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District Court for the Western District of Wisconsin Court Cases
Charles F. Smith, Jr., Tinkham, Smith, Bliss, Patterson & Richard, Wausau, Wis., and V. Downing Edwards and Patricia M. Heim, Edwards, Parke & Heim, LaCrosse, Wis., for defendants Marshall & Ilsley Bank, as Personal Representative of Estate of Phillip Slomann, Ashley H. Slomann, Herman Nemzoff, Frank L. Guth, Bonita Rooney, and R. W. DeKeyser.
Court: District Court for the Western District of Wisconsin Docket: 76-C-543, 77-C-276
Plaintiff was retained by the defendants as an assistant professor at Wisconsin State University-Oshkosh on a one-year contract for the school year 1968-1969. He had not attained tenured status under Wisconsin statutes. During the 1968-1969 school year at the university, there were disturbances and controversies concerning the university administration and the defendants. The plaintiff was vocal in his expressions of opinion with respect to such disturbances and controversies. Such expressions [...]
Court: District Court for the Western District of Wisconsin Docket: 69-C-24
This is an action to recover on an insurance policy. The second amended complaint herein alleges that plaintiff Kisting is an Iowa citizen; that plaintiff Anchor Sales Co. (hereinafter Anchor) is an Illinois citizen; that defendant Westchester Fire Insurance Company (hereinafter Westchester) is a New York citizen; and that the amount in controversy, exclusive of interest and costs, exceeds $10,000.
Court: District Court for the Western District of Wisconsin Docket: 67-C-27
This case presents a straightforward question: does the Fair Labor Standards Act, 29 U.S.C. §§ 201-219, require defendant Kraft Foods Global, Inc., to pay its employees for time they spend putting on and taking off items of safety and sanitation equipment that defendant's policies and federal law require the employees to wear?
Court: District Court for the Western District of Wisconsin Docket: 3:07-cv-00300-bbc
In Re Zehrung (2006)
Plaintiff Dupaco Community Credit Union brings this appeal from the final order of the Bankruptcy Court denying plaintiffs claim and confirming the debtors' Chapter 13 plan. This Court has jurisdiction of the appeal pursuant to 28 U.S.C. §§ 158(a)(1) and 1334. The following relevant background and facts are undisputed.
Court: District Court for the Western District of Wisconsin Docket: 06-C-437-S
This is a civil case in which the plaintiff insurer seeks a declaratory judgment concerning the coverage offered under one of its policies. Defendant Trane counterclaims and cross-claims for monetary damages and attorneys' fees based on breaches of the plaintiff and defendant insurers' duty to defend.
Court: District Court for the Western District of Wisconsin Docket: 74-C-421
In Re Osborne (1984)This case involves an application by plaintiffs for equitable subordination under 11 U.S.C. § 510(c) of the claim of defendant Production Credit Association of River Falls, Wisconsin. Plaintiffs claim that defendant's alleged control over the debtors' beef cattle business and misrepresentations to plaintiffs about the degree of support defendant would provide to the debtors entitle plaintiffs to have defendant's claim subordinated to theirs. Defendant appeals the bankruptcy judge's finding [...]
Court: District Court for the Western District of Wisconsin Docket: 84-C-43-C
On March 9, 1979, this Court, at the request of the government, but after hearing from both parties, issued a temporary restraining order enjoining defendants, their employees, and agents from publishing or otherwise communicating or disclosing in any manner any restricted data contained in the article: "The H-Bomb Secret: How We Got It, Why We're Telling It."
Court: District Court for the Western District of Wisconsin Docket: 79-C-98
In Re Mancl (2008)Debtors Daniel and Carol Mancl appeal from the final order of the bankruptcy court denying confirmation of their chapter 13 plan for failure to provide sufficient payments to general unsecured creditors. Jurisdiction over the appeal is based on 28 U.S.C. § 158(a)(1). I conclude that the sufficiency of payments to general unsecured creditors is governed by 11 U.S.C. § 1325(b) and that the debtors' chapter 13 plan conforms to its requirements. Accordingly, the debtors' plan must be confirmed.
Court: District Court for the Western District of Wisconsin Docket: 07-cv-0582-bbc
Woods v. White (1988)
In this civil case brought pursuant to 42 U.S.C. § 1983, plaintiff alleges that he is an inmate of the Waupun Correctional Institution, that defendants are medical service personnel at the institution's Health Service Unit, and that at some time in 1986 defendants discussed with non-medical staff and with other inmates the fact that plaintiff had tested positive for the AIDS virus. Plaintiff contends that these actions violated his constitutional right to privacy.
