appellant, who was the subject of another trial, and appellee, a cameraman for a news station. Appellant contended that the evidence presented a jury question; Decided: 22 July 1968]
30-79 Rousseaux, Mrs. Rosa Lee Craft, Stonewall Jackson Craft & Alan Craft, Jr. v. United States of America No. 24,393 [No. 24,393: Appellant landowners sought review of a decision of United States District Court for the Southern District of Mississippi, which overruled appellants' objections to appellee state condemnation commission's report awarding appellants just compensation in an eminent domain proceeding. The district court confirmed appellee's report; Decided: 7 May 1968]
30-80 Smith, Debra Ann, et al. v. United States of America No. 24,702 [No. 24,702: Appellants, husband and children, sought review of a decision of the district court, which entered judgment in favor of appellee federal government in appellants' wrongful death action under the Federal Tort Claims Act; Decided: 24 April 1968]
30-81 Sumrall, John Otis v. United States of America No. 25,064 [No. 25,064: Defendant sought review of an order of the United States District Court, which convicted him of refusing to report for and submit to induction into the Armed Services of the United States; Decided: 19 June 1968]
Box 31: O-31/4 December 1967/30 September 1968
31-1 Taylor, McWhirter v. Monroe County Board of Supervisors, et al. No. 25, 179 [No. 25,179: Appellant challenged a judgment of the United States District Court of Mississippi, which denied a petition for preliminary injunction on the ground that it would not interfere with or frustrate the elective process that had already been set in motion prior to the filing of the suit and that had progressed beyond the deadline for the qualification of candidates; Decided: 1 May 1968]
31-2 United States of America v. Harrison County, Mississippi, et al. No. 24, 853 [No. 24,853: The government and appellee county filed petitions seeking rehearing by the court, which remanded their cause to the district court for the issuance of an injunction; Decided: 7 August 1969]
31-3 Warren County Port Commission, et al. v. Farrell Construction Company, Inc. No. 24, 644 [No. 24,644: Defendants port commission and county appealed a decision of a United States District Court awarding plaintiff company recovery on four claims for additional work performed above the amount specified in a construction contract. Plaintiff company cross-appealed the denial of one claim; Decided: 4 June 1968]
31-4 Willard, Milton Jerome v. United States of America No. 24, 927 [No. 24,927: Appellant sought review of a jury verdict finding appellant guilty of conspiracy to commit armed robbery and armed robbery of an Federal Deposit Insurance Corporation insured bank. Appellant contends that the evidence was insufficient to warrant conviction; Decided: 18 April 1968]
31-5 Yates, Philip G. v. C. E. Breazeale, et al. No. 24, 792 [No. 24,792: Appellant sought review of a jury verdict finding appellant guilty of murder and sentenced him to the penalty of death; Decided: 21 August 1972]
31-6 Aguilar, Sarah v. United States of America No. 24, 943 [No. 24,943: Appellant sought review of a narcotics conviction, alleging that the evidence used to convict him was insufficient; Decided: 19 June 1968]
31-7 Bazemore, Wade Eugene and wife, Bankrupts v. Arthur Stehling, et al. No. 25, 469 [No. 25,469: Appellant bankrupts challenged a decision of a United States District Court, which reversed, at the request of appellees, attorney and bank, a discharge in bankruptcy previously granted by a referee due to another creditor's alleged reliance on false financial statements by appellants in order to obtain credit; Decided: 20 June 1968]
31-8 Colonial Refrigerated Transportation, Inc., et al. v. George P. Mitchell, et al. No. 25, 158 [No. 25,158: Defendants appealed from the judgment of the United States District Court in favor of plaintiffs in their suit for fraudulent misrepresentation, and plaintiffs cross-appealed from the district court's refusal to award prejudgment interest; Decided: 29 October 1968]
31-9 Doughty, Chester Clifton v. Dr. George J. Beto, Director, et al. No. 25, 144 [No. 25,144: Appellant prisoner filed a multifaceted habeas corpus petition including claims of cruel and unusual punishment and insufficiency of the evidence following his conviction by a United States District Court for theft by false pretext; Decided: 19 June 1968]
31-10 Hawkins, James C. and Melvin Shelby v. United States of America No. 25, 013 [No. 25,013: Defendants sought review of an order of the United States District Court, which convicted them of multiple counts of conspiracy to commit any offense against the United States, aiding and abetting an offense against the United States, and forgery of postal money orders; Decided: 22 October 1969]
31-11 Martinez, Mike L. v. Dr. George J. Beto, Director, et al. No. 25, 205 [No. 25,205: Appellant challenged a jury verdict finding appellant guilty of murder and sentenced him to life imprisonment, alleging that judgment violated the due process rights guaranteed him by the Fourteenth Amendment; Decided: 16 July 1968]
31-12 Moreno, Juan Ruiz v. Dr. George J. Beto, Director, et al. No. 25, 458 [No. 25,458: Appellant challenged an order of the United States District Court, which denied his petition for a writ of habeas corpus, which sought release from his state court conviction for possession of a narcotic drug on the basis that his confession, admitted into evidence during the state prosecution, was involuntary; Decided: 11 August 1969]
31-13 National Labor Relations Board v. Animal Foods Company of Texas, Inc. No. 25, 097 [No. 25,097: The National Labor Relations Board found that respondent, Animal Foods Company of Texas, Inc., violated the National Labor Relations Act; Decided: 7 June 1968]
31-14 National Labor Relations Board v. Texas Electric Cooperatives, Inc. et al. No. 24, 829 [No. 24,829: Petitioner sought enforcement of its order that found the Animal Foods Company of Texas violated portions of the National Labor Relations Act; Decided: 7 June 1968]
31-15 Neal, Mrs. May Frances, et al v. Saga Shipping Company, S. A., et al. No. 24, 908 [No. 24,908: Plaintiffs widow and children challenged the decision of the federal district court, which held that defendant ship owners were required to provide compensation for a deceased longshoreman, but which reduced the damage award on the ground that the deceased had been contributorily negligent; Decided: 23 January 1969]
31-16 Pierce, William Clayton v. United States of America No. 25, 236 [No. 25,236: Appellant challenged the judgment from the United States District Court, which convicted him passing and selling counterfeit money and sentenced him to ten years imprisonment. Appellant contended that the trial court improperly refused to charge the jury on entrapment, that appellee prosecution failed to make proper disclosures and produce requested information, and that he did not receive a fair trial as a result of appellee's conduct; Decided: 1 July 1969]
31-17 Powers, James E. v. George T. Powers, III, Major General, et al. No. 25, 033 [No. 25,033: Appellant selective service registrant sought review of an order of the United States District Court, which denied his petition for a writ of habeas corpus after induction, on the grounds that he failed to exhaust administrative remedies and failed to apply for relief under United States Army regulations. Appellant contended that he was denied due process and that he was misinformed as to his right to appeal; Decided: 11 September 1968]
31-18 Schepps, Mair J. v. United States of America No. 24, 831 [No. 24,831: Appellant sought review of the indictment alleging that he falsified information on his federal income tax return. Although not charged with nor being tried for income tax evasion, appellant contends that he should have been allowed to introduce proof showing that the falsity resulted in no tax deficiency; Decided: 7 June 1968]
31-19 Southern Pacific Company v. Migel Enrique Montalvo No. 25, 365 [No. 25,365: Defendant railroad sought review of an order of the United States District Court, which issued a jury verdict for plaintiff driver in a case that arose out of the collision of plaintiff's car with a train at a Texas grade crossing; Decided: 28 June 1968]
31-20 Standard Dredging Corporation v. Texaco, Inc. No. 25, 115 [No. 25,115: Appellant sought review of the District Court judgment that the collision was not the fault of either party but was unavoidably and accidentally caused by a combination of prevailing wind, tide, and river currents. It was accordingly decreed that libellant take nothing; Decided: 10 June 1968]
31-21 Stanton, Jack P., et al v. Commissioner of Internal Revenue No.25, 432 [No. 25,432: Petitioner taxpayer sought review of a Tax Court decision, which found in favor of respondent Commissioner of Internal Revenue and denied petitioner the right to deduct business expenses incurred; Decided: 8 August 1968]
31-22 Tracor, Inc. v. Premco Instruments, Inc. No. 25, 230 [No.25, 230: Appellant sought review of the District Court's order but the case was dismissed for want of jurisdiction; Decided: 7 June 1968]
31-23 Wardy, Amen and Rose v. Commissioner of Internal Revenue No. 24, 668 [No. 24,668: Petitioners sought review of the District Court judgment which found clear and convincing evidence of fraud in the taxpayers' consistent misstatement of income in substantial amounts over a period of years, in their omission of specific substantial items of income, and in their consistent understatement of sales made in their business, as well as in their failure to report a portion of their dividend income. It considered and rejected the explanation that the understatements of income resulted from a bookkeeper's ineptness; Decided: 11 June 1968]
31-24 Warren Petroleum Corporation v. J. W. Green Contractors No. 25, 334 [No. 25,334: Appellant corporation challenged a district court order, entering a jury verdict in favor of appellee contractor, in an action by appellant seeking indemnification pursuant to a contract between appellant and appellee for damages paid to an injured worker in a personal injuries suit; Decided: 10 October 1969]
31-25 Watson, Bertram A. & R. J. Shea, Deputy Commissioner v. Gulf Stevendore Corporation, et al. No. 25, 007. [No. 25,007: Appellant employee sought review of a judgment from the United States District Court, which reversed a finding that appellant was permanently disabled within the meaning of the Longshoremen's and Harbor Workers' Compensation Act. Appellant contended that substantial evidence supported the finding, and that the district court erred in substituting its finding to the contrary; Decided: 28 June 1968]
31-26 Atwell, John William and James O. McCurley v. United States of America No. 25, 113 [No. 25,113: Appellants sought review of a judgment of a federal district court that found them guilty of theft of government property of a value in excess of $100; Decided: 25 June 1968]
