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Vol. 3 No. 158 Decisions Released August 21, 1995 FEDERAL COURT CASES ADMINISTRATIVE LAW AND PROCEDURE — FIREARMS LICENSES 01-7-6418 John Cimisi v. Lloyd Bentsen, etc., U.S. Dist. Ct. (11 pp.) In plaintiff’s case against Treasury Department, alleging wrongful denial by the Bureau of Alcohol, Tobacco and Firearms of his application for a federal firearms license as a collector of curios and relics, summary judgment is granted to the department, since plaintiff refused to allow the ATF to inspect the premises from which he allegedly conducted his collection activities, and the ATF could not, therefore, complete its background inspection. BANKRUPTCY — ESCROW ACCOUNTS 42-6-6419 In re: Arrow Mill Dev. Corp.; Arrow Mill Dev. Corp. v. ShopRite of Clinton, U.S. Bankruptcy Ct. (16 pp.) Where developer of shopping center (later the debtor) and the center’s anchor tenant were in an arbitration concerning disputed amounts of rent due, and agreed that tenant would place the disputed monies into an account maintained by the developer’s attorney pending the arbitration result, the evidence clearly shows that the parties both intended the account to be an escrow account, and, when the arbitration was resolved in the tenant’s favor, the monies then belonged to the tenant, with any contingent interest in the account held by debtor/developer being extinguished, and the monies are therefore not property of the debtor’s estate. LABOR AND EMPLOYMENT — H.I.V. DISCRIMINATION 25-7-6420 D.B. v. Howard Bloom, D.D.S., et al., U.S. Dist. Ct. (17 pp.) Where dentist commenced dental work on plaintiff and then refused to treat plaintiff when he found out that plaintiff was HIV-positive, openly discussed plaintiff’s medical condition, and referred plaintiff to an inappropriate clinic for further treatment, plaintiff has set forth a prima facie case for discrimination under the Americans with Disabilities Act and the N.J. Law Against Discrimination, and default judgment is entered against defendants. [Approved for publication.] LABOR AND EMPLOYMENT — RACE AND AGE DISCRIMINATION 25-7-6421 Gloria Robinson v. United Nat’l Bank, et al., U.S. Dist. Ct. (17 pp.) Action alleging that bank discriminated against 54-year old African-American assistant branch manager/acting manager, by failing to promote her to branch manager, is dismissed, since, although plaintiff has alleged a genuine issue of material fact as to whether she was qualified for the position, she has not met her burden of showing that the bank’s articulated reasons for hiring another person are pretextual or were motivated by anything other than a desire to hire the most qualified person for the job. LABOR AND EMPLOYMENT — RETALIATORY DISCHARGE 25-7-6422 Richard B. Scudder v. Media Gen. Inc., et al., U.S. Dist. Ct. (21 pp.) The evidence is insufficient as a matter of law to prove that 81-year-old plaintiff, founder of paper company, was promised a lifetime employment contract when the company was purchased by another firm; therefore, (1) his claim seeking enforcement of such contract is dismissed; (2) since there is no contract, there is nothing into which the court may imply a term of good faith and fair dealing, so a claim for breach of these also fails; and (3) since the defendant has produced convincing and essentially unrebutted evidence that plaintiff was not forced to retire in retaliation for his disagreement with company officials over the governance of some of their newspapers, summary judgment is granted on the retaliatory discharge claim as well.

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