District Court for the Southern District of Alabama Court Cases

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  1. Davis v. Schnell (1949)

    A. A. Carmichael, Atty. Gen. of Alabama, Silas C. Garrett III, Asst. Atty. Gen. of Alabama, E. C. Boswell, of Geneva, Ala., Ira B. Thompson, of Montgomery, Ala., Kenneth Griffith, of Cullman, Ala., and Carl M. Booth, Circuit Sol., of Mobile, Ala., for defendants.


    Court: District Court for the Southern District of Alabama Docket: Civil Action No. 758
  2. Turner v. American Bar Ass'n (1975)

    Frank D. McCown, U. S. Atty., Kenneth J. Mighell, Robert B. Wilson, Asst. U. S. Attys., and Richard A. Scully, Trial Atty., Tax Div., Dept. of Justice, for federal judicial defendants and other federal defendants in No. 5-74-42.


    Court: District Court for the Southern District of Alabama Docket: Civ. A. No. 5-74-42, Civ. A. No. 74-480, Civ. A. No. S74-84, Civ. A. No. S74-29, Civ. A. No. S75-74, Civ. A. No. 4-74-190, Civ. A. No. 74-426-P, Civ. A. No. 75-C-182
  3. Taylor v. Holiday Isle, LLC (2008)

    This matter comes before the Court on the Motion for Partial Summary Judgment (doc. 9) filed by defendant Holiday Isle, LLC. The Motion has been briefed and is ripe for disposition at this time.[1]


    Court: District Court for the Southern District of Alabama Docket: Civil Action No. 07-0771-WS-M
  4. Ritter v. Smith (1983)

    This cause came before the Court pursuant to Wayne Eugene Ritter's petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254. Petitioner was tried and convicted of capital murder and sentenced to death in 1977 in an Alabama state court.


    Court: District Court for the Southern District of Alabama Docket: Civ. A. No. 83-0457-H
  5. United States v. Clark (1965)

    This action is brought by the United States pursuant to Section 206(a) of the Civil Rights Act of 1964 (78 Stat. 241) and 42 U.S.C. § 1971, to obtain preventive relief against acts and practices of the defendant City of Selma, Alabama, and the defendant public officials of Dallas County, Alabama. This action, having been commenced under Section 206 of the Civil Rights Act of 1964, and the Attorney General of the United States having filed a request therefor, the Chief Judge of the United [...]

    Court: District Court for the Southern District of Alabama Docket: Civ. A. No. 3438-64
  6. Patel v. Holley House Motels (1979)

    Defendants Holley Midgley, Sue B. Midgley and Holley House Motels (referred to collectively as Midgleys), have made a Motion For Partial Summary Judgment on the ground that there is no genuine issue as to any material fact and that the Midgleys are entitled to judgment as a matter of law with respect to the following issues:


    Court: District Court for the Southern District of Alabama Docket: Civ. A. No. 78-654-H
  7. Miller Industries v. Caterpillar Tractor Co. (1980)

    This action was originally tried without a jury by The Honorable W. B. Hand, United States District Judge for the Southern District of Alabama. Judgment was entered in favor of plaintiffs (Miller), 473 F.Supp. 1147, and defendants Caterpillar Tractor Company (Caterpillar) and Burford Equipment Company (Burford) appealed.


    Court: District Court for the Southern District of Alabama Docket: Civ. A. No. 78-70-H
  8. Pigott v. Sanibel Development, LLC (2008)

    This matter comes before the Court on Plaintiffs' Motion for Partial Summary Judgment (doc. 79), Defendant's Motion for Summary Judgment (doc. 81), and Plaintiffs' Motion to Strike (doc. 93). The Motions have been briefed and are ripe for disposition.


    Court: District Court for the Southern District of Alabama Docket: Civil Action No. 07-0083-WS-C
  9. Martin v. Pate (1990)

    This action was initiated in the Circuit Court of Dallas County, Alabama, with plaintiff seeking recovery of benefits under an employee benefit plan and also asserting claims for bad faith refusal to pay and fraud. Because plaintiff claimed benefits under an "employee benefit plan" as defined in ERISA, 29 U.S.C. § 1002(3), defendants invoked the jurisdiction of this Court under ERISA, 29 U.S.C. § 1132, and removed the action pursuant to 28 U.S.C. § 1441. A nonjury trial was conducted on [...]

    Court: District Court for the Southern District of Alabama Docket: Civ. A. No. CV-89-0363-B
  10. Gilbert Equipment Co., Inc. v. Higgins (1989)

    After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the recommendation of the magistrate made under 28 U.S. C. § 636(b)(1)(B) is ADOPTED as the opinion of this court.


    Court: District Court for the Southern District of Alabama Docket: Civ. A. No. 88-0242-P
  11. Dunn Const. Co. v. Sugar Beach Condominium Ass'n (1991)

    This cause is before the court on petitioners' motion to compel arbitration (tab 1), the memoranda and materials submitted in support thereof (tabs 9, 11, 12, 15, and 18), respondents' responses thereto (tabs 8, 10, 16, and 17), and respondent Altus Bank's ("Altus") motion to dismiss and brief submitted in support thereof (tab 7). After due and proper consideration of all of the above materials and of arguments made by counsel for the parties at an evidentiary hearing convened on September 18, [...]

