
Precise Tool & Gage Co. v. Multiform Desiccants, Inc. (In Re Precise Tool & Gage Co.)
District Court, E.D. Tennessee · 1984-06-26
The case involved a contract dispute in which Precise Tool & Gage Co., the debtor, agreed to manufacture and sell a custom rotary dricap machine to Multiform Desiccants, Inc. for $137,000, with provisions for design updates by a third party and adjustments for modifications. The debtor sought payment for additional costs arising from design changes, delayed drawings, and extra assembly work, while the defendants took early delivery of the machine despite it not yet meeting the contract's 40-hour operational test and asserted a counterclaim for repair labor. The court found that the debtor was entitled to recover $29,894 in extra charges, reduced by a $5,000 agreed deduction and the $3,768 counterclaim, resulting in a net award. The U.S. District Court therefore entered judgment for the plaintiff in the amount of $21,126 plus costs.
business & regulatory
Moody v. United States
District Court, E.D. Tennessee · 1984-04-19 · cited 6×
This case under the Federal Tort Claims Act involved claims by Viola Moody and her mother Hiley Shoffner for property damage and personal injury allegedly caused by negligent supervision and inspection of Moody's home construction by the Farmers Home Administration. The court dismissed Shoffner's claim for lack of subject matter jurisdiction because the administrative claim filed by Moody's attorney did not properly name Shoffner or demonstrate authority to act on her behalf. On Moody's claim, the court granted summary judgment to the United States, holding that FmHA regulations clarified its inspections served only the government's interests in loan security and statutory goals, not the borrower's, so no duty was owed or assumed under the Good Samaritan doctrine.
torts & liabilityprocedure
Legal Environmental Assistance Foundation, Inc. v. Hodel
District Court, E.D. Tennessee · 1984-04-13 · cited 7×
This case concerned whether the Department of Energy's Y-12 Plant, a nuclear weapons facility in Tennessee, must comply with the Resource Conservation and Recovery Act (RCRA) for handling hazardous wastes like chromium and mercury, and the Clean Water Act (CWA) for unpermitted discharges into local waterways and groundwater. Environmental groups and the state of Tennessee sued for declaratory and injunctive relief plus penalties, while DOE argued that the Atomic Energy Act barred such regulation as inconsistent. The court ruled that both RCRA and CWA apply, as they do not irreconcilably conflict with the Atomic Energy Act and other environmental statutes already regulate the site, and found DOE in violation of both laws. It reasoned that federal facilities are subject to these statutes and that primary jurisdiction did not require deferral to the EPA. The court ordered DOE to seek the required permits but imposed no immediate injunction or penalties.
environmentfederal powerbusiness & regulatory
Bell v. Union Carbide Corp.
District Court, E.D. Tennessee · 1984-03-26 · cited 3×
In Bell v. Union Carbide Corp., a former employee sued his employer alleging that the company pressured him into resigning through calls to his doctors and other actions, claiming this constituted intentional infliction of emotional distress and violated his rights under a collective bargaining agreement. The case, removed to federal court, involved a pending grievance under the agreement's procedures. The court granted the defendant's motion for summary judgment, holding that the wrongful discharge claim required exhaustion of the grievance process or proof of the union's breach of its duty of fair representation, neither of which occurred. On the tort claim, the court found it preempted by federal labor law under the NLRA because the underlying facts overlapped with the grievance, the conduct was not sufficiently outrageous to qualify for an exception, and the distress stemmed primarily from the discharge itself.
labor & employmenttorts & liability
In Re Grand Jury Empanelled March 8, 1983
District Court, E.D. Tennessee · 1984-01-31 · cited 3×
This case involved a request by the United States to seal a motion to quash three grand jury subpoenas duces tecum issued to Jacob F. Butcher and his attorney, and to hold a closed hearing on that motion. The court granted the request, ordering that the hearing be closed to the public and that related motions, responses, and briefs be sealed. The decision rested on Federal Rule of Criminal Procedure 6(e)(5) and (6), which require closure of hearings and sealing of records to the extent necessary to prevent disclosure of matters occurring before the grand jury; the court relied on the Advisory Committee Notes explaining that open pre-indictment proceedings often reveal witness identities, targets, expected testimony, and the extent of cooperation, compromising grand jury secrecy. Although some information about the investigation was already public, the court found that an open hearing would still disclose additional details, such as the nature of the documents sought, especially when compared to prior subpoenas, and that the limited public right of access does not extend to such grand jury matters.
