Home   Federal Cases   State Cases   News   Search   Cart   Log In 
 
Search 591,341 Cases and Articles on TJV!
 
Federal Case Categories




Case Summary Articles Archive


  • Lyons v. Us Marshals
    840 F2d 202
    Appellant James Lyons instituted this suit while he was a pretrial detainee at the United States Penitentiary at Lewisburg, Pennsylvania (Lewisburg). The suit, brought under the authority of Bivens v...

  • Sargent v. Armontrout
    841 F2d 220
    Vincent Sargent appeals from an order of the district court denying his petition for a writ of habeas corpus. For the reasons stated below the order of the district court is affirmed. On January 8,...

  • United States v. L Diaz
    841 F2d 1
    The government appeals from an order requiring suppression of all documentary evidence seized pursuant to a search warrant at Isla Rica Sales, Inc. (IRSI). The documents were seized during an invest...

  • United States v. Gravely
    840 F2d 1156
    Armand Gravely was charged with one count of conspiring to fix the prices of soft drink products in the Norfolk and Richmond, Virginia areas in violation of Section 1 of the Sherman Act, 15 U.S.C. Sec...

  • Breeding v. United States
    840 F2d 16
    This is an appeal of a district court order denying a motion to vacate a criminal sentence under 28 U.S.C. Sec. 2255. The defendant, Jerry Breeding, argues that the evidence presented against him was...

  • United States v. Masters
    840 F2d 587
    Ralph Masters, James Brown, Donald Brown, and Donald Roberson appeal their convictions following a joint trial on charges stemming from their business of marketing stolen trucks in interstate commerce...

  • Settles v. Warden Luther Luckett Correctional Complex
    840 F2d 17
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is n...

  • United States v. A Crabtree
    840 F2d 18
    Adopting a magistrate's report and recommendation, the United States District Court for the Eastern District of Tennessee denied defendant David A. Crabtree's motion to dismiss a superseding indictmen...

  • Siminski v. Klein Tools Inc
    840 F2d 356
    This products liability case applying Michigan law resulted in a jury verdict awarding the plaintiffs $1,200,000, reduced by 90% for contributory negligence, for injuries suffered to Mr. Siminski's ba...

  • Thomas v. Haltom
    840 F2d 18
    Defendants-appellants Rodney Haltom (Haltom), Paul Diambra (Diambra), and Clifford Friese (Friese) (collectively, defendants) appealed from the district court's order denying their motion to dismiss t...

  • Francis v. Fox M
    838 F2d 1147
    Frederick Francis, currently on parole from the Alabama penal system, was convicted of robbery and sentenced to prison for twenty-five years. Prison officials twice recommended Francis for participat...

  • Bowles v. L Dugger
    838 F2d 1145
    Appellant, Bryant William Bowles, was convicted of trafficking in cannabis and methaqualone in violation of Florida law, and he is presently incarcerated in a Florida prison. He filed the present mot...

  • Brogdon v. H Butler
    838 F2d 776
    Pro se appellant Ronald Brogdon challenges the district court's dismissal of his petition for habeas corpus relief. We affirm. In the early morning of October 12, 1980, Ronald Brogdon and some frie...

  • United States v. Zuleta Molina
    840 F2d 157
    Francisco Zuleta-Molina (Zuleta) appeals from the district court's order denying his motion for correction of an illegal sentence pursuant to Fed.R.Crim.P. 35(a). Zuleta appears pro se. In April 19...

  • In Re Impounded Case
    840 F2d 196
    Appellants, a named Special Agent in the Criminal Investigation Division of the Internal Revenue Service ("I.R.S."), fifteen unidentified I.R.S. agents and two Department of Justice attorneys (collect...

  • United States v. Brooks
    841 F2d 268
    In April 1986, appellant Eric Brooks engaged in an act of sexual intercourse with a 15-year-old female on the island of Kwajalein, within the United States Trust Territory of the Pacific Islands. He ...

  • United States v. Cochrane
    841 F2d 1123
    Robert Joseph Cochrane appeals his narcotics related convictions, assigning error to several rulings made by the district court during the course of the trial. Finding no merit in the assignments of ...

  • United States v. Ramos
    840 F2d 1
    Jose Refugio Ramos appeals his conviction on two counts of unlawfully selling documentary evidence of citizenship in violation of 18 U.S.C. Sec. 1427. We affirm. On June 25, 1986 Ramos agreed to ob...

  • Patterson v. United States
    485 US 922
    In Michigan v. Tucker, 417 U.S. 433, 447, 94 S.Ct. 2357, 2365, 41 L.Ed.2d 182 (1974), this Court expressly left open the question of the admissibility of physical evidence obtained as a result of an i...

  • Engle v. Florida
    485 US 924
    * Even if I did not hold this view, I would grant the petition for certiorari to consider petitioner's contention that the Florida Supreme Court is applying the review standard of Tedder v. State, 322...

  • Brecheen v. Oklahoma
    485 US 909
    This Court has insisted that an accused be tried by "a public tribunal free of prejudice, passion, excitement, and tyrannical power." Chambers v. Florida, 309 U.S. 227, 236-237, 60 S.Ct. 472, 476-477...

  • Lawrence v. Jones
    837 F2d 1572
    In 1970 petitioner Lawrence pled guilty to a charge of sodomy and was placed on probation for a two year period. In 1975 petitioner was convicted of grand larceny, and in 1978, of burglary in the sec...

  • Wilson v. Security Federal Savings and Loan Association
    841 F2d 1123
    Peggy Wilson was terminated from her position as vice-president responsible for business development and savings with Security Federal Savings and Loan Association on March 12, 1984. She subsequently...

  • Robinson v. Bibb
    840 F2d 349
    The question in this case is when does a judicial decision operate to strip a public official of good faith immunity by becoming "clearly established" law. Although this is a question which is presen...

  • United States v. Holmes
    840 F2d 246
    Simon Lee Holmes appeals from the judgment of conviction entered after he pled guilty to one count of making a false statement in a matter within the jurisdiction of an agency of the United States. 1...

  • Garland v. United States
    837 F2d 1563
    Appellant Robert Garland appeals the district court's order vacating his original sentences in four criminal cases and imposing new sentences. The district court's order, entered eight months after t...

  • Chalk v. United
    840 F2d 701
    Elizabeth H. Esty, Sidley & Austin, Washington, D.C., Kirk B. Johnson, Martin J. Hatlie, Chicago, Ill., for amicus American Medical Ass'n. John Van de Kamp, Atty. Gen., Andrea Sheridan Ordin, As...

  • National Labor Relations Board v. Sea Land Service Inc
    837 F2d 1387
    The Board, over the dissent of Chairman Dotson, overruling the decision of the ALJ, held Sea-Land guilty of violating Sec. 8(a)(1) by coercively interrogating the Radio Operator Dunleavy and in discha...

  • United States v. Hill
    841 F2d 1123
    James Alvin Hill, a federal inmate, appeals from the denial of his motions for correction and reduction of sentence made pursuant to Fed.R.Crim.P. 35(a) and (b). The district court denied Hill's moti...

  • Sellers v. L Morris
    840 F2d 352
    This is an appeal from the judgment of the United States District Court for the Northern District of Ohio, Eastern Division, denying Petitioner Stacey Sellers's petition for a writ of habeas corpus. ...

  • McKibben v. A Chubb
    840 F2d 1525
    In this diversity action, Fred T. McKibben, plaintiff below, appeals from judgment in favor of Janet A. Chubb and Merrill Lynch, Pierce, Fenner and Smith, defendants, on a variety of tort claims alleg...

  • Downtownerpassport International Hotel Corporation v. Norlew Inc
    841 F2d 214
    A. Gregory Ramos, Nashville, Tenn., for appellant. Colby S. Morgan, Jr. and James F. Russell, Memphis, Tenn., for appellees. Before HEANEY and McMILLIAN, Circuit Judges, and BEAM, District Judge. ...

