George Theodore Mickelson

United States District Court for the District of South Dakota district Retired 1965 · served 1954–1965 Appointed by Dwight D. Eisenhower (Republican) 37 signed orders read

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

How Judge Mickelson decides

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

What persuades

Mickelson applied statutory banking exceptions despite policy arguments about their effects on local competition.

“The Court cannot substitute its social and economic views for those expressed by Congress, however, and cannot change the law to fit the needs of the occasion.”

He treated the absence of any agreement or incentive plan as decisive when classifying discretionary bonuses.

“there was never any contract, agreement, plan or arrangement for the payment of a bonus”

Procedural preferences

He would not compel parties to obtain information they did not possess when ordinary discovery offered direct access to the witnesses and records.

“the Court will not require them under the circumstances to seek information which they do not possess”

For an uncounseled disability claimant, Mickelson remanded when the administrative record had not adequately developed employability and medical evidence.

“These administrative hearings are not adversary proceedings.”

Cautions

He framed the tribal-tax dispute as a question of sovereign authority rather than general fairness or burden.

“The real and only question is whether the Ogallala Sioux Tribe, as a matter of jurisdiction, has the power to levy this tax in accordance with its constitution.”

On appeal, he treated harmless-error principles as a limit on disturbing judgments for technical evidentiary mistakes.

“No error in either the admission or the exclusion of evidence * * is ground * * * for setting aside a verdict * * * or otherwise disturbing a judgment * * unless refusal to take such action appears to the court inconsistent with substantial justice.”

Signed rulings

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

Nesbitt v. Hauck
15 F.R.D. 254 · 1954-01-19
Motion to compel discovery (plaintiff) Denied

“Plaintiff’s motion for an order requiring the defendants, Hartung, to more fully and fairly answer certain interrogatories will be denied”

Mitchell v. Black Hills Mercantile Co.
123 F. Supp. 833 · 1954-09-13
Injunction request (plaintiff Secretary of Labor) Denied

“The injunction prayed for by plaintiff will be denied and the action will be dismissed upon its merits.”

Midwest Coast Transport, Inc. v. United States
125 F. Supp. 557 · 1954-11-10
Motions to dismiss (defendant United States) Granted

“For all of the reasons above mentioned defendant’s motion to dismiss plaintiff’s complaint will be granted.”

Interstate Commerce Commission v. Cowan
127 F. Supp. 247 · 1955-01-05
Injunction request (plaintiff commission) Granted

“this Court can do nothing less than grant the relief prayed for by the plaintiff.”

Iron Crow v. Oglala Sioux Tribe of the Pine Ridge Reservation
129 F. Supp. 15 · 1955-02-24
Injunction request (plaintiffs) Denied

“plaintiffs’ application for an injunction herein is in all things denied and this action is dismissed upon its merits.”

Willers v. United States
133 F. Supp. 270 · 1955-08-09
Petition for review (plaintiff carrier) Denied

“plaintiff’s complaint herein should be dismissed.”

Kellar v. Kasper
138 F. Supp. 738 · 1956-02-28
Tax refund claim (plaintiff taxpayer) Granted

“Findings of Fact, Conclusions of Law and Judgment will be for the plaintiff”

Oglala Sioux Tribe of Pine Ridge Reservation v. Barta
146 F. Supp. 917 · 1956-11-08
Motions to dismiss (defendants) Denied

“It therefore follows that the defendants’ motions to dismiss will be, and are, hereby denied.”

Boos v. Railway Express Agency, Inc.
153 F. Supp. 14 · 1957-08-14
Summary judgment (plaintiff) Denied

“plaintiff’s motion for summary judgment in his favor should be denied.”

Summary judgment (defendant) Granted

“A summary judgment should be, and is, granted to the defendant.”

Universal Surety Co. v. Manhattan Fire & Marine Insurance Co.
157 F. Supp. 606 · 1958-01-15
Motions to remand (plaintiff) Granted

“we, therefore, grant the motion to remand”

Braun v. Hassenstein Steel Co.
21 F.R.D. 343 · 1958-02-03
Motion to join party (defendant) Granted

“It will be the order of the court that the United States Fidelity and Guaranty Company, a corporation, be joined as a party plaintiff”

Reardon ex rel. Reardon v. United States
158 F. Supp. 745 · 1958-02-17
Tax refund claim (plaintiffs) Granted

“the plaintiffs are entitled to recover the amounts prayed for in their complaint.”

Caseload & timing

From public federal docket records for this judge.

The publication-selected decisions do not establish the distribution of Mickelson’s full caseload.

A historical record

Judge Mickelson 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.