criminal lawprocedure
Googe v. Secretary of the Treasury
District Court, E.D. Tennessee · 1983-12-30 · cited 8×
In Googe v. Secretary of the Treasury, the plaintiff challenged a $500 penalty imposed by the IRS under 26 U.S.C. § 6702 for filing a frivolous tax return, after he deducted the value of his labor from his wages on his 1982 Form 1040, claiming a refund. The court granted the defendant's motion to dismiss, upholding the penalty. The court reasoned that the return was substantially incorrect and frivolous because compensation for services is included in gross income under 26 U.S.C. § 61, and the authority to assess penalties was properly delegated to the IRS with no due process violation since the taxpayer could seek a refund after assessment.
taxesfederal power
Kennibrew v. Russell
District Court, E.D. Tennessee · 1983-12-29 · cited 7×
This case is an action under 42 U.S.C. § 1983 by an inmate at the Knox County Penal Farm alleging that various conditions of confinement violated the Eighth Amendment. The court considered defendants' motion to dismiss, which it converted to a motion for summary judgment after reviewing supporting affidavits and inspection reports. It allowed amendment of the complaint to name proper defendants, denied dismissal of the Sheriff's Department, and granted summary judgment to defendants on the merits. The court found no constitutional violations in the challenged conditions, such as clothing changes, bunk spacing, food preparation, recreation, medical care, and facility maintenance, applying precedents like Rhodes v. Chapman and deferring to prison administrators absent clear Eighth Amendment breaches.
criminal lawcivil rightsprocedure
Lieber v. Union Carbide Corp., Nuclear Div.
District Court, E.D. Tennessee · 1983-12-16
The case involved a retired employee suing his former employer for breach of contract, alleging that the company's policy of providing annual performance reviews was part of his employment agreement, and that the failure to provide reviews in 1978 and 1979 prevented him from receiving salary increases and higher pension benefits. The court decided in favor of the employer and dismissed the lawsuit. The core reasoning was that under Tennessee law, the policy statement was a general internal management guideline rather than a binding contractual commitment, as it was not intended to create enforceable employee rights and there was no meeting of the minds to that effect.
labor & employment
Paul v. McGhee
District Court, E.D. Tennessee · 1983-12-06 · cited 5×
This case involved a § 1983 suit by a student and his parents against a public school teacher, school officials, and the county, claiming that corporal punishment inflicted on the student violated his constitutional rights. The court granted judgment on the pleadings to the defendants and dismissed the case. It reasoned that under the Supreme Court's decision in Ingraham v. Wright, corporal punishment implicates a Fourteenth Amendment liberty interest but Tennessee's preservation of common-law limits on excessive punishment and available civil remedies satisfies due process, so no constitutional violation occurred. The Eighth Amendment was held inapplicable, and the plaintiffs failed to show any sanctioned violation of rights by the other defendants.
civil rightsprocedure
Bedford County General Hospital v. Heckler
District Court, E.D. Tennessee · 1983-11-09 · cited 2×
This case involved hospitals in Tennessee challenging a federal regulation under the Medicare Act that classified patient telephone services as non-reimbursable "personal comfort items." The court first addressed jurisdiction, ruling that it could review the validity of the regulation itself rather than just individual payment denials, as the statute's bar on review did not extend to challenges against the Secretary's rulemaking authority. On the merits, the court upheld the regulation, finding it was not arbitrary or capricious because it aligned with the Medicare Act's intent to limit reimbursement to expenses necessary for treating illness or injury, as supported by legislative history excluding convenience items like telephones. The court granted summary judgment to the government defendants and denied the hospitals' motion.
healthcare
United States v. Anderson County, Tenn.
