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District Court for the District of Montana Court Cases
Plaintiff, Dean Harmon, is a landowner and resident of Roosevelt County, Montana. Defendants, Phillips Petroleum Company (hereinafter "Phillips") and Phillips Natural Gas Company (hereinafter "PNG") are corporations whose states of incorporation and principal places of business are ones other than Montana. Therefore, jurisdiction of this court action is founded on diversity of citizenship. 28 U.S.C. § 1332(a).
Court: District Court for the District of Montana Docket: CV-81-60-GF
United States v. Waybright (2008)Bernard Lenwood Waybright was charged in a two-count indictment with failing to register as a sex offender, in violation of 18 U.S.C. § 2250(a). Section 2250(a) is part of the Sex Offender Registration and Notification Act ("SORNA" or the "Act"). The section makes it a federal crime for a sex offender who is required to register under SORNA to travel in interstate commerce and then fail to register. Waybright was convicted of a crime in West Virginia that obligated him to register under SORNA. [...]
Court: District Court for the District of Montana Docket: CR 08-16-M-DWM
The above-captioned matter came for trial on October 15 and 16, 1991, before Senior United States District Judge James F. Battin, sitting without a jury. Thomas E. Towe and Gerald B. Murphy represented the Plaintiff, Towe Antique Ford Foundation (hereinafter "TAFF"). Kirk C. Lusty and Keith P. Duet, Trial Attorneys, United States Department of Justice, represented the United States of America. The Court, having heard the testimony of the witnesses and having reviewed the exhibits admitted into [...]
Court: District Court for the District of Montana Docket: CV 89-141-BLG-JFB
United States v. Holder (1969)The defendant was convicted in a jury trial of transmitting "in interstate commerce from Billings, Montana, to the Federal Bureau of Investigation Headquarters in Washington, D. C., a telephonic communication containing a threat to injure the person of another, to-wit: a threat to cut off the head of Lawrence D. Talbot of Billings, Montana," in violation of 18 U.S.C. § 875. He has moved for a judgment of acquittal notwithstanding the verdict, or, in the alternative, for a new trial, [...]
Court: District Court for the District of Montana Docket: Crim. No. 407
This action is against the Forest Service under the Freedom of Information Act ("FOIA"), seeking information regarding the Forest Service's travel management programs. After a year of pretrial litigation, the parties participated in a court-mediated settlement conference. The parties resolved the dispute in November of 2007 through an Amended Consent Decree. See dkt # 51.
Court: District Court for the District of Montana Docket: CV-06-101-M-DWM
Deeds v. United States (1969)
Plaintiff seeks damages under the Federal Tort Claims Act for injuries sustained on May 31, 1963, when an automobile owned and being driven by Gerald B. Tanberg, in which plaintiff was riding as a guest passenger, left the road and rolled over on Montana secondary highway No. 232, generally known as "Wild Horse Road".
Court: District Court for the District of Montana Docket: Civ. No. 2567
McGee v. Riekhof (1978)
IT IS ORDERED and this does order that defendant's motion to dismiss be and the same hereby is denied. The reasons for the denial are set forth more fully in the court's memorandum accompanying the order.
Court: District Court for the District of Montana Docket: Cv-77-51-Bu
This is an action to recover money allegedly due the plaintiff for construction of housing on the Crow Indian Reservation, and for damages allegedly arising from wrongful non-payment of those amounts. It is before the Court on a motion to dismiss.
Court: District Court for the District of Montana Docket: CV-80-136-BLG
On November 17, 1972, the plaintiff (hereinafter "consumer") was convicted in a federal court, following a plea of guilty, of a violation of 18 U.S.C. ß 641 (theft of government property). He was sentenced under the Youth Corrections Act. 18 U.S.C. ß 5005 et seq. The imposition of sentence was suspended and he was placed on probation for one year. Prior to the expiration of the period of probation consumer was unconditionally discharged, and his conviction was automatically set aside. A [...]
Court: District Court for the District of Montana Docket: CV 74-7-BLG
Jenny K. Harbine, Timothy J. Preso, Earthjustice Legal Defense Fund, Bozeman, MT, for Defenders of Wildlife, Natural Resources Defense Council, Sierra Club, Humane Society of the United States, Center for Biological Diversity, Jackson Hole Conservation Alliance, Friends of the Clearwater, Alliance for the Wild Rockies, Oregon Wild, Cascadia Wildlands, Western Watersheds Project, Wildlands Network, Hells Canyon Preservation Council.
