A debt is liquidated when it is certain what is due and how much is due. Roberts v. ...
District Court for the District of Kansas Court Cases
This matter comes before the court on the motion of plaintiff Westchester Fire Insurance Company (hereinafter "Westchester") for summary judgment. Westchester contends that there is no coverage under a comprehensive general liability policy (hereinafter "CGL policy") that it issued to the defendant City of Pittsburg, Kansas (hereinafter "the City") for any claims asserted by Ernest Radell, Carol Radell, and Brandon Radell (hereinafter "the Radell family"), because the insurance policy contains [...]
Court: District Court for the District of Kansas Docket: Civ. A. No. 90-2305-O
This is a long-pending bankruptcy appeal involving an adversary proceeding for the collection of certain freight bills for trucking services. The bankruptcy court issued an order denying Consumer Products Associates Distributors' (CPAD) motion for arbitration and stay of adversary action pending arbitration. CPAD responded with a request for de novo review by this court and a notice of appeal.
Court: District Court for the District of Kansas Docket: 91-4032-RDR. Bankruptcy No. 88-41050-11. Adv. No. 90-7875
United States v. Kennedy (2000)
On August 25, 1999, Defendant Michael R. Kennedy was indicted for the intentional receipt of child pornography in violation of 18 U.S.C. § 2252(a)(2) (Doc. 1) and forfeiture under 18 U.S.C. § 2253. Before the court for its consideration are:
Court: District Court for the District of Kansas Docket: 99-10105-01
This appeal involves five Chapter 13 bankruptcy cases in which the debtors' plans were confirmed over objection of a creditor, Citifinancial Auto f/k/a TranSouth Financial ("Citifinancial") or Ford Motor Credit Company ("Ford Motor Credit"), that holds a purchase money lien against debtors' vehicles. In each case, the vehicle was purchased within 910 days of the date the bankruptcy was filed. The bankruptcy court ruled that neither Citifinancial nor Ford Motor Credit was entitled to interest on [...]
Court: District Court for the District of Kansas Docket: 06-2527-JAR, 06-2528-JAR, 06-2530-JAR, 06-2531-JAR, 07-2085-JAR
Roger L. Falk, Law Office of Roger L. Falk, Wichita, KS, Joseph D. Johnson, Joseph D. Johnson, Chtd., Topeka, KS, Daniel E. Monnat, Monnat & Spurrier, Chartered, Wichita, KS, Linda L. Eckelman, Dodge City, KS, for Susan Diane Vanderlinden.
Court: District Court for the District of Kansas Docket: 92-1044-DES, 91-3342-DES and 92-3230-DES
Stapleton v. Mitchell (1945)
A. B. Mitchell, Atty. Gen., of Kansas, Allen Meyers, Co. Atty., Shawnee County, of Topeka, Kan., Samuel M. Terbovich, Co. Atty., Wyandotte County, of Kansas City, Kan., and Clayton Brenner, Co. Atty., Johnson County, of Olathe, Kan., for defendant.
Court: District Court for the District of Kansas Docket: 4821, 4822, 4826, 4827
Wayman v. Amoco Oil Co. (1996)
Gary M. Austerman, Christopher A. McElgunn, Robert D. Wiechman, Jr., Klenda, Mitchell, Austerman & Zuercher, Wichita, KS, for plaintiffs Dan Stanislaus, Jess C. Smith, Arlin Roat, Brad Rhodes, John Reents, James L. McKown, Thomas F. McClernon, Donald B. Howell, Buddy R. Hill, Harold Clarke, Troy M. Botkin.
Court: District Court for the District of Kansas Docket: Civil Action No. 91-1451-MLB
United States v. Nguyen (1996)Nguyen is charged by indictment with a violation of the Hobbs Act, 18 U.S.C. § 1951 (Doc. 78, Count 1). Nguyen is also charged with using a firearm in the commission of specified crimes, including the Hobbs Act, pursuant to 18 U.S.C. § 924(c) (Doc. 78, Count 2). These charges arise from a robbery of the Mandarin Restaurant and Club in Wichita, Kansas on November 8, 1994, during which one of the co-owners, Barbara Sun, was killed. The government is seeking the death penalty pursuant to 18 [...]
Court: District Court for the District of Kansas Docket: Criminal Action No. 94-10129-01
Timothy C. Russell, Patricia A. Gotschalk, Theresa W. Hajost, Drinker, Biddle & Reath, Washington, D.C., M. Kathryn Webb, Morrison, Hecker, Curtis, Kuder & Parrish, Wichita, Kan., for plaintiffs.
Court: District Court for the District of Kansas Docket: Civ.A. No. 84-1802-T
Originally, the court was presented with motions for summary judgment on a wide variety of issues, filed on behalf of the 31 plaintiffs and defendant Vulcan Materials Company. Since that time, the "Fahnholz plaintiffs," a group representing all but two of the plaintiffs, have reached a settlement agreement with the defendant and have dismissed with prejudice their claims against Vulcan. The remaining plaintiffs, Lauri and Michael Maddy, assert claims against Vulcan alleging trespass, nuisance, [...]