31-27 Berger, Engelbert J., Special Administrator, et al. v. Panama Canal Company No. 25, 411
31-28 Boothe, Nobie Cooper, et al. v. James O. Holmes, et al. No. 24, 949 [No. 24,949: Appellants, driver and passengers, challenged an order of the United States District Court, which entered judgment on a jury verdict for appellees, driver and corporation, in appellants' action for personal injuries sustained in a motor vehicle accident. The district court refused appellants' proposed jury instructions and denied their motion for a new trial; Decided: 19 August 1968]
31-29 The Board of Public Instruction of Duvall County, Florida v. Daly Braxton and Sharon Braxton, et al. No. 25, 479 [No. 25,479: Appellant school board sought review of an order of the United States District Court, which imposed a majority-to-minority transfer policy, to enforce previously ordered school desegregation. Appellee minorities took issue with appellant's desegregation plan, which resulted in token desegregation and actually pointed toward resegregation; Decided: 29 August 1968]
31-30 Carter, Mrs. Sarah Jennings v. United States of America, et al. No. 25, 620 [No. 25,620: Appellant sought review of a judgment by the United States District Court, which set aside a preliminary injunction that enjoined appellee Internal Revenue Service from seizing and selling certain real property co-owned by appellant and her husband. The real property was seized to satisfy unpaid, adjudicated federal income tax assessments against appellant's spouse; Decided: 13 August 1968]
31-31 National Biscuit Company v. Federal Trade Commission No. 25, 231 [No. 25,231: Appellant corporation petitioned for a review to set aside a modification order of respondent, Federal Trade Commission, which sought affirmance of its order regarding price differentials in packaged bakery food products under the Robinson-Patman act. The court granted a motion by appellant for a temporary stay of the enforcement of respondent's order; Decided: 19 August 1968]
31-32 Matherne, Alfred Lee v. United States of America No. 23, 490 [No. 23,490: Ancillary to the appeal of a criminal matter, the court considered disciplinary proceedings against defendant's attorney; Decided: 28 February 1968]
31-33 Matthews, Leroy v. United States of America No. 24, 796 [No. 24,796: Appellant sought review his conviction, alleging that the conviction violations Sections of 4704(a); Decided: 17 June 1968]
31-34 National Labor Relations Board v. Atkins Saw Division of Nicholson File Company No. 25, 201 [No. 25,201: Petitioner National Labor Relations Board sought to enforce an order against respondent employer of the National Labor Relations Act. Petitioner found that respondent interrogated employees regarding union activity and ordered a discharged employee reinstated after finding violations of the Act; Decided: 4 September 1968]
31-35 Newsom, John D., Jr., et al. v. Zurich Insurance Company No. 25, 594 [25,594: Appellant, a citizen of Louisiana, sought review of a decision of the district court that dismissed a direct action in tort against appellee, an alien corporation, for damages arising out of an accident between appellant's son and appellee's insured, a Louisiana citizen; Decided: 17 June 1968]
31-36 Pasta, Lawrence Ernest v. United States of America No. 25, 983 [No. 25,983: Appellant sought review of the judgment of the district court denying the motion of appellant to proceed; Decided: 2 July 1968]
31-37 Robertson, Julita David v. United States of America No. 25, 099 [No. 25,099: Defendant appealed from a decision of the district court, which convicted defendant for failure to have reported for civilian work as a conscientious objector pursuant to an order of his Selective Service Board, which refused to classify defendant as a minister of the Universal Military Training and Service Act; Decided: 5 December 1968]
31-38 Robinson, Charles v. United States of America No. 25, 004
31-39 Southern Glass and Builders Supply Company, et al. v. United States of America, et al. No. 24, 996 [No. 24,996: Defendants, debtor and guarantor, challenged the decision of a United States District Court, which granted a directed verdict to plaintiff federal government for a default on a Small Business Administration mortgage loan; Decided: 28 June 1968]
31-40 State of Florida v. Charles E. Horner No. 25, 576 [No. 25,576: The appellee, Charles E. Horner, was convicted of extortion and sentenced to imprisonment for ten years. The appellant alleges that he was deprived of the fair and impartial trial required by due process of law; Decided: 8 August 1968]
31-41 Transit Casualty Company, et al. v. Security Trust Company, et al. No. 25, 249 [No. 25,249: Appellants filed a petition for rehearing of the court's decision, which affirmed the district court's judgment dismissing appellants' class action; Decided: 29 August 1968]
31-42 United States of America v. Hinds County School Board, et al. No. 25, 529 [No. 25,529: Appellant United States sought review of an order of the United States District Court that entered into judgment appellee school board's desegregation plan, which followed the Jefferson model except for slight modifications to the reporting. The plan was submitted in response to appellant's complaint, brought under the Civil Rights Act of 1964; Decided: 14 August 1968]
31-43 Webb, Clinton W. v. United States of America No. 25, 550 [No. 25,550: Appellant sought review of a judgment in the United States District Court, which convicted him of one count of transportation of a stolen motor vehicle across state lines. Appellant argued that the district judge committed reversible error in giving the jury a version of the Allen charge after it had deliberated for 2 hours and 10 minutes; Decided: 26 July 1968]
31-44 Woodruff, E. L. v. C. E. Breazeale, Superintendent, et al. No. 25,482 [No. 25,482: Petitioner claims that the systematic exclusion of African Americans from the hury lists and from the grand and petit juries of Calhoun County, Mississippi that indicted and tried him, as a violation of his Fourteenth Amendment rights; Decided: 2 July 1968]
31-45 Workmen's Mutual Insurance Company, Inc., et al v. Bella Vista Hotel Apartments, Inc. No. 25, 248 [No. 25,248: Appellants sought review of a jury verdict that was returned against the appellants, Workmen's Mutual Insurance Co. and Fidelity & Guaranty Insurance Underwriters Inc., in the amount of $47,750.00 and $14,250.00, on an insurance loss as a result of hurricane "Betsy"; Decided: 22 August 1968]
31-46 Aerosonic Corporation, et al v. Trodyne Corporation No. 25, 257 [No. 25,257: Defendant-appellant appealed from an order of the district court that awarded plaintiff-appellee damages for unfair competition in trade, tortious interference with contractual and business relations, and for breaches of confidence by a former trusted officer and director of plaintiff-appellee; Decided: 7 October 1968]
31-47 Beasley, James W. v. Fairchild Hiller Corporation No. 25, 532 [No. 25,532: Appellant, helicopter pilot, challenged the order of the United States District Court of Florida, which granted summary judgment in favor of appellee, aircraft manufacturer, finding that appellant's personal injury action alleging a defect in the aircraft was time barred; Decided: 7 October 1968]
31-48 Brown, O. C. and Lewis v. United States of America No. 25, 008 [No. 25,008: These appellants were convicted of having in their possession distilled spirits in containers which did not bear the proper Internal Revenue stamps. On this appeal, the appellants seek to bring themselves within the rule of Marchetti v. United States; Decided: 7 October 1968]
31-49 Davis, Robert Kenneth v. United States of America. No. 25, 743
31-50 Fingar, Robert E. v. United States Railroad Retirement Board No. 25, 703 [No. 25,703: Petitioner employee sought review of a decision of respondent Railroad Retirement Board that sustained a referee's decision denying petitioner's claim for unemployment benefits under the Railroad Unemployment Insurance Act; Decided: 23 October 1968]
31-51 Grathwohl, Evelyn, et al. v. United States of America, et al. No. 25, 856 [No. 25,856: This is another attempt by an officer of a corporation to appeal from an order of the trial court directing her to comply with an Internal Revenue Service summons to testify and produce records of the corporation of which she was the Secretary-Treasurer, Radcliffe Advertising, Inc.; Decided: 7 October 1968]
31-52 Hardaway Contracting Company, et al. v. William O'Keeffe, as Deputy Commissioner, et al. No. 25, 492, 25,276 [No. 25,276, 25,492: Appellants, insurance carrier and employer, challenged an order of a United States District Court, which denied appellants an injunction to set aside the compensation ordered paid by appellee deputy commissioner; Decided: 14 November 1968]
31-53 Henderson, Rudolph v. United States of America No. 25, 741 [No. 25,741: Appellant sought review of a jury verdict finding him guilty of unlawful possession of alcoholic beverages, alleging that the verdict was based on insufficient evidence; Decided: 6 November 1968]
31-54 Mead Johnson and Company v. Baby's Formula Service, Inc., et al. Nos. 25, 241, 25,789 [No. 25,241: Appellant sought review of the judgment of the United States District Court granting appellant an injunction but not damages, and dismissing appellees in appellant's trademark infringement action; Decided: 10 October 1968]
Box 32: O-32/ a. 4 December 1967 – 20 September 1968/ b. 13 October 1969 – 12 March 1970
32-1 Miami Parts & Spring, Inc. v. Champion Spark Plug Company No 25, 182 [No. 25,182: Petitioner sought review of the Circuit Court judgment, alleging that Miami Parts could not prevail in this action without evidence of the co-conspiracy between Champion and Patten; Decided: 24 October 1968]
32-2 National Labor Relations Board v. Bradenton Coca-Cola Bottling Company, et al. No. 25, 320 [No. 25,320: Petitioner sought enforcement of the Circuit Court finding that the respondent did not carry out its duty "to meet and confer with the Union at reasonable times and intervals" in an effort to arrive at a contract; Decided: 23 October 1968]
32-3 Nevels, Lewis O. v. Howard E. Wilson, et al. No. 25, 812 [No. 25,812: Plaintiff-appellant filed a complaint against Defendant-appellee, Howard E. Wilson, Monroe County Tax Collector, for damages allegedly sustained by appellant in an automobile accident with a third party; Decided: 24 October 1968]
32-4 Robinson, Gregory Willie v. United States of America No. 25, 770 [No. 25,770: Appellant was convicted of having in his possession any Selective Service Certificate not duly issued to him. He challenged the judgment of the trial court on the ground that there was insufficient evidence to warrant submission of the case to the jury; Decided: 7 October 1968]