  • Sterling Forest Associates Ltd v. Barnett Range Corporation W E
    840 F2d 249
    David Paul Sousa (Joseph C. Moore, Jr., Young, Moore, Henderson & Alvis, P.A., Raleigh, N.C., on brief), for defendants-appellants. John Carl Schafer, Charles Gordon Brown (Faison, Brown, Fletch...

  • United States Of America v. John Burton Devore Jr
    839 F2d 1330
    Appellant, John B. DeVore, was convicted by a jury of one count of armed bank robbery in violation of 18 U.S.C. Sec. 2113(a), (b), and (d) (1987); one count of using a deadly weapon in the commission...

  • United States v. Brewer
    841 F2d 667
    The first sentence of the federal criminal firearms law, 18 U.S.C. App. Sec. 1202, limits the maximum sentence to two years for felons who possess guns. The question before us in this direct criminal...

  • United States v. Rodriguez Pando
    841 F2d 1014
    Ruben Rodriguez-Pando appeals his conviction for violation of 21 U.S.C. Sec. 841(a)(1), possession with intent to distribute cocaine in excess of one kilogram. On July 9, 1986, Officers Frisk and De...

  • Saenz v. Playboy Enterprises Inc
    841 F2d 1309
    This is an appeal from an extensive district court opinion dismissing the plaintiff's defamation action on a motion for summary judgment. A. The "OPS" Appellant, Adolph Saenz, alleges that a March...

  • Ray v. City Of Leeds
    837 F2d 1542
    Erma Ray brought this action under 42 U.S.C. Sec. 1983 (1982) against the City of Leeds and Jack Courson, individually and in his capacity as mayor of the City of Leeds, alleging that the defendants v...

  • United States v. Santiago
    837 F2d 1545
    The appellants, Charles Cloud, Carmen Santiago, and Sharon Corbett, appeal their convictions and sentences for conspiracy to import cocaine, importation of cocaine, conspiracy to possess with the inte...

  • United States v. Rush
    840 F2d 574
    The resolution of this question of statutory intent hinges on the intent of Congress. Garrett v. United States, 471 U.S. 773, 105 S.Ct. 2407, 85 L.Ed.2d 764 (1985) (Garrett ). In divining congress...

  • United States v. J Bernhardt F T J
    840 F2d 1441
    The United States appeals the district court's dismissal of twenty-nine counts of a seventy-four-count indictment. The subject counts charged defendants Curtis Bernhardt, Carl Bernhardt, Michael McCa...

  • Classic Components Supply Inc v. Mitsubishi Electronics America Inc
    841 F2d 163
    We have a reflexive appeal and request for an injunction pending its resolution. Classic Components Supply filed suit in a Wisconsin court, seeking an injunction to compel Mitsubishi Electronics Amer...

  • United States v. Rush
    840 F2d 580
    Leroy Rush appeals from his conviction of possession of a firearm by a convicted felon, 18 U.S.C. App. Sec. 1202(a) (1982 and Supp. III 1985) (repealed 1986) and his sentencing by the district court t...

  • Mark Seitman Associates Inc v. Rj Reynolds Tobacco Company
    837 F2d 1527
    In this diversity case, Mark Seitman & Associates, Inc. sued R.J. Reynolds Tobacco Co., Inc. for breach of contract. The jury returned a verdict for Seitman in the amount of $1,831,525. The dist...

  • United States v. Nelson S H
    837 F2d 1519
    In this drug conspiracy case, we apply the teachings of Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971), and order that the appellants be afforded relief from the government'...

  • Herd Rowe International Inc v. Herd
    840 F2d 757
    This appeal concerns the effect of an erroneous bar date on a notice to creditors in a bankruptcy proceeding. Paul Weldon Herd, debtor-appellant, filed a petition for reorganization under chapter 11...

  • Brown v. Gluch
    840 F2d 16
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and record, this panel unanimously agrees that oral argument is n...

  • United States v. Rodriguez Rodriguez
    840 F2d 697
    Gerardo and Rosa Maria Rodriguez, defendants, were convicted of transporting undocumented aliens and of conspiring to transport undocumented aliens. Gerardo Rodriguez was also convicted of making fal...

  • Faheem El v. Klincar
    841 F2d 712
    FLAUM, Circuit Judge, with whom BAUER, Chief Judge, and CUMMINGS, CUDAHY, POSNER and COFFEY, Circuit Judges, join. Under Illinois law, parolees arrested on new criminal charges are not considered fo...

  • Allen v. B Bellamy
    841 F2d 1122
    Charles Anegus Allen appeals from adverse judgments entered in nine actions filed by him in the District Court for the District of Maryland. We find no merit to Allen's appeal for the reasons stated ...

  • Thomas v. Sutton
    841 F2d 1123
    Johnny Thomas, a North Carolina inmate, appeals the dismissal of his habeas petition for failure to exhaust state remedies. In dismissing the petition, the district court declined to accept an expres...

  • Burden v. Evansville Materials Inc
    840 F2d 343
    Richard D. Burden, a deckhand on an Ohio River tugboat, hurt his back while moving coils of wire cable from the tug to an adjacent barge. Mr. Burden and his wife sued the tugboat owner for damages un...

  • Harrison v. United States Postal Service
    840 F2d 1149
    [T]he Government, as an employer, must have wide discretion and control over the management of its personnel and internal affairs. This includes the prerogative to remove employees whose conduct hind...

  • United States v. Hicks
    841 F2d 1123
    Christopher Hicks appeals his convictions for multiple firearms offenses in violation of 18 U.S.C.A. Sec. 922 (West 1976 & Supp.1987) and 26 U.S.C.A. Sec. 5861 (West 1980). We affirm. Hicks, a ...

  • McCoy v. N Lyles Ii
    841 F2d 1123
    Frankie McCoy, a Maryland inmate, appeals from the district court's entry of summary judgment in his 42 U.S.C. Sec. 1983 action. We affirm the district court's judgment because McCoy was afforded due...

  • Iden v. Adrian Buckhannon Bank E
    841 F2d 1122
    C. Fred and Katherine Iden, The Appliance & Furniture Mart, Inc., C. Fred Iden Builders, Inc., and Fair-Way Motors, Inc. (collectively "the Idens") sued the Adrian Buckhannon Bank ("Bank"), alleg...

  • United States v. Archer
    840 F2d 567
    Lloyd Archer was charged in a one-count indictment with being an illegal alien in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(5). Marva Tingling and Beverly Drummond were charged in...

  • Allied General Nuclear Services v. United States
    839 F2d 1572
    Beside a stream in South Carolina stands one of the most remarkable white elephants in our American history, rich as it is in similar constructions. It is a plant which is completely useless but has ...

  • St German Of Alaska Eastern Orthodox Catholic Church v. United States
    840 F2d 1087
    This is a consolidated appeal from an order of the United States District Court for the Southern District of New York, 653 F.Supp. 1342, Edward Weinfeld, Judge, entered on February 13, 1987 that denie...

  • Wjm Inc v. Massachusetts Department Of Public Welfare
    840 F2d 996
    Two nursing homes, after petitioning for bankruptcy, sought to recover from the Massachusetts Department of Public Welfare ("Department" or "DPW") monies they claim were owed to them as reimbursement ...

  • Fernandez
    840 F2d 622
    Four migrant farmworkers (farmworkers) appeal the district court's order granting summary judgment to the Secretary of the Treasury and other federal officials and agencies (collectively "Secretary")....

  • Ceniceros v. United States Parole Commission
    837 F2d 1358
    Habeas petitioner Albert Herold Ceniceros was convicted of conspiracy to violate the Hobbs Act through extortion and received a fifteen-year sentence. The same jury acquitted Ceniceros of the substan...

  • White v. G Bullock
    841 F2d 1123
    Moses Shelton White, a North Carolina inmate serving two consecutive fourteen year sentences upon his conviction for two counts of robbery with a dangerous weapon, seeks to appeal the district court's...

  • Terry v. Foltz
    840 F2d 18
    Petitioner Dwight Terry appeals from the district court's denial of his application for writ of habeas corpus seeking relief from his 1978 conviction of first degree murder. For the reasons set forth...

