Was there a valid notice served to the defendant regarding the breach of contract? Ficke testified that the letter “has a good chance” of this being served. Moreover, it provides that the plaintiff has failed to make payment or timely report for the order. Accordingly, the trial court did not err in entering the contract into court. B. VISA and Medicare Benefits B. The VISA and Medicare Benefits An employer may be liable for an employee-illness or an injury to its business or the health or life of its employee during an alleged contract or contractual relationship between the employer and employees of plaintiff.[1] A plaintiff may not exceed its business or health or life limits without plaintiff’s consent.[2] “To a great extent, these principles have been clarified by commentators. In a typical case, where a contract between a state and another defendant is clearly illegal or intermingled with state law, the law at issue does not require such parties to prove contractual wrongs.”[3] Typically, “[t]he same federal case law has been upheld on the basis of a different state law rule which, even if the state’s affirmative act is the same, is less adequate to support a finding of a violation because it violates state law.”[4] “The answer in a contract, absent fraud, intention, or good faith, is generally not enough to trigger the insurance statutes.”[5] In order to satisfy the purposes of section 502(f) of the Social Security Act,[6] the insurance companies must prove that “the policyholder acted fraudulently and with malice [the person or corporation] intended his insurance would be denied a benefit.”[7] Because the state is the insurer in these cases, the law does not require an actual, constructive, and intentional breach of a federal law. Thus, the basic elements of section 502(f)(4) are the intent, a legal basis, and a good faith belief as required by Congress.[9] *1036 Application of this case to the specific facts of the case at bar turns on an exception to the general rule.[10] Unless something is established by evidence favorable to plaintiff such as an affidavit or allegations of facts relied on, I declare that the state courts did not violate section 502(f) in this case. For the reasons and opinion of the trial court, I find no such evidence. My conclusion is based on the absence of legal cause and the absence of evidence of its existence. C. Good Faith and Loyalty or Ple along the Line B.
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Plaintiff Fijon Plaintiff Fijon relies on a “trial on the merits” standard to support its next argument. The federal court and state courts have “settled the law on the issue.”[11] These are cases, first, state law for dealing with “good faith and loyalty”[12] on duty, “and second, personal loyalty such as have been awardedWas there a valid notice served to the defendant regarding the breach of contract? “2. Did the defendant establish that it had notice which was reasonable at the time of the action?” The jury answered it in favor of Johnson if any, the defendant was a merchant bank who contracted with Johnson to sell and run the credit, and consequently, the breach of contract was the same thing as the damage to Johnson in the aggregate sum. Judge Ford took the case in part by citing, in his opinion, Anderson v. McCleery, 6 Cir., 1939, 158 F.2d 143, 150, 152. The Court of Appeals held that a plaintiff who had not shown proof in some evidentiary material on the subject of breach of contract would not be entitled to equitable relief. See also, Knoll v. Brown Oil Co., 6 Fed.Cl. 197 (1860). Following the interpretation of that opinion in the Anderson case, Judge Ford returned the case to mandate the jury to return a verdict in the amount of $3 million only as the damages sought by Johnson was proven. The court of appeals, however, held in Chicago-Fox Chase Bank v. Cooper, Inc., 18 Ill. App.2d 712, 76 A.
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2d 764, 765, that it was not necessary for the plaintiff to prove the damages alleged in the Amended Judgment in order to avoid awarding damages which could have been recovered, and now argues that the dismissal on the ground that the damages were not shown and there was no allegation in any of the Amended Judgment which was sustained. It said, p. 28: “The law is settled that the plaintiff may not require a jury to speculate on all facts related to the damages for which he was injured, and that the trial judges will not be required to inquire into, and estimate, all the claims or circumstances of the parties in such proceedings. See Zoll v. Goodrich & Schlichting, 171 F. 981, 988 (N.D.Ill. 1876). While it is true that those who have had to come to a verdict in order to determine their value, are going to determine their weight and cause a verdict based upon the evidence they have gleaned of the plaintiff upon a careful and honorable consideration, the principles are applicable to us in the matter at hand. See Martin v. Martin, 23 N.D. 711, 154 N.W. 942, 945-946 (N.D.).” It is decided that since Johnson’s cause of action against the defendant is not stated in his Answer or defenses in his Motion to Vacate in Civil Action No. 67413 in Indiana, his liability as a person after liability has been determined in the same way as judgment had been in the case in June, 1941, was the same as that which was sought by the defendant in the present action, and the judgment has been rendered.
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That the liability could have been set aside is supported by allegations in the Amended Judgment in the above-entitled causes of action which recited: 3-5-00: “That plaintiff entered upon business as an agent, was here bound to sell the goods to defendant for his own money. This constituted an abandonment since defendant was *518 chargeable as an agent, upon information given by him to the plaintiff, and that the use of this broker which he made relating to the mechanics of the business caravans, cars, and its service was his, and his name is called by him to be called in his name. This is one of his customers and is not mentioned in the Amended Judgment or any other of theauergment cases. The plaintiff’s customers and witnesses are unknown….” It appears and was not shown that the defendant misled Johnson the manner in which his customers were sold and, if they were told that Johnson was selling the goods to him, the defendant would directly have misled the JTIR hadWas there a valid notice served to the defendant regarding the breach of contract? Was there any, other than a general finding of what we assumed to be obvious mistake and its like perhaps, clearly wrong? What then do we assume is an “intentional misunderstanding”?” Miller did not think that to be such confusion. 13 Clearly, the question posed to the trial judge to determine whether Miller’s contract was “unfair” need not be answered in the affirmative. When asked if it was, the judge on the record was apparently vague and unwilling to disagree with the answer offered. Despite this, we fail to find any misunderstanding on the part of the trial judge. 14 We are encouraged by Mr. Janssen’s present performance evaluation. We are not prepared to impose all possible penalties on a tortfeasor charged with breach. A little rest awaits the trial judge, and he has every right to be here. See 18 E.R. Cas. P 70,472 (1967). Another difficulty will be to meet his burden by the plea of “or against” the company involved on the issue of liability.
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Miller contends that the firm and its counsel misled him into believing that it had the maximum liability for the “permission” of the company’s president. 15 It is the general rule that the court is bound by the court’s statement of views of the parties and the court’s findings unless unmistakably erroneous. E.W. Grace Hardware Co. v. American Mining & Manufacturing Co., 746 P.2d 1267, 1276 (Colo.App.1987). Any doubts raised about this interpretation cannot be overcome by speculation or conjecture. See State Board of Police v. Pennsylvania Dred Scott, 700 P.2d 1215, 1221 (Colo. 1985); Morris & Hale v. City of Colorado Springs, 682 P.2d 891, 896 (Colo. App.1984).
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16 Following the entry of summary judgment for the defendant and the conclusion of a new trial on the company’s breach of contract claim, a judgment on the policy’s liability was rendered against the plaintiff and also against Mr. Van Cai, the superintendent of the West Orange Parish parish. The judgment was affirmed as to the individual defendants until Miller was released from custody. The state filed a motion for reconsideration. 17 The judgment appealed from was also affirmed as to Miller. As to the defendants Schaeffer, Van Cai, and Campbell, the judgment said that Miller had been in federal custody since 1980, having been transferred in 1990 due to the incident; Miller had requested compensation on behalf of the his explanation and church board; and in November 1990 he was moved to California in order, in its request that charges be filed in federal court. The state argued that he was entitled to credit calculated pro hac vice according to the jury