32-5 Rocha, Adolfo v. United States of America No. 25, 832 [No. 25,832: Appellant sought review of a jury finding him guilty of selling morphine. He contends that the sole witness of the alleged sale was an agent for the Florida State Bureau of Narcotics and that it was a case of entrapment. Also he challenged the judgment of the trial court on the ground that there was insufficient evidence to come to a guilty verdict; Decided: 27 September 1968]
32-6 Seaboard Finance Company v. Mutual Bankers Corporation, et al. No. 25, 938 [No. 25,938: Appellant sought review of the charges that it violated the Securities and Exchange Act of 1934. Decided: 27 September 1968]
32-7 United States of America v. Maude M. Burket No. 25, 897 [No. 25,897: Appellant government sought review of an order of the district court, which granted appellee taxpayer's motion for summary judgment on the ground that the income she received from sale of certain property was entitled to capital gains treatment; Decided: 24 October 1968]
32-8 White, Harold Frank v. United States of America No. 25, 147 [No. 25,147: On this appeal from the conviction and sentence to two concurrent terms of ten years, we conclude that the trial court did not err as to any of the grounds asserted; Decided: 4 October 1968]
32-9 Willard, Dorothy v. Julius G. Petruska, Trustee in Bankruptcy for Burnette Machinery, Inc., Bankrupt No. 25, 220 [No. 25,220: The matter under consideration is the mandate of this Court which directed the trustee herein to pay the lien of the prior successful appellant, Dorothy Willard, out of the proceeds of the sale of assets of the bankrupt; Decided: 24 October 1968]
32-10 Black, Lewis, et al. v. Clarence Curb, et al. No. 27, 317 [No. 27,317, 27,662: Plaintiffs appealed the decision from the district court that, in their class action suits against defendant officials for violation of their United States Constitution amendment XIV rights, denied the motions from intervenor, the United States, for further relief; Decided: 6 February 1970]
32-11 Bon Air Hotel, Inc., et al. No. 27, 490 [No. 27,490: Appellant hotel owner sought review of an order from a United States District Court, which found in favor of appellee magazine and granted the magazine's motion for summary judgment, based on lack of actual malice in a libel action; Decided: 6 May 1970]
32-12 Bulloch County Board of Education, Georgia v. The Department of Health, Education, and Welfare No. 27, 121
32-13 Campbell, Raymond R., et al. v. Tennessee Valley Authority, et al. No. 27, 732 [No. 27,732: Appellant sought review of a decision of a United States District Court, which entered a judgment in quantum meruit upon a jury verdict in appellee's favor for the fair market value of microfilming work; Decided: 23 December 1969]
32-14 Goodwin, Inc. v. City of Lafayette No. 27, 199 [No. 27,199: Plaintiff contractor sought review of a decision of a United States District Court, which granted partial summary judgment in favor of defendant city; Decided: 19 November 1969]
32-15 Jones, Maloyd E., et al v. Cephus R. Holliman, et al. No. 27, 662 [No. 27,317, 27,662: Plaintiffs appealed the decision from the district court that, in their class action suits against defendant officials for violation of their United States Constitution amendment XIV rights, denied the motions from intervenor, the United States, for further relief; Decided: 6 February 1970]
32-16 Langford, Curtis v. State of Alabama No. 27, 006 [No. 27,006: Appellant prisoner sought review of the decision of a United States district court, which found in favor of appellee government and denied appellant's petition for writ of habeas corpus; Decided: 30 December 1969]
32-17 Lewis, Tom v. Phil Campbell, et al. No. 27, 242 [No. 27,242: Appellant individual sought review of the decision from the district court that, in its case against defendants, state commissioner of agriculture and others, did not find the Federal Tobacco Inspection Act; Decided: 14 April 1970]
32-18 Nix, Franklin W., et al. v. National Labor Relations Board No. 26, 788 [No. 26,788: Petitioner employees challenged an order of respondent, National Labor Relations Board. The employer was itself a labor organization, and was charged with interference with organizational efforts of its own employees. Respondent dismissed the complaint insofar as it alleged that the employer discriminatorily discharged petitioners in violation of sections of the National Labor Relations Act; Decided: 19 November 1969]
32-19 Schultz, George W., Secretary of Labor, et al. v. Instant Handling, Inc., et al. No. 27, 345 [No. 27,345: Plaintiff Department of Labor appealed a decision of the district court which dismissed plaintiff's action against defendant trash service for violation of the Fair Labor Standards Act; Decided: 20 November 1969]
32-20 Schultz, Simuel Brent, Jr. v. United States of America No. 24, 218 [No. 24,218: Appellant sought review of the decision of the district court, which found appellant guilty of unlawfully, willfully, and knowingly failing to report and submit to induction and sentenced him to serve three years in the custody of the Attorney General; Decided: 17 February 1970]
32-21 Smith, Carl v. Student Nonviolent Coordinating Committee, et al. No. 27, 276 [No. 27,276: The Plaintiff filed his action for damages against the Defendants for payment of attorney's fees; Decided: 16 December 1969]
32-22 Tennessee Fabricating Company, et al. v. Moultrie Manufacturing Company, et al. No. 26, 880 [No. 26,880: Plaintiff sought review of a district court judgment rejecting its claims for copyright infringement, contending that its copyright was valid, infringed, and that the defense of fair use did not apply; Decided: 15 January 1970]
32-23 United States of America v. Edward Brookins No. 27, 067 [No. 27,067: Defendant challenged his convictions surrounding the possession and operation of distilling apparatus, without proper authorization, from the lower court. Defendant asserted that the trial court erred because his arrest was without probable cause and therefore unlawful. Defendant also argued that his incriminating statements, subsequent to arrest, were inadmissible; Decided: 6 March 1970]
32-24 United States of America v. Ralph Dupoint No. 27, 072 [No. 27,072: A jury convicted Ralph Dupoint of possessing an unregistered still, carrying on the business of a distiller without giving bond as is required by law and carrying on the business of a distiller with intent to defraud the United States and working in a still where no sign denoting the name of the distiller and the nature of the business was kept; Decided: 3 November 1969]
32-25 United States of America v. Talmadge Hilton Ogle No. 26, 346 [No. 26,346: Talmadge Hilton Ogle was indicted for the transportation of a motor vehicle from Laurel, Mississippi to Marengo County, Alabama, knowing it to have been stolen. A jury at Mobile deliberated eleven minutes before finding him guilty as charged. The government proved the offense by the testimony of the owner of the automobile, the defendant's sister, and two Alabama officers; Decided: 7 November 1969]
32-26 United States of America v. James Larry Pennington No. 27, 213 [No. 27,213: Defendant sought review of the decision of the district court, which convicted defendant as a previously convicted felon, for unlawfully transporting a firearm in interstate commerce, denying his motion to suppress the gun as the result of an unreasonable search; Decided: 20 April 1971]
32-27 United States of America v. Robert Leo Robertson, Jr. No. 26, 989 [No. 26,989: Defendant appealed the decision of a lower court, which convicted him of interstate transportation of a stolen vehicle and unlawful receipt and concealment of a stolen vehicle in interstate commerce in violation of the Dyer Act; Decided: 7 November 1969]
32-28 Woodruff, Doctor Gerald G., Jr. et al. v. Southeastern Fire Insurance Company No. 27, 299 [No. 27,299: Defendant fire insurance company sought review of an order from a United States District Court, which entered judgment in favor of plaintiff homeowners in their claim for fire damage to their house. Defendant contended that at the time of the fire the subject matter of insurance had ceased to exist because plaintiffs had vacated and begun dismantling the building; Decided: 22 April 1970]
32-29 Whitaker, Harold Glenn v. Harvell-Kilgore Corporation, et al. No. 27, 206 [No. 27,206: Appeal by plaintiff from an order of the United States District Court dismissing his complaint against defendant manufacturers of a live grenade and fuse that prematurely exploded severely injuring plaintiff who had been engaged in throwing the grenade during basic military training; Decided: 3 December 1969]
32-30 City of Gainesville, Georgia v. Southern Railway Company No. 27, 335 [No. 27,335: Defendant railroad appealed the judgment from the District Court for the Northern District of Georgia that, in an action brought by plaintiff city to compel defendant to install a signal device at a grade crossing, found that it was reasonable for defendant to install such devices and that defendant had to bear the total cost of both its installation and maintenance; Decided: 26 February 1970]
32-31 Colson, Barney R. v. Walter J. Hickel, Secretary of the Interior No. 26, 212 [No. 26,212: Appellant land scrip holders sought review of a decision of the United States District Court for the Middle District of Florida, which held that their action to enforce the land scrip was an action against the United States, that the action was barred by laches, and that the land scrip did not entitle them to exercise the claim to vacant public domain; Decided: 16 June 1970]
32-32 Culpepper, Samuel v. Reynolds Metals Company No. 27, 547 [No. 27,547: Appellant employee sought review of a judgment in the United States District Court for the Northern District of Georgia that was brought under Title VII of the Civil Rights Act of 1964. Appellant's action alleged racial discrimination against appellee employer; Decided: 8 January 1970]
32-33 Hollingshead, Cleveland v. Louis L. Wainwright, et al. No. 27, 526 [No. 27,526: Appellant prisoner challenged a judgment by a United States District Court in Florida, which denied his petition for writ of habeas corpus without a hearing and without having the record of the state trial court before it; Decided: 28 April 1970]
32-34 Holzer Watch Company, Inc., et al. v. Dinkler Hotel Corporation of Georgia No. 27, 643 [No. 27,643: Appellants, owners of jewelry stolen from a hotel room, challenged a judgment from a United States District Court, which dismissed their action for damages against appellee hotel. Appellants asserted that the trial court erred in finding that appellee's liability was limited by Ga. Code Ann. § 52-110 (1922), which set forth the requirements for the deposit of valuables by a guest with a hotel; Decided: 17 November 1969]
