Thomas Blake Kennedy
Judge Kennedy no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kennedy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He favored ordinary statutory meaning and declined to extend veterans' employment protections beyond the enacted text.
“the. intent of Congress is not to be enlarged in favor of the inducted beyond the scope of it-s common and ordinary interpretation as expressed in the words of the Act.”
He treated a joint oil-lease venture as creating fiduciary duties that attached to a successor lease.
“they became partners or co-adventurers in the development of it for their mutual benefit”
He construed government-protected note claims as outside state limitation and laches defenses.
“The Court upon this issue also finds for the plaintiff upon the facts and as a conclusion of law.”
Procedural preferences
He deferred to condemnation commissioners' valuations unless the record lacked evidence supporting a particular award.
“it does not seem to me to be within the province of the Court to substitute its judgment for that of the Commissioners as to which valuation they should have adopted.”
He applied controlling Supreme Court venue precedent even where state substituted service was valid.
“it follows that the motion to quash the service of process and to dismiss the cause of action should be sustained”
Cautions
He demanded strict handling of municipal assessment funds held for public bondholders.
“such bondholders are entitled to the highest good faith and regularity.”
He would not sustain a conspiracy conviction where the charged overt act followed completion of the alleged object.
“No act can further the conspiracy which transpires after the end of the conspiracy.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Considering the facts set forth in • the complaint and that the service of process was through the medium of a Secretary of State, there should be no doubt that this case falls within the rule of the Olberding case, supra, and it follows that the motion to quash the service of process and to dismiss the cause of action should be sustained and an order and judgment will be entered accordingly.”
“For the reasons stated an order may be entered overruling the plea of former jeopardy and reserving proper exceptions to the defendant.”
“It therefore must be held that the amount of the reserved payment of $17,471.12 was not income for the year 1942 and the plaintiff is entitled to its recovery or to have its return corrected by its inclusion in its 1943 income.”
“For these reasons, the claims of plaintiff as to the allocation of salaries will be denied and the allocation by the Commissioner sustained.”
“Judgment is hereby ordered to be entered accordingly.”
“In accordance with the foregoing views the decision of the Court will be for the defendant.”
“For the reasons stated, the motion to dismiss should be sustained and the clerk will enter an order accordingly, with a judgment dismissing the plaintiff’s cause of action, with costs to - defendant.”
“For the reasons stated, the separate motions of the defendants for a judgment of acquittal will be sustained and an appropriate judgment to that effect will be entered, discharging the defendants and their bondsmen.”
“A decree may therefore be presented as of the date of this memorandum, for a finding in favor of the plaintiff and against the defendants in said latter amount, with proper interest and costs to be taxed against said defendants.”
“For the reasons stated, appropriate findings of fact, conclusions of law and a decree may be submitted through collaboration of counsel, excluding assessments 7, 8, 9 and 10, but authorizing a decree of foreclosure and sale as to assessments one to six, inclusive, within ten days, and reserving exceptions to the defendant, Town of Thermopolis.”
“For the reasons stated the motion to remand will be overruled and denied and an order may be entered accordingly reserving to plaintiff proper exceptions.”
“In the absence of any authority to the contrary, we feel that this announced principle by our highest court must rule this case and the United States should recover from the surety its claim for all unpaid rentals up to the date of cancellation of the lease on July 8, 1943.”
“For the reasons stated, the motion to strike the defenses interposed by the State in its answer and exceptions to the commissioners’ award will be sustained and an order may be entered accordingly, together with a judgment in defendants’ favor for the sum of $2,940, the amount of said award.”
Caseload & timing
From public federal docket records for this judge.
The located decisions span taxation, public lands, condemnation, criminal procedure, bankruptcy, railroads, municipal obligations, tort claims, and oil-and-gas disputes. They do not establish the distribution of Kennedy's full caseload.
A historical record
Judge Kennedy 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.