Court: District Court for the Western District of Wisconsin Docket: 86-C-701-C
This is an appeal by several creditors from an order of the United States Bankruptcy Court for the Western District of Wisconsin confirming the plan for reorganizing Polytherm Industries, Inc. under Chapter 11 of the Bankruptcy Code. Appellants First National Bank of the City of Superior and Economic Development Administration object to confirmation of the amended plan on four grounds: (1) the plan fails to satisfy the requirements of 11 U.S.C. § 1129(b) because the class of secured creditors [...]
Court: District Court for the Western District of Wisconsin Docket: Bankruptcy No. 83-C-27-C
Morales v. Schmidt (1972)In his complaint, plaintiff alleges that he is presently confined in the Wisconsin State Prison; that the defendant is the Secretary of the Department of Health and Social Services of the State of Wisconsin; that the defendant has general supervision over the rule-making policies of the prison and that he is "directly liable for the conduct and actions of his agents therein"; that plaintiff wrote a letter to the sister of his wife Sandra; that the name of the sister-in-law was on his approved [...]
Court: District Court for the Western District of Wisconsin Docket: 71-C-29
This is a civil action brought under the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., arising out of defendants' alleged failure to bargain in good faith with plaintiffs on the terms of a tribal-state Indian gaming compact. Defendants concede that the state has refused to bargain over certain gaming activities that it believes are not proper subjects of negotiation. They represent, however, that the state is prepared to return to negotiations once the court has determined whether [...]
Court: District Court for the Western District of Wisconsin Docket: 90-C-408-C
United States v. Stockheimer (1974)On November 20, 1974, defendant filed a motion for an order "to allow Gordon Peterson a person not licensed by any Court or Governmental Agency, but only licensed by Petitioner by this Power of Attorney, to be and act as Counsel and spokesman for Petitioner before the Court at the pleasure and direction of Petitioner." At the foot of the motion is a consent signed by Gordon Peterson "to act as spokesman and agent for Petitioner herein by his license and Power of Attorney, at his direction and [...]
Court: District Court for the Western District of Wisconsin Docket: 74-CR-72
This is a civil action for declaratory, injunctive and monetary relief brought pursuant to § 203 of Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq. Plaintiff asserts that defendant terminated plaintiff's employment in violation of the Act when it refused to renew his employment contract, refused to give him a merit raise, refused to restore certain employment duties and created a hostile work environment because his physical disability required an accommodation of [...]
Court: District Court for the Western District of Wisconsin Docket: 93-C-46-C
Plaintiffs allege that they are tenured members of the faculties of several campuses of the University of Wisconsin, a state institution, and that as a result of action taken by the defendant state officials, plaintiffs will no longer be employed in their positions on and after July 1, 1974. They bring this action pursuant to 42 U.S.C. § 1983 and 28 U. S.C. § 1343(3), contending among other things that the defendants have denied the plaintiffs that minimal procedural due process which is [...]
Court: District Court for the Western District of Wisconsin Docket: 74-C-142
This is a civil action for injunctive and declaratory relief. Plaintiff Oneida Tribe of Indians of Wisconsin occupies a reservation situated in Brown and Outagamie Counties in the state of Wisconsin. Plaintiff seeks a ruling that Wis.Stats. Ch. 163, relating to bingo operations, may not be lawfully enforced on the Oneida reservation. On February 27, 1981, I entered an order denying plaintiff's motion for a preliminary injunction on the ground that plaintiff had failed to show that it would [...]
Court: District Court for the Western District of Wisconsin Docket: 81-C-54
Plaintiff Wisconsin Central Ltd. (WCL) commenced this action under 28 U.S.C. §§ 1331 and 1337 for declaratory judgment and injunctive relief against defendant City of Marshfield (City). Plaintiff has moved for partial summary judgment on Count I of its Second Amended Complaint that federal law preempts the City's efforts under Wisconsin law to condemn property used in rail transportation.
Court: District Court for the Western District of Wisconsin Docket: 99-C-0636-S
Whitt v. DeLeu (1989)
Robert J. Ruth, Bolgrien, Ruth, Rentz, Mineau & Koepke, S.C., Beloit, Wis., for McGregory, Harris, Lee, Walls, Johnson, Walters, Pollard, Nielsen, Kranz, McQuisten, McMillen and Beloit School Dist.
Court: District Court for the Western District of Wisconsin Docket: 87-C-324-C
This action arises from alleged violations of a dealership agreement. The plaintiff is and has been since 1958 a dealer of products manufactured or sold by the defendant Massey-Ferguson, Inc. This relationship was memorialized in a "Dealer Sales and Service Agreement" executed March 15, 1976 between the plaintiff and the defendant which established the plaintiff as a dealer of those M-F products identified in a "Product Supplement," another document executed by the parties on the same day. The [...]
Court: District Court for the Western District of Wisconsin Docket: Civ. A. No. 78-C-436