Mueller v. Allen (1981)
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Mueller v. Allen (1983)
Tuition for driver education when it is part of the school curriculum.” 514 F. Supp. 998, 1000 (1981).
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Mueller v. Allen (1982)
The district court granted the Commissioner's and intervening taxpayers' motions for summary judgment and held that the statute is "neutral on its face and in its application and does not have a primary effect of either advancing or inhibiting religion." Mueller v. Allen, 514 F.Supp. 998, 1003 (D.Minn.1981). 1 This appeal followed.
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Mueller v. Allen (1982)
The district court granted the Commissioner’s and intervening taxpayers’ motions for summary judgment and held that the statute is “neutral on its face and in its application and does not have a primary effect of either advancing or inhibiting religion.” Mueller v. Allen, 514 F.Supp. 998, 1003 (D.Minn. 1981). 1 This appeal followed.
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State Farm Mutual Automobile Insurance v. Bates (1982)
Cf., Mueller v. Allen, 514 F.Supp. 998, 1000 (D.Minn.1981) (Court is not irretrievably bound by its own precedents, but in the interest of uniformity, stability, and certainty may follow earlier cases).
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In Re Johnson (2003)
There is, in fact, opinion to the contrary from one of this district’s district judges: Mueller v. Allen, 514 F.Supp. 998, 1001 (D.Minn.1981), aff'd, 676 F.2d 1195 (8th Cir.1982), aff'd, 463 U.S. 388 , 103 S.Ct. 3062 , 77 L.Ed.2d 721 (1983).
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Thigpen v. Cheminova, Inc. (1997)
See TMF Tool Co., Inc. v. Muller, 913 F.2d 1185, 1191 (7th Cir.1990); see also Starhuck v. San Francisco, 556 F.2d 450 , 457 n. 13 (9th Cir. 1977); Forward v. Cotton Petroleum Corp., 540 F.Supp. 122 (D.Colo.1982); Mueller v. Allen, 514 F.Supp. 998, 1001 (D.Minn.1981), aff'd, 676 F.2d 1195 (8th Cir.1982), aff'd, 463 U.S. 388 , 103 S.Ct. 3062 , 77 L.Ed.2d 721 (1983).
Although I believe that it is usually wise to preserve intradistrict comity, this is not the case when a district judge is “clearly convinced ... that more good than harm would result from a departure from precedent.” Mueller v. Allen, 514 F.Supp. 998, 1001 (D.Minn.1981).
Id., at 198; Starbuck v. San Francisco, 556 F.2d 450 , 457 n. 13 (9th Cir.1977) (the doctrine of stare decisis does not compel one district judge to follow a decision of another in the same district); Mueller v. Allen, 514 F.Supp. 998, 1001 (D.Minn.1981), aff'd, 676 F.2d 1195 (8th Cir.1982), aff'd, 463 U.S. 388 , 103 S.Ct. 3062 , 77 L.Ed.2d 721 (1983) (district court not bound by rulings of three-judge district court in same district upholding constitutionality of statute); …
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In Re Shattuc Cable Corp. (1992)
Threadgill v. Armstrong World Industries, Inc., 928 F.2d 1366 , 1371 & n. 7 (3d Cir.1991) (citing multiple authorities for this premise); United States v. Articles of Drug Consisting of 203 Paper Bags, 818 F.2d 569, 572 (7th Cir.1987); Mueller v. Allen, 514 F.Supp. 998, 1001 (D.Minn.1981), aff'd 676 F.2d 1195 (8th Cir.1982), aff'd 463 U.S. 388 , 103 S.Ct. 3062 , 77 L.Ed.2d 721 (1983); Starbuck v. City and County of San Francisco, 556 F.2d 450 , 457 n. 13 (9th Cir.1977).
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First of America Bank v. Gaylor (In Re Gaylor) (1991)
But because no judge within a multi-judge district is bound by the decision of other district judges, Starbuck v. City and County of San Francisco, 556 F.2d 450 , 457 n. 13 (9th Cir.1977); Mueller v. Allen, 514 F.Supp. 998, 1001 (D.Minn.1981), aff'd, 676 F.2d 1195 (8th Cir.1982), aff'd, 463 U.S. 388 , 103 S.Ct. 3062 , 77 L.Ed.2d 721 (1983); White v. Baltic Conveyor Co., 209 F.Supp. 716 (D.N.J.1962), there will be a strong incentive to appeal an adverse decision of the bankru…
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Minnesota, Department of Jobs & Training v. United States Merit Systems Protection Board (1987)
See Starbuck v. City and County of San Francisco, 556 F.2d 450 , 457 n. 13 (9th Cir.1977); Mueller v. Allen, 514 F.Supp. 998, 1000 (D.Minn.1981) (a court’s decision is not binding upon courts of equal rank).
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Taylor v. Hartford Casualty Insurance (1982)
Although this Court is not bound by either of these decisions, see Mueller v. Allen, 514 F.Supp. 998, 1000-01 (D.Minn.1981); Starbuck v. City & County of San Francisco, 556 F.2d 450 , 457 n.13 (9th Cir. 1977), reference will be made to these decisions when appropriate in an effort to avoid rehashing issues which need no further elaboration. .
See Mueller v. Allen, 514 F. Supp. 998, 1000-01 (D.
noting that a court “is not irretrievably bound by its own precedents”
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Shave v. Allstate Insurance (1982)
See Mueller v. Allen, 514 F.Supp. 998, 1000-01 (D.Minn.1981); Starbuck v. City & County of San Francisco, 556 F.2d 450 , 457 n. 13 (9th Cir.1977). 3 After careful consideration, 1 find that I must respectfully part company with Judge Evans’ analysis in this matter since I view the Jones decision to be entirely relevant to cases dealing with preAct policies.