  • Mathews v. United States
    485 US 58
    This case requires the Court to decide whether a defendant in a federal criminal prosecution who denies commission of the crime may nonetheless have the jury instructed, where the evidence warrants, o...

  • Hustler Magazine v. Falwell
    485 US 46
    Petitioner Hustler Magazine, Inc., is a magazine of nationwide circulation. Respondent Jerry Falwell, a nationally known minister who has been active as a commentator on politics and public affairs, ...

  • Lowe v. United States
    840 F2d 17
    This pro se federal prisoner appeals from the district court's order denying his 28 U.S.C. Sec. 2255 motion to vacate sentence. The case has been referred to a panel of the court pursuant to Rule 9(a...

  • United States v. O Robinson
    485 US 25
    During the course of respondent Robinson's mail fraud trial in the Middle District of Tennessee, his counsel urged in closing argument that the Government had not allowed respondent to explain his sid...

  • United States v. M Barrett Pa
    837 F2d 1341
    The question presented in this appeal is whether a district court can conditionally enforce an Internal Revenue Service (IRS) summons to ensure that the IRS will not violate the nondisclosure of retur...

  • United States v. Littlefield
    840 F2d 143
    Appellant Thomas P. Littlefield was found guilty of participating in a scheme to defraud the United States and the state of Massachusetts of nearly $800,000 by filing false claims for unemployment ben...

  • United States v. Matheson
    840 F2d 18
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is n...

  • Wise v. Warden Maryland Penitentiary
    839 F2d 1030
    This is an appeal of the district court's denial of a petition for a writ of habeas corpus. We reverse and remand with instructions to the district court to dismiss the petition without prejudice so ...

  • United States v. Lee
    841 F2d 1123
    Tony Tyrone Lee appeals his convictions of conspiracy to possess with intent to distribute and to distribute cocaine and marijuana (21 U.S.C. Sec. 846), possession of 195 grams of cocaine with intent ...

  • United States v. E Gray J
    841 F2d 1127
    Before NATHANIEL R. JONES and KRUPANSKY, Circuit Judges, and NEESE, Senior (retired District) Judge. The instant case is before this court on remand from the United States Supreme Court. United St...

  • Benge v. J Johnson
    841 F2d 1122
    Marvin Timothy Benge, a Virginia inmate, filed a habeas petition pursuant to 28 U.S.C. Sec. 2254 in which he alleged the following: (1) the state court unconstitutionally denied him a continuance; ...

  • Blankenship v. P Meachum
    840 F2d 741
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Long v. Laramie County Community College District
    840 F2d 743
    Plaintiff-appellant Sharon Lee Long, a former part-time instructor in computer science, brought this action against defendants-appellees Laramie County Community College District and several of its ad...

  • United States v. Casamayor
    837 F2d 1509
    This is a RICO case involving jury convictions of three members of the Key West Police Department, and nine co-defendants, who became co-conspirators by supplying cocaine and by protecting cocaine tra...

  • United States v. Perez Franco
    839 F2d 867
    On November 23, 1987, Jose Rafael Perez-Franco and Jose Luis Leon-Urena were charged, pursuant to 21 U.S.C. Secs. 841(a)(1), (b)(1)(A)(i) and 846, with possession of a kilogram or more of heroin with ...

  • United States v. Owens
    484 US 554
    This case requires us to determine whether either the Confrontation Clause of the Sixth Amendment or Rule 802 of the Federal Rules of Evidence bars testimony concerning a prior, out-of-court identific...

  • Jordan v. Da Garraghty
    841 F2d 1123
    A review of the record and the district court's opinion discloses that an appeal from its order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254 would be without merit. Because the disp...

  • United States v. Vance
    840 F2d 18
    The government has appealed from the district court's order which granted defendant's motion for bail pending appeal from his convictions for conspiracy and aiding and abetting in transporting a weapo...

  • Harad v. Aetna Casualty and Surety Company J
    839 F2d 979
    This appeal arises from an order of the district court which held that, under the terms of an insurance contract issued by Aetna, Aetna had a duty to defend and indemnify its insured. The district co...

  • Laborers Health and Welfare Trust Fund For Northern California v. Advanced Lightweight Concrete Co In
    484 US 539
    A company that is a party to a collective-bargaining agreement may have a contractual duty to make contributions to a pension fund during the term of the agreement and, in addition, may have a duty un...

  • George v. Jd White L
    837 F2d 1516
    James W. George, a pro se Section 1983 plaintiff, appeals from a district court order granting summary judgment to the appellees. The district court held that George's three-count complaint was barre...

  • Department Of Navy v. E Egan
    484 US 518
    Respondent Thomas M. Egan lost his laborer's job at the Trident Naval Refit Facility in Bremerton, Wash., when he was denied a required security clearance. The narrow question presented by this case ...

  • Malouche v. Jh Management Co Inc
    839 F2d 1024
    A jury trial was held on March 16, 1987. Appellant's case consisted of his testimony and that of a former co-employee, Jeffrey Clark. At the conclusion of appellant's case, appellee's motion for a d...

  • United States v. Lozano
    839 F2d 1020
    Reinaldo Lozano, Edwin W. Emerson and Elmo Cowden, Jr. appeal their convictions on drug-related offenses. We affirm. The key witness for the government was Charles Burnette, an admitted cocaine dea...

  • Tornay v. United States Ar
    840 F2d 1424
    We must decide if an IRS summons to an attorney for information regarding fees paid by his clients is protected by the attorney-client privilege, or violates the Sixth Amendment right to counsel or th...

  • Probasco
    839 F2d 1352
    Appellant William R. Probasco (Probasco) appeals from the Bankruptcy Appellate Panel's order, 69 B.R. 730, affirming the bankruptcy court's judgment that Bill J. Eads (Eads), as debtor in possession, ...

  • United States v. P Cronic
    839 F2d 1401
    This appeal comes to us after we remanded the case to the trial court. This was after the Supreme Court, at 466 U.S. 648, 104 S.Ct. 2039, 80 L.Ed.2d 657, reversed the decision of this court reported ...

  • Bonstingl v. Maryland Bank Na
    841 F2d 1122
    John Joseph Bonstingl exceeded his VISA credit limit when he purchased two gold chains one Thursday evening from a merchant in Santorini, Greece. The fact of the excess is not contested. When the ch...

  • United States v. M Cabrera
    841 F2d 1123
    Juan M. Cabrera appeals his convictions for conspiracy to distribute cocaine, 21 U.S.C.A. Sec. 846 (West 1981), and possession of cocaine with intent to distribute, 21 U.S.C.A. Sec. 841(a)(1) (West 19...

  • United States v. A Fountain
    840 F2d 509
    On January 29, 1984, Matthew Granger slew Boyd Spikerman, a guard at a federal prison. Prison officials found Spikerman in a pool of his own blood, stabbed more than a dozen times. Repeated applicat...

  • United States v. Ofoha
    841 F2d 1123
    Herbert Ofoha and Pauline Nwabuzor appeal their convictions for conspiracy to distribute heroin in violation of 21 U.S.C.A. Sec. 846 (West 1981). Nwabuzor also challenges her conviction for distribut...

  • Duchon v. Cajon Company
    840 F2d 16
    This is a Title VII sex discrimination case that also involves a claim under the Fair Labor Standards Act. The plaintiff, Roseann Duchon, contends that the defendant, Cajon Company, violated Title VI...

  • Rawlins v. National Transportation Safety Board T
    837 F2d 1327
    Responding to petitioner's appeal from an order of the National Transportation Safety Board revoking his commercial pilot's license, we affirm that Sec. 609(c) of the Federal Aviation Act, 49 U.S.C. S...

  • United States v. F Jones
    837 F2d 1332
    Bernard and Charles Campion represented Milton Jones at his trial for engaging in a racketeering enterprise. Following Jones' conviction, the district court held that certain property owned by Jones ...

  • United States v. Mentz
    840 F2d 315
    John Mentz was convicted of two counts of bank robbery, in violation of 18 U.S.C. Sec. 2113(a)(1982). He was found guilty of robbing the Society National Bank on August 4, 1986, and the First Nation...