District Court, E.D. Tennessee · 1983-11-09 · cited 8×
The United States sued Anderson County, Tennessee, seeking a declaration that a state real property tax on Union Carbide, the government contractor operating the federally owned Y-12 nuclear weapons plant, was invalid. The court granted summary judgment to the United States, ruling that the contract conveyed no real property interest to Union Carbide. Under federal law, the contract created only a revocable license because title to the property remained with the government, the Department of Energy retained extensive inspection and termination rights, and Union Carbide performed solely government work with no independent estate in the land; Tennessee's tax statutes, which reach any interest in real property, therefore did not apply.
taxesfederal powerbusiness & regulatory
Clevenger v. Oak Ridge School Board
District Court, E.D. Tennessee · 1983-10-11 · cited 5×
The case involved a dispute over whether the Oak Ridge School Board's recommendation to place 18-year-old emotionally disturbed student Harold Richard Clevenger in the Lakeshore Mental Health Institute satisfied the requirements of the Education For All Handicapped Children Act for providing a free appropriate public education. The parent objected to the placement, preferring out-of-state schools, and challenged it through due process proceedings. After de novo review, the court found that the individualized education program complied with the Act's procedural requirements and was reasonably calculated to provide educational benefits, as Lakeshore offered academic, psychiatric, and social components suitable for the child. Therefore, the court upheld the placement and dismissed the complaint.
civil rightsprocedure
Tinch v. Walters
District Court, E.D. Tennessee · 1983-10-06 · cited 12×
This case involved a veteran challenging the Veterans Administration's denial of an extension to his delimiting date for educational benefits, based on a regulation classifying primary alcoholism as willful misconduct. The plaintiff argued that 38 C.F.R. § 3.301(c)(2) violated due process and equal protection under the Fifth Amendment, as well as the Rehabilitation Act of 1973 and the Alcoholism Act, by distinguishing between primary alcoholism and secondary effects of alcohol abuse. The court found the regulation rationally related to legitimate government interests, rejecting the constitutional claims, but held that the policy violated the Rehabilitation Act by discriminating against rehabilitated alcoholics solely on the basis of their handicap. It therefore denied the defendant's motion for summary judgment, granted the plaintiff's on the Rehabilitation Act issue, and remanded the case to the VA for further proceedings.
civil rightsfederal power
United States v. Gary Bridges Logging and Coal Co.
District Court, E.D. Tennessee · 1983-08-26 · cited 8×
The case involved the United States seeking to collect abandoned mine reclamation fees assessed under federal law against Gary Bridges Logging and Coal Co. for coal produced between October 1977 and December 1982. The defendant acknowledged the debt in 1983 and signed an installment agreement but missed the first payment, prompting the government to file suit shortly afterward. The sole issue was whether the action was barred by any statute of limitations or the doctrine of laches. The court held that the fees are in the nature of taxes or contractual obligations subject to a six-year limitations period under 28 U.S.C. § 2415, that the defendant's acknowledgment restarted the clock, and that the suit was timely filed; it further ruled that laches does not apply against the government in this context. Summary judgment was granted to the United States in the amount of $192,836.01.
environmentbusiness & regulatorytaxesfederal power
Tennessee Valley Authority v. Exxon Nuclear Co.
District Court, E.D. Tennessee · 1983-08-22 · cited 3×
The case involved a contract dispute under the Contract Disputes Act where TVA appealed a decision by its Board of Contract Appeals. The contract, signed in 1970 between TVA and Jersey Nuclear (later ENC), set uranium fuel prices with provisions for adjustments based on the supplier's costs, but Exxon sought increases for costs incurred by its parent Exxon Corporation and minerals division rather than by ENC itself. The court granted TVA's motion for summary judgment, reversed the Board, and dismissed the claim. It held that the contract language unambiguously limited price adjustments to costs incurred by the contracting party ENC, that no essential term was omitted, and that the parties' choice of separate corporate structures must be respected rather than disregarded to allow third-party cost pass-throughs.
