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Opinion Digests

Civil Rights – Police Officers' Polygraph Tests – Qualified Immunity (access required)

In this suit by several police officer who were required to take polygraph tests during an investigation of a shooting, the district court erred in ruling that defendant prosecutor was not entitled to qualified immunity in the officers’ suit under ...

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Criminal – Habeas Corpus – Destruction Of Evidence – No Bad Faith (access required)

Although the habeas petitioner, who was convicted of first degree sexual assault, contends that three separate instances of destruction of evidence violated his due process rights, he has failed to establish this claim and the denial of his habeas petition ...

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Bankruptcy – Divorce – PSA – Alimony – Parties' Intent (access required)

Where the parties’ property settlement agreement provided that husband would pay wife “as and for spousal support, alimony and maintenance,” a lump sum of $900,000 and monthly payments of $2,500 for 180 months, and other sections of the agreement also ...

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Admiralty – Marine Construction – Protection & Indemnity Policy – Vessel & Pontoon Collision (access required)

Where the collision between a fishing vessel and pontoons or pipes of the marine construction company’s dredge occurred while the pontoons or pipes were separated from the dredge in a flotilla during transport, the damage to the pontoons or pipes ...

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Bankruptcy – Reopening Ch. 7 Case – Omitted Creditors (access required)

Where debtor seeks to reopen her chapter 7 case for the purpose of adding creditors inadvertently omitted from her original petition, her request is denied. The debtor’s discharge was entered on Jan. 2, 1992, and the case was subsequently closed ...

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Civil Practice – Variance Between Evidence & Allegations – Rescission Of Deed – Mutual Mistake Of Fact – Fraud (access required)

Where the purchasers bought a plot of land from sellers after sellers presented a letter from the local health department which stated erroneously that there was an adequate drainfield for a three-bedroom house, when in fact, the drainfield in question ...

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