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Opinion Digests

Labor & Employment – Railway Labor Act – Arbitration (access required)

Where an arbitration board heard this dispute between the railroad and the union over the railroad’s use of an outside contractor limousine service, and the board inferred from the railroad’s refusal to submit to a joint check of its records ...

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Civil Rights – First Amendment – State University Student Activities Fund – Religious Publication (access required)

Where the state university has refused to disburse monies from its student activities fund for the benefit of a student-run religious publication, this refusal does not violate the First and 14th Amendments to the U.S. Constitution. Because the journal in ...

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Bankruptcy – Dischargeability Of Debt – Money Judgment – Jurisdiction (access required)

Where a portion of debtor’s debt to an insurance company for receipt and alteration of a vehicle stolen from the company’s insured was excepted from discharge, the bankruptcy court had jurisdiction to enter a money judgment against debtor for the ...

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Administrative – Social Security – SSI – Res Judicata (access required)

Although claimant seeks to have the district court review her application for Supplemental Security Income benefits for an “unadjudicated period of time” between March 1988 and May 1990 during which claimant contends she did not receive benefits, the magistrate judge ...

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Bankruptcy – Spendthrift Trust – Texas Law – Limitations (access required)

Where debtor received an inheritance from his father which he assigned to his sister, who deposited funds in her own account, some of which were used to pay some of debtor’s debts, but the debtor and his sister did not ...

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Bankruptcy – City Tax Liens – Disgorgement Of Bank's Sale Proceeds (access required)

Where the city did not receive notice of the court-ordered sale of debtor’s realty on which the city had tax liens, the bankruptcy court will reconstruct the sale to require the bank to disgorge sufficient sale proceeds to pay the ...

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Labor & Employment – Employee's Retention – Government Contract – Fraud – Not Clear & Convincing Evidence (access required)

Although plaintiff employee, an electronic technician, presented testimony about his efforts to ascertain whether defendant company was hiring him on a “contract basis,” i.e., for a specific project, or indefinitely, on an “overhead basis,” and although an agent for the ...

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Criminal – Death Penalty – Voluntariness Of Confession – Police Misrepresentation – Batson Claim (access required)

Although a police officer who was interrogating defendant told him about a “Retinal Image Machine” that would project an image of the last thing a dead person had seen, this misrepresentation during interrogation did not invalidate defendant’s statement because it ...

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Workers' Comp – Injury By Accident – Occupational Disease – Minister (access required)

Although claimant, a minister, entered a hospital for medical treatment shortly after being confronted by his supervisor with allegations of forgery and a request for the minister’s church records for an audit, claimant has not proven an “injury by accident” ...

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