District Court for the District of Vermont Court Cases

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  1. United States v. Fell (2002)

    In two motions Defendant Donald Fell has moved this Court to declare the Federal Death Penalty Act of 1994 ("FDPA" or the "Act") unconstitutional. For the reasons that follow, Fell's motions (Docs. 44 and 65) are granted on the ground that the FDPA's § 3593(c)'s direction to ignore the rules of evidence when considering information relevant to death penalty eligibility is a violation of the Due Process Clause of the Fifth Amendment and the rights of confrontation and cross-examination [...]

    Court: District Court for the District of Vermont Docket: 2:01-CR-12-01
  2. MacE v. Amestoy (1991)

    Robert Mace petitions for a writ of habeas corpus. He claims that revocation of his probation violated his Fifth Amendment right against self-incrimination, his due process right to fair notice of his probation conditions and his First Amendment right against coerced speech. We grant the petition for habeas corpus on the ground that the revocation of probation was a violation of petitioner's Fifth Amendment right against self-incrimination.


    Court: District Court for the District of Vermont Docket: Civ. A. No. 90-177
  3. United States v. Ira S. Bushey & Sons, Inc. (1973)

    Ryan, Smith & Carbine, Rutland, Vt., and Christopher E. Heckman, McHugh, Heckman, Smith & Leonard, New York City, for defendants Ira S. Bushey & Sons, Inc., Spentonbush Transport Service, Inc., and Tanker Hygrade No. 8, Inc.


    Court: District Court for the District of Vermont Docket: Civ. A. No. 6380
  4. United States v. Cardinal (1978)

    The Government brings this action to recover on a promissory note executed by the defendant and one Joyce Cardinal, now deceased. Defendant filed original and amended answers with counterclaims and affirmative defenses, one of which alleged that the Government's action is time barred. The Government responded with a motion to dismiss and to strike portions of defendant's answer. On November 10, 1977 a hearing was held on plaintiff's motions at which both parties were represented by counsel. [...]

    Court: District Court for the District of Vermont Docket: Civ. A. No. 76-240
  5. CONSERVATION SOCIETY, ETC. v. Secretary of Transp. (1973)

    Angus Macbeth, New York City, and William F. Morrill, Lakeville, Conn., for The Natural Resources Defense Council, Inc.; Environmental Defense Fund; The Sierra Club; Berkshire Litchfield Environmental Council, Inc.; Citizens for Balanced Transportation and Environment, Inc., The Hoosic River Basin Citizens Environmental Protection Assn.; Housatonic Valley Assn.; The Lake Champlain Committee; South Berkshire Research; Western Mass. Public Interest Research Group; Vermont Public Interest Research [...]

    Court: District Court for the District of Vermont Docket: Civ. A. No. 6598
  6. Connelly v. University of Vermont and State Agr. Col. (1965)

    This Court has before it the defendant's motion to dismiss the complaint (1) on the ground that the Eleventh Amendment of the United States Constitution precludes federal jurisdiction (2) on the ground that the required jurisdictional amount is not present, and (3) on the ground that the complaint fails to state a claim upon which relief can be granted. In the alternative the defendant has moved for summary judgment under Rule 56, F.R.C.P. The plaintiff instituted this action praying that the [...]

    Court: District Court for the District of Vermont Docket: Civ. A. No. 4224
  7. Wright v. Mt. Mansfield Lift (1951)

    This is an action for damages resulting from a skiing accident brought by Florine and Robert B. Wright, Jr., husband and wife, of Springfield, Mass., against the Mt. Mansfield Lift, Inc., Mt. Mansfield Hotel, Inc., and the Stowe-Mansfield Association, Inc. The case was heard on its merits at the February term, 1951, U. S. District Court, District of Vermont. At the conclusion of the plaintiff's case, each of the three defendants filed a motion for a directed verdict. The motion, in each [...]

    Court: District Court for the District of Vermont Docket: Civ. A. No. 1101
  8. Grieve v. General American Life Ins. Co. (1999)

    In this declaratory judgment action, Defendants General American Life Insurance Company ("General American") and Integrity Life Insurance Company ("Integrity") seek summary judgment on the issue of whether an individual receiving structured settlement payments is bound by law and her agreement not to sell, assign or otherwise transfer her right to payment in exchange for a lump sum. Plaintiff Alison Grieve has cross moved for summary judgment. The parties agree that there are no disputed issues [...]

    Court: District Court for the District of Vermont Docket: 2:98-CV-57
  9. Kellogg v. Wyeth (2010)

    Jerome F. O'Neill, Esq., O'Neill Kellner & Green, Burlington, VT, Leslie A. Brueckner, Trial Lawyers for Public Justice, P.C., Louis M. Bograd, Washington, DC, Ralph D. Pittle, Esq., Medical Legal Consultants of Washington, Bellevue, WA, for Plaintiff.


    Court: District Court for the District of Vermont Docket: Case No. 2:07-cv-82
  10. In Re Purcell (1993)

    Appellant Federal Deposit Insurance Corporation as receiver of Valley Bank ("FDIC") appeals a July 2, 1992 decision of Judge Conrad of the U.S. Bankruptcy Court denying the FDIC's motion to dismiss appellee Maxine B. Purcell's ("Purcell") cause of action for lack of subject matter jurisdiction and granting Purcell's motion for summary judgment, 141 B.R. 480. Appellee Purcell filed opposition.