32-35 Jones, George Charles v. S. Lamont Smith, Warden, et al. No. 27, 407 [No. 27,407: The state sought review of the entry by the Superior Court of Fulton County in Georgia of a rule absolute in a habeas corpus hearing vacating the conviction and sentence of petitioner prisoner; Decided: 15 December 1969]
32-36 Leisner, Mrs. Nellie Myers v. Atlantic Coast Line Railroad Company No. 27, 534 [No. 27,534: Appellant, the mother of a man who was killed while working as a licensee on appellee railroad company's property after he came into contact with a 25-foot high uninsulated wire, sought review of the judgment of the United States District Court, which directed a verdict for appellee following the conclusion of appellant's negligence case in chief; Decided: 19 November 1969]
32-37 Mizell, Von D. v. North Broward Hospital District, et al. No. 27, 488 [No. 27,488: Appellant physician challenged the decision of a United States district court, which sustained appellee hospital's motion for summary judgment in an action seeking damages and injunctive relief allegedly caused by an invasion of his civil rights, when appellee suspended his surgical privileges, affirmed the suspension, and entered an order denying his application for reinstatement; Decided: 25 March 1970]
32-38 Moore, Robert Felton v. A.L. Dutton, Warden, et al. No. 27, 603 [No. 27,603: Appellant prisoner sought review of the judgment from the United States District Court for the Southern District of Georgia, which denied petitioner's action against appellee warden; Decided: 22 October 1970]
32-39 National Labor Relations Board v. Allied Food Distributors, Inc., et al. No. 27, 305 [No. 27,305: Petitioner sought enforcement of an order of the National Labor Relations Board to permit employees of the units in question to have full opportunity to choose their bargaining agent; Decided: 10 December 1969]
32-40 National Labor Relations Board v. Monroe Auto Equipment Company, et al. No. 27, 430 [No. 27,430: Petitioner National Labor Relations Board sought to have an order enforced against respondent employer, which found that the conduct of respondent in transferring an employee was for a discriminatory purpose; Decided: 29 December 1969]
32-41 Rosen, David v. The Travelers Indemnity Company No. 27, 595 [No. 27,595: Appellant moved for a rehearing of his case against Beach Tower and the Travelers Indemnity Company; Decided: 2 April 1970]
32-42 Shults, Joe, et al. v. The United States of America No. 27, 044 [No. 27,044: Appellants, survivors of serviceman, challenged a grant of summary judgment from the district court in favor of appellee government in appellants' action under the Federal Tort Claims Act for medical malpractice at a military hospital. Appellants asserted that appellee was not immune under the Feres doctrine because the serviceman was on leave at the time of his accident and death; Decided: 30 December 1969]
32-43 State of Israel, et al. v. The Motor Vessel "Nili", et al: Singer & Friedlander, Inc. et al. No. 27, 126 [No. 27,126: All appellant lienors and appellant mortgagee sought review of a judgment of the district court that entered partial summary judgment holding appellant mortgagee to have a valid preferred foreign ship mortgage as defined, but finding that appellee lienors had priority because appellant mortgagee's preclusionary clause in its mortgage was ineffective to alter claims; Decided: 23 October 1970]
32-44 United States of America v. James Warren Bailey, et al. No. 27, 666 [No. 27,666: Appellant challenged the trial court failure to direct the jury to disregard the evidence provided by a witness that the Defendant was in possession of a telephone number that belonged to a notorious liquor violator; Decided: 17 November 1969]
32-45 United States of America v. Robert Dale Chapman No. 27, 541 [No. 27,541: Defendant sought review of the decision of a United States District Court, which convicted him of mail fraud and sentenced him to three years in prison; Decided: 15 December 1969]
32-46 United States of America v. A.T. Garrett, et al. No. 27, 436
32-47 United States of America v. Raymond Anthony Panzar No. 26, 912 [No. 26,912: This appeal from a conviction of forcibly attempting to break into a branch of the United States Post Office to commit larceny. Appellant contends that the trial court refused to grant a mistrial because of the alleged failure of the government to comply strictly with the provisions of Rule 16 of the Federal Rules of Criminal Procedure dealing with discovery and inspection of certain items of evidence within the possession of the government; Decided: 8 December 1969]
32-48 United States of America v. Ronald Russell Smith, Jr. No. 27, 509 [No. 27,509: Appellant sought review of a judgment from the United States District Court, which convicted him of unlawfully, willfully, and knowingly transporting a stolen motor vehicle in interstate commerce. At issue was the trial court's admission of an out of court confession made by appellant to a federal agent; Decided: 19 November 1969]
32-49 Brooks, L. W., Jr., et al. v. Commissioner of Internal Revenue No. 27, 517 [No. 27,517: Appellant taxpayers sought review of a judgment from the United States Tax Court, in which it was held that appellants, having purchased oil and gas working interests burdened by retained production payments, had been required to capitalize, as additional costs of acquiring the properties, the expenses incurred by them allocable to the lifting of the oil accruing to the production payment; Decided: 8 April 1970]
32-50 Byrd, Jimmie C. v. The M/V Yozgat, et al. No. 27, 453 [No. 27,453: Appellant stevedore sought review of a judgment from the United States District Court, which found him guilty of laches and dismiss his libel to recover for personal injuries received while working aboard appellee vessel; Decided: 17 December 1969]
32-51 First National Bank of Midland, Texas, et al. v. United States of America No. 27, 663 [No. 27,663: Plaintiffs appealed from a decision of the United States District Court, which was in favor of defendant in an action to determine the tax treatment of insurance policy; Decided: 23 March 1970]
32-52 Ford, Evelyn, et al. v. H. Leroy Hobbs, et al. No. 27, 133 [No. 27,133: In these consolidated cases a prominent citizen of Gulfport, Mississippi, and his daughter, complained of two entries by policemen in their home and one search of a boat moored at nearby Handsboro. One entry was without a search warrant and the other two were with warrants, although the validity of the warrants was challenged. The trial court resolved the factual issues in favor of appellees and this result finds ample support in the record; Decided: 30 January 1970]
32-53 Harris, Henry v. Hayden J. Dees, Warden, et al. No. 26, 823 [No. 26,823: Appellant challenged the denial of his petition for a writ of habeas corpus and asserted ineffective assistance of counsel, that his due process rights were violated, and his trial was unfair because his co-defendant entered a plea of guilty; Decided: 30 January 1970]
32-54 Mizukami, Shasaku, et al. v. Peter R. Buras, Connecticut Fire Insurance Company, et al. No. 27, 440 [No. 27,440: Appellants, who were citizens of Japan, sought review of an order of dismissal in a diversity action filed by them in the United States District Court for the Eastern District of Louisiana against defendants, an insured and his insurance carrier, to recover for the death of their decedent; Decided: 29 December 1969]
32-55 National Labor Relations Board v. United Industrial Workers of the Seafarers International Union of North America, Atlantic, et al. No. 27, 480 [No. 27,480: Petitioner National Labor Relations Board sought enforcement of its order against respondent union, an order that required respondent to halt picketing designed to force an employer to recognize or bargain with respondent as the representative of the employees, and that respondent post notices that such picketing not be conducted in the future; Decided: 13 February 1970]
32-56 Peterson, Donald A., Administrator, et al. v. Sergeant Robert M. Klos No. 27, 427 [No. 27,427: Defendant appealed from the decision of the United States District Court for the Southern District of Mississippi, which granted monetary damages to plaintiff for the wrongful death of his son while a passenger in defendant's car. Plaintiff challenged the finding that his son was contributorily negligent for failing to wear a seat belt; Decided: 19 March 1970]
Box 33: "O-33/13 October 1969-12 March 1970"
33-1 Reed, George Howard v. The Texas Company; Texaco, Inc., et al. No. 27, 482
33-2 Simon, J. Minos v. Warren J. Landry, et al. No. 27, 630 [No. 27,630: The appellant contends that the court erred in approving the alternative plan because it is based on voter registration figures rather than population figures; Decided: 17 December 1969]
33-3 United States of America v. James Alvin Brooks No. 27, 636 [No. 27,636: Appellant sought review of the judgment of the United States District Court for the Western District of Louisiana, which convicted him of violating the Universal Military Training and Service Act in refusing to submit to induction into the United States armed forces, on the ground that the local board's procedures handling his ministerial exemption request violated selective service regulations and due process of law; Decided: 13 February 1970]
33-4 United States of America v. Felder M. Davis and Houston Felder Davis No. 27, 139 [No. 27,139: Appeal from a jury verdict in United States District Court for the Middle District of Alabama by appellants from an alleged violation of the United States Constitution amendment IV.; Decided: 12 March 1970]
33-5 United States of America v. Stephen J. Dinneen and Joseph Ryan Missett No. 27, 394 [No. 27,394: Stephen J. Dinneen and Joseph Ryan Missett were convicted on three counts of wilfully using the mails to defraud in the sale of securities, three counts of using the mails in furtherance of a scheme to defraud, and one conspiracy count. The appeal consists of an attack on the indictment that the indictment was duplicitous; that the conspiracy count should have been stricken; that a prior indictment should not have been superseded; that the prosecutor was guilty of an improper summation; that certain instructions should not have been given; and that the sentence was improper; Decided: 2 February 1970]
33-6 United States of America v. Sam Alta Dryden and Ray Bueiew Hutcheson No. 27, 169 [No. 27,169: Defendants sought review of the judgment from the United States District Court for the Middle District of Alabama that convicted them of conspiracy to violate revenue laws dealing with distilled spirits; Decided: 23 March 1970]