  • United States v. T Kattar
    840 F2d 118
    Appellant George Kattar was indicted in 1986 on three counts of wire fraud, one count of stolen or fraudulently taken monies, and one count of extortion under the Hobbs Act (18 U.S.C. Sec. 1951). The...

  • United States v. M Bontempo
    840 F2d 18
    Appellant-defendant Sam Bontempo appeals his conviction on one count of conspiracy to distribute narcotics in violation of 21 U.S.C. Sec. 846 (1982). For the following reasons, we affirm his convicti...

  • United States v. Radabaugh
    840 F2d 18
    Defendant Mike Radabaugh was found guilty of conspiring to fix a sporting event by bribery, in violation of 18 U.S.C. Sec. 224, and was given a two year suspended sentence. Mr. Radabaugh makes five a...

  • National Labor Relations Board v. Local Sheet Metal Workers International Association
    840 F2d 501
    The National Labor Relations Board (the "Board" or the "NLRB") petitions for enforcement of its order prohibiting the respondent labor unions from restraining their members from resigning in anticipat...

  • Citicorp Savings Of Illinois v. Stewart Title Guaranty Company
    840 F2d 526
    In May 1979, James D. Haggerty & Co. sold some real estate to Charles Robinson. The parties executed a mortgage securing a note for the bulk of the purchase price. Defendant Stewart Title Guaran...

  • United States v. Morales Rosales
    838 F2d 1359
    Criminal defendant Regino Morales-Rosales challenges the sufficiency of the two-count criminal information under which he pled guilty to transporting an illegal alien in violation of 8 U.S.C. Sec. 132...

  • United States v. Italiano
    837 F2d 1480
    In this criminal appeal, we are called upon to determine whether the Supreme Court's recent interpretation of the federal mail fraud statute in McNally v. United States, 483 U.S. ----, 107 S.Ct. 2875,...

  • United States v. Mebane
    839 F2d 230
    George Mebane, Ralph Sears, Larry Woodhouse and Nathan Cartwright, Jr. appeal their convictions for killing game birds while using live birds as decoys in violation of 16 U.S.C.A. Sec. 703 (West 1985)...

  • Green v. J Arn
    839 F2d 300
    This case is before the court on remand from the United States Supreme Court, --- U.S. ----, 108 S.Ct. 52, 98 L.Ed.2d 17, for us to consider the question of mootness. Petitioner Pamela D. Green filed...

  • United States v. M Matt
    838 F2d 1356
    Jerry Matt was indicted and convicted by a jury for mail fraud denounced by 18 U.S.C. Sec. 1341. His appeal raises issues regarding the proper scope of the federal statute, the evidentiary basis for ...

  • Morgan v. United States
    840 F2d 17
    Before BOYCE F. MARTIN, Jr., and ALAN E. NORRIS, Circuit Judges; and JOINER, Senior District Judge. This pro se petitioner appeals the district court's denial of his motion to vacate his sentence f...

  • United States v. Alvarez
    837 F2d 1024
    In this seizure-of-contraband-on-the-high-seas case, we affirm the judgments in the face of attacks that the trial was defective because the evidence was insufficient to support the convictions, a del...

  • United States v. Fernandez
    837 F2d 1031
    John Anthony Fernandez appeals his jury convictions for threatening a federal officer engaged in the discharge of his duty in violation of 18 U.S.C. Sec. 1503 and assaulting a federal officer on accou...

  • United States v. P Van Daal Wyk
    840 F2d 494
    Out-of-court statements made by fellow conspirators of a criminal defendant are, under Federal Rule of Evidence 801(d)(2)(E), deemed not to be hearsay if made during the course and in furtherance of t...

  • Cooley v. Al Lockhart
    839 F2d 431
    Bradford Lee Cooley appeals from the district court's denial of his petition for a writ of habeas corpus brought under 28 U.S.C. Sec. 2254. We affirm. Cooley was convicted by a jury of burglary and...

  • United States v. Lanford
    838 F2d 1351
    Defendant-appellant Lloyd Byron Lanford (Lanford), who entered a conditional plea of guilty under Fed.R.Crim.P. 11(a)(2), appeals the district court's denial of his motion to suppress evidence seized ...

  • United States v. L Rupp
    840 F2d 11
    Convicted of criminal conspiracy in violation of Title 18, U.S.C. Sec. 371 for the interstate transportation of altered and forged securities, the defendants appeal, assigning error in the District Co...

  • Carter v. Bennett Us
    840 F2d 63
    Harold E. Carter brought this action against the Department of Education (DOE or Department) in the District Court for the District of Columbia. Carter alleged that the Department did not reasonably ...

  • United States v. Fernandez
    839 F2d 639
    Frank Fernandez was indicted and tried for bank robbery in violation of 18 U.S.C. Sec. 2113(a). In cross-examination of F.B.I. Agent Thomas Bateman, defense counsel sought to elicit a post-arrest sta...

  • Bell v. Compton
    840 F2d 16
    Before DAVID A. NELSON and ALAN E. NORRIS, Circuit Judges, and SPIEGEL, District Judge. The respondent moves to dismiss this appeal from the district court's order dismissing this petition for a wri...

  • Kimmel v. Ruckman
    840 F2d 17
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument ...

  • United States v. Harper
    840 F2d 11
    Robert Harper and Arthur House were convicted in the United States District Court for the Eastern District of Virginia of rioting and assault during a prison disturbance at the federal penitentiary at...

  • Jones v. Borgert
    840 F2d 17
    Before DAVID A. NELSON and ALAN E. NORRIS, Circuit Judges, and S. ARTHUR SPIEGEL, District Judge. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circui...

  • United States v. Harris
    840 F2d 11
    Marvin Lee Harris appeals his conviction for attempted bank robbery under 18 U.S.C. Secs. 2113(a) and 2. Harris's attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). In...

  • David v. Lane
    839 F2d 1265
    Plaintiffs-appellants ("plaintiffs"), four white inmates at Illinois' Pontiac Correctional Center ("Pontiac"), instituted this class action on behalf of themselves and all other present and future whi...

  • United States v. Ingram
    839 F2d 1327
    Elijah Ingram was convicted by a jury of possession of an unregistered sawed-off shotgun and of being a convicted felon in possession of a firearm. The district court sentenced Ingram to imprisonment...

  • United States v. J Holzer
    840 F2d 1343
    McNally may have fallen athwart the same principle, except that the prosecutor in McNally had never argued that the defendants' conduct violated a fiduciary duty imposed by state law and that therefor...

  • Hill v. G Dantes
    840 F2d 10
    Marvin Hill, a Maryland inmate, appeals the judgment of the district court dismissing his civil action brought pursuant to 42 U.S.C. Sec. 1983. The crux of Hill's claim is that he is not the person w...

  • Bridge v. A Lynaugh
    838 F2d 770
    Appellant, Warren Eugene Bridge, seeks habeas corpus relief pursuant to 28 U.S.C. Sec. 2254 from his conviction for capital murder. Appellant is an inmate on death row in the Texas Department of Corr...

  • Nilson Newey and Company v. L Ballou
    839 F2d 1171
    The defendant in this legal malpractice action is a lawyer who, notwithstanding a glaring conflict of interest, represented both the purchaser and an interested middleman in a Kentucky land transactio...

  • Loughney v. United States
    839 F2d 186
    This is an appeal from the final decision of the district court granting summary judgment to appellee the United States. The suit, brought on behalf of a member of the armed forces, alleges malpracti...

  • National Labor Relations Board v. Superior Coatings Inc
    839 F2d 1178
    This case is before us upon the application of the National Labor Relations Board (the Board), pursuant to section 10(e) of the National Labor Relations Act (the Act), as amended, 29 U.S.C. Sec. 160(e...

  • Armstrong Armstrong v. Department Of Real Estate State Of California
    840 F2d 651
    Defendant-Appellant Department of Real Estate, State of California (Department) appeals from the district court's order granting plaintiff-appellee Charles Armstrong (Armstrong) $20,000 from Californi...

