Eugene Rice
Judge Rice no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Rice decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He granted summary judgment where admissions and unchallenged affidavits left no genuine factual dispute.
“the pleadings, the admissions in the pleadings, and the affidavits on file disclose that there is and can be no genuine issue as to any material fact upon a trial of this cause, and that therefore the defendants are entitled to a summary judgment dismissing the plaintiff’s petition with prejudice, and that defendant, Handler, is entitled to a judgment on his cross-action quieting his title”
He denied trademark relief when the term primarily identified a product type and the evidence showed no likely passing off.
“Whether or not the term ‘NuGrape’ under the facts in this case has acquired a secondary meaning as that term is used in law is doubtful. This, for the reason that to the ordinary consumer the term denotes the type of product rather than the producer or owner. In any event the right of the plaintiff to an injunction is founded upon the law of unfair competition, and the evidence does not support a charge of unfair competition. The defendant is not palming off his product as that of the plaintiff, and there is no reasonable probability that he will do so. Plaintiff is not entitled to injunctive relief.”
Cautions
He would not enlarge a statutory deadline for suing the United States despite the rule favoring liberal construction for veterans.
“Where the government’s consent to be sued is definitely limited in point of time, courts are not justified in extending the time by implication. Weaver v. United States, 4 Cir., 72 F.2d 20. The plaintiff has failed to bring himself within the proviso of either amendment to the World War Veterans’ Act, and his cause of action is barred. The defendant’s motion to dismiss is sustained, and plaintiff’s cause of action is dismissed.”
He required a wage claimant to prove both the employment terms and uncompensated overtime by a preponderance of the evidence.
“The burden of proof was upon the plaintiff to establish by a preponderance of the evidence the terms of his employment and the amount of overtime, if any, that he worked, and that he had not been paid'for this overtime. The plaintiff failed to sustain the burden of proof and is not entitled to recover. The defendant will prepare a proper form of decree and submit to the Court for entering on the 6th day of December, 1943. Judgment should be for the defendants”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motion of the plaintiff to remand is overruled.”
“The defendant has filed herein a demurrer. Such a pleading was abolished by Rule 7(c) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. Such a, pleading being unauthorized in the procedure governing trials in this court, the same is stricken and the defendant is granted ten days from the date of the receipt of a copy of this memorandum and order for filing its response to plaintiff’s petition.”
“Under that state of facts the court does not believe that the defendant should be required to pay any amount as liquidated damages, having compensated the plaintiff in full for his overtime at the date of his discharge. It follows that the plaintiff’s attorney is not entitled to recover any attorney’s fee. The attorney for the defend*701ant will prepare a proper form of judgment in accordance with this memorandum, and this cause is set for entry of judgment at Muskogee on June 27, 1941.”
“When the two parts of plaintiffs’ motion to strike are considered together it amounts to an effort upon the part of the plaintiff to eliminate entirely • the counterclaim and cross action of the defendants, and amounts in fact to a motion to dismiss the defendants’ cross action. Considered from this standpoint the motion of the plaintiffs should be overruled. Under Rule 13 the defendants are entitled to set up this counterclaim. Plaintiffs’ motion is overruled in its entirety and plaintiffs are directed to respond to the counterclaim within the time permitted by the rules.”
“The court is of the opinion that a fee of $750 should be allowed. Attorneys for plaintiff will prepare a detailed finding of fact supported by the record, and conclusions of law in accordance with this memorandum, and likewise a proper form of judgment, and this cause is set for the entering of judgment in Muskogee on June 27, 1941.”
“For the foregoing reasons the motion to dismiss and the motion to quash the return of the alias summons is overruled.”
“The plaintiff failed to sustain the burden of proof and is not entitled to recover. The defendant will prepare a proper form of decree and submit to the Court for entering on the 6th day of December, 1943. Judgment should be for the defendants and against the plaintiff for the balance admitted to be due on the note.”
“Petitioner failed' to sustain the burden upon him to sustain the allegations in his petition that he had exhausted his remedies in the state courts. Without expressing any opinion upon the merits of his contentions, relief is denied, and the writ is discharged.”
“Judgment is for the defendant and the attorney for the defendant will prepare journal entry accordingly.”
“In any event the right of the plaintiff to an injunction is founded upon the law of unfair competition, and the evidence does not support a charge of unfair competition. The defendant is not palming off his product as that of the plaintiff, and there is no reasonable probability that he will do so. Plaintiff is not entitled to injunctive relief. The attorney for the defendant will prepare appropriate decree in conformity with the foregoing Findings of Fact and Conclusions of Law and present to the Court for signing and entering at Ardmore, Oklahoma, on September 16, 1946, at 9:30 a. m.”
“There being no authority for the County Judge to require such restriction, it follows that the language inserted is of no force and effect and the plaintiff is entitled to judgment as prayed for in his petition.”
“It is the opinion of the court that the pleadings, the admissions in the pleadings, and the affidavits on file disclose that there is and can be no genuine issue as to any material fact upon a trial of this cause, and that therefore the defendants are entitled to a summary judgment dismissing the plaintiff’s petition with prejudice, and that defendant, Handler, is entitled to a judgment on his cross-action quieting his title to the property that has been transferred to him. The attorney for the defendant will prepare in proper form a decree to be entered at Muskogee, Oklahoma, on February 3, 1941.”
“It is the conclusion of the court that, giving effect to the provisions of both paragraph 321(c) and paragraph 322(b) of the Act, the service of process in this case was proper, that it was the intention of Congress to authorize the sending of process out of the district through which a motor carrier operates and in which suit is brought to be served upon either the designated service agent of the motor carrier or any agent of such carrier within the state. The motion of the defendant is overruled and the defendant is granted fifteen days from receipt of a copy of this memorandum opinion and order in which to file his responsive pleading.”
A historical record
Judge Rice 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.