    Court: District Court for the District of Vermont Docket: Bankruptcy No. 91-10015, Civ. A. No. 92-263
  11. D'Avignon v. Palmisano (1982)

    Leonard G. D'Avignon, d/b/a Leonard D'Avignon & Sons Trucking, and his wife, Ruth D'Avignon, filed separate voluntary petitions for relief on February 24, 1981 under Chapter 7 of the Bankruptcy Code. 11 U.S.C. § 301 (Supp. III 1979). Among their assets both debtors listed real property, their residence, valued at $50,000, and household goods valued at $2300 held by the debtors as tenants by the entirety. This property constituted substantially all of the assets listed by Ruth D'Avignon. [...]

    Court: District Court for the District of Vermont Docket: Civ. A. No. 81-345
  12. In Re Riendeau (2002)

    This is an appeal from a decision of the Bankruptcy Court sustaining the Chapter 7 Trustee's objection to Debtor Riendeau's claimed exemption of certain pre-petition income from a bankruptcy proceeding. The Debtor has asked this Court to reverse the ruling of the Bankruptcy Court. For the reasons described below, the Court affirms the Bankruptcy Court's decision.


    Court: District Court for the District of Vermont Docket: 2:01-CV-240
  13. United States v. Clark (1979)

    This is a proceeding pursuant to 18 U.S.C. § 3184 to certify the extradition of Edward Lyford Clark to Canada under the provisions of the Treaty on Extradition Between the United States and Canada (the Treaty). 27 United States Treaties 983. Respondent Clark is a citizen of the United States who was arrested in Canada on February 27, 1978 and charged with importing Cannabis resin oil into Canada and with possession of Cannabis resin oil for the purpose of trafficking. At the time, he was on [...]

    Court: District Court for the District of Vermont Docket: Misc. No. 267
  14. United States v. Washington (1993)

    On August 4, 1992, the defendants and five co-defendants were charged in a 49count indictment with drug and firearms offenses. The drug offenses charged include conspiracy to distribute cocaine, possession of cocaine and distribution of cocaine. Among the firearms offenses charged, the indictment alleges that Jerome Washington used a firearm during a crime of violence, namely, retaliation against potential witnesses. During that incident a young woman was killed and two others seriously [...]

    Court: District Court for the District of Vermont Docket: 2:92-CR-63-01, 2:92-CR-63-02 and 2:92-CR-63-05
  15. Century Arms, Inc. v. Kennedy (1971)

    Plaintiff, Century Arms, Inc., is a Vermont corporation engaged in the importation and sale of firearms for law enforcement and sporting purposes. Between June of 1967 and August of 1968, Century Arms negotiated contracts with police departments and military branches of several foreign governments for the importation of $343,192.04 of surplus military rifles suitable for sporting purposes.


    Court: District Court for the District of Vermont Docket: Civ. A. No. 5929
  16. O'NEILL v. Berkshire Mut. Ins. Co. (1992)

    Plaintiffs Michael and Linda O'Neill moved this court on March 9, 1992, to confirm an arbitration award in the amount of $450,806.26 and to order judgment on that award. Defendant Berkshire Mutual Insurance Company ("Berkshire Mutual"), pursuant to the arbitration clause contained in the policy issued to plaintiff, requested a de novo trial following the arbitrators' decision. For the reasons stated hereinbelow, plaintiffs' motion is granted.


    Court: District Court for the District of Vermont Docket: Civ. A. No. 91-18
  17. United States v. Ira S. Bushey & Sons, Inc. (1972)

    John D. Carbine and John J. Zawistoski, Ryan, Smith & Carbine, Rutland, Vt., and Christopher E. Heckman, McHugh, Heckman, Smith & Leonard, New York City, for defendants Ira S. Bushey & Sons, Inc., Spentonbush Transport Service, Inc., and Tanker Hygrade No. 8 Inc.


    Court: District Court for the District of Vermont Docket: Civ. A. No. 6380
  18. Peters v. Middlebury College (1976)

    The plaintiff, Joan Peters, a former member of the faculty of Middlebury College, seeks in this action against the College and its former president, to vindicate rights which she asserts are protected by Title VII of the Civil Rights Act of 1964. Her claim is generated by the defendants' refusal to extend her non-tenured position on the faculty in the English department of the College. She contends the defendants' failure to offer her a third year teaching contract was based on her sex and, [...]

    Court: District Court for the District of Vermont Docket: Civ. A. No. 73-153
  19. United States v. Bushey (1985)

    Defendant Randy Bushey has been indicted in several counts. Count 13, at issue here, charges defendant with a violation of 18 U.S.C. § 924(c), as amended Oct. 12, 1984, for the use or carrying of a firearm during and in relation to a crime of violence. The underlying crime is possession with intent to distribute narcotics, for which defendant was separately indicted under 21 U.S.C. § 841(a). Defendant has moved to dismiss Count 13 on the ground that the underlying offense does not constitute [...]

    Court: District Court for the District of Vermont Docket: Crim. No. 84-66-1
  20. Conservation Society of Southern Vermont, Inc. v. Volpe (1972)

    Norman Cohen, Asst. U. S. Atty., Rutland, Vt., Andrew J. Dilk, U. S. Dept. of Transp., Washington, D. C. and Fletcher Krause, Regional Counsel, U. S. Dept. of Transp., Delmar, N. Y., for defendants Volpe and Kelley.


    Court: District Court for the District of Vermont Docket: Civ. A. No. 6598

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