  • McConnico v. Henderson
    840 F2d 17
    Before DAVID A. NELSON and ALAN E. NORRIS, Circuit Judges, and SPIEGEL, District Judge. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon e...

  • Fortier v. Olin Corporation
    840 F2d 98
    This diversity tort action arises out of a hunting accident near Berlin, New Hampshire, on November 2, 1977, involving three teenage cousins, Henry Fortier, Raymond Croteau, and Paul Croteau. Paul wa...

  • United States v. R Crane
    840 F2d 18
    Elaine R. Crane appeals her conviction for wilfully attempting to evade estate taxes, and making and subscribing a false tax return. Over defendant's objections, the district court allowed the govern...

  • In The Matter Of American Reserve Corporation Appeal Of Clear and Doris Elaine Huddleston
    840 F2d 487
    This interlocutory appeal under 28 U.S.C. Sec. 1292(b) presents the question whether a person may file a proof of claim as representative of others similarly situated in a bankruptcy case. The bankru...

  • Greenberg v. Kmetko Greenberg
    840 F2d 467
    The defendants-appellants, Thomas Kmetko and Bruce Weflen, appeal from the judgment of the district court that they had violated plaintiff-appellant Richard Greenberg's First Amendment free speech rig...

  • Ashley v. Koehler
    840 F2d 16
    Carl Ashley, petitioner-appellant, appeals from the district court's denial of his petition for a writ of habeas corpus challenging his state court conviction pursuant to 28 U.S.C. Sec. 2254. Ashley ...

  • United States v. Jumper
    838 F2d 755
    * Kenneth Martin Jumper brings this appeal following his conviction of receiving a fee in return for procuring a bank loan. We affirm his conviction. Mr. Jumper was the chairman of the board of dir...

  • United States v. Gwin
    839 F2d 427
    Louis Benedict Gwin a/k/a Bill Red Cloud was convicted in federal district court on two counts of embezzling money of the United States Government in violation of 18 U.S.C. Sec. 641 (1982). He recei...

  • Frett v. Government Of The Virgin Islands Government Of The Virgin Islands A
    839 F2d 968
    The Government of the Virgin Islands, Edwin Potter, Richard Schrader, and Reuben Smith, appeal from a judgment holding them jointly and severally liable to Clinton David for $200,000 in damages for pe...

  • United States v. L Williams
    837 F2d 1009
    James Williams was convicted of income tax evasion in violation of 26 U.S.C. Sec. 7201 and of signing a false tax return in violation of 26 U.S.C. Sec. 7206(1). At trial, the government proceeded aga...

  • Ross v. Bank South Na and Miller
    837 F2d 980
    Named plaintiffs Ernest Ross and George Miller claim the defendants were involved in a fraudulent scheme to issue unmarketable tax-exempt bonds and that the plaintiffs (and the class they purport to r...

  • United States v. L Peel
    837 F2d 975
    Jerome Peel appeals from his convictions of violations of 21 U.S.C. Sec. 955a(a) and 21 U.S.C. Sec. 955c. * On February 25, 1985 appellant was aboard the sailing vessel "Pork Chop" in waters some fi...

  • Richards v. United States
    837 F2d 965
    Raymond Richards was convicted of possession of heroin with intent to distribute, in violation of 21 U.S.C. Sec. 841(a)(1). His conviction was affirmed on appeal. United States v. Richards, 638 F....

  • Bettius v. National
    839 F2d 1009
    Bettius & Sanderson, P.C., (Bettius) appeals a judgment entered in favor of its professional liability insurer, National Union Fire Insurance Company. Its two primary assignments of error protest...

  • United States v. Evans and Associates Construction Co Inc I
    839 F2d 656
    This appeal is taken from an order of the United States District Court for the Western District of Oklahoma dismissing in its entirety a three count indictment against appellees as a sanction. The in...

  • Grain Processing Corporation v. American Maize Products Company
    840 F2d 902
    These are cross-appeals from a decision of the United States District Court for the Northern District of Indiana that claims 11-14 of United States Letters Patent No. 3,849,194 ('194 patent) were vali...

  • People Of The Territory Of Guam v. D Iglesias
    839 F2d 628
    Appellant Eduardo Iglesias was found guilty of aggravated assault and of possession and use of a deadly weapon during the commission of a felony, by a jury in the Superior Court of Guam. He was sente...

  • Douglas v. P Keohane
    840 F2d 16
    Before BOYCE F. MARTIN Jr., and ALAN E. NORRIS, Circuit Judges and JOINER, Senior District Judge. This pro se petitioner, a federal prisoner incarcerated at the Federal Correctional Institution in M...

  • United States v. T Smith
    839 F2d 175
    This appeal grows out of a bribery conspiracy that, in the words of the district court judge who sat through the many days of trials and hearings, "struck at the very heart of state government." Ap...

  • United States v. W Nealy
    840 F2d 11
    W. Garland Nealy, a federal inmate, was convicted in January 1983, after a jury trial, of conspiracy to aid and assist the preparation and presentation of false tax returns in violation of 18 U.S.C. S...

  • Parkinson v. Commissioner Of Internal Revenue
    840 F2d 17
    The plaintiff-appellant, Ronald E. Parkinson, brought an action pursuant to the Privacy Act to obtain documents pertaining to him maintained by the Cincinnati District Office of the Internal Revenue S...

  • Cordova v. A Lynaugh
    838 F2d 764
    George Cordova, sentenced to death by a Texas court for the murder-robbery of Joey Hernandez, appeals the denial of the writ of habeas corpus. Our examination of the record reveals that the state tri...

  • United States v. Ascarrunz
    838 F2d 759
    Appellant Douglas David Ascarrunz was convicted of conspiracy to possess cocaine with intent to distribute and possession of cocaine with intent to distribute. We affirm. * In November, 1985, Victo...

  • George v. T King
    837 F2d 705
    Plaintiff-appellant Donald S. George appeals the dismissal, pursuant to 28 U.S.C. Sec. 1915(d), of his pro se, in forma pauperis suit, under 42 U.S.C. Sec. 1983, complaining of a single instance of fo...

  • Dupuy v. H Butler
    837 F2d 699
    State prisoner Kenneth Wayne Dupuy applies for habeas corpus relief under 28 U.S.C. Sec. 2254, arguing that his so-called split-sentence is a violation of Louisiana state criminal sentencing procedure...

  • Fidelity Holding Company Ltd California State Board Of Equalization v. Official Unsecureds Committee
    837 F2d 696
    The State of California seeks recovery of back taxes allegedly owed by Nipak Pipe of Delaware, Inc. ("Nipak"), which is in bankruptcy reorganization under Chapter 11. The bankruptcy court denied rel...

  • Bank Of Guam v. Demapan
    839 F2d 1344
    The Bank of Guam appeals a decision of the Appellate Division of the United States District Court for the Northern Mariana Islands affirming a judgment of the Commonwealth Trial Court which ordered th...

  • Barrier v. Johnson
    840 F2d 10
    Linda Lou Barrier, a North Carolina inmate, seeks to appeal the district court's denial of habeas relief under 28 U.S.C. Sec. 2254. We deny leave to proceed in forma pauperis on appeal, deny a certif...

  • Jones v. H Butler
    837 F2d 691
    This appeal from a judgment entered September 10, 1985 in the Western District of Louisiana, Tom Stagg, Chief Judge, denying a State prisoner's petition for a writ of habeas corpus presents the questi...

  • United States v. Spencer
    839 F2d 1341
    Spencer, a Native American convicted of murder, raises on appeal two issues of first impression. First, does infliction of injuries on a fetus, who is born alive but dies as a result of those injurie...

  • United States v. Taylor
    841 F2d 1300
    This consolidated appeal, involving six separate criminal cases, requires us to resolve what has become known in the Northern District of Illinois as the "grand jury issue." In February of 1987, th...

  • Bruce v. First Federal Savings and Loan Association Of Conroe Inc
    837 F2d 712
    This case involves a question of statutory construction. We hold that the word "and" in the antitying provision of 12 U.S.C.A. Sec. 1464(q)(1) should be given a disjunctive rather than a conjunctive ...