33-7 United States of America v. 41 cases, more or less, et al. No. 27, 771 [No. 27,771: Appellant corporation sought review of a judgment from a United States District Court. The district court entered judgment to destroy two poultry medications seized by the government because the products, which a jury found were either misbranded, a new drug, or food additives, did not comply with the Federal Food, Drug, and Cosmetic Act; Decided: 13 January 1970]
33-8 United States of America v. Linell Gray No. 26, 840 [No. 26,840: Appellant alleged incompetent challenged the holding of the United States District Court, which found appellant mentally competent to understand the proceedings and assist his attorney and revoked his probation. Appellant alleged that the trial court had abused its discretion; Decided: 20 January 1970]
33-9 Walton, Leport, ExParte: v. Dr. George J. Beto, Director, et al. No. 28, 246 [No. 28,246: This is an appeal from the denial of habeas corpus to a Texas state prisoner. A jury then convicted him of murder without malice and assessed his punishment at imprisonment for five years. This conviction was reversed. He was again tried in July, 1965, with the result that he was found guilty of murder with malice aforethought and sentenced to imprisonment for fifty years. The appellant contends that the second conviction violated the double jeopardy clause of the Fifth Amendment; Decided: 20 January 1970]
33-10 Western Oil Fields, Inc. v. Pennzoil United, Inc. No. 27, 601 [No. 27,601: Appellant oil recoverer challenged a decision in favor of appellee oil recoveree from a federal district court which found that the parties' agreement in principle had not included a monthly administrative overhead charge by appellant before or after 1971. Appellee had brought an action for a declaratory judgment and recovery of a portion of administrative overhead charges withheld by appellant; Decided: 30 January 1970]
33-11 Wright, Eva Marin v. Kroeger Corporation No. 26, 806 [No. 26,806: Appellant victim challenged a federal district court's decision which determined that appellee store was entitled to prevail and entered judgment that appellant take nothing after a jury had awarded her damages in a false imprisonment action; Decided: 21 January 1970]
33-12 Southern Louisiana area rate cases Austral Oil Company, Inc., et al. v. Federal Power Commission No. 27, 492 [No. 27,492: Petitioner companies sought rehearing of the court's affirmance of orders of respondent Federal Power Commission, which was found to have authority under the Natural Gas Act to stay, modify, or rescind any part of its order if circumstances made a change advisable; Decided: 16 June 1970]
33-13 Chemicals, Inc., et al. v. Cooper Industries, Inc., et al. No. 28, 292
33-14 Cuffie, Fredrick v. Louie L. Wainwright, et al. No. 27, 999 [No. 27,999: In this habeas corpus proceeding by a state prisoner it was alleged that on account of his religion Cuffie had been denied certain federally guaranteed Constitutional rights; Decided: 20 January 1970]
33-15 Emerson Electric Company v. Guy F. Farmer No. 28, 107 [No. 28,107: Appellant buyer sought to overturn the judgment of a United States District Court, which dismissed appellant's fraud claim against appellee seller; Decided: 15 June 1970]
33-16 Frito-Lay, Inc. v. National Relations Board No. 27, 854 [No. 27,854: Petitioner employer sought review of a decision of respondent board, the National Labor Relations Board, which found that petitioner improperly refused to bargain with the certified representative of a unit of its employees; Decided: 16 February 1970]
33-17 Ging, Frank, et al. v. American Liberty Insurance Company No. 27, 336 [No. 27,336, PCA 1551: Plaintiff, the administrator of an estate, sued defendant insurer for negotiating in bad faith and for negligent management of settlement negotiations; Decided: 5 December 1968]
33-18 Horne, L. D., et al. v. Georgia Southern & Florida Railway Company No. 27, 561 [No. 27,561: Appellant challenged the judgment of the trial court, which, pursuant to a jury award, awarded appellee survivor wrongful death, survival, and punitive damages in the striking and dragging death of his wife; Decided: 9 February 1970]
33-19 In the Matter of: Indian Lake Estates, Inc., Bankrupt No. 27, 877 [No. 27,877: Appellant federal government sought review of a judgment from a United States District Court, which upheld the contention of appellee trustee in bankruptcy that income taxes sought by appellant were dischargeable debts under the Bankruptcy Act, and therefore, were not entitled to priority status under the Bankruptcy Act; Decided: 24 June 1970]
33-20 Little, Howard v. Charles F. Green No. 28, 161 [No. 28,161: Plaintiff seaman sought review of a judgment from a United States district court, which found in favor of defendant shipowner in plaintiff's action brought after plaintiff was injured while working as a member of the crew of a shrimp trawler. Plaintiff's complaint against defendant contained a count under the Jones Act for negligence and a count under the General Maritime Law for breach of the warranty of seaworthiness; Decided: 24 June 1970]
33-21 Morgan, Joseph F. v. Dun & Bradstreet, Inc. No. 27, 893 [No. 27,893: Defendant appealed from judgment of federal district court, which found for plaintiff in his suit for an allegedly libelous credit report, linking plaintiff to his brother in a fraudulent business scheme, contending that it had a conditional privilege to disseminate the reports to subscribers who inquired about plaintiff's business standing; Decided: 6 February 1970]
33-22 National Education Association, Inc. et al. v. Lee County Board of Public Instruction, et al. No. 28, 195 [No. 28,195: Appellant school board sought review of the judgment of the trial court, in favor of appellee teachers, in appellees' action contesting the required payment of $100 from each teacher for them to return to work with their pre-resignation status intact; Decided: 25 August 1972]
33-23 National Labor Relations Board v. Li'l General Stores, Inc. No. 27, 538 [No. 27,538: Petitioner National Labor Relations Board applied for enforcement of its order requiring respondent employer to cease and desist from certain unfair labor practices; to collectively bargain with an authorized union; to reinstate with back pay three known union supporters who had been discharged; and to pay a wage increase wrongfully withheld; Decided: 12 February 1970]
33-24 National Labor Relations Board v. Zayre Corporation No. 27, 809 [No. 27,809: Petitioner National Labor Relations Board sought enforcement of an order it issued, which determined that respondent discount department store was bound by a collective bargaining agreement entered into by its predecessor; Decided: 27 April 1970]
33-25 Oliva, Marcelino, Jr., et al v. Charles F. Touchton, Jr., et al. No. 28, 150 [No. 28,150: Plaintiffs appealed an order from the United States District Court for the Middle District of Florida, which dismissed their complaint that defendants' denial of staff privileges to plaintiffs contravened the equal protection clause of the United States Constitution; Decided: 16 September 1971]
33-26 Ruth, Alicia, Incorporated v. Commissioner of International Revenue No. 28, 168 [No. 28,168: Appellant sought review of the Tax Court judgment to disallow as a deduction the amounts paid as alleged compensation to a fifty percent stockholder; Decided: 19 January 1970]
33-27 Smith, M. Durwood v. Atlantic Coast Line Railroad Company, et al. No. 27, 985 [No. 27,985: This is an appeal from an order of dismissal which, because of the use of affidavits and other materials, we treat as one for summary judgment for the Railroad and the Brotherhood; Decided: 19 January 1970]
33-28 United States of America v. Orlando Bosch Avila, et al. No. 27, 842 [No. 27,842: Defendant political terrorists sought relief from judgments of a United States District Court, which convicted them of knowingly conspiring with each other to cause damage by placing bombs upon or firing at a vessel of foreign registry within the jurisdiction of the United States, of actually injuring a vessel of foreign registry, conveying threats by telegram to damage real and personal property; Decided: 8 June 1971]
33-29 United States of America v. Peter Frederick Fragus No. 27, 801 [No. 27,801: The United States Court of Appeals for the Fifth Circuit, sua sponte, supplemented its prior opinion because the United States Supreme Court rendered two decisions of significant importance to this case since the prior opinion was released; Decided: 23 June 1970]
33-30 United States of America, et al. v. Roger Newman, et al. No. 28, 046 [No. 28,046: Appellant taxpayer challenged the order of the United States District Court that ordered enforcement of internal revenue summons to witnesses issued by appellee United States and denied appellant's motion for discovery. Appellee challenged the order of the district court that granted appellant the right to be present and observe the interview process; Decided: 14 April 1971]
33-31 United States of America for the use and benefit of General Cable Corporation v. Power Engineering Company, Inc., et al. No. 28, 106. [No. 28,106: Defendant appealed the decision of a United States District Court holding that plaintiff could recover payment for electrical cable supplied to defendant, a contractor on a government construction project at Cape Kennedy, under the Miller Act; Decided: 26 January 1970]
33-32 United States of America v. Horton R. Prudden No. 28, 140 [No. 28,140: Plaintiff United States sought review of the judgment of the district court, granting defendant taxpayer's motion to suppress all statements and all corporate and personal documents furnished by defendant to the Internal Revenue Service because of plaintiff's deliberate scheme to deceive defendant; Decided: 10 April 1970]
33-33 Amason, Gibb H. v. The Franklin Life Insurance Company No. 28, 455 [No. 28,455: Plaintiff brother-in-law appealed a judgment from a United States District Court, which awarded one-half of the proceeds of an insurance policy to plaintiff and one-half to defendant ex-wife, in an action seeking the proceeds from defendant insurer; Decided: 25 June 1970]
33-34 American Seating Company of Mississippi v. National Labor Relations Board No. 28, 075 [No. 28,075: Petitioner sought review of a ruling from respondent National Labor Relations Board, which held that petitioner failed to bargain in good faith with a union in violation of the National Labor Relations Act. The district court also held that petitioner failed to reinstate employees who struck as a result of petitioner's failure to bargain in good faith; Decided: 10 April 1970]
33-35 Davis, Curtis, Et al., d/b/a Pelahatchie Poultry Company v. United States of America, et al. No. 27, 712 [No. 27,712: The petitioners seek review of a decision of the Judicial Officer of the Department of Agriculture, acting for the Secretary of Agriculture, issued under the Packers and Stockyards Act; Decided: 18 March 1970]
