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Legal Cases: Burbage v. Ephron and Mar-Lou Manufacturing Nuisance Lawsuit, Exams of Law

Information on two legal cases. The first case involves burbage, who was deceived into selling his valuable stamp collection to ephron under false pretenses. The second case is a nuisance lawsuit filed by joan verkuil against mar-lou manufacturing company due to health issues caused by the factory's new synthetic fiber production. Both cases require legal analysis and strategy.

Typology: Exams

2012/2013

Uploaded on 02/19/2013

sangameswar
sangameswar 🇮🇳

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Download Legal Cases: Burbage v. Ephron and Mar-Lou Manufacturing Nuisance Lawsuit and more Exams Law in PDF only on Docsity! SECTION ______ CREIGHTON UNIVERSITY SCHOOL OF LAW REMEDIES B SPRING SEMESTER EXAMINATION Professor Anderson Thursday, April 28, 1994 PART II PAGE 1 of 4 INSTRUCTIONS: THIS PART CONSISTS OF THREE QUESTIONS OF APPROXIMATELY EQUAL WEIGHT. NO BOOKS, NOTES, OR OTHER MATERIAL MAY BE TAKEN INTO THE EXAMINATION ROOM. PLACE YOUR EXAM NUMBER, SECTION, PROFESSOR'S NAME AND COURSE TITLE ON EACH BLUE BOOK. IF YOU WRITE MORE THAN ONE BOOK, NUMBER THE BOOKS, e.g., 1 of 2, 2 of 2. PLEASE WRITE ON EVERY OTHER LINE IN YOUR BLUE BOOK. Question 1: Burbage owned a valuable collection of rare stamps, worth at least $50,000. Ephron convinced Burbage that he, Ephron, was promoting a grand philatelic exhibition in Washington, in which some very famous collections would be exhibited to the public under armed guard. Burbage's town pride was appealed to and he ultimately agreed to let Ephron have the collection for exhibition. Ephron picked up the Burbage collection with armed guards at his side. This convinced Burbage that Ephron was reliable. As he was leaving the house, Ephron asked Burbage to sign the standard form agreement reflecting permission to exhibit the collection. Ephron explained that he needed this protection in case anyone questioned his right to be have possession of the stamps. The form was printed and, as Burbage now remembers it, it had a symbol at the top, which he thought was the symbol or logotype of the Philatelic Exhibition. He signed the document without reading it in detail. The document was in fact a bill of sale which described the Burbage collection in detail. After leaving Burbage, Ephron wrote under the signature, in handwriting similar to Burbage's, "telephone." He wrote a phone number, which was the number, not of Burbage, but of Ephron's confederate and cousin, Buffet. Ephron then took the stamp collection to a dealer in New York City, who knew of the Burbage collection by name. Ephron showed him the bill of sale, gave him references, and suggested he call Burbage if he had any doubts. The dealer, Carolyn Branson, called the number on the bill of sale. Buffet was waiting. He impersonated Burbage, and assured Branson that Ephron was indeed authorized to sell the collection and that the bill of sale was indeed genuine. Thus assured, Branson conducted a serious appraisal, and after a week, offered Ephron $40,000. After some dickering, Ephron accepted a bid of $45,000, took a cashier's check, left the stamps with Branson, and took up quarters in the Mayflower Hotel in Washington, D.C. under the name of Don Malouf. He endorsed the cashier's check in his own name and with it opened an account in the name of Don Malouf at the Urban National Bank in Washington. REMEDIES B SPRING SEMESTER EXAMINATION Professor Anderson Thursday, April 28, 1994 PART II Page 2 of 4 Question 1: (Continued) During the first two weeks, he withdrew $5,000 in cash from this account. He then wrote a check in the sum of $20,000 to a stock broker named Martin. Investigations conducted later showed that this was payment for a purchase of stock in the Chesterton Corporation. During the ensuing weeks, more cash withdrawals totalling $10,000 took place. The Chesterton stock dropped, and eventually Ephron sold it for $10,000, which he redeposited in the Don Malouf account. This left him with $20,000 in the account. He withdrew all of this sum and purchased stock in the Janus Corporation with it. This stock rose in value to the sum of $50,000. This is its present price and "Don Malouf," alias Ephron, holds it. Our firm represents Burbage who has just discovered all this. We need an immediate answer to this question: Can we get hold of the stock, have it held, or prevent its sale in order to reach the assets? Ephron is in town today and we can serve him today or tomorrow. Please give immediate attention to this problem. Second, we need a longer view. What are our ultimate remedies? Can we reach Branson, assuming she still has the stamps? If she sold them, can we reach the proceeds and profits of sale? Question 2: We represent Mar-Lou Manufacturing Company. Mrs. Joan Verkuil has filed a suit against Mar- Lou asking for an injunction against an alleged nuisance and for a preliminary injunction. The hearing on that is tomorrow. The complaint also alleges severe personal injuries with permanent injury and future expenses. The basic facts are: 1. Mar-Lou has had a factory here in Charlesville for about 40 years in the same location. The area is a mixed one, with some stores and some homes in the $150,000 range. There has never been any complaint from either the storeowners or the homeowners. 2. About a month ago, Mar-Lou geared up to manufacture a new synthetic fiber on which they'd spent about 20 years in research and development. They are going to call it "Twied." It is a synthetic wool-cotton that breathers like natural fibers when woven into cloth but that holds a press like many synthetics. Unlike most synthetics, it is virtually independent of petro-chemistry. It will not consume petroleum products nor present problems of waste disposal. 3. Immediately after production started, Mar-Lou began getting complaints from storeowners and homeowners in the neighborhood. Almost everyone around complained of foul odors. A smaller number complained they had skin rashes and breathing problems. Mar-Lou's plant manager paid very little attention to these complaints, thinking people would adjust to the new smells.
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