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  • Parkerson v. Carrouth
    782 F2d 1449
    Rita Susan Parkerson, Executrix of the Estate of Carl R. Parkerson, M.D., appeals the District Court's decision that Dr. Parkerson's civil rights action under 42 U.S.C. Secs. 1983, 1985 & 1986 did...

  • Jones v. Johnson
    781 F2d 769
    Clarence Eugene Jones appeals the dismissal of his section 1983 civil rights action against Multnomah County, Multnomah County jail, jail officials and employees, and other county officials, for delib...

  • Isaacs v. Kemp J Isaacs
    782 F2d 896
    (Opinions December 9, 1985, 11 Cir., 1985, 778 F. 2d 1482, 778 F.2d 1487). The Petition for Rehearing is DENIED and the Suggestion for Rehearing En Banc is also DENIED. HILL, Circuit Judge, disse...

  • United States v. J Theron J Theron
    782 F2d 1510
    We have before us an application for a writ of mandamus and an appeal, permitted by Fed.R.App.P. 9(a), of a district court's refusal to release a criminal defendant from custody pending trial. Petiti...

  • United States v. Ardito
    782 F2d 358
    We find that the principal issue on appeal arises from appellants' assertion that the obstruction of justice statute, 18 U.S.C. Sec. 1503, requires proof that appellants knew the proceeding they obstr...

  • Knights Of Columbus Council v. United States
    783 F2d 69
    John J. Rochford, Indianapolis, Ind., for plaintiff-appellant. David I. Pincus, Dept. of Justice, Washington, D.C., for defendant-appellee. Before WOOD, Circuit Judge, FAIRCHILD, Senior Circuit Ju...

  • Castaldi v. United States
    783 F2d 119
    Alphonse Castaldi (Petitioner) appeals from the District Court's denial of his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2255. Petitioner contends that (1) the separate and consecutiv...

  • United States v. J Lighte
    782 F2d 367
    This is an appeal from a conviction under a one count indictment that charged appellant, Fred J. Lighte, with violating 18 U.S.C. Sec. 1623 (1982) by knowingly making a false material declaration whil...

  • Sylvester v. Callon Energy Services Inc
    781 F2d 520
    Jessie Sylvester, a black male, appeals from the judgment of the magistrate entered in favor of Callon Energy Services, Inc., in Sylvester's race discrimination action brought pursuant to Title VII, 4...

  • Rook v. A Rice
    783 F2d 401
    John William Rook appeals from the district court's denial of his petition for habeas corpus relief, pursuant to 28 U.S.C. Sec. 2254. In his petition, he asserted constitutional infirmities in his co...

  • Glick v. S Gutbrod
    782 F2d 754
    Pro se plaintiffs-appellants Andrew F. and Susan M. Glick filed an action against defendants John S. and Marian L. Gutbrod, Oliver T. Skrivanie, Jerome L. Fox, and Judge Fred H. Hazlewood, alleging th...

  • Butler v. T King J
    781 F2d 486
    The facts of this case are neither complicated nor controverted. On September 17, 1975, an Orleans Parish Grand Jury indicted Butler on two counts of distribution of heroin. Butler pleaded not guilt...

  • Palandjian v. Pahlavi
    782 F2d 313
    In this action for conversion of personal property and breach of contract, plaintiff's only answer to the defense of the statutes of limitations is that, by duress, for fear of personal injury, he was...

  • Rini v. Clerk United Statescy Court
    782 F2d 603
    The Clerk of the United States Bankruptcy Court for the Northern District of Ohio (the clerk) attempts to appeal from an order of the Honorable George W. White, United States District Judge, Northern ...

  • Miller Brewing Company v. Fort Worth Distributing Co Inc
    781 F2d 494
    This case has been brewing far too long. Things came to a head when plaintiff-appellee Fort Worth Distributing Company went into state court in 1980 to prevent Miller Brewing Company from terminating...

  • Sellers v. Delgado College
    781 F2d 503
    Mary Juanita Sellers won her Title VII suit but appeals the damage award. The magistrate's findings do not sufficiently explain the measure used to determine the award, and they leave uncertain the b...

  • Hughes v. Stafford
    780 F2d 1580
    In November of 1974, George Hughes was convicted of voluntary manslaughter and sentenced to one year in state prison. After Georgia's Court of Appeals and its Supreme Court refused to overturn his co...

  • Hunter Schweig v. Hunter
    780 F2d 1577
    Kenny Nachwalter & Seymour, P.A., Thomas H. Seymour, Miami, Fla., for plaintiff-appellant. Ian M. Comisky and Russell S. Bohn, West Palm Beach, Fla., for defendant-appellee. Appeal from the Un...

  • Lehman v. Dow Jones and Company Inc
    783 F2d 285
    Plaintiff Norton J. Lehman is a California attorney who devotes most of his professional time to working as a "finder" of corporate acquisition deals, primarily concerning cable television companies. ...

  • United States v. Mazzone
    782 F2d 757
    The four appellants were convicted of drug crimes, received sentences ranging from probation and a fine, for Mazzone, to ten years in prison and a fine, for Kandis, and appeal on two grounds--illegall...

  • United States v. Eschweiler
    782 F2d 1385
    Andrew Eschweiler pled guilty to one count of distribution of cocaine, a violation of 21 U.S.C. Sec. 841(a). He received a two-year sentence to run consecutive to a previous five-year sentence. The ...

  • United States v. Fernandez
    780 F2d 1573
    Ernesto Fernandez challenges the validity of his narcotics convictions. He contends that the district court committed reversible error when it failed to exclude certain testimony as a sanction for th...

  • United States v. Claiborne
    781 F2d 1327
    Next, the government obtained statements from one Joseph Conforte that Judge Claiborne had solicited and accepted bribes from him. Based on Conforte's statements, the Strike Force, the F.B.I., and th...

  • Wall Distributors Inc v. City Of Newport News Virginia C W
    782 F2d 1165
    Wall operates in the City of Newport News a bookstore that concededly "deals in speech material of an explicit sexual nature," including the display of such material by coin-operated movies in enclose...

  • United States v. Nichols
    781 F2d 483
    Appellant Billy Joe Nichols challenges his convictions for four counts of importing cocaine and possession with intent to distribute cocaine. Because the district court erroneously admitted into evid...

  • United States v. Robinson
    783 F2d 64
    Defendant, George Robinson, appeals from his criminal conviction for conspiracy to possess and distribute, and actual possession and distribution of, cocaine. He contends the trial court erred by all...

  • United States v. V Ebner T S C C G
    782 F2d 1120
    Frank Ebner, Frank Petrozza, Joseph Rodi, Lorraine Schneider, a/k/a "Lorraine C. Jania," Larry Ranucci, and Howard Tapen, Jr. appeal from judgments of conviction entered in July and August, 1985, in t...

  • Perez v. Jefferson Standard Life Insurance Company
    781 F2d 475
    Plaintiffs Macario Perez and Sam Attaguile have recovered $2,000,000 from Jefferson Standard Life Insurance Company on a claim that Jefferson Standard unreasonably withheld consent to the cancellation...

  • United States v. Lee
    782 F2d 133
    Joseph Thomas Lee was convicted on one count of conspiracy to distribute cocaine, on four counts of distribution of cocaine, and on one count of possession with intent to distribute cocaine. On appea...

  • Brock v. Brooks Woolen Company Inc
    782 F2d 1066
    This petition requires us to decide whether an administrative law judge erred when he invalidated a search warrant and vacated safety citations against the company subjected to the search. For reason...

  • Dawson Carbide Industries Inc v. National Labor Relations Board
    782 F2d 64
    Petitioner Dawson Carbide asks that we refuse enforcement of the decision and order of the NLRB finding Carbide guilty of unfair labor practices. In the alternative, it asks that we find that the emp...

  • Aubin v. Fudala
    782 F2d 287
    Lionel Aubin won a $300,000 negligence verdict against the town of Bedford, New Hampshire, two of its policemen, and its chief of police. He and his parents obtained nominal damage awards on accompan...

