Delmas Carl Hill

How Judge Hill rules, drawn from 29 signed orders. Every observation links to the order it came from.

Judge Hill no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Court of Appeals for the Tenth Circuit
Position
circuit
Status
Deceased
Served
1961–1989
Appointed by
John F. Kennedy (Democratic)
Commissioned
1961-09-22
Education
Washburn University School of Law, LL.B., 1929
Signed orders read
29

How Judge Hill decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

The employment agency could require relevant and material evidence once a discrimination charge gave adequate notice of the practice under investigation.

“In its investigatory role, the EEOC is entitled to require the charged party to disclose relevant and material information concerning the charged discriminatory practice.”

A settlement induced by a false promise to pay transferred valuable property rights and supported nondischargeability independently of the underlying malpractice claim.

“The significant aspect of the agreement is not that it caused the prior claim to be reduced to judgment, but that it caused Zarate to give up property of a value equal to the present unpaid balance of the judgment.”

Procedural preferences

Insists on strict compliance with Rule 56(c)'s notice-and-hearing requirement before summary judgment may be entered, treating non-compliance as depriving the court of authority to enter the order.

“The failure of the trial court to comply with the hearing and notice requirements of the Rule is error, and deprives the court of authority to enter a summary judgment order.”

A party opposing a supported summary-judgment motion had to identify specific facts showing a genuine issue rather than rely on pleading allegations.

“the party opposing the motion may not rest upon the mere allegations of his pleading but must respond with specific facts showing a genuine issue for trial.”

Diversity jurisdiction used the plaintiff's good-faith claimed amount unless it appeared to a legal certainty that the claim was for less.

“Unless it appears to a legal certainty that a claim is for less, the amount claimed by a plaintiff in apparent good faith is the amount in controversy within the meaning of 28 U.S.C. § 1332.”

Cautions

Applies the fugitive-disentitlement doctrine to dismiss the appeal of a convicted defendant who absconds from the jurisdiction.

“We therefore tentatively dismiss the appeal.”

An alleged error in administering state annexation law did not become a federal due-process claim merely because federal property was indirectly involved.

“We have held that error in the administration of state law is not a matter of federal judicial cognizance under the Fourteenth Amendment due process clause.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

George F. Martin v. United States
· 1962-11-02
Appeal (defendant-appellant) Denied

“Affirmed.”

Imogene Goldsmith v. M. Jackman & Sons, Inc.
· 1964-02-04
Appeal (appellant) Granted

“Reversed.”

City of Greeley, Kansas v. United States
· 1964-08-18
Appeal (defendant-appellant) Denied

“Affirmed.”

John Edwin Byers v. Sherman H. Crouse, Warden
· 1964-12-11
Appeal (petitioner-appellant) Denied

“Affirmed.”

Chester Ellis Pendergraft v. Commercial Standard Fire & Marine Co.
· 1965-03-05
Appeal (defendant-appellant) Denied

“The judgment is affirmed.”

Harold Josephus Stanfield v. United States
· 1965-09-13
Appeal (defendant-appellant) Denied

“Affirmed.”

Bobby Dean Todd v. United States
· 1966-08-18
Appeal (movant-appellant) Denied

“The order appealed from is therefore affirmed.”

Gerald Leroy Read v. United States
· 1966-06-13
Appeal (defendant-appellant) Denied

“Affirmed.”

Craig A. Capson v. United States
· 1967-05-08
Appeal (defendant-appellant) Denied

“The judgment of conviction and sentence is affirmed.”

Robert John Johnson v. United States
· 1967-10-09
Appeal (defendant-appellant) Denied

“Affirmed.”

Continental Casualty Company v. Lana J. Rose
· 1969-01-14
Appeal (defendant-appellant) Denied

“Affirmed.”

George F. Collins, Jr. v. Commissioner of Internal Revenue
· 1969-06-18
Appeal (petitioner-appellant) Granted

“The decision of the Tax Court is reversed.”

A historical record

Judge Hill no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.