    Court: District Court for the Southern District of Alabama Docket: Civ. A. No. 90-0549-RV
  12. Wakeland v. Brown & Williamson Tobacco Corp. (1998)

    Christopher E. Peters, J. Keith Givens, Angela J. Mason, Cherry, Givens, Peters & Lockett, P.C., Mobile, AL, Frederick T. Kuykendall, III, R. Jackson Drake, Charlene Cullen, Cooper, Mitch, Crawford, Kuykendall & Whatley, L.L.C., Birmingham, AL, for Plaintiffs.


    Court: District Court for the Southern District of Alabama Docket: Civ.A. 97-1091-BH-M
  13. Preis v. Lexington Ins. Co. (2007)

    Alistair May Ward, Gieger, Labord & Laperouse, LLC, Robert I. Siegel, New Orleans, LA, James W. Lampkin, II, Alford, Clausen & McDonald, Benjamen T. Rowe, David L. Kane, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Mobile, AL, for Defendants.


    Court: District Court for the Southern District of Alabama Docket: Civil Action No. 06-0360-WS-C
  14. Donovan v. Daugherty (1982)

    T. Timothy Ryan, Sol. of Labor, Monica Gallagher, Associate Sol., Norman P. Goldberg, Counsel for Litigation, Plan Benefits Sec. Div., Bobbye Spears, Regional Sol., U.S. Dept. of Labor, Forrest R. Foss, Atty., Plan Benefits Sec. Div., Washington, D.C., William R. Favre, Jr., U.S. Atty., Mobile, Ala., for plaintiff.


    Court: District Court for the Southern District of Alabama Docket: Civ. A. No. 81-0470-H
  15. Simmons v. American Mut. Liability Ins. Co. (1976)

    Clemco, Inc. contends that California or Tennessee law should govern the issues presented by its motion for summary judgment. The main point argued is that the law of the state in which the contract was made applies. In support of this contention it cites a line of cases of which the most recent is New Hampshire Fire Insurance Co. v. Curtis, 264 Ala. 137, 85 So.2d 441 (1955), which was decided before Alabama adopted the Uniform Commercial Code in 1965.


    Court: District Court for the Southern District of Alabama Docket: Civ. A. No. 75-19-T
  16. United States v. Draine (1986)

    The Court is called upon at this juncture to resolve a procedural quagmire pertaining to the respective claims of the Government, the defendant and the defendant's attorney, W. A. Kimbrough, to $11,400.00 in currency seized on December 3, 1984 pursuant to a state court authorized search warrant executed at 963 Gorgas Street, the defendant's residence. The Government's position is that these funds are forfeitable property under the criminal forfeiture provisions of 21 U.S.C. § 853 which [...]

    Court: District Court for the Southern District of Alabama Docket: Crim. No. 85-00178
  17. Evans v. Birtton (1979)

    The petitioner, presently incarcerated on death row at Holman Prison Unit under a death sentence imposed by the Circuit Court of Mobile County, brings this action seeking habeas corpus relief from such sentence pursuant to Title 28 U.S.C.A., § 2254. The facts leading up to the conviction of the petitioner have been set out by the Alabama Court of Criminal Appeals in Evans v. State, 361 So.2d 654, 655-62 (Ala.Cr. App.1977), and need not be repeated here. The petitioner was convicted of capital [...]

    Court: District Court for the Southern District of Alabama Docket: Civ. A. No. 79-0200-H
  18. Nalty v. Nalty Tree Farm (1987)

    Today the Court is called upon to decide whether objections to a Recommendation of the Magistrate have been timely filed. Because this procedural question arises with regularity, the Court will address it in some detail.


    Court: District Court for the Southern District of Alabama Docket: Civ. A. No. 83-0783-11
  19. Wiley v. Earl's Pawn & Jewelry, Inc. (1997)

    This matter is before the Court on motions for summary judgment filed by defendants Earl's Pawn & Jewelry, Inc., Eddie's Wholesale Jewelry & Pawn and Eddie's Wholesale Jewelry & Pawn # 3. After careful consideration of the motions, the briefs filed by the parties and the relevant evidence on file in light of the applicable law, the Court enters the following findings of fact and conclusions of law.


    Court: District Court for the Southern District of Alabama Docket: Civil Action Nos. 95-0195-CB-C, 95-0196-CB-C
  20. United States v. Olin Corp. (1996)

    Eugene A. Seidel, U.S. Attorney's Office, Mobile, AL, Kathy Urbach, Assistant Regional Counsel, Environmental Protection Agency, Atlanta, GA, Robert A. Kaplan, Environmental Enforcement Section, U.S. Dept. of Justice, Washington, DC, Cheryl L. Smout, U.S. Dept. of Justice, Environmental Enforcement Section, Washington, DC, Robert R. Homiak, U.S. Dept. of Justice, Environmental Enforcement Section, Environment & Natural Resources Div., Washington, DC, for plaintiff.


    Court: District Court for the Southern District of Alabama Docket: Civil Action No. 95-0526-BH-S

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