  • United States v. H Kupau
    781 F2d 740
    Walter H. Kupau appeals his convictions for three counts of perjury under 18 U.S.C. Sec. 1621 (1982) and three counts of false declaration under 18 U.S.C. Sec. 1623 (1982). Kupau maintains that he wa...

  • Johnson v. A Stagner
    781 F2d 758
    Donald G. Johnson appeals from the district court's denial of his petition for habeas corpus under 28 U.S.C. Sec. 2254 (1982). Johnson contends that the State of Oregon's failure to bring him to tria...

  • United States v. C Curtis
    782 F2d 593
    James A. Shuffett (argued), Shuffett and Shuffett, Lexington, Ky., for defendant-appellant. Thomas L. Self (argued), Lexington, Ky., for plaintiff-appellee. Before KRUPANSKY and MILBURN, Circuit J...

  • Ara Leisure Services Inc v. National Labor Relations Board
    782 F2d 456
    ARA Leisure Services, Inc. petitions for review of a decision by the National Labor Relations Board finding ARA guilty of unfair labor practices. ARA Leisure Services, Inc., 272 N.L.R.B. No. 199 (198...

  • Denkler v. United States
    782 F2d 1003
    There is but one issue in this case: the legal one whether the Dual Compensation Act, as modified and reenacted in 1964, covers staff jobs with the Board of Governors of the Federal Reserve System (b...

  • United States v. Dunn
    781 F2d 447
    Louis Dugas, Jr., Orange, Tex., for defendant-appellant. Helen M. Eversberg, U.S. Atty., Jack C. O'Donnell, Ms. Sidney Powell, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellee. Appeal ...

  • Castaneda Castaneda v. Am Pickard
    781 F2d 456
    Plaintiffs appeal the judgment of the district court finding that the Raymondville Independent School District does not discriminate against Mexican-Americans in its ability grouping and teacher hirin...

  • Windsurfing International Inc v. Amf Incorporated Bic Leisure Products Inc
    782 F2d 995
    Consolidated appeal from two judgments of the United States District Court for the Southern District of New York: (1) holding claims 15-21 of Windsurfing International's (WSI's) U.S. Patent Re. 31,16...

  • United States v. McPherson
    782 F2d 66
    The defendant was convicted by a jury of violating 18 U.S.C. Sec. 656 (1982), which makes it a crime for a bank employee to embezzle, abstract, purloin or willfully misapply any funds or credits of th...

  • Union v. Us
    782 F2d 710
    We have consolidated for decision two interlocutory appeals (alternatively pleaded as petitions for mandamus, see 28 U.S.C. Sec. 1651) filed by Union Carbide Corporation, a defendant in a large antitr...

  • United States v. Jefferson
    782 F2d 697
    On October 7, 1985 the Supreme Court vacated this court's decision in United States v. Jefferson, 760 F.2d 821 (7th Cir.1985), and remanded the case to us for further consideration in light of one of ...

  • United States v. Kalaydjian
    784 F2d 53
    Appellants Bedros Kalaydjian and Akram Hayat appeal from judgments of conviction entered June 25, 1985 after a jury trial in the Eastern District of New York, Herbert N. Maletz, Senior Judge, United S...

  • Bradburn v. Ol McCotter
    786 F2d 627
    This appeal from the denial of a writ of habeas corpus poses two questions: Whether the state waived the exhaustion of state remedies defense and whether the petitioner's fifth amendment privilege ag...

  • United States v. F Kapp Briggs
    781 F2d 1008
    In this appeal we are asked to examine the sufficiency of the evidence supporting jury verdicts of guilty of conspiracy to transport stolen motor vehicles in interstate commerce in violation of 18 U.S...

  • United States v. Kairys
    782 F2d 1374
    The defendant, Liudas Kairys, appeals an order of the United States District Court for the Northern District of Illinois revoking his citizenship pursuant to 8 U.S.C. Sec. 1451(a). United States v....

  • Love v. Young
    781 F2d 1307
    Johnny Lee Love was convicted before a jury in a Wisconsin trial court of first degree sexual assault. The Wisconsin Appellate Court, in an unpublished opinion, affirmed his conviction and the Suprem...

  • Thomas v. Arn
    474 US 140
    In 1976, Congress amended § 101 of the Federal Magistrates Act, 28 U.S.C. § 636, to provide that a United States district judge may refer dispositive pretrial motions, and petitions for writ...

  • United States v. Clark
    781 F2d 730
    Petitioner Billy Arnold Clark ("Clark") appeals from the district court's dismissal of his petition for a writ of habeas corpus. Clark contends that the Government breached his plea agreement by fail...

  • United States v. Reeh
    780 F2d 1541
    The defendants in this case were convicted on drug trafficking charges after the United States Coast Guard stopped and boarded their vessel in international waters and found it to contain a large amou...

  • Ahmad v. W Redman Dcc
    782 F2d 409
    This is an appeal from a district court's order denying a writ of habeas corpus. Petitioner was convicted in state court of murder, conspiracy, and robbery. The district court found that the petitio...

  • Shabazz v. Olone A Shabazz
    782 F2d 416
    ADAMS, Acting Chief Judge. Appellants, two state prison inmates, brought this suit under the federal civil rights act challenging certain prison regulations as violative of their first amendment rig...

  • Perez Perez v. Hanberry Machado Matos
    781 F2d 1477
    The appellees, Cristobal Perez-Perez, Aristedes Machado-Matos, and Eduardo Crespo-Gomez, are Cuban detainees who along with more than 1,000 other excludable aliens have filed individual petitions for ...

  • Caldwell v. C Cupp
    781 F2d 714
    This appeal is from the denial of a habeas corpus petition in which Caldwell claims he was unlawfully arrested and searched in violation of the fourth amendment. The sole issue for our consideration ...

  • United States v. S Armstrong
    781 F2d 700
    In October 1981, appellants were subpoenaed to appear before a special federal grand jury investigating possible skimming or diversion of funds from casino properties owned by Trans-Sterling, Inc., wh...

  • Independent Electric Supply Inc v. Commissioner Of Internal Revenue
    781 F2d 724
    The taxpayers in these consolidated cases appeal the Tax Court's disallowance of deductions for depreciation, ordinary and necessary business expenses, and research and development expenses. We affi...

  • United States v. Romero
    780 F2d 981
    Ricardo Romero and Alexander Steinwachs appeal their convictions in the United States District Court for the Southern District of Florida for conspiring to possess with intent to distribute cocaine in...

  • United States Tonaldi v. J Elrod
    782 F2d 665
    This appeal comes to us from a denial of the habeas corpus petition of petitioner Ronald Tonaldi ("Tonaldi") by the district court. The issue raised here is whether petitioner's failure to raise on d...

  • State Of Wisconsin v. F Glick S
    782 F2d 670
    People saddled with mortgages may treasure the idea of having clean title to their homes. The usual way to obtain clean title is to pay one's debts. Some have decided that it is cheaper to write a "...

  • Sampson v. Love
    782 F2d 53
    Respondent-Appellant appeals from the District Court's partial grant of petitioner-appellee's petition for a writ of habeas corpus. The underlying legal issue is whether the imposition of a higher se...

  • Plains Resources Inc v. R Gable J C T
    782 F2d 883
    Plaintiff Plains Resources, Inc. (Plains), appeals the district court's dismissal under F.R.C.P., Rule 12(b)(6) of the first four causes of action of its amended complaint, which allege violations of...

  • United States v. Espinosa
    782 F2d 888
    Stanley Kotovsky, Asst. U.S. Atty., Albuquerque, N.M. (William L. Lutz, U.S. Atty. and Larry Gomez, Asst. U.S. Atty., on brief), for plaintiff-appellee. Alex Reisman, San Francisco, Cal., for defen...