Court: District Court for the District of Montana Docket: CV 09-77-M-DWM, CV 09-82-M-DWM
George F. Darragh, Jr., Office of the U.S. Attorney, Great Falls, MT, Alan L. Joscelyn, Gough Shanahan Johnson & Waterman, Helena, MT, William P. Pendley, Michael P. Adams, D. Andrew Wight, Mountain States Legal Foundation, Lakewood, CO, Gary G. Broeder, Broeder Law Office, Billings, MT, for defendants.
Court: District Court for the District of Montana Docket: CV 00-39-GF-DWM
Rick Anderson, Asst. U. S. Atty., Butte, Mont., and Dorothy Burakreis & Peter Coppleman, Dept. of Justice, Washington, D. C., Land & Natural Resources, Washington, D. C., for all United States defendants.
Court: District Court for the District of Montana Docket: 79-29-Bu
Jessen v. O'DANIEL (1962)On July 11, 1958, plaintiff instituted this action in the District Court of Custer County, Montana, to recover $35,000.00, with interest, from the estate of John T. O'Daniel, deceased, on a judgment entered against O'Daniel by the District Court of Garfield County, Montana, on October 14, 1957, in a personal injury action arising from a truck-automobile collision on November 4, 1954. On that date O'Daniel was insured under a policy issued by the cross-defendant (hereinafter referred to as [...]
Court: District Court for the District of Montana Docket: Civ. No. 221
Mr. Much was injured in May, 1975, when his holstered Ruger revolver discharged into his leg as he crawled under some heavy brush. This products liability action was filed in September, 1979, well beyond the statutory period. In an effort to overcome the effect of the statute of limitations, plaintiff argues that Ruger fraudulently concealed material facts respecting an allegedly defective safety in its pistols, thereby tolling the statute. In the alternative plaintiff urges this court to apply [...]
Court: District Court for the District of Montana Docket: CV-79-62-Bu
This is a declaratory judgment action brought by Aetna Casualty and Surety Company (Aetna), a corporation engaged in the business of insurance. Aetna maintains its principal place of business in Connecticut.
Court: District Court for the District of Montana Docket: CV-86-32-BU-WDM
This action is a result of an airplane crash on July 25, 1976, at the Butte, Montana airport. The airplane, piloted by Marlin Everett Wagner, shortly after lift-off struck a telephone wire and thereafter crashed, killing, or severely injuring all on board. Plaintiff, Trust Corporation of Montana, brings this action as personal representative of the estate of decedent Wagner. Defendant, Piper Aircraft Corporation, is incorporated in Pennsylvania and has its principal place of business in [...]
Court: District Court for the District of Montana Docket: CV-79-51-GF
James A. Patten, Patten & Renz, Billings, Mont., Thomas M. France, Natural Resource Clinic, Missoula, Mont., Frances M. Green, National Wildlife Federation, Boulder, Colo., Norman L. Dean, National Wildlife Federation, Washington, D.C., for plaintiffs.
Court: District Court for the District of Montana Docket: CV-82-117-BLG
On July 12, 2004, Plaintiffs made a timely motion pursuant to Fed. Rule Civ. P. 59(e) to alter or amend the Court's June 29, 2004 Order granting summary judgment to the BLM. Amendment or alteration is appropriate under Rule 59(e) if (1) the district court is presented with newly discovered evidence, (2) the district court committed clear error or made an initial decision that was manifestly unjust, or (3) there is an intervening change in controlling law. School Dist. No. U, Multnomah County v. [...]
Court: District Court for the District of Montana Docket: CV 00-69-M-DWM
This case, like a cloud larger than a man's hand, will hang over the northwest states of Montana, Idaho, and Wyoming until there has been a final determination of the complex issues presented. Those issues must be answered in accordance with the intent of Congress as stated in the Endangered Species Act and its implementing regulations. Here, Plaintiffs challenge the U.S. Fish & Wildlife Service's decision to designate and delist a northern Rocky Mountain gray wolf distinct population [...]
Court: District Court for the District of Montana Docket: CV 08-56-M-DWM
This action has its genesis in a controversy between two insurance companies which successively provided liability insurance coverage relative to the operation of a motel. The plaintiff, Casualty Indemnity Exchange Insurance Company ("Casualty"), instituted the action seeking contribution from the defendant, Liberty National Fire Insurance Company ("Liberty National"), with respect to Casualty's satisfaction of a claim for personal injury advanced against the owners of a motel by a guest. [...]
Court: District Court for the District of Montana Docket: CV-94-048-BU