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 here.
About Judge Hill
Delmas Carl Hill was a judge of the United States Court of Appeals for the Tenth Circuit. Appointed by President John F. Kennedy, Judge Hill received a commission on September 22, 1961. Judge Hill previously served on the United States District Court for the District of Kansas, commissioned there on March 9, 1950. Judge Hill assumed senior status on April 1, 1977 and served until death on December 2, 1989.
How Judge Hill decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the Circle K appeal, he held that the EEOC could demand relevant information from the charged company because the 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
In Mustang Fuel v. Youngstown Sheet and Tube, he set aside summary judgment because the trial court had not provided the notice and hearing required by Rule 56(c).
“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
In United States v. Swigart, he tentatively dismissed the appeal after the convicted defendant fled 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.
“The judgment of conviction and sentence is affirmed.”
A historical record
Judge Hill no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.