33-36 Fontenot, Nettie Lee, et al. v. Nicklos Drilling Company, et al. No. 28, 331 [No. 28,331: This case involves claims arising out of an accident on a stationary drilling platform off the coast of Louisiana; Decided: 21 July 1970]
33-37 Gardner, R. J. and Mavis Goode v. Paul Morrison No. 28, 526 [No. 28,526: Appellants, the driver of a car and his passenger wife, both residents of Alabama, challenged a judgment of the United States District Court for the District of Georgia. The district court held in favor of appellee, the driver of a pick-up truck and a Georgia resident. Appellants sought damages for injuries arising from an automobile collision that occurred on Georgia State Highway 114 in Chattooga County, Georgia; Decided: 8 May 1970]
33-38 Greenbriar Shopping Center, Inc. v. Lorne Company, Inc. No. 27, 792
33-39 Landry, Lawrence Willie v. Stephanie B. Dinkins No. 28, 357 [No. 28,357: Plaintiff Lawrence Willie Landry brought suit against defendant Stephanie B. Dinkins, alleging diversity jurisdiction. The district court, after a comprehensive review of the relevant evidence dismissed plaintiff's action on the ground that plaintiff had failed to establish the existence of diversity of citizenship; Decided: 14 April 1970]
33-40 Law, Bill vs. Victory Carriers, Inc. and the S. S. Sagamore Hill, et al. No. 28, 451 [No. 28,451: Plaintiff longshoreman sought review of a decision of a federal district court, which granted summary judgment to defendants, shipping company and stevedoring company, in plaintiff's admiralty suit seeking damages for injuries received while loading a vessel; Decided: 16 September 1970]
33-41 Lee Johnnie Ray v. Southern Home Sites Corporation No. 28, 167 [No. 28,167 Appellant African-American citizen challenged the judgment from a United States district court, which granted him injunctive enforcement of his right to buy a residential lot that appellee corporation had denied him solely because of race. Appellant contended that the district court erroneously failed to award reasonable attorneys' fees, compensatory, and punitive or exemplary damage; Decided: 13 July 1970]
33-42 McDonald, Curtis v. E. J. Lavino Company, et al. No. 28, 402 [No. 28,402: Appellant, a worker's compensation insurance carrier, challenged the order of a United States district court, which denied as untimely appellant's motion to intervene after judgment in appellee employee's tort action against appellee third-party. Appellant argued that it had a right to intervene under a provision of Mississippi's worker's compensation law; Decided: 31 July 1970]
Box 34: O-34/ a. 13 October 1969-12 March 1970/ b. 6 November 1978-26 June 1979
34-1 Ramsay, Alexander, Jr., et al. v. the Boeing Company No. 28, 266 [No. 28,266: Plaintiff decedents relatives sought review of a decision of the United States District Court for the Southern District of Mississippi, which found that they were barred from pursuing a wrongful death action against defendant airline. A plane crash in Belgium claimed the victims slightly less than six years before plaintiffs brought this action. The action was brought in Mississippi solely to take advantage of its statute of limitations; Decided: 26 August 1970]
34-2 United States of America v. Otto Anderson No. 27, 756 [No. 27,756: Appellant filed an appeal from the judgment of the federal district court, which convicted him of making false statements to a United States agency, contending the introduction into evidence by defense counsel of appellant's FBI rap sheet was plain error; Decided: 13 April 1970]
34-3 United States of America v. Juan Jose Betancourt No. 28, 444 [No. 28,444: Appellant sought review of a judgment of the United States District Court for the Northern District of Florida, which was entered after a jury found him guilty of knowingly importing marijuana into the United States. He maintained that the trial court's issuance of an Allen charge was coercive and that his constitutional rights were violated; Decided: 1 June 1970]
34-4 United States of America v. Walter Joseph Collins No. 28, 334 [No. 28,334: Defendant challenged the order of the United States District Court of Louisiana, which convicted him of five counts of failing to report for and submit to induction into the armed forces; Decided: 27 April 1970]
34-5 United States of America v. Knippers and Day Real Estate, Inc., et al. No. 28, 208 [No. 28,208: Appellant federal government sought review of the decision of the United States District Court, which granted summary judgment to appellee realtors in appellant's suit to enjoin appellees from violating Title VIII of the Civil Rights Act of 1968, which prohibited discrimination on the basis of race in the sale of dwellings; Decided: 14 May 1970]
34-6 United States of America v. John David Woodall Nos. 28, 352, 28, 353 [Nos. 28,352, 28,535: Appellant United States filed a petition for rehearing en banc, after the court denied its petition for rehearing and reversed the judgment of the United States District Court for the Northern District of Alabama, which had convicted appellee on three multiple count indictments charging him with robbery of federally insured institutions and which had remanded the action to the district court to allow appellee to plead over to the indictments; Decided: 18 May 1970]
34-7 Walters, A. W., et al. v. Teamsters Local Union 612, an unincorporated association and Ryder Truck Lines, Inc., a corporation No. 28, 049 [No. 28,049: Plaintiff truck drivers appealed the judgment of the United States District Court, which denied plaintiffs' petition under the Labor Management Relations Act for injunctive relief against defendants, a union and an employer. The district court also denied plaintiffs' prayer for damages and a declaration that the change in the seniority system violated their rights under the parties' contract remedies clause; Decided: 13 May 1970]
34-8 Woods Exploration & Producing Company, Inc., et al v. Aluminum Company of America, et al. No. 28, 763 [Nos. 28,763, 29,487: Plaintiff oil production company sought review of the order of a federal district court granting defendant oil production companies summary judgment and judgment n.o.v. in a suit alleging violations of the Sherman and Clayton Acts; Decided: 5 January 1971]
34-9 Wyche, Zelma C. v. C. E. Hester, et al. No. 28, 215 [No. 28,215: Defendant appealed the denial of his petition for habeas corpus in the United States district court, after being convicted of simple assault, and alleged that the conviction violated the Civil Rights Act of 1964; Decided: 25 August 1970]
34-10 Angelico, Richard v. State of Louisiana No. 78-1070 [No. 78-1070: Appellant television news reporter sought review of an order from the United States District Court for the Eastern District of Louisiana, which denied his writ of habeas corpus. Appellant contended that the rules, under which he was convicted, transgressed permissible standards of vagueness under United States Constitution amendment I and amendment XIV, and that the state offered no evidence to show he blocked a building exit in violation of the rules; Decided: 12 April 1979]
34-11 In Re: Bestline Products Securities and Antitrust Litigation, et al. Nos. 76-3495, 77-2045 [Nos. 76-3495, 77-2045: Appellants challenged the orders of the United States District Court for the Southern District of Florida granting summary judgment, entering a preliminary injunction, and allowing the reimbursement of costs in an action questioning the management of class actions, the interpretation of the Anti-Injunction Act and the definition of "security" for purposes of federal securities laws; Decided: 6 February 1980]
34-12 Bio-Medical Applications of New Orleans, Inc., et al. v. National Labor Relations Board No. 78-1301
34-13 Clements Wire & Manufacturing Company, Inc. v. National Labor Relations Board No. 78-1296 [No. 78,1296: Appellant, the National Labor Relations Boards, sought review of an order from the United States District Court for the Southern District of Mississippi, which granted an injunction for appellee employer in appellee's action under the Freedom of Information Act; Decided: 15 February 1979]
34-14 Compania De Navigacion Porto Ronco, S.A., et al. v. S/S American Oriole, et al. No. 76-4411 [No. 76-4411: Plaintiff shipowner sought judgment against defendants, ship, its owner, and shipyard, for negligence following a collision. Intervenors, other shipowners and wharf owner, also sought damages against the ship and the shipyard. The owner of the second ship filed a cross-claim against the shipyard; Decided: 11 December 1978]
34-15 Delchamps, Inc. v. National Labor Relations Board No. 78-1176 [No. 78-1176: Petitioner employer sought review of an order entered by respondent National Labor Relations Board, which found that petitioner had engaged in unfair labor practices of the National Labor Relations Act. Respondent filed a cross-application for enforcement of its order; Decided: 25 January 1979]
34-16 Harless, Marilyn v. Boyle-Midway Division, et al. No. 77-1168 [No. 77,1168: Appellant mother of decedent child sought review of the United States District Court for the Northern District of Florida, which rendered a general verdict for appellee cooking spray manufacturer in appellant's actions on behalf of herself and administratrix of decedent for death of decedent from inhalation of freon from cooking spray; Decided: 11 May 1979]
34-17 Jerry, Gilbert, et al. v. Shell Oil Company, et al. No. 77-1397
35-18 McGowan, John W. v. F. Ray Marshall, Secretary of Labor, et al. No. 77-3495 [No. 77-3495: Appellant employer sought review from a judgment of the Occupational Safety and Health Review Commission which, upheld a determination that appellant failed to provide an approved gasoline container, a nonserious offense, and failed to provide and maintain guards around pulleys and flywheels, a serious offense; Decided: 16 October 1979]
34-19 Mitchell, Horace L. v. Captain J. C. Willie, et al. No. 77-1177
34-20 Parker, Robert L. v. Exxon Company, et al. No. 76-3407
34-21 United States of America v. Boston Farm Center, Inc., et al. No. 78-1175 [No. 78,1175: Appellant government sought review of the judgment of the United States District Court for the Middle District of Georgia, which issued a preliminary injunction against appellee distributor, but enjoined only appellee's interstate shipment of corn containing more than 100 parts per billion of aflatoxin as opposed to the requested injunction threshold at the 20 ppb level; Decided: 23 February 1979]
34-22 United States of America v. John Dohm and Robert Rowen No. 78-5030 [No. 78,5030: Defendants sought relief from the United States District Court for the Southern District of Florida's judgment, convicting them of conspiracy to sell one kilogram of cocaine and of possession of cocaine with intent to distribute; Decided: 21 June 1979]
34-23 United States of America v. Herbert Leroy Hagans, a/k/a Joe Palemo No. 78-5012
