Mac Swinford

United States District Courts for the Eastern and Western Districts of Kentucky district Deceased · served 1937–1975 Appointed by Franklin D. Roosevelt (Democratic) 24 signed orders read

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

How Judge Swinford decides

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

What persuades

Swinford granted summary judgment when the opposing parties' own admissions eliminated the factual dispute despite their general opposition.

“In my judgment the instant case does not fall within this rule and is one where a motion for summary judgment should be sustained.”

Swinford looked to the full mechanism of the loss, not merely the altered check, when construing insurance coverage for false pretenses.

“The success of the venture depended upon the efficacy of the oral inducements.”

Procedural preferences

Swinford treated federal subject-matter jurisdiction as a threshold constraint that declaratory pleading could not manufacture.

“This is a court of limited jurisdiction and those limitations must be strictly observed.”

Swinford strictly enforced exhaustion where state appellate and postconviction proceedings had not been allowed to address the prisoner's claims.

“the Kenton Circuit Court and the Kentucky Court of Appeals have not been afforded an opportunity to consider the claims forwarded in the case at bar.”

Signed rulings

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

Calvert v. United States
· 1971-02-26
Motion to vacate sentence (federal prisoner) Denied

“It is the judgment of the court that petitioner’s motion to vacate must be denied.”

First Federal Savings & Loan Ass'n v. McReynolds
· 1969-04-17
Motion to dismiss for lack of jurisdiction (former employee) Granted

“Defendant’s motion to dismiss for lack of jurisdiction over the subject matter should be sustained.”

Patrum v. Martin
· 1968-11-08
Motions to dismiss (municipal defendants) Granted

“The motion to dismiss is sustained as to the defendants, George Huddleston and the City of Greensburg.”

Motions to dismiss (individual officer) Denied

“The motion to dismiss is overruled as to the defendant, William Martin.”

Gore v. Debaryshe
· 1968-01-05
Motion to dismiss for failure to state claim (driver) Denied

“the plaintiffs’ allegations of negligence are sufficient to state a claim for relief.”

Hyde v. Carder
· 1970-04-03
Motions to remand (plaintiff) Granted

“An order sustaining the motion of the plaintiff to remand to the Edmonson Circuit Court is this day entered.”

Baker v. Moors
· 1971-02-10
Motion for leave to file third party complaint (driver) Granted

“It is the judgment of this court that ELA may be joined in this action pursuant to Rule 14 of the Federal Rules of Civil Procedure.”

Stevenson v. Sanders
· 1970-04-09
Motion to dismiss for lack of jurisdiction (county and individual defendants) Granted in part

“It is hereby ordered that the motion to dismiss for want of jurisdiction is sustained as to the defendant, Logan County, and overruled as to all others.”

Coca-Cola Company v. Pace
· 1968-04-16
Summary judgment (trademark owner) Granted

“An order sustaining the motion for summary judgment on the issue of the validity of the trade-mark, the infringement on the trade-mark and the unfair trade practices, is this day entered.”

Brewer v. Sheco Construction Company
· 1971-06-21
Motion to dismiss for failure to state claim (Tennessee Valley Authority) Denied

“the motion to dismiss the complaint for failure to state a claim upon which relief may be granted must be overruled.”

White v. Coleman
· 1971-11-05
Habeas petition (state prisoner) Denied

“The petition must be dismissed.”

American National Bank & Trust Co. v. Hartford Accident & Indemnity Co.
· 1970-06-11
Insurance coverage claim (bank) Granted

“It is this court’s opinion the loss is compensable under the terms of the policy.”

Firestone Textiles Co. v. Getreu
· 1971-04-14
Motion to dismiss for lack of jurisdiction (labor-board officials) Granted

“Without deciding the merits of the plaintiff’s contentions it is the judgment of this court that it lacks jurisdiction over the subject matter of the complaint, and that the complaint must, therefore, be dismissed.”

Caseload & timing

From public federal docket records for this judge.

The reviewed decisions span both Kentucky districts and a range of civil, criminal-collateral, and administrative matters. This publication-selected sample cannot support a career-wide caseload estimate.

A historical record

Judge Swinford 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.