  • Arthur v. City Of Toledo Ohio
    782 F2d 565
    Plaintiffs-appellants brought this class action against the City of Toledo ("the City"), the Lucas Metropolitan Housing Authority ("LMHA"), and various individual defendants in their official capaciti...

  • United States v. M Weichert
    783 F2d 23
    The principal issue on this appeal is whether a defendant who does not testify at trial may challenge on appeal a ruling that an impeaching inquiry would be permitted on cross-examination under Fed.R....

  • Crounse Corporation v. Interstate Commerce Commission
    781 F2d 1176
    Richard A. Zellner (argued), Mark Staib, Hahn, Loeser, Freedheim, Dean & Wellman, Cleveland, Ohio, for Crounse Corp., Water Transport Assoc., Ohio River Co., M/G Transport Services, Canal Barge Co...

  • Donovan v. Burlington Northern Incorporated
    781 F2d 680
    The Secretary of Labor appeals from an order of the United States District Court for the District of Montana denying the Secretary's petition for an award of attorney's fees and costs. We reverse and...

  • United States v. Whiting
    781 F2d 692
    The district court granted defendants' motion to suppress evidence seized by the Department of Commerce in a search of packages deposited in the mail by defendants' company for overseas shipment. On ...

  • Busby v. B Holt A
    781 F2d 1475
    James F. Hampton, Sp. Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees. Appeal from the United States District Court for the Northern District of Alabama. Before GODBOLD, Chief Judge,...

  • Smith Ii v. J Cunningham
    782 F2d 292
    In our recent en banc decision in Barber v. Ponte, 772 F.2d 982 (1st Cir.1985), we ruled that so-called "young adults," defined for the purpose of the issues raised therein as persons within the ages ...

  • Spencer v. Kemp
    781 F2d 1458
    Petitioner James Lee Spencer was convicted of murder and sentenced to death in Georgia state court in 1975. The Georgia Supreme Court upheld the conviction and sentence on direct appeal in 1976. ...

  • United States v. Hack
    782 F2d 862
    Roger C. Elletson, Cheyenne, Wyo., for defendant-appellant Lucas Clinton Owens. Bert Ahlstrom, Jr., Cheyenne, Wyo., for defendant-appellant William Harry Hack, Jr. Richard A. Stacy, U.S. Atty., an...

  • Perry v. Federal Bureau Of Investigation
    781 F2d 1294
    The only issue considered by the court en banc is Perry's claim that a Federal Bureau of Investigation (FBI) memorandum contained adverse and false information about him which was circulated to certai...

  • United States v. B Robinson
    782 F2d 128
    Marion Robinson, Jr. was convicted by a jury of one count of mail theft in violation of 18 U.S.C. Sec. 1708 and of a second count for aiding and abetting mail theft in violation of 18 U.S.C. Secs. 2, ...

  • Carroll v. Wilkerson
    782 F2d 44
    The plaintiff, who claimed to have been assaulted and raped by other inmates while in the Wayne County Jail for violating probation, brought this action pursuant to 42 U.S.C. Sec. 1983 against the Way...

  • National v. Local
    782 F2d 46
    The National Labor Relations Board (NLRB or Board) seeks enforcement of its order requiring Local 299, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Union) t...

  • United States v. Duerksen
    782 F2d 132
    Byron Hugh Duerksen appeals the district court's order denying without a hearing his motion for modification of sentence, filed pursuant to Fed.R. Crim.P. 35. We affirm. On September 18, 1984, Duer...

  • Marsh v. Richardson
    781 F2d 1201
    Clarissa Marsh appeals from an order of the district court denying her petition for a writ of habeas corpus in which she alleged that her convictions for felony murder and assault with intent to murde...

  • Cabana v. Bullock
    474 US 376
    In Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982), we ruled that the Eighth Amendment forbids the imposition of the death penalty on "one . . . who aids and abets a felony in ...

  • Jackson v. Johns Manville Sales Corporation
    781 F2d 394
    This Mississippi diversity case involves plaintiff Jackson's efforts to recover compensatory and punitive damages from Johns-Manville Sales Corporation, Raybestos-Manhattan, Inc., and H.K. Porter Comp...

  • United States v. Whaley
    781 F2d 417
    Jobe L. Whaley and his sons farm and raise cattle on over 11,000 acres of land in northern Mississippi. From 1981 to 1983 several patches of marijuana were grown on that land. Three of the Whaley so...

  • United States v. Ruffen
    780 F2d 1493
    Sandy Svetcov, Eb Luckel, Asst. U.S. Attys., San Francisco, Cal., for plaintiff-appellee. Richard L. Jaeger, Robert C. Goodman, San Francisco, Cal., for defendant-appellant. Appeal from the United...

  • Robert G Lecompte Et Al v. Chrysler Credit Corporation
    780 F2d 1260
    Cross-appeals were filed from the judgment of the district court awarding overtime compensation to several plaintiffs based on Chrysler Credit Corporation's violation of the Fair Labor Standards Act, ...

  • United States v. Shaughnessy
    782 F2d 118
    Roger Shaughnessy appeals the denial by the district court of his petition for post-conviction relief pursuant to 28 U.S.C. Sec. 2255 (1982). The sole issue on appeal is whether Shaughnessy was denie...

  • Eisenberg National Labor Relations Board v. Lenape Products Inc
    781 F2d 999
    John Hornbeck, (Argued), N.L.R.B., Washington, D.C., for appellants. Arnold M. Mellk, (Argued), Ezra D. Rosenberg, Katzenback, Gildea & Rudner, Lawrenceville, N.J., for appellee. Before GARTH,...

  • Therrien v. R Vose
    782 F2d 1
    Armand Therrien appeals the district court's denial of his petition for habeas corpus, 28 U.S.C. Sec. 2254. In September, 1975, the appellant was tried before a jury in the Massachusetts Superior Cou...

  • United States v. Owens
    782 F2d 146
    "[T]he rule that has emerged from prior decisions is that there is a twofold requirement, first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expecta...

  • Gaddy v. Q Linahan
    780 F2d 935
    Petitioner, James H. Gaddy, is serving a life sentence in Georgia for the crime of malice murder. He was convicted on a plea of guilty of having participated with his uncle, Henry James Gaddy, in th...

  • United States v. Wood E L
    780 F2d 955
    This criminal case arises from two incidents of racially motivated violence. On November 23, 1982, appellants Mailon Paul Wood, Kenneth E. Davis, and William L. Deering, along with Lyndon Terrell, al...

  • Whitney v. M Heckler
    780 F2d 963
    Douglass G. Whitney, M.D., W.D. Jordan, M.D., and Fred Shessel, M.D. ("appellants") appeal from the judgment of the district court upholding the constitutionality of certain provisions of Sec. 2306 o...

  • United States v. Lindsey
    782 F2d 116
    Edward Lindsey was indicted in November 1984 by a federal grand jury and charged with two counts of unlawful possession by a felon of firearms in violation of 18 U.S.C.App. Sec. 1202(a)(1) (1982). Co...

  • Burnett v. R Kindt
    780 F2d 952
    The respondent, the warden of the Federal Prison Camp at Maxwell Air Force Base, Montgomery, Alabama, appeals from a writ of habeas corpus, issued by the district court pursuant to 28 U.S.C. Sec. 2241...

  • Taylor v. Pm Rogers
    781 F2d 1047
    Three inmates of North Carolina's penal institutions appeal from the summary judgment entered for defendants in the inmate's suits to redress claimed deprivations of due process of law, equal protecti...

  • United States v. Kallash
    785 F2d 26
    This is an appeal from an order of the United States District Court for the Eastern District of New York, Bramwell, J., affirming a judgment of conviction imposed upon appellant by Magistrate Caden fo...

  • United States v. Frazin
    780 F2d 1461
    Frazin and Miller appeal from their convictions for mail and wire fraud and for aiding and abetting under 18 U.S.C. Secs. 1341 and 1343 (1982). Frazin argues that his bank records and other financial...

  • Wheaton Industries v. United States Environmental Protection Agency
    781 F2d 354
    Wheaton Industries filed this action to compel the United States Environmental Protection Agency (EPA) and the Commissioner of the New Jersey Department of Environmental Protection (DEP) to allow Whea...

  • United States v. Fesler
    781 F2d 384
    In 1982, Laurie Fesler, the infant daughter of the appellants, died from scalding. Her two and one-half year old brother, Carl, was beaten in the face. Their parents, appellants Richard and Deborah ...

  • Government Of Virgin Islands v. Brathwaite 84 3790 United States
    782 F2d 399
    Appellants, Peter Ottley and Edgar Brathwaite, bring this appeal from judgments of conviction and sentence in the District Court of the Virgin Islands. Ottley and Brathwaite were tried by jury and co...

  • Watson v. Ol McCotter
    782 F2d 143
    This appeal is from the district court's summary dismissal of petitioner Michael C. Watson's application for writ of habeas corpus filed under 28 U.S.C. Sec. 2241. Watson currently is serving a ten-y...

  • Hohri v. United States
    782 F2d 227
    This suit was brought by nineteen individuals, former internees or their representatives, against the United States. They seek money damages and a declaratory judgment on twenty-two claims, based up...

  • Parrish United States v. Parrish
    782 F2d 325
    This is an appeal by the United States from an order of the District Court for the Southern District of New York (Whitman Knapp, Judge) discharging Milton Parrish, a recalcitrant grand jury witness, f...

  • Garcia Mir v. Meese Iii Fernandez Roque
    781 F2d 1450
    These cases come before us on emergency motion by the Attorney General of the United States for a stay of an Order of the United States District Court for the Northern District of Georgia, issued on N...

  • United States v. Posner
    780 F2d 1536
    This appeal is a follow-up to U.S. v. Posner, 594 F.Supp. 923 (S.D.Fla.1984) and U.S. v. Posner, 764 F.2d 1535 (11th Cir.1985). In the prior appeal this court, by a two to one vote, affirmed the orde...

  • Messer v. Kemp
    474 US 1088
    The only factfinder that has considered the question, the Federal Magistrate, found that petitioner has met the first Strickland criterion—that counsel's performance at the sentencing phase was...

  • Rutherford v. City Of Berkeley
    780 F2d 1444
    Thomas R. Rutherford appeals from the district court's grant of a directed verdict in favor of defendants on his claim under 42 U.S.C. Sec. 1983 (1982) and related pendent state claims for lack of suf...

  • Davidson v. Cannon
    474 US 344
    Petitioner sued prison officials seeking damages under 42 U.S.C. § 1983 for injuries he suffered when they negligently failed to protect him from another inmate. On December 19, 1980, petitioner...

  • Harris v. Deveaux
    780 F2d 911
    Clinton Deveaux, a judge of the Municipal Court of the City of Atlanta and defendant in a section 1983 action, appeals from the district court's denial of his motion for summary judgment on the ground...

  • Daniels v. Williams
    474 US 327
    In Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), a state prisoner sued under 42 U.S.C. § 1983, claiming that prison officials had negligently deprived him of his propert...

  • United States v. J Wood Iii
    780 F2d 929
    This is an appeal from the government's unsuccessful attempt to prosecute Leon J. Wood, III for violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. Sec. 1962(c) and (d). T...

  • United States v. Douglass
    780 F2d 1472
    The appellants, Charles Lee Douglass and James Andrew Babb, appeal from their convictions for a number of criminal offences stemming from their alleged participation in a drug conspiracy on December 5...

  • Wright v. Florida
    474 US 1094
    I would grant certiorari in this capital case to ensure that the Florida courts have not sentenced a man to die based on a conviction obtained in violation of the Sixth Amendment. On She apparently...

  • Irvan v. Frozen Food Express Inc
    780 F2d 1228
    In a case arising from a back injury, an East Texas jury awarded this plaintiff $400,000 against his employer, a non-subscriber to workman's compensation. Persuaded that the employer was denied a fai...

  • Nash v. Black T
    781 F2d 665
    Hiawatha Nash appeals from the district court's order dismissing his 42 U.S.C. Sec. 1983 complaint. The district court dismissed Nash's pro se complaint as legally frivolous pursuant to 28 U.S.C. Sec...

  • United States v. Streifel J
    781 F2d 953
    The government appeals from an order of the United States District Court for the District of Maine suppressing certain statements and physical evidence seized in connection with the arrests of defenda...

  • Naekel v. Department Of Transportation
    782 F2d 975
    Gerald L. Naekel pro se appeals from the final decision of the Merit Systems Protection Board, Docket No. DE07528210125 remand 27 M.S.P.R. 496, sustaining the Federal Aviation Administration's decisio...

  • Lakes v. Ford
    779 F2d 1578
    This case is before the court on defendant-appellant Wayne T. Lakes' appeal from the district court's denial of habeas corpus relief sought pursuant to 28 U.S.C. Sec. 2254. Appellant was convicted o...

  • Jonas v. L Wainwright
    779 F2d 1576
    The district court denied the petition for habeas corpus brought by Jonas, a Florida state prisoner. The district court correctly held that the Florida Parole & Probation Commission did not viol...

  • United States v. Pierre
    781 F2d 329
    This appeal challenges the use of a prior consistent statement to rehabilitate the credibility of a witness. Specifically, the issue is whether the consistent statement of a witness may be used to me...

  • Della Grotta v. State Of Rhode Island
    781 F2d 343
    The State of Rhode Island appeals from a jury verdict in the United States District Court for the District of Rhode Island awarding plaintiff Anthony Della Grotta $14,000 against the State for alleged...

  • Howell Petroleum Corporation v. V Weaver
    780 F2d 1198
    The appellees have filed a petition for panel rehearing that concedes the district court's error in dismissing the case for failure to allege any "racketeering injury." The appellees now argue, as ...

  • United States v. Fixen
    780 F2d 1434
    Pursuant to a conditional plea of guilty for possession with intent to distribute cocaine, defendant Fixen appeals the district court's denial of his motions to suppress evidence and to disclose the i...

  • United States v. Norris Md
    780 F2d 1207
    In this appeal, Dr. Norris challenges his conviction on ten counts of dispensing non-narcotic and narcotic Schedule II controlled substances in violation of 21 U.S.C. Sec. 841(a)(1). We affirm. Dr....

  • Carter v. J Rafferty
    781 F2d 993
    Rubin Carter was indicted and convicted of murder by New Jersey in 1976. His petition for a writ of habeas corpus was granted by the United States District Court for the District of New Jersey, 621 F...

  • United States v. Kemper Money Market Fund Inc L
    781 F2d 1268
    Taxpayers petitioned for attorneys' fees under the Equal Access to Justice Act, 28 U.S.C. Sec. 2412, and Federal Rule of Civil Procedure 37. They also submitted a bill of costs based upon the Equal A...

  • United States v. Rockwell G
    781 F2d 985
    Defendant Ernest Rockwell appeals from his conviction and sentence under 18 U.S.C.App. Sec. 1202(a) which prohibits the possession of firearms by a convicted felon. For the reasons set forth below, w...

  • Erff v. Markhon Industries Inc
    781 F2d 613
    The plaintiff appeals the district court's determination that the defendant did not breach a stock option agreement. We affirm. In June of 1975, the plaintiff, Charles G. Erff, interviewed with Hon...

  • Cobourne v. Immigration and Naturalization Service
    779 F2d 1564
    In this case the petitioner appeals the decisions of the Board of Immigration Appeals affirming the immigration hearing officer's decision finding him deportable, denying him discretionary relief unde...

  • United States v. A Denemark
    779 F2d 1559
    This is an appeal by Denemark from his conviction of having conducted 14 cash transactions with 14 different banks to prevent those banks from being required to file a Treasury Department Required Cur...

  • United States v. Tripp
    782 F2d 38
    Thomas Tripp appeals from his convictions for violation of 18 U.S.C. Sec. 1962(c), (d). For the reasons that follow, Tripp's convictions are affirmed. On March 21, 1984, defendant Thomas Tripp was ...

  • United States v. C Gordon
    780 F2d 1165
    Fraiser, Burgoon & Abraham, James W. Burgoon, Jr., Greenwood, Miss., for defendant-appellant. George Phillips, U.S. Atty., Ruth R. Harris, Asst. U.S. Atty., Jackson, Miss., for plaintiff-appelle...

  • Coon v. Ledbetter Ms
    780 F2d 1158
    * When fighting led to shooting in a Mississippi tavern, Billy Dan Coon and his friend Buddy Nelson departed the scene. Coon said later that a man named Tanner had threatened him with a knife, stated...

  • United States v. Joseph
    781 F2d 549
    Frank Joseph appeals from his convictions for violation of 18 U.S.C. Secs. 894, 1962(c), (d). For the reasons that follow, the convictions pursuant to 18 U.S.C. Secs. 894, 1962(c) are reversed and th...

  • Roth v. United States
    779 F2d 1567
    This is an appeal by the United States from a denial by the trial court of a motion for j.n.o.v. after a jury had found that the appellee, Roth, was not a "responsible person" within the meaning of Se...

  • Myers v. V Stephenson
    781 F2d 1036
    When we previously considered this appeal by Jerry Myers, a North Carolina prisoner, we remanded for further factfinding by the district court to determine if the appeal was timely filed under Fed.R.A...

  • United States v. Tolliver
    780 F2d 1177
    Alvin Tolliver, Jose Antonio Perrett, Amalio Galvan-Venegas, Willie Ernest Scott, and Angela Faye Onick were tried and convicted of conspiracy to possess heroin with intent to distribute it in violati...

  • Carter v. T Hutto
    781 F2d 1028
    The district court entered judgment for defendants in plaintiff's pro se action under 42 U.S.C. Sec. 1983 alleging that correctional officers of the Richmond City Jail illegally seized and destroyed c...

  • Zaldivar v. City Of Los Angeles
    780 F2d 823
    The district court granted summary judgment for intervenors and assessed sanctions against plaintiffs and their attorneys in the amount of $14,951.25 for violating Rule 11 of the Federal Rules of Civi...

  • Brierley v. 1
    781 F2d 838
    This appeal is taken by plaintiffs-appellants, Howard J. Brierley and V-1 Oil Company (for convenience hereinafter referred to as Brierley) from the district court's dismissal with prejudice of their ...

  • United States v. Bourjaily
    781 F2d 539
    William Bourjaily appeals his convictions for conspiracy to distribute and possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1), 21 U.S.C. Sec. 846 and 18 U.S.C. Sec. ...

  • Rastelli v. Warden Metropolitan Correctional Center
    782 F2d 17
    The Warden of the Metropolitan Correctional Center, the Bureau of Prisons and the United States Parole Commission appeal from that portion of the decision of the United States District Court for the S...

  • United States v. Smith
    780 F2d 810
    Marvin Neal Smith was indicted and tried for armed robbery of a savings and loan association in violation of 18 U.S.C. Secs. 2113(a) and (d) (1982). On the second day of his three day trial, after th...

  • Baker v. United States
    781 F2d 85
    Baker appeals from the District Court's order overruling his motion to vacate his sentence pursuant to 28 U.S.C. Sec. 2255. Appellant Baker is proceeding pro se on appeal except for purposes of oral ...

  • Herbert v. Lando
    781 F2d 298
    The First Amendment embodies one of our nation's strongest ideals, but in practice the principle itself has been subject to constant, unyielding attack. In media defamation law, there have been relen...

  • Nabozny v. Rc Marshall
    781 F2d 83
    Petitioner raises four issues in his appeal from the denial of a writ of habeas corpus under 28 U.S.C. Sec. 2254. Finding no error in the District Court's disposition of any of the issues raised, we ...

  • Williams v. J Smith W Co
    781 F2d 319
    James Williams, an inmate of the New York State Correctional Facility at Attica ("Attica"), appeals an order of the Western District of New York, John T. Curtin Chief Judge, granting summary judgment ...

  • Wood v. Jack Carl Associates Inc
    782 F2d 83
    The plaintiff, Joann Wood, married Jeffrey S. Prentice on April 8, 1984, and 11 days later they established with the defendant, Jack Carl Associates, Inc., an account for trading commodities futures. ...

  • United States v. Collins
    779 F2d 1520
    Appellants urge reversal in this multi-thousand pound marijuana importation case on a multitude of grounds, including denial of assistance of counsel, sentencing errors, admissibility of evidence, dou...

  • United States v. R Williams
    780 F2d 802
    Williams appeals his conviction for theft of, and conspiracy to sell, government property in violation of 18 U.S.C. Secs. 641 and 371 (1982). We affirm. Williams, a Veterans Administration (VA) emp...

  • Brown v. Al Lockhart
    781 F2d 654
    Frank Brown, Jr., an Arkansas state prisoner, appeals from the District Court's dismissal of his petition for habeas corpus under 28 U.S.C. Sec. 2254. Brown was convicted of murder in the Circuit Cou...

  • Peeler v. Heckler
    781 F2d 649
    Samuel Peeler brought this suit in the United States District Court for the Eastern District of Missouri challenging the defendant's suspension of his social-security disability benefits. He asserted...

  • Gamble v. Florida Department Of Health and Rehabilitative Services
    779 F2d 1509
    Appellant Charlotte Gamble, suing as next friend and on behalf of Cynthia Gamble, challenges the district court's dismissal of her complaint under 42 U.S.C.A. Sec. 1983 against the Florida Department ...

  • United States v. Smith
    781 F2d 184
    In its Petition for Rehearing the government seeks to raise an issue which it had previously conceded. We decline to permit the government to so do, without prejudice, of course, to the end that the ...

  • Jackson v. C Scully
    781 F2d 291
    In March of 1975, Jackson was convicted in Nassau County Court of murder in the second degree and was sentenced to a term of imprisonment of fifteen years to life. The Appellate Division affirmed his...

  • Mauriello 84 5720 v. University Of Medicine and Dentistry Of New Jersey
    781 F2d 46
    This case presents the issue of due process requirements in the dismissal of a student from a state university's graduate program. After reviewing the record, we conclude that a series of informal ac...

  • United States v. Busby
    780 F2d 804
    Defendant Gary Busby appeals from his conviction for possession of cocaine with intent to distribute, 21 U.S.C. Sec. 841(a)(1), and conspiracy to possess cocaine with intent to distribute, 21 U.S.C. S...

  • Insurance Company Of North America v. Moore
    783 F2d 1326
    Appellee Donald Moore sank his boat at sea to collect the insurance. He pleaded no contest to felony insurance fraud. Appellant Insurance Company of North America (INA) sued Moore for the amounts pa...

  • Wainwright v. Greenfield
    474 US 284
    Respondent entered a plea of not guilty by reason of insanity to a charge of sexual battery. At his trial in the Circuit Court for Sarasota County, Florida, the prosecutor argued that respondent's si...

  • United States v. Von Neumann
    474 US 242
    We must decide in this case whether a 36-day delay by the United States Customs Service in responding to a remission petition filed by respondent in response to the seizure of his car by customs agent...

  • Martin v. L Wainwright
    781 F2d 185
    The opinion of the court filed on August 26, 1985, is modified as follows: The text of footnote 10 of the opinion is hereby deleted and the following substituted: The Supreme Court recently decided ...

  • Vasquez v. T Hillery
    474 US 254
    The Warden of San Quentin State Prison asks this Court to retire a doctrine of equal protection jurisprudence first announced in 1880. The time has come, he urges, for us to abandon the rule requirin...

  • Utica Packing Company v. R Block
    781 F2d 71
    The question in this case is whether the Secretary of Agriculture may replace the Judicial Officer of the Department of Agriculture (hereafter USDA) after that officer has rendered a final decision in...

  • Bankers Trust Company Of Western New York v. Crawford Crawford
    781 F2d 39
    This case involves conflicting claims to a cashier's check drawn by Stuart Crawford on the Bankers Trust Company of Western New York (the Bank). Crawford mailed the check to Chalfont Industries, Inc....

  • Colorado v. Connelly
    474 US 1050
    This grant of certiorari is yet another instance supporting the concern that the Court shows an unseemly eagerness to act as "the adjunct of the State and its prosecutors in facilitating efficient and...

  • Young v. Arkansas
    474 US 1070
    Arkansas Stat. Ann. § 41-1812 (1977) provides, in pertinent part, that "[a] person commits indecent exposure if, with purpose to arouse or gratify the sexual desire of himself or of any other per...

  • Johnson v. Orr C McDaniel 84 5859 C Menard 84 5860
    780 F2d 386
    The issue before us, on a certified question from the district court, 28 U.S.C. Sec. 1292(b) (1982), is whether Air National Guard ("ANG") technician supervisory personnel and the New Jersey Adjutant ...

  • Adams v. L Wainwright
    474 US 1073
    Because the Court's refusal to grant certiorari in this case allows the State of Florida to proceed with the execution of a defendant whose conviction may well rest upon a ground that the Florida Supr...

  • Grand Jury Subpoena Duces Tecum Served Upon Underhill Grand Jury Proceedings Massey v. United States
    781 F2d 64
    In this consolidated appeal, we are asked to decide whether sole proprietors operating automobile dealerships, who are required by law to maintain and make available to federal officials and to their ...

  • Pennington v. Spears
    779 F2d 1505
    Coleman Pennington appeals from the district court's denial of his pro se petition for a writ of habeas corpus. In April 1982, Pennington was convicted of theft of property in the first degree, and w...

  • United States v. Kalish
    780 F2d 506
    In December 1979 law enforcement authorities seized two small marijuana-laden vessels, the EL COBRE, a shrimp boat, and the MR. JAKE, an offshore oil platform supply boat, in Texas coastal waters. Th...

  • United States v. Jacob
    781 F2d 643
    Paul Jacob appeals from a final judgment entered in the District Court for the Eastern District of Arkansas upon a jury verdict finding him guilty of failure to register with Selective Service in viol...

  • Wisconsin Real Estate Investment Trust v. Weinstein
    781 F2d 589
    A real estate investment trust is supervised by a board of trustees but run from day to day by independent contractors that evaluate, buy, sell, and manage property. In 1975 Wisconsin Real Estate Inv...

  • Johnson v. United States
    779 F2d 1492
    Frieda Joyce Johnson, respondent, brought this wrongful death action against the United States under the Federal Tort Claims Act, 28 U.S.C. Secs. 1346, 2671-2680. She alleges that her husband, a heli...

  • United States v. Hernandez
    780 F2d 113
    We review the criminal convictions of Roberto Hernandez and Jose Lopez-Leyva on charges of possession of an unregistered firearm and silencer, see 26 U.S.C. Sec. 5861(d) (1982), and possession of a fi...

  • United States v. Edmonson
    792 F2d 1492
    We have consolidated these cases, coming to us from the decisions of two district judges of the Eastern District of Washington, as they present the same question of law. The question we consider is t...

  • Wilson v. City Of Aliceville
    779 F2d 631
    Appellant Almus Wilson, a black male, sought injunctive and declaratory relief, back pay and punitive damages under Title VII of the Civil Rights Act of 1964, as amended, and 42 U.S.C. Secs. 1981 and ...

  • United States v. Good
    780 F2d 773
    Good appeals his conviction on two counts for the unlawful possession of a firearm by a felon in violation of 18 U.S.C.App. Sec. 1202(a)(1). He argues that the entry and search of his home and truck ...

  • United States v. Mosquera
    779 F2d 628
    Appellant appeals his convictions of conspiracy to possess and possession of marijuana with the intent to import and distribute, 21 U.S.C. Secs. 955a(c) and (d)(1), 955c (1982) and 18 U.S.C. Sec. 2 (1...

  • United States v. Gonzalez Torres
    779 F2d 626
    The government appeals the district court order acquitting defendant Raul Gonzalez-Torres of knowing and intentional possession of marijuana with intent to distribute, 21 U.S.C. Sec. 955a(a) (1982) an...

  • Midway Manufacturing Co v. Kruckenberg
    779 F2d 624
    Midway filed a petition asking that Kruckenberg be prosecuted for criminal contempt for failure to comply with the consent judgment of the district court enjoining Kruckenberg from infringing Midway's...

  • United States v. Boldin W
    779 F2d 618
    On petition for rehearing, we delete from our opinion reported at 772 F.2d 719, 727 (11th Cir. 1985), those two paragraphs referenced and [5, 6] and insert the following: Our application of the Bloc...

  • United States v. Jenkins
    779 F2d 606
    The four appellants in this case appeal their respective convictions on one count each of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846. They challenge nu...

  • National Bancard Corporation v. Visa Usa Inc
    779 F2d 592
    National Bancard Corp. (NaBanco) filed this suit against VISA U.S.A. (VISA), alleging that VISA violated Section 1 of the Sherman Act, 15 U.S.C. Sec. 1, by fixing certain bank credit card interchang...

  • United States v. L Whaley
    779 F2d 585
    This appeal presents one issue: whether a warrant to search appellant's home was based on evidence obtained in violation of the fourth amendment. The district court concluded that it was not. We ag...

  • United States v. N Varbel
    780 F2d 758
    The conversion of cash into funds that may be exchanged easily without a trace of their origin is a recognized problem for law enforcement officials. Money laundering is common among narcotics traffi...

  • Collins v. City Of Detroit
    780 F2d 583
    This Sec. 1983 substantive due process case arises from a Fourth Amendment violation in which the defendant, Nowell, a Detroit police officer, mistakenly initiated a search of plaintiff's house pursua...

  • United States v. Butz
    784 F2d 239
    Appellant, Harold Butz, was convicted by a jury in June 1985 of two counts of falsifying records in connection with the sale of two semi-automatic firearms (in violation of 18 U.S.C. Sec. 923) and one...

  • Williams v. R Raines K
    783 F2d 774
    Williams appeals from the district court's denial of his request for a writ of habeas corpus. We affirm. On May 21, 1976, an indictment was filed in Pima County, Arizona, charging Williams with fir...

  • Ustrak v. W Fairman
    781 F2d 573
    Stephen Ustrak, an alumnus of the Illinois state prison at Pontiac, where he served time for burglary and related offenses and for bail jumping, won a verdict of almost $50,000 in compensatory and pun...

  • United States v. Crews
    781 F2d 826
    Defendant, Marvin Arnesto Crews, Jr., appeals his conviction by a jury of making a threat to kill President Ronald Reagan, a violation of 18 U.S.C. Sec. 871. He was sentenced to four years in prison....

  • United States v. Tolla
    781 F2d 29
    Harold James Pickerstein, Chief Asst. U.S. Atty., Bridgeport, Conn. (Alan H. Nevas, U.S. Atty., D. Conn., New Haven, Conn., of counsel), for appellee. Andrew B. Bowman, Westport, Conn., for defenda...

  • Carter v. Attorney General Of United States
    782 F2d 138
    The district court granted summary judgment for defendants on collateral estoppel grounds, holding that: "Plaintiff's contentions have been addressed, albeit under different procedural postures, in C...

  • Alcorn v. Smith
    781 F2d 58
    This Court has held that a hearing is necessary to determine cause and prejudice under Sykes. See Hockenbury v. Sowders, 620 F.2d 111 (6th Cir.1980), cert. denied, 450 U.S. 933, 101 S.Ct. 1395, 67 ...

  • United States v. Silva K
    781 F2d 106
    The defendants Benito Silva and Carl (a/k/a Bill) Barker, were convicted of six counts of mail fraud in violation of 18 U.S.C. Sec. 1341. Silva and Barker appeal that conviction because of an alleged...

  • United States v. G Patterson
    782 F2d 68
    The defendant, William Patterson, filed a motion prior to trial requesting that the district court dismiss his indictment on the grounds that it violated the double jeopardy clause, the collateral est...

  • United States v. Lewis
    780 F2d 1140
    This is an appeal from the conviction of appellant, Carolyn Lewis, for assaulting a fellow patient at the Perry's Point Veteran's Administration Medical Center in Maryland in violation of 18 U.S.C. Se...

  • Roach v. Aiken T
    781 F2d 379
    This is the second occasion on which the question of the death sentence imposed in Roach's case has been before us. The first occasion was in case No. 84-4003 decided March 20, 1985, 757 F.2d 1463. ...

  • United States v. R Jenkins
    780 F2d 472
    Appellants Hazelwood, Dotson and Jenkins were charged under the Assimilative Crimes Act, 18 U.S.C. Sec. 13 (1982), with violating S.C.Code Ann. Sec. 56-5-2930 (Law.Co-op.1984) by driving their vehicle...

  • Roach v. Aiken
    474 US 1039
    I adhere to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227, 96 S.Ct. 2909, ...

  • United States v. Prichard
    781 F2d 179
    Carl Emmitt Prichard appeals his conviction in district court of attempted bank robbery, a violation of 18 U.S.C. Sec. 2113(a). On appeal he claims that: (1) his acts did not proceed past preparatio...

  • Anaya v. J Hansen
    781 F2d 1
    This is an appeal from the denial of the habeas corpus petition of Linda Anaya. The primary question raised is whether blue collar workers, less educated individuals, and young adults constitute "cog...

  • United States v. Uzzell
    780 F2d 1143
    Two brothers, George and Vernon Uzzell, were convicted of conspiracy to file false claims with the Small Business Administration in violation of 18 U.S.C.A. Sec. 286. They contend that their filings ...

  • Salahuddin v. A Coughlin
    781 F2d 24
    This appeal primarily concerns the availability of good-faith immunity to a civil rights action in a somewhat unusual context. Abdul Salahuddin appeals from a judgment of the District Court for the W...

  • United States v. M Wesson
    779 F2d 1443
    Appellant Wesson, a long-haul truck driver, took his niece, Tonya Ramirez, nephew, Frank Ramirez, and niece's friend, Patricia Walton, along with him on one of his trips. He had intercourse with Patr...

  • United States v. Jackson
    780 F2d 1305
    Defendants George and James Jackson were convicted of five counts of mail fraud (18 U.S.C. Sec. 1341), one count of conspiracy to commit mail fraud (18 U.S.C. Sec. 371), and two counts of possession o...

  • Flowers v. Blackburn
    779 F2d 1115
    James Flowers was convicted in 1982 of first-degree murder in connection with the brutal rape and slaying of a 70-year old woman. The jury imposed the death penalty. He appeals from the dismissal of...

  • United States v. Guichard
    779 F2d 1139
    Appellant Carl Thomas Guichard appeals his conviction for mailing a threatening communication in violation of 18 U.S.C. Sec. 876, to which he pleaded guilty, claiming primarily that there was a failur...

  • United States v. A Kuna
    781 F2d 104
    Defendant Steven A. Kuna, Jr. was convicted on five counts of mail fraud and one count of filing a false statement with a government agency, in connection with his activities as general partner of a l...

  • Akron Standard Division Of Eagle Picher Industries Inc v. Donovan Us
    780 F2d 568
    Hollis Palmer, at that time an employee of Lectromelt Casting and Machinery Company (Lectromelt) and chairman of the union safety committee, filed a complaint with the Occupational Safety and Health A...

  • United States v. C Cardinal
    782 F2d 34
    Lawrence C. Cardinal appeals his conviction for rape on an Indian reservation, in violation of 18 U.S.C. Sec. 2031. After a jury trial, Cardinal was sentenced to thirty years' imprisonment and charge...

  • Cohn v. Gd Searle and Co I
    784 F2d 460
    Plaintiffs Susan Cohn and Walter R. Cohn, husband and wife, appeal from the final summary judgment of the district court dismissing their complaint as untimely. Plaintiffs are residents of New Jersey...

  • United States Russo v. Attorney General Of Illinois
    780 F2d 712
    Petitioner-appellant Dudley James Russo, who initially was successful in his bid for habeas corpus relief, 28 U.S.C. Sec. 2254, appeals from a final order of the district court denying, upon reconside...

  • United States v. Avendano Camacho
    786 F2d 1392
    Appellant Avendano-Camacho was convicted of conspiracy to possess and distribute heroin and aiding and abetting the distribution of heroin. The judgment of conviction was entered on April 10, 1985. ...

  • Potter Material Service Inc Officials Committee Class Unsecureds v. Potter Material Service Inc
    781 F2d 99
    In this case a class of unsecured creditors of the debtor Potter Material Service, Inc. challenge the reorganization plan of the debtor. The district court affirmed the bankruptcy judge's decision to...

  • McFarland v. J Cassady
    779 F2d 1426
    Michael McFarland appeals from the district court's summary judgment in favor of the State of Arizona. We reverse and remand for trial on the issue of good-time credits. On September 9, 1983, McFar...

  • Harrison v. Springdale Water and Sewer Commission
    780 F2d 1422
    Plaintiffs Rondell and Sharon Harrison appeal from the District Court's dismissal of their federal civil rights action under 42 U.S.C. Secs. 1983 & 1985. For the reasons stated below, we hold tha...

  • United States v. Noibi
    780 F2d 1419
    Hakeem Noibi appeals his conviction by a jury on a charge of possession of heroin with the intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1). Mr. Noibi contends that the evidence was insu...

  • United States v. Reynolds
    781 F2d 135
    John Patrick Reynolds was convicted by a jury of conspiracy to distribute marijuana in violation of 18 U.S.C. Sec. 371 (1982). The only issue raised is whether the Speedy Trial Act of 1974, 18 U.S.C....

  • United States v. Bonnette
    781 F2d 357
    Eric Wm. Ruschky, Asst. U.S. Atty. (Henry Dargan McMaster, U.S. Atty.), Columbia, S.C., for appellee. David G. Ingalls, Spartanburg, S.C., for appellant. Before WIDENER and ERVIN, Circuit Judges,...

  • Norwood v. Marrocco
    780 F2d 110
    This case arises out of a street brawl in downtown Washington, D.C. in August 1982. The specific question before us is whether a tavernkeeper can be held liable for the tortious conduct of its patron...

  • Sours v. Norris Al
    782 F2d 106
    William S. Sours appeals pro se from the district court's order denying his motion for a preliminary injunction and appointment of counsel. Sours is an inmate at the Tucker Maximum Security Unit of ...

  • Toner Toner v. Lederle Laboratories Division Of American Cyanamid Co
    779 F2d 1429
    This products liability action involves Tri-Immunol, appellant Lederle Laboratories' triple antigen vaccine used to immunize children against diphtheria, pertussis, and tetanus (DPT). Lederle, the on...

  • Wakefield v. National Labor Relations Board
    779 F2d 1437
    On February 10, 1978, the National Labor Relations Board ("Board") issued a decision and order finding, inter alia, that Greyhound Taxi Co. ("Greyhound Taxi") had violated the National Labor Relation...

  • Walker v. Time Life Films Inc
    784 F2d 44
    Plaintiff Thomas Walker, author of the book "Fort Apache," appeals from an order of the United States District Court for the Southern District of New York, David N. Edelstein, J., granting summary jud...

  • United States v. E Holloway
    781 F2d 124
    The sole question which we must decide in this appeal is whether, under the Bail Reform Act of 1984, 18 U.S.C. Sec. 3142, the government may request bail at the defendant's first appearance before a j...

  • Krulik v. Board Of Education Of City Of New York
    781 F2d 15
    Plaintiff David Krulik appeals from an April 11, 1985, order of the Eastern District, granting the defendant Board of Education's motion for a judgment notwithstanding the verdict ("judgment n.o.v.") ...

  • Hanson Trust Plc Hscm Bv Hmac v. Ml Scm Acquisition Inc Ml Lbo and Scm H D O P T E W G E W R
    781 F2d 264
    Hanson Trust PLC, HSCM Industries Inc., Hanson Holdings Netherlands B.V., and HMAC Investments Inc. (hereinafter sometimes referred to collectively as "Hanson") appeal from an order, dated November 2...

  • United States v. P Varani
    780 F2d 1296
    Alexsandro Merucci, personal representative of the estate of Dominic Merucci, appeals from an order of the district court granting summary judgment in favor of the United States on its complaint to fo...

  • United States v. Prieto Tejas
    779 F2d 1098
    Mario Prieto-Tejas appeals his conviction for possession of cocaine with intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1); conspiracy to possess cocaine with intent to distribute in viol...

  • General Office Products Corp v. Am Capens Sons Inc
    780 F2d 1077
    General Office Products Corporation (General) appeals from the district court's award of summary judgment in favor of defendant, A.M. Capen's Sons, Inc. (Capen's). General had brought a diversity ac...

  • Mahini v. Immigration and Naturalization Service
    779 F2d 1419
    Masoud Mahini appeals an order from the Board of Immigration Appeals (BIA) denying his application for asylum and withholding of deportation. The BIA denied Mahini's asylum claim and determined that ...

  • United States v. H Leidendeker
    779 F2d 1417
    Frank H. Leidendeker appeals his conviction on four counts of violating 26 U.S.C. Sec. 7203 (1982) by failing to file lawful tax returns for 1974 through 1977. We find each of Leidendeker's arguments...

  • United States v. Lamp J
    779 F2d 1088
    These appeals were lodged by Lamp, Eberwine and Yuretich from judgments of conviction entered after a joint jury trial. All three defendants were convicted of conspiracy to defraud the United States ...

  • United States v. Rankin
    779 F2d 956
    The scheduling of trials involving busy lawyers is a difficult problem of court administration that is compounded when both state and federal courts compete for the time of the same attorneys. To mee...

  • Shelton Iii v. City Of College Station
    780 F2d 475
    We have long insisted that review of municipal zoning is within the domain of the states, the business of their own legislatures, agencies, and judiciaries, and should seldom be the concern of federal...

  • United States v. Wood
    780 F2d 555
    Defendant James Charles Wood appeals from his conviction under 18 U.S.C. Sec. 2113 of two counts of robbery of an FDIC-insured bank. Wood was found guilty of twice robbing the Twining, Michigan, bran...

  • Prufrock Ltd Inc v. Lasater
    781 F2d 129
    Dan Lasater, Allan Roberts, Garland Streett, and Dixie Management, Inc. (collectively Dixie Management), appeal from the portion of the district court's order that enjoins Dixie Management from using...

  • Helms v. D Hewitt Bb Iii
    780 F2d 367
    This appeal arises from the district court's denial of plaintiff's petition for attorney's fees filed pursuant to the Civil Rights Attorney's Fees Awards Act of 1976, as amended, 42 U.S.C. Sec. 1988 (...

  • United States v. Paterson
    780 F2d 883
    This three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 10(e). The cause is...

  • Bethlehem Steel Corporation v. United States Environmental Protection Agency
    782 F2d 645
    We have consolidated three petitions to review portions of two orders that the Environmental Protection Agency issued in December 1983: Approval and Promulgation of Air Quality Implementation Plans; ...

  • United States v. S Debango
    780 F2d 81
    Alex Debango was convicted in a jury trial of conspiracy to distribute heroin, in violation of 21 U.S.C. Sec. 846 (1982), and of unlawful distribution of heroin, in violation of 21 U.S.C. Sec. 841(a) ...

  • Better Government Association v. Department Of State National Wildlife Federation
    780 F2d 86
    In these consolidated cases, the appellants, the Better Government Association ("BGA") and the National Wildlife Federation ("NWF"), challenge the validity of a set of guidelines promulgated by the De...

  • Star Satellite Inc v. City Of Biloxi A
    779 F2d 1074
    This case involves a challenge by appellant Star Satellite, Inc., against a zoning ordinance of the City of Biloxi, Mississippi. The ordinance restricts the location and the operation of various comm...

  • White v. United States
    780 F2d 97
    This case arises under the Federal Tort Claims Act and involves appellant's claim for damages for injuries suffered when she was attacked and brutally stabbed by a psychiatric patient from St. Elizabe...

  • Herring v. United States
    781 F2d 119
    The government appeals from a final order entered in the District Court for the Eastern District of Arkansas awarding Bill R. Herring the amount of $4,686.10 for attorney's fees and costs under the Eq...

  • United States v. Ballard
    779 F2d 287
    The defendant was found guilty of making false statements in his petition for bankruptcy. He attacks his conviction on a number of grounds, including the admission in his criminal trial of his former...

  • United States v. Hogan
    779 F2d 296
    Based upon the record as supplemented after limited remand, we affirm the findings of the district court that the notes of DEA Agent Braziel were not covered by the Jencks Act, 18 U.S.C. Sec. 3500(e)(...

  • Pierce v. Vision Investments Inc D J
    779 F2d 302
    Plaintiff-appellee Secretary of Housing and Urban Development (Secretary) seeks a rehearing, with a suggestion for rehearing en banc, of our original panel opinion in this case, Pierce v. Vision Inves...

  • United States v. Soto
    779 F2d 558
    Jimmy Ruben Soto was convicted of possession of a firearm by a felon in violation of 18 U.S.C. App. Sec. 1202(a)(1) (Count I) and of possession of an unregistered sawed-off shotgun in violation of 26 ...

  • United States v. Roberts
    779 F2d 565
    This appeal involves the interception and search of a marijuana laden sailing vessel at sea by a Coast Guard team assigned to a naval ship. Roberts appeals his conviction after a jury trial. Hawk ap...

  • Bond v. K Procunier
    780 F2d 461
    Lewis Turner Bond, Jr., appeals from the district court's order denying his petition for habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. We affirm. Bond was convicted by a jury on February 8,...

  • United States v. Hooks
    780 F2d 1526
    Wallace Hooks appeals his conviction of possession with intent to distribute phencyclidine (PCP), a controlled substance. He challenges the sufficiency of the evidence and claims that certain remarks...

  • United States v. C Broce
    781 F2d 792
    These cases are before the court for rehearing en banc. The questions presented are whether a plea of guilty constitutes a waiver of a defendant's right to assert a violation of the Double Jeopardy...

  • Metz v. Department Of Treasury
    780 F2d 1001
    In this Government employee case, the Merit Systems Protection Board (board) sustained the Department of the Treasury's (agency) decision to remove George F. Metz (Metz) from his position as an instru...

  • Obrien v. Papa Ginos Of America Inc
    780 F2d 1067
    This is an appeal from a jury verdict awarding plaintiff/appellee $448,200 in damages arising from his dismissal from the defendant/appellant's employment. The appellant claims error in the district ...

  • Oconnor v. Peru State College
    781 F2d 632
    Kathy O'Connor appeals the dismissal after a bench trial of her claims against her former employer, Peru State College, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e-2 (1982), ...

  • Gibbs v. T King
    779 F2d 1040
    Maurice Gibbs, a prisoner incarcerated in the Louisiana State Penitentiary, brought suit under 42 U.S.C. Sec. 1983 against John King, Secretary of the Louisiana Department of Corrections; Fulton Raba...

  • United States v. Garcia
    778 F2d 1558
    In this appeal, we determine whether the time between referral of a James motion (United States v. James, 590 F.2d 575 (5th Cir.1979) (en banc)) to a district judge and the beginning of trial is exclu...

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