  • United States v. Jones
    839 F2d 1041
    Four criminal defendants appeal from convictions for conspiracy to manufacture a controlled substance. We affirm the convictions, finding that the jury had sufficient evidence to support its verdict ...

  • United States v. Deerman G
    837 F2d 684
    Appellants and others were tried on multiple charges relating to a scheme to introduce a large quantity of marijuana into the country. The jury acquitted appellants on two counts of the indictment an...

  • Persinger v. City Of Huntington
    840 F2d 11
    Arnold Persinger was granted a disability retirement from the Huntington Police Department on November 12, 1980, because of knee injuries. His pension was calculated without factoring in his "payout,...

  • Long v. State
    840 F2d 11
    Gary N. Long, a Maryland inmate, has petitioned for a rehearing of his appeal from a denial of habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Because Long has exhausted state remedies with res...

  • United States v. Williams
    840 F2d 11
    Lionel Francis Williams appeals from the judgment of the district court entered after a jury trial, finding him guilty of bank robbery, 18 U.S.C. Sec. 2113(a), bank larceny, id. Sec. 2113(b), assault ...

  • United States v. Oliveras
    840 F2d 11
    "Honor among thieves," while alluded to often enough to become a cliche, is either subject to many exceptions or not applicable to drug dealers. Here the defendant, Ramon Oliveras, was charged with c...

  • Brick Masons Pension Trust
    839 F2d 1333
    Industrial Fence & Supply, Inc. ("Industrial") and Harris Building & Supply, Inc. ("Harris") are wholly owned subsidiaries of the same parent company. Both are engaged in the business of bu...

  • Woodson Woodson v. Firemans Fund Insurance Company Firemans Fund Insurance Company
    839 F2d 610
    We consider procedural and substantive questions raised by a creditor's objection to a debtor's claim that the proceeds of his deceased wife's life insurance policy, received within 180 days after fil...

  • United States v. Mack
    840 F2d 18
    Defendant Johnnie Bernard Mack appeals his conviction on two counts of distributing heroin and one count of unlawful use of a communication facility. He originally was charged in a four-count indictm...

  • Rahman v. Graham
    840 F2d 17
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument ...

  • Jm Davis v. United States
    840 F2d 16
    Petitioner appeals the district court's judgment denying his 28 U.S.C. Sec. 2255 motion to vacate, set aside or correct his sentences. The matter has been referred to a panel of the court pursuant to...

  • United States v. Rivera Velez
    839 F2d 8
    Appellant Jose Rivera-Velez pled guilty to a charge of possession of stolen material, 18 U.S.C. Sec. 1708 (1982), and was sentenced by the district court to a five-year term of imprisonment which the ...

  • Midwest v. Us
    840 F2d 17
    Midwest Fireworks Manufacturing Company, Inc. (Midwest) petitions for review of a decision of the U.S. Department of Treasury, Bureau of Alcohol, Tobacco, and Firearms (BATF) denying its application ...

  • United States v. White
    840 F2d 18
    The defendant appeals his jury conviction for conspiracy to engage in the unlawful dealing of firearms, being a felon in possession of a firearm, and receipt of a firearm. The plaintiff now moves to ...

  • Karim Panahi v. Los Angeles Police Department
    839 F2d 621
    Parviz Karim-Panahi (Karim-Panahi) appeals from the judgment of dismissal of his amended complaint with prejudice for failure to state a claim. On May 16, 1983, Karim-Panahi was arrested on misdemea...

  • Varnell v. Young
    839 F2d 1245
    The petitioner, Clark Varnell, appeals from an order of the United States District Court for the Eastern District of Wisconsin denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. Se...

  • United States v. A Aguirre
    839 F2d 854
    Defendant-appellant Luis Aguirre, along with one Azevedo, was indicted by a federal grand jury for distribution of 500 or more grams of cocaine in violation of 21 U.S.C. Secs. 841(a)(1), 841(b)(1)(B),...

  • State Of New York v. Hendrickson Brothers Inc and J
    840 F2d 1065
    Defendants-appellants Hendrickson Brothers, Inc. ("Hendrickson"), Amfar Asphalt Corp. ("Amfar"), Francis Ambrosio, Anthony Farino, Jack Farino ("Farino"), and Lizza Industries, Inc. ("Lizza"), appe...

  • Lovern v. United States
    840 F2d 11
    W. Michael Lovern appeals the denial of his 28 U.S.C. Sec. 2241 petition which he filed in the Eastern District of North Carolina while he was undergoing evaluation at Butner Federal Correctional Inst...

  • United States v. Thornton
    840 F2d 11
    Phillip Thornton appeals the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate his sentence. He contends that he was entitled to a hearing on his claim that he received ineffective ...

  • Humane Society Of The United States v. P Hodel
    840 F2d 45
    Paul A. Lenzini, with whom Luisa L. Lancetti, Washington, D.C., was on the brief for appellee, Intern. Ass'n of Fish and Wildlife Agencies. C. King Mallory III, James F. Bowe, Jr. and Deborah S. Col...

  • Overseas Development Disc Corp v. Sangamo Construction Co Inc
    840 F2d 1319
    This diversity action presents elaborate facts centered about three businessmen trying to build roads in Arab countries. But after more than ten years of litigation, including a prior opinion by this...

  • Daugherty v. L Dugger A
    839 F2d 1426
    Jeffery Joseph Daugherty, the appellant, appeals the district court's denial of his petition for writ of habeas corpus. Challenging only his sentence, Daugherty contends that: (1) his lawyer's failu...

  • Allen Organ Company v. Kimball International Inc
    839 F2d 1556
    Allen Organ Company appeals the judgment of the United States District Court for the Northern District of Illinois, holding after a jury trial that the claims at issue of Watson U.S. Patent No. 3,610,...

  • Willis Iii v. Kemp
    838 F2d 1510
    Petitioner, Henry Willis III, is a Georgia death row inmate, having been convicted of malice murder and sentenced to death by the Superior Court of Bleckley County, Georgia for the shooting of a Ray C...

  • Mead Johnson Pharmaceutical Group Mead Johnson Company v. R Bowen Hhs
    838 F2d 1332
    Mead Johnson Pharmaceutical Group ("Mead") appeals from a judgment of the District Court, 655 F.Supp. 53, upholding the Food and Drug Administration's ("FDA") denial of a citizen petition filed by Mea...

  • United States v. Chase
    838 F2d 743
    Three of the four appellants were participants in a large organization that imported and distributed cocaine in the Dallas area. The fourth appellant, Kurt Thomas Chase, was charged with participatio...

  • United States v. Lueben
    838 F2d 751
    Robert Lueben appeals from the district court's finding that false statements made by Lueben to federally insured savings and loan associations were material. As we find that the district court's fin...

  • United States v. Daly
    839 F2d 598
    Daniel Michael Daly, in pro per. Michael W. Emmick, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Central District of California...

  • Yellow Bus Lines Inc v. Drivers Chauffeurs and Helpers Local Union F Woodward
    839 F2d 782
    This litigation arises from events surrounding a four day strike by employees of Yellow Bus Lines, Inc. for recognition by the company of a union local, Drivers, Chauffeurs, and Helpers Local 639 ("Lo...

  • Rosario v. Kuhlman
    839 F2d 918
    Janet Claire Le, The Legal Aid Soc., New York City (Michael Gross, Philip L. Weinstein, of counsel) for plaintiff-appellee. Melissa Harrison, Asst. Dist. Atty., Kings County, Brooklyn, N.Y. (Elizab...

  • Spangle v. Valley Forge Sewer Authority
    839 F2d 171
    The plaintiff, William Spangle brought this action against his employer Valley Forge Sewer Authority ("VFSA") under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. Sec. 621 et seq., claim...

  • Fwpbs Inc v. City Of Dallas Dumas
    837 F2d 1298
    In the early summer of 1986, the City of Dallas, Texas began to consider the regulation of the effects of sexually oriented businesses upon the community. After study of similar efforts by other metr...