34-24 United States of America v. George Phillips No. 78-5114 [No. 78,5114: Appellant challenged his misdemeanor conviction from the United States District Court for the Middle District of Florida for failure to notify the Social Security Administration of his return to employment Appellant argued that the appellee did not sufficiently prove fraudulent intent; Decided: 9 August 1979]
34-25 United States of America v. Delmar Porter, et al. No. 78-5020 [No. 78-5020: Defendant laboratory operator and doctors challenged their convictions from the United States District Court for the Southern District of Florida, for conspiracy to defraud the United States, mail fraud, and either offering or receiving kickbacks or bribes in connection with supplying Medicare services; Decided: 21 March 1979]
34-26 United Transportation Union, et al. v. Florida East Coast Railway Company, et al. No. 77-1128 [No. 77,1128: Plaintiff union appealed the decision of the United States District Court for the Middle District of Florida, which entered summary judgment in favor of defendant railway company and held that plaintiff's claims under the Railway Labor Act were barred by the statute of limitations; Decided: 20 December 1978]
34-27 Walker, John Francis v. Warden, United States Penitentiary, et al. No. 78-1798 [No. 78,1798: The appellant sought review of the district court judgment but the death of the appellant before the release of the Court's opinion moots the appeal; Decided: 10 April 1979]
34-28 Brittingham, Robert M. v. Commissioner of Internal Revenue No. 77-1020 (Consolidated for Oral Argument with Nos. 77-1021, 77-1022 and 77-1023 [No. 77-1020, 77-1021, 77-1022, 77-1023: Both cases concerned proper allocation of income between two corporations, Ceramica Regiomontana, Inc. and Dallas Ceramic Company, one of which manufactured and sold tile for resale to the other. The petititioner challenged the legitimacy of the prices at which the Dal-Monte tile was sold in Mexico; Decided: 23 July 1979]
34-29 Broadmoor Improvement Association, Inc. v. Stan Weber & Associates, Inc., et al. No. 76-3796 [No. 76-3796: Plaintiff housing corporation appealed from the decision of the United States District Court for the Eastern District of Louisiana that granted defendant real estate agents' motion for summary judgment and dismissed the action on the ground that plaintiff did not have standing to sue; Decided: 22 June 1979]
34-30 Crescent City Lodge No. 37, International Association of Machinists and Aerospace Workers, et al. v. Boland Marine and Manufacturing Company, Inc. No. 77-1067 [No. 77-1067: Appellant labor union sought review of a judgment from the United States District Court for the Eastern District of Louisiana, which dismissed appellant's request for an order to compel appellee company to arbitrate a grievance; Decided: 26 March 1979]
34-31 Dallas Ceramic Company v. United States of America No. 77-1301 [No. 77-1301: Appellant ceramics company challenged a judgment of the United States District Court for the Northern District of Texas, which denied appellant a refund of taxes, penalties, and interest with respect to the reallocation of income between appellant and a third party, made by appellee tax commissioner; Decided: 23 July 1979]
34-32 Dillon, Warren and Jean, et al. v. Afbic Development Corporation, et al. No. 76-3797 [No. 76-3797: Plaintiffs challenged a judgment from the United States District Court for the Southern District of Alabama, which exonerated defendants of liability for a racially motivated refusal to sell a dwelling in violation of the Fair Housing Act of 1968 and the Civil Rights Act of 1866; Decided: 21 June 1979]
34-33 Government of the Canal Zone v. Charles Christopher Hodges, et al. No. 78-5200 [No. 78-5200: Defendants sought review of the judgments from the United States District Court for the District of the Canal Zone convicting them of breaking and entering a plant in the Canal Zone with larcenous intent; Decided: 6 February 1979]
34-34 Guffy, Donald v. Borden, Inc. No. 77-1024 [No. 77-1024: Defendant corporation sought review of a judgment from the United States District Court for the Eastern District of Texas, which found defendant negligent, awarded plaintiff deliveryman damages, and denied defendant's motion for a new trial and a judgment notwithstanding the verdict. Plaintiff sought damages after injuring himself when delivering a truck load of liquid wax to defendant's plant and slipping on wax that had spilled to the ground; Decided: 25 May 1979]
34-35 Heller, Walter E. & Company v. O/S Sonny V., et al. No. 77-1217 [No. 77-1217: Defendants, individual and corporation, appealed the decision of the United States District Court for the Southern District of Texas, which entered a summary judgment against defendant individual and partial summary judgment against defendant corporation in foreclosure of note action brought by plaintiff holder of a promissory note that was secured with a preferred ship's mortgage; Decided: 16 May 1979]
34-36 Shell Oil Company v. Douglas M. Costile, et al. No. 77-3207
34-37 Texas Distributors, Inc. v. Local Union No. 100, et al. No. 77-1070 [No. 77-1070: Defendant union challenged a judgment in the United States District Court for the Northern District of Texas, in favor of plaintiff employer for damages and attorney's fees in connection with defendant's picketing activities, which were found to be in violation of the National Labor Relations Act. Plaintiff cross-appeals from a finding that the picketing did not cause the cancellation of a project; Decided: 6 July 1979]
34-38 Todd Shipyards, Inc., et al. v. David Fraley, et al. No. 78-1369 [No. 78-1369: Petitioner employer appealed an order of the Benefits Review Board which found that respondent employee was entitled to compensation under the Longshoremen's and Harbor Workers' Compensation Act; Decided: 2 April 1979]
34-39 United States of America v. William George Dunbar, M. D. Nos. 78-1602, 78-5050 [Nos. 78-1602, 78-5050: Defendant appealed from a judgment by the United States District Court for the Southern District of Georgia, following his conviction for five counts of distributing a controlled substance, by means of a prescription not in the usual course of medical practice; Decided: 28 February 1980]
34-40 United States of America v. William George Dunbar, M. D. No. 78-5037 [No. 78-5037: Defendant challenged his conviction for conspiracy to possess with intent to distribute a Schedule II controlled substance by the United States District Court for the Southern District of Georgia; Decided: 8 March 1979]
34-41 United States of America v. Jamestown Center-in-the Grove Apartments. No. 78-1713
34-42 United States of America v. Ramon Rolando Sarduy No. 78-5297 [No. 78-5297: Defendant challenged his conviction in the United States District Court for the Western District of Texas, for knowingly transporting illegal aliens in violation of the Immigration and Nationality Act; Decided: 8 March 1979]
34-43 United States of America v. Juan Teran, Jr. No. 78-5196
34-44 United States of America v. Vincent Randolph Thornton No. 78-5357 [No.78-5357: Defendant challenged his conviction entered after a jury trial in the United States District Court for the Middle District of Georgia for bank robbery, and claimed that the investigatory stop was invalid and that the arrest was made without probable cause; Decided: 8 March 1979]
34-45 United States Steel Corporation v. Frank Gray, et al. No. 77-3096 [No. 77-3096: Petitioner employer appealed from the ruling of the Benefits Review Board in favor of respondent employee on respondent employee's claim for disability benefits under Title IV of the Federal Coal Mine Health and Safety Act; Decided: 2 February 1979]
34-46 Van Norman Oil Company v. Phillips Petroleum Company, et al. No. 76-2535 [No. 76-2535: Appellant sought review of the District Court ruling that the appellee, Van Norman Oil Company, rather than the American Petrofina Company of Texas was entitled to the sustainable funds; Decided: 8 March 1979]
34-47 Pennzoil Company v. Federal Energy Regulatory Commission No. 78-1564 [No. 78-1564: Petitioner oil company sought review of an order from respondent Federal Energy Regulatory Commission that summarily rejected a portion of petitioner's rate filing. Petitioner contended that respondent could not summarily eliminate the five cents per manufacturer gathering allowance. Petitioner asserted that respondent had no authority to issue the letter order eliminating the gathering allowance; Decided: 15 March 1979]
34-48 Transcontinental Gas Pipe Line Corporation v. Federal Energy Regulatory Commission No. 78-1426 [No. 78-1426: Petitioner gas company appealed a decision by respondent, the Federal Energy Regulatory Commission, in which the commission granted petitioner a permanent certificate of public convenience and necessity to construct a gas line with a condition; Decided: 6 February 1979]
34-49 Transwestern Pipeline Company v. Federal Energy Regulatory Commission No. 78-1090 [No. 78-1090: Petitioner sought review of certain orders of the Federal Energy Regulatory Commission relating to the Commission's regulations on research development and demonstration expenditures; Decided: 7 February 1979]
34-50 United Gas Pipeline Company v. Energy Regulatory Commission No. 78-1091 [No. 78-1091: Petitioner gas company sought review of the order of respondent Federal Energy Regulatory Commission, which denied recovery costs that petitioner could pass on to its customers; Decided: 22 June 1979]
34-51 Armstrong Cork Company, et al. v. World Carpets, Inc., et al. No. 78-1919 [No. 78-1919: Plaintiff appealed an order from the United States District Court for the Northern District of Georgia in which the court found plaintiff had infringed defendant's trademark under the Lanham Act; Decided: 21 June 1979]
34-52 The Berry Schools v. National Labor Relations Board No. 78-1766 [Nos. 78-1766, 78-1594: Petitioner faculty member challenged the judgment of respondent National Labor Relations Board, which affirmed the decision of an administrative law judge, dismissing petitioner's unfair labor practice claim against his university employer; Decided: 8 October 1980]
Box 35: 6 November 1978-26 June 1979
35-1 Citizens and Southern Factors, Inc. v. Small Business Administration, et al. No. 77-1628 [Nos. 77-1628, CER-21: By certified question from the United States Court of Appeals for the Fifth Circuit, appellant accounts receivable assignee sought review of the judgment of the district court, which ruled that appellee inventory financier had priority over the accounts receivable assignee to the proceeds from returned goods; Decided: 7 September 1979]
35-2 Davies, Frank A. v. Adams-Cates Company No. 77-1651
35-3 Delco-Remy Division, General Motors Corporation v. National Labor Relations Board No. 78-1523 [No. 78-1523: Corporate petitioner challenged an order of respondent National Labor Relations Board, which determining that petitioner's discharge of two of its employees was pretextual and that it threatened other employees who unionized, in violation of the National Labor Relations Act; Decided: 18 June 1979]
35-4 Federal Election Commission v. T. Bertram Lance No. 78-1859 [No. 78-1859: Appellant gubernatorial candidate sought review of an order from the United States District Court for the Northern District of Georgia, which compelled appellant to comply with an administrative subpoena issued by appellee federal election commission that required appellant to submit to deposition and produce documents in an investigation of possible illegal contributions to appellant's campaign; Decided: 5 May 1980]
35-5 Ivey, James, et al. v. Western Electric Company; Local 3925 Communication Workers of America, et al. No. 78-1700
35-6 Moorefield, Bill B. v. United States Secret Service, et al. No. 78-1443 [No. 78-1443: Plaintiff subject of investigations appealed an order from the United States District Court for the Northern District of Georgia, which granted summary judgment to defendants, secret service and agents, and denied access to plaintiff's file under the Freedom of Information Act; Decided: 13 February 1980]
35-7 National Labor Relations Board v. Purnell's Pride, Inc. No. 78-1566 [No. 78-1566: Petitioner National Labor Relations Board sought enforcement of its order directing respondent employer to bargain collectively with a union that had been certified as the representative of certain production and maintenance employees of respondent; Decided: 15 January 1980]
35-8 Taylor, Ervin G. v. Warden Joseph S. Hopper No. 78-2623 [No. 78-2623: Petitioner appealed a decision of the United States District Court for the Middle District of Georgia, which denied his petition for a writ of habeas corpus following his conviction for criminal attempt-armed robbery and felony murder, alleging that his confinement violated his constitutional right as an indigent to the assistance of counsel; Decided: 15 June 1979]
35-9 United States of America v. James Harrison Barham, a/k/a Robert Myers No. 78-5239 [No. 78-5239: Defendant appealed his conviction for counterfeiting from the United States District Court for the Northern District of Alabama. Defendant contended that he was deprived of due process and a fair trial as a result of a false impression conveyed to the jury by three government witnesses; Decided: 16 May 1979]
35-10 United States of America v. Alex Elmore No. 78-5304 [No. 78-5304: Defendant appealed his conviction from the United States District Court for the Northern District of Georgia for unlawfully possessing a controlled substance, heroin hydrochloride, with intent to distribute on the grounds that the district court committed reversible error in denying his motion to suppress; Decided: 22 May 1979]
35-11 United States of America v. Samuel L. Johnson No. 78-5473
35-12 United States of America v. Jesse Lewis No. 78-5430 [No. 78-5430: Defendant challenged his conviction of uttering and publishing as true a check with a falsely made and forged endorsement by the United States District Court for the Middle District of Alabama, and asserted that the court erred when it omitted his defense from the jury instructions; Decided: 10 April 1979]
35-13 United States of America v. Roy Grant Miller No. 78-5336 [No. 78-5336: Defendant challenged an order of the United States District Court for the Northern District of Mississippi, which found him guilty after a jury trial of four counts of transporting or causing to be transported in interstate commerce securities of a value of more than $5,000 knowing them to have been taken by fraud; Decided: 8 August 1979]
35-14 United States of America v. Northside Realty Associates, Inc., et al. No. 78-1373 [No. 78-1373: Both parties appealed the decision of the United States District Court for the Northern District of Georgia, which held defendants in civil contempt of a district court injunction prohibiting discriminatory housing practices. Defendants challenged incidents found by the district court showing conduct violative of the original injunction. The government raised questions regarding the court's remedial powers in civil contempt proceedings; Decided: 5 November 1979]
35-15 United States of America v. Charles T. Pinckard and Jack F. Feldman, a/k/a John Christiansen No. 78-5199
35-16 United States of America v. Albert Solomon Preston, Jr. No. 78-5280 [No. 78-5280: Appellant sought review from the United States District Court for the Middle District of Georgia, where he was convicted of three counts of bank robbery and one count of conspiracy. Appellant asserted assorted evidentiary and procedural errors, including whether it was error to allow admission of a prior conviction for robbery; Decided: 20 December 1979]
35-17 United States of America v. Donald Roundtree No. 78-5495 [No. 78-5495: Defendant appealed judgment from the United States District Court for the Northern District of Georgia, convicting defendant of unlawful possession with intent to distribute a controlled substance, heroin hydrochloride. Defendant contended that the trial court erred in denying defendant's motion to suppress; Decided: 6 June 1979]
35-18 United States of America v. Robert Daniel Thomas No. 78-5289
35-19 In the Matter of: Commonwealth Oil Refining Company, Inc., et al. No. 78-3019 [No. 78-3019: Appellant sought review of an order from the United States District Court for the Western District of Texas holding that appellee debtor's principal place of business for purposes of venue was in Texas; Decided: 13 June 1979]
35-20 Dresser Industries, Inc., et al. v. United States of America Nos. 78-1942, 78-2212 [Nos. 78-1942, 78-2212: Defendant corporation appealed from a decision of the United States District Court for the Southern District of Texas, which granted motions to dismiss the Department of Justice and the Securities and Exchange Commission plaintiff's suit to forestall disclosure of the details of certain transactions and seeking declaratory and injunctive relief; Decided: 13 June 1979]
35-21 Duncan, Diane, et al. v. Robert Barnes, et al. No. 77-1830 [No. 77-1830: Plaintiffs appealed a judgment from the United States District Court for the Northern District of Texas, which after a jury trial, failed to reach a unanimous verdict on whether defendants acted maliciously, arbitrarily or capriciously in conducting a search pursuant to a warrant, and granted defendants' motion for judgment in plaintiffs' action; Decided: 13 April 1979]
35-22 Fishing Fleet, Inc. v. Trident Insurance Company, Limited., et al. No. 77-1524 [No. 77-1524: Appellant insurer challenged a decision from the United States District Court for the Southern District of Texas, which awarded appellee shrimp boat owner the face amount of insurance coverage under a marine insurance policy issued by appellant to recover for her loss on the theory that the total constructive loss of the boat was caused by "barratry of the master;" Decided: 11 July 1979]
35-23 Fitzpatrick, James v. Lockheed Electronics Company, et al. No. 77-1840
35-24 Harryman, Burley Clifton v. W. J. Estelle, Jr., et al. No. 78-2459 [No. 78-2459: Appellant sought review of an order from the United States District Court for the Northern District of Texas, which denied his petition for a writ of habeas corpus based upon the improper introduction into evidence of his incriminating statement given without the benefit of Miranda warnings, and resulting in his conviction for knowing or intentional possession of heroin; Decided: 25 June 1979]
35-25 Hayden, Esther v. First National Bank of Mt. Pleasant, Texas, Inc. No. 77-1419 [No. 77-1419: Appellant employee sought review of a decision of the United States District Court for the Eastern District of Texas granting summary judgment to appellee employer. The district court held that the employee's claim of discrimination based on race or sex was trivial and that her testimony was not credible; Decided: 22 May 1979]
35-26 Keener, Robert E., et al. v. Sizzler Family Steak Houses No. 77-1768 [No. 77-1768: Plaintiffs appealed and defendant cross-appealed from decision of United States District Court for Northern District of Texas, which awarded plaintiffs damages and attorney fees for breach of contract, and denied plaintiffs recovery on antitrust claims. Plaintiffs claimed that damage and attorney fees were inadequate, and also challenged recovery on antitrust claims. Defendant cross-appealed as to liability for breach of contract; Decided: 20 June 1979]
35-27 Lone Star Steel Company v. The United States of America, and Interstate Commerce Commission No. 78-2154 [No. 78-2154: Petitioner steel company sought review of respondent Interstate Commerce Commission's order not to suspend and investigate certain rail freight tariffs of the Interstate Commerce Act; Decided: 8 August 1979]
35-28 Passmore, Franklin David v. W. J. Estelle, Jr., et al. No. 78-1963 [No. 78-1963: Petitioner state prisoner challenged the decision of the United States District Court for the Northern District of Texas, which denied his application for a federal writ of habeas corpus. Petitioner had been convicted of the offense of burglary and was sentenced to life imprisonment as a habitual offender. He exhausted state remedies before filing an application for federal habeas corpus relief; Decided: 27 April 1979]
35-29 Republic National Life Insurance Company v. United States of America No. 77-2062 [No. 77-2062: Defendant, the United States, appealed from a judgment of the United States District Court for the Northern District of Texas finding in favor of plaintiff, life insurance company, on two tax issues; plaintiff cross-appealed the court's finding in favor of defendant on a third issue; Decided: 7 May 1979]
35-30 Rogers, Ben v. The Aetna Casualty and Surety Company No. 77-1420 [No. 77-1420: Appellant insurer challenged the order of the United States District Court for the Eastern District of Texas, which denied its motion for directed verdict or judgment notwithstanding the verdict and awarded judgment to appellee insured under the dwelling extension provision of appellee's homeowner policy; Decided: 30 August 1979]
35-31 Sellars, Calvin v. W. J. Estelle, Jr., et al. No. 78-1118 [No. 78-1118: Respondent, the state, appealed from the United States District Court for the Southern District of Texas, which granted petitioner criminal's application for a writ of habeas corpus because an officer, who testified at trial that petitioner was not mistreated during his confession, changed his testimony and claimed that petitioner was mistreated. Petitioner filed a motion to remand to the district court; Decided: 11 April 1978]
35-32 Sonnleitner, Alois M. and Mildred v. Commissioner of Internal Revenue No. 77-1702 [No. 77-1702: Appellants sought review from a decision of the Tax Court of the United States in a case involving the tax treatment of certain proceeds of the sale of a business which were alloc