Court: District Court for the District of Kansas Docket: 86-1636-K
In Re Barber (1996)In this appeal, the debtors, Anthony C. and Heather L. Barber, challenge the final decision of the bankruptcy court sustaining the Chapter 13 trustee's objection to the confirmation of their Chapter 13 plan. The debtors' proposed plan provided, inter alia, for the direct repayment to the Santa Fe Credit Union of a secured loan on an automobile, rather than repaying the loan through the Chapter 13 plan and administered by the Chapter 13 trustee. Basically, the debtors proposed that provision of [...]
Court: District Court for the District of Kansas Docket: 94-41804-13, 95-4101-SAC
Arloe W. Mayne, G. Fred Charles, Ashland, Ky., J. M. O'Loughlin, Oklahoma City, Okl., Gerald Sawatzky Foulston, Siefkin, Powers, Smith & Eberhardt, Wichita, Kan., for Ashland Oil & Refining Co.
Court: District Court for the District of Kansas Docket: Civ. A. Nos. KC-1969, KC-1945, KC-1946, KC-1947, KC-1948, KC-1980, W-3009, and W-3159
This action flows from defendant Hartford Casualty Insurance Company's ("Hartford") refusal to defend National Contractors, Inc. ("National") and Midwest Drywall, Inc. ("Midwest Drywall") in two underlying lawsuits against them. The matter comes before the court on plaintiff's motion for partial summary judgment (Doc. 36) and defendant's motion for summary judgment (Doc. 38). Plaintiff seeks partial summary judgment with regard to defendant's liability in this matter. Defendant seeks to have [...]
Court: District Court for the District of Kansas Docket: 01-2015-JWL
United States v. Hill (1988)On November 1, 1988, the Grand Jury handed down a three-count indictment against defendants Hill and Lux. Count I charges the defendants with conspiracy to commit the offense of knowingly and intentionally possessing cocaine, with the intent to distribute. Count II charges defendants with knowingly and intentionally attempting to possess with the intent to distribute more than 500 grams of cocaine. Finally, Count III charges defendant Hill with knowingly and intentionally possessing with the [...]
Court: District Court for the District of Kansas Docket: 88-20097-01
David J. Adkins, Bennett, Lytle, Wetzler, Martin & Pishny, L.C., Prairie Village, KS, Michael L. Blumenthal, Edward Katze, Constangy, Brooks & Smith, Atlanta, GA, for Swift Textiles Inc.
Court: District Court for the District of Kansas Docket: Civ. A. No. 94-2076-KHV
Brian J. Finucane, Sharon D. Hess, Bioff, Singer & Finucane, Kansas City, MO, Glen D. Nager, Jones, Day, Reavis & Pogue, Washington, DC, Steven T. Catlett, Matthew W. Lampe, Jones, Day, Reavis & Pogue, Columbus, OH, for Defendants.
Court: District Court for the District of Kansas Docket: 96-2410-JWL
This is an action seeking an accounting for and recovery of funds that the plaintiffs claim were to be paid into a pension plan which was created, and to be maintained, pursuant to collective bargaining contracts and supplements thereto entered into by the defendant Cardwell Manufacturing Company, Inc. (hereinafter referred to as "Cardwell"), and the plaintiffs, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), and International Union, United [...]
Court: District Court for the District of Kansas Docket: Civ. A. No. W-4796
United States v. Schrum (1980)
The above-captioned cases come before the court by reason of the several defendants' motions to dismiss indictments. Because the facts in each case are so similar, and the legal questions presented by the motions correspondingly akin, argument and decision on the motions has been consolidated.
Court: District Court for the District of Kansas Docket: 79-40031-01, 79-40035-01, 79-40034-01, 79-40033-01 and 79-40032-01
Arthur S. Chalmers, Kahrs, Nelson, Fanning, Hite & Kellogg, and Stephen W. Kerwick, Foulston & Siefkin, Wichita, Kan., Thomas R. Hill, Overland Park, Kan., Richard I. Stephenson, Wichita, Kan., and Mitchell L. Lathrop, San Diego, Cal., for plaintiffs.
Court: District Court for the District of Kansas Docket: 86-1863-C
Graham v. Wyeth Laboratories (1987)
This case is before the court on defendant's motion for summary judgment. Plaintiffs Charles and Tammy Graham claim their infant daughter, Michelle Graham, sustained severe and irreversible brain damage after being vaccinated against diptheria, pertussis (whooping cough) and tetanus. The DPT vaccine she received was manufactured and distributed by defendant Wyeth Laboratories ("Wyeth").
Court: District Court for the District of Kansas Docket: 85-1481-K