business & regulatoryprocedure
Eison v. City of Knoxville
District Court, E.D. Tennessee · 1983-07-28 · cited 1×
This Title VII case involved a female police cadet who alleged that the Knoxville Police Academy's physical fitness tests (including sit-ups, push-ups, pull-ups, and a run) had a disparate impact on women and led to her termination after she scored below the 65% passing threshold. The court held that the plaintiff failed to establish a prima facie case of disparate impact because, when all cadets who had taken the tests across multiple academies were considered, the women's selection rate did not fall below four-fifths of the men's rate under EEOC guidelines. Even assuming a prima facie case, the court found the tests job-related, as they measured physical attributes necessary for police work and were validated against incumbent officers' performance, and the plaintiff did not identify an alternative practice that would serve the city's needs equally well. The court also noted the plaintiff's elbow injury as a likely factor in her failure and entered judgment for the defendants.
civil rightslabor & employment
Whitfield v. City of Knoxville
District Court, E.D. Tennessee · 1983-07-15 · cited 1×
This case involved a challenge by former Knoxville police and fire department employees to their involuntary retirement under a city charter provision requiring retirement at age 50 after 25 years of service. The plaintiffs alleged that the city's actions violated the federal Age Discrimination in Employment Act (ADEA). The court ruled that the charter provision was unlawful under the ADEA because age 50 was not a bona fide occupational qualification for the positions and that economic concerns did not justify the age-based terminations. It ordered the plaintiffs reinstated with damages for lost wages and benefits. The decision rested on the Supreme Court's ruling that the ADEA validly applies to state and local governments and on findings that the plaintiffs had been performing their jobs satisfactorily.
labor & employmentcivil rights
Peoples Bank of Polk County v. McDonald (In Re Maryville Savings & Loan Corp.)
District Court, E.D. Tennessee · 1983-06-24 · cited 5×
This case concerned whether a bank had perfected its security interest in promissory notes and deeds of trust assigned to it by a debtor as collateral for loans, when the bank recorded the assignments but did not take physical possession of the notes. The bankruptcy court held that Article 9 of the Tennessee Commercial Code applied to the transactions and that the bank therefore had not perfected its interest, giving the bankruptcy trustee a superior claim. On appeal, the district court reversed, ruling that the assignments fell outside the Commercial Code under the exclusion in Tenn. Code Ann. § 47-9-104(j) for transfers of interests in real estate. The court reasoned that Tennessee is a title-theory state where such assignments transfer interests in real property, that Tennessee courts interpret the exclusion broadly, and that the bank's recording provided adequate notice. The case was remanded for entry of judgment in the bank's favor.
propertybusiness & regulatory
Athens Community Hospital v. Heckler
District Court, E.D. Tennessee · 1983-05-31 · cited 20×
The case involved Tennessee hospitals challenging a 1979 Medicare regulation (42 C.F.R. § 405.452(b)(1)(ii)) that changed how malpractice insurance premium costs were apportioned for reimbursement under the Social Security Act. Previously, costs were reimbursed based on Medicare patients' share of hospital use; the new rule based apportionment on each hospital's malpractice claims history or, for those without claims, a national ratio of Medicare to total awards. The court granted the Secretary's motion for summary judgment and denied the hospitals' cross-motion. It reasoned that the Medicare Act grants the Secretary broad authority to issue regulations using estimates, limits, or prophylactic methods to determine reasonable costs, and the rule was neither arbitrary nor capricious under the Administrative Procedure Act.
healthcarebusiness & regulatory
Taylor v. City of Knoxville
District Court, E.D. Tennessee · 1983-05-25 · cited 3×
In this case, plaintiff William Taylor, a member of the Holy Spirit Association for the Unification of World Christianity, sued the City of Knoxville under 42 U.S.C. § 1983 to challenge Ordinance No. 6232 (later amended as No. 0-133-82), which established a Solicitation Board to issue permits for solicitations and imposed various application, disclosure, and fee requirements while exempting certain established religious groups. The court considered the plaintiff's motion for a preliminary injunction after a hearing and reviewed the ordinance's provisions allowing the Board to grant or deny permits and exemptions. The court permanently enjoined enforcement of the ordinance as applied to religious solicitations, holding it unconstitutional on its face because it imposed prior restraints without required procedural safeguards such as pre-denial hearings, granted excessive discretion to the Board without narrow standards, and created exemptions that favored some religious denominations over others. The decision relied on precedents including Freedman v. Maryland, Cantwell v. Connecticut, and Shuttlesworth v. Birmingham, finding these defects persisted in the amended version.
free speechreligious libertycivil rights