  • United States v. A Ford
    840 F2d 460
    Defendant-appellant Claudia Ford appeals her conviction for conspiring with Gregory Little to rob a federally insured savings and loan. Ford was also convicted for using two firearms in the commissio...

  • United States v. Knox S
    839 F2d 285
    A one-count indictment was returned against appellants Knox, Ware, and Champegnie charging them with aiding and abetting one another in the possession with intent to distribute a Schedule II controlle...

  • Jets Inc v. United States
    838 F2d 1196
    This is an appeal by a government contractor from a decision of the Armed Services Board of Contract Appeals (Board) denying the contractor's claim for an equitable adjustment in the contract price. ...

  • United States v. One Lear Jet Aircraft Serial No 35a 280 Registration No Yn Bvo
    836 F2d 1571
    This case involves a forfeiture proceeding initiated by the government against a Lear Jet under 8 U.S.C.A. Sec. 1324(b). The aircraft had been used to enter this country by persons who made material ...

  • Farmer v. W Rogers
    839 F2d 269
    This case arises under the Black Lung Benefits Reform Act of 1977, Pub.L. 95-239, 30 U.S.C. Secs. 901 et seq. (1976 Ed. Supp. II). Section 2 of the 1977 Act amended Sec. 402(f)(1) of the original Bl...

  • Brotherhood Of Locomotive Engineers v. Burlington Northern Railroad Company
    838 F2d 1102
    Defendant/appellant Burlington Northern Railroad Company (hereinafter BN) appeals from the district court's grant of a permanent injunction in favor of plaintiff/appellee Brotherhood of Locomotive Eng...

  • Brotherhood Of Locomotive Engineers v. Burlington Northern Railroad Company
    838 F2d 1087
    In this appeal, we must decide whether the Railway Labor Act ("RLA") bars Burlington Northern Railroad Company ("BN") from unilaterally implementing a mandatory urine testing program designed to restr...

  • United States v. Wilson
    838 F2d 1081
    Lavon Wilson appeals a conviction following a conditional plea of guilty (pursuant to Fed.R.Crim.P. 11(a)(2)) to second-degree murder on an Indian reservation in violation of 18 U.S.C. Secs. 1111 and ...

  • Caise v. Spencer
    838 F2d 1215
    Before BOYCE F. MARTIN Jr., and ALAN E. NORRIS, Circuit Judges, and JOINER, Senior District Judge. This pro se Kentucky plaintiff appeals the district court's judgment dismissing his civil rights ac...

  • Pinkerman v. A Morris
    838 F2d 1215
    The plaintiff-appellant, Larry Pinkerman, appeals from the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. Pinkerman aserts that the district cour...

  • Estate Of Dd Palmer Ah v. Commissioner Of Internal Revenue
    839 F2d 420
    A.H. Palmer and the Estate of D.D. Palmer (the Palmers) appeal a decision of the Tax Court in favor of the Commissioner of Internal Revenue (the Commissioner). The Tax Court confirmed income tax defi...

  • Iu International Corporation v. Nx Acquisition Corp
    840 F2d 220
    The plaintiff, IU International Corporation (IU), is the target of a tender offer by the defendants, a group of companies who formed defendant NX Acquisition Corporation (NX) to make the tender offer....

  • Railway Labor Executives Association v. H Burnley R
    839 F2d 575
    The Railway Labor Executives' Association and various railway labor organizations which are constituent members (collectively "RLEA") appeal the district court's grant of summary judgment for the gove...

  • Nealy v. Hamilton
    837 F2d 210
    W. Garland Nealy, acting pro se, brought this action against lawyers Jack Hamilton, Michael Garson and Walton Shepherd and John Doe(s). Nealy asserts that these lawyers, by proffering allegedly false...

  • Cano Villa v. Us Parole Commission
    840 F2d 14
    Appeal From: N.D.Tex. AFFIRMED. ...

  • United States v. Spencer
    838 F2d 1216
    Defendant was convicted in the District Court of several offenses under Title 21 of the United States Code growing out of an alleged conspiracy to manufacture and distribute methamphetamine, a Schedul...

  • United States v. Savage
    838 F2d 1216
    This pro se federal prisoner appeals the district court's orders denying his motion for appointment of counsel to represent him before the parole board and his motion for appointment of counsel to req...

  • Castle Ii v. M Cohen M M Cohen M Jermyn
    840 F2d 173
    In this appeal we are called upon to interpret a complex stock purchase agreement. The purchasers brought an action in the district court with claims premised upon various federal statutes. The comp...

  • United States v. A McFarland
    839 F2d 1239
    Four days after entering a plea of guilty, the defendant-appellant, Mark A. McFarland, sought to withdraw that plea. Following a hearing, the district judge denied McFarland's request and imposed a s...

  • Yanero v. Us Parole Commission Honsted
    841 F2d 1121
    Appeal From: W.D.Pa. AFFIRMED. ...

  • United States v. Cweh
    838 F2d 993
    C.W.E.H. appeals from the district court's dismissal of her motion for postconviction relief under 28 U.S.C. Sec. 2255. She claims the district court committed error in denying her an opportunity to ...

  • United States v. Gutierrez
    839 F2d 648
    Toby Gutierrez (defendant) appeals the denial of his motion to vacate or set aside his sentence pursuant to 28 U.S.C. Sec. 2255. At the beginning of 1965, defendant pleaded guilty to trafficking in h...

  • Harris v. Fleming
    839 F2d 1232
    Plaintiff-appellant, Spencer Harris, is a prisoner of the State of Illinois, confined at the Menard Correctional Center in Menard, Illinois. On August 26, 1985 he filed this civil rights action under...

  • Prudential Insurance Company Of America v. A Parker L
    840 F2d 6
    The issue in this interpleader action is whether James A. Parker is entitled to all or only one half of the proceeds of a $35,000 serviceman's group insurance policy on his son Bryan, who was killed i...

  • Brock v. International Organization Of Masters Mates and Pilots
    840 F2d 10
    The Secretary of Labor brought suit under Title IV of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. Secs. 401 et seq. against an international union and a local union to set asi...

  • In Re Grand Jury Proceedings Appeal Of United States Of America
    838 F2d 624
    This is an appeal from a decision of the district court to grant a motion to quash a federal grand jury subpoena. The grand jury is investigating an individual (Owner) who is the sole shareholder, of...

  • Texas Municipal Power Agency v. Administrator Of United States Environmental Protection Agency
    836 F2d 1482
    This case is part of a dispute over whether it is lawful for the United States Environmental Protection Agency ("EPA") to regulate internal waters which are an integral part of the waste treatment sys...

  • Williams v. A Lynaugh
    837 F2d 1294
    Calvin Joseph Williams was convicted in state district court on August 26, 1980, of capital murder during the course of committing burglary of a habitation. In a separate sentencing hearing on the ne...

  • Tate v. Bradley
    837 F2d 206
    Appellant Tate filed suit to rectify what he viewed as defamation by Appellees John Ed Bradley and The Washington Post in their depiction of him as a Mardi Gras merrymaker. The newspaper article, car...

  • Whaley v. J Rodriguez
    840 F2d 1046
    Ramon J. Rodriguez, Chairman of the New York Board of Parole, appeals from a 1987 judgment of the United States District Court for the Eastern District of New York (Weinstein, C.J.) which granted Zeno...

  • Mauricio v. R Duckworth
    840 F2d 454
    Petitioner-appellant, Arnold Mauricio (hereinafter Mauricio), appeals from the district court's order denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. Although the di...

  • Watkins v. United States Army
    837 F2d 1428
    In August 1967, at the age of 19, Perry Watkins enlisted in the United States Army. In filling out the Army's pre-induction medical form, he candidly marked "yes" in response to a question whether he...

  • United States v. A Tonry
    837 F2d 1281
    Richard Tonry appeals his convictions for conspiracy to violate, and two substantive violations of, the Travel Act. 18 U.S.C. Secs. 371 & 1952. The state law basis incorporated to support the Tr...

