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Axel John Beck

United States District Court for the District of South Dakota district Retired 1981 · served 1958–1981 Appointed by Dwight D. Eisenhower (Republican) 38 signed orders read

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

How Judge Beck decides

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

What persuades

Beck placed the burden on the government to justify any waiver of Fourth Amendment protection.

“the burden of showing a waiver of the constitutional rights under the Amendment is on those by whom the exemption is sought.”

Materially false medical-history answers persuaded him that the insurer could rescind a reinstated policy.

“the necessity of a truthful statement by an applicant and to emphasize the materiality of the misrepresentation.”

Procedural preferences

Once a labor dispute was subject to arbitration, Beck assigned related procedural questions to the arbitrator.

“procedural’ questions which grow out of the dispute and bear on its final disposition should be left to the arbitrator.”

He preserved amendment opportunities when pleading defects might be curable.

“with lease to the plaintiff within thirty days from the date of its entry to amend.”

Cautions

Claims by controlling corporate insiders received close scrutiny and a burden to prove both good faith and inherent fairness.

“Their dealings with the corporation are subjected to rigorous scrutiny and where any of their contracts or engagements with the corporation is challenged the burden is on the director or stockholder not only to prove the good faith of the transaction but also to show itá'inherent'fairness from the viewpoint of the corporation and those interested therein.”

A court could not resolve a fact-dependent negligence question through summary judgment when competing inferences remained.

“not conclusive however as a matter of law, but a fact issue to be resolved in the course of a trial, it is for the court to have the motion denied.”

Signed rulings

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

Braun v. Hassenstein Steel Co.
23 F.R.D. 163 · 1959-02-05
Motion to review costs (plaintiff) Granted in part

“Accordingly, the costs to be allowed to the defendant are hereby reduced to and fixed at $377.57, and the Clerk’s taxation of costs is to that extent hereby modified.”

Ark-La Feed & Fertilizer Co. v. Marco Chemical Co.
292 F.2d 197 · 1961-06-26
Appeal (appellant plaintiff) Denied

“Affirmed.”

Yoder v. Nutrena Mills, Inc.
294 F.2d 505 · 1961-09-20
Appeal (appellant growers) Denied

“Affirmed.”

Gulf, Mobile & Ohio Railroad Co. v. Thornton
294 F.2d 104 · 1961-09-22
Appeal (appellant railroad) Denied

“Affirmed.”

County of Todd v. Loegering
297 F.2d 470 · 1961-12-20
Appeal (appellants) Denied

“Affirmed.”

Moses v. United States
297 F.2d 621 · 1961-12-28
Appeal (appellant defendant) Denied

“The motion for acquittal was properly denied. Affirmed.”

Schuetzle v. Duba
201 F. Supp. 754 · 1962-01-24

Changed party representation eliminated the need for the preliminary injunction. The court stated: “That change and by the circumstances thereby created permits a dissolution of the preliminary injunction as of this time. It is on the court’s own motion so ordered and the bond is canceled.”

Eastmount Construction Co. v. Transport Manufacturing & Equipment Co.
301 F.2d 34 · 1962-04-07
Appeal (appellants) Denied

“Affirmed.”

Brewers & Maltsters Local Union No. 6 v. National Labor Relations Board
301 F.2d 216 · 1962-04-10
Petition for review (petitioners) Granted in part

“With such modification, the Board’s order will be enforced.”

Allstate Insurance Co. v. Philip Leasing Co.
214 F. Supp. 273 · 1963-03-01
Motions to dismiss (defendants) Granted

“The asserted claim for relief will be denied and the motion to dismiss will be granted”

Holy Eagle v. Towle
32 F.R.D. 591 · 1963-05-16
Injunction request (plaintiffs) Denied

“This action, in accordance with this decision which constitutes the court’s findings of fact and conclusions of law, will be dismissed on its merits”

United States ex rel. R. J. Studer & Sons v. Aetna Casualty & Surety Co.
244 F. Supp. 162 · 1965-08-13
Civil claim (plaintiff joint venture) Granted

“is entitled to a Judgment to be entered by the clerk against the Aetna Casualty and Surety Company”

Caseload & timing

From public federal docket records for this judge.

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

A historical record

Judge Beck 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.