  • Sdj Inc v. City Of Houston
    837 F2d 1268
    The City of Houston enacted a detailed ordinance imposing licensing and zoning restrictions upon sexually oriented businesses. The owners of 23 topless bars subject to the regulations filed suit in f...

  • United States v. M McDonald
    837 F2d 1287
    This is an appeal from a conviction on three counts of mail fraud drawn from a scheme to defraud an insurance company. We reject several points of error including a refusal to admit into evidence a d...

  • Scherer v. J Balkema
    840 F2d 437
    Anthony J. Scherer, Jr. was a federally licensed firearms dealer in the 1960s and early 1970s. The subject of government surveillance for a number of those years, he was convicted in 1974 for violati...

  • United States v. Zabaneh
    837 F2d 1249
    Appellant, Angel John Zabaneh, was convicted on seven counts relating to possession and distribution of marihuana in violation of 18 U.S.C. Secs. 2 and 3237(a), 21 U.S.C. Secs. 841(a)(1) and (b)(6), a...

  • United States v. Griffin
    838 F2d 1216
    Defendants, Dorian Griffin and Craig Griffin, appeal their convictions resulting from their participation in a scheme to obtain and distribute counterfeit currency. A multiple-count indictment was re...

  • Washington v. P Lane
    840 F2d 443
    Petitioner Leon Washington, an inmate at the Menard Correctional Center in Illinois, filed a habeas corpus petition in the district court. The parties consented to have the matter heard by United Sta...

  • Little Rock School District v. R
    839 F2d 1296
    We are asked in this appeal to review several decisions of the United States District Court for the Eastern District of Arkansas bearing on the desegregation of the three school districts in Pulaski C...

  • United States v. Belcher
    838 F2d 1215
    Sylvia Belcher appeals from her conviction on four counts of interstate transportation of stolen or forged securities in violation of 18 U.S.C. Sec. 2314. She does not appeal from her conviction for ...

  • Liberta v. R Kelly
    839 F2d 77
    A jury in the Supreme Court of New York for Erie County convicted Mario R. Liberta of forcibly raping and sodomizing his estranged wife in violation of N.Y. Penal Law Secs. 130.35(1) and 130.50(1) (Mc...

  • United States v. Midland Asphalt Corporation C
    840 F2d 1040
    In December, 1987, respondents Midland Asphalt Corporation ("Midland") and Albert C. Litteer, the defendants in an ongoing criminal antitrust prosecution in the United States District Court for the We...

  • American Disposal Services Inc v. R Obrien
    839 F2d 84
    This is an appeal from a judgment of the United States District Court for the District of Connecticut, T.F. Gilroy Daly, Chief Judge, dismissing plaintiff's civil rights complaint, brought pursuant to...

  • Brownsville Golden Age Nursing Home Inc v. Wells
    839 F2d 155
    Brownsville Golden Age Nursing Home, Inc. filed an action alleging that defendants engaged in a civil conspiracy, tortious interference with business relations, and malicious use of process designed t...

  • United States v. L Nichols
    840 F2d 11
    Andrew J. Nichols appeals the district court's dismissal of his 28 U.S.C. Sec. 2255 motion. Our review of the record discloses only one meritorious claim, which is that the district court did not ful...

  • Hankins Construction Company v. United States
    838 F2d 1194
    Hankins Construction Company (Hankins) appeals the judgment of the United States Claims Court, which after a full trial on the merits, denied Hankins' claim for additional compensation. Hankins sough...

  • Mohammed v. Packard
    840 F2d 11
    Sehid Mohammed, a Maryland inmate, appeals the judgment of the district court dismissing his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. In 1983 Mohammed was given a ten year sentence ...

  • United States v. Blackmon
    839 F2d 900
    This is an appeal from judgments of conviction entered in the United States District Court for the Southern District of New York after a jury trial before Judge Charles S. Haight, Jr. Derek Blackmon ...

  • Stephens v. Washington County Tennessee
    838 F2d 1215
    This case has been referred to a panel of this court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is ...

  • United States v. Browder
    838 F2d 1215
    This matter is before the court upon consideration of the appellant's response to this court's November 2, 1987, order directing him to show cause why his appeal should not be dismissed for lack of ju...

  • Williams v. P Lajewski Pearson
    838 F2d 1216
    Before NATHANIEL R. JONES and MILBURN, Circuit Judges, and JOINER, District Judge. This case has been referred to a panel of this court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon exami...

  • Muthig v. Brant Point Nantucket Inc
    838 F2d 600
    In 1984, Charles and Rhoda Muthig signed a contract to buy condominium property on Nantucket Island for about $20,000. After the seller (a property development company) refused to carry out the barga...

  • Cannon v. Us Parole Commission
    838 F2d 571
    Appeal From: D.C.D.C. AFFIRMED *. ...

  • Goforth v. Collins
    838 F2d 1215
    Goforth, a pro se Kentucky state prisoner, appeals the district court's sua sponte dismissal of his 42 U.S.C. Sec. 1983 action as frivolous pursuant to 28 U.S.C. Sec. 1915(d). This case has been refe...

  • United States v. Bolinger
    837 F2d 436
    Appellant Bolinger's petition for rehearing is DENIED. In light of allegations contained in appellant de la Fuente's petition for rehearing, we hereby delete section III A. of our prior opinion, 796 ...

  • United States v. Castro
    837 F2d 441
    Both the government and defendant-appellant Duque have moved for rehearing. We take this opportunity to explain our denial of both motions for rehearing and to correct a point in our original opinion...

  • Porter v. Jones
    838 F2d 1215
    This case has been referred to the court pursuant to Rule (a), Rules of the Sixth Circuit. Upon examination of the briefs and record, this panel unanimously agrees that oral argument is not needed. ...

  • United States v. Scartz
    838 F2d 876
    Defendant-appellant Vincent Scartz appeals his jury conviction for conspiracy to use and using counterfeit access devices in violation of 18 U.S.C. Sec. 1029(a)(1), (b)(2) and (c)(2) (1982). Scartz a...

  • Chicago v. Chicago
    840 F2d 1308
    Attorney David D. Rosenstein appeals from a district court order denying his application for attorney's fees to compensate him for his work on the bankruptcy court supervised reorganization of the Chi...

  • Corn v. Kemp
    837 F2d 1474
    On May 26, 1976, Charles Thomas Corn was convicted of armed robbery and murder in the Superior Court of Clayton County, Georgia, and was subsequently sentenced to death. Having found that the instruc...

  • Yatvin v. Madison Metropolitan School District
    840 F2d 412
    Joanne Yatvin, the principal of a public school in Wisconsin, brought suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e, and section 1 of the Civil Rights Act of 1871, now 42 ...

  • United States Postal Service v. National Association Of Letter Carriers
    839 F2d 146
    This is an appeal from a final order of the United States District Court for the Western District of Pennsylvania vacating an arbitration award as a violation of public policy. The district court's d...

  • Moeller v. Attorney General Of State Of South Dakota
    838 F2d 309
    This is a petition for habeas corpus brought under 28 U.S.C. Sec. 2254 by Kyle Chris Moeller, a prisoner in state custody. He claims that no rational jury could have found him guilty of the cocaine-...

  • Liberty Lobby Inc v. Dow Jones and Company Inc
    838 F2d 1287
    This is a libel action in which Liberty Lobby, Inc., a citizens' group, seeks fifty million dollars in compensatory and punitive damages from the publisher of The Wall Street Journal. After more th...

  • Anastasio 87 5225 v. Schering Corporation 87 5188
    838 F2d 701
    The appeal and cross-appeal before us arise out of an age discrimination suit brought by plaintiff Anthony J. Anastasio against his former employer, Schering Corporation (Schering). Anastasio claime...

  • Oliva v. Heller
    839 F2d 37
    This appeal raises the question of whether the absolute immunity enjoyed by judges in the exercise of their judicial authority extends to the actions of law clerks who assist judges in carrying out ju...

  • United States v. Moon Iii
    838 F2d 1210
    William Perrow Moon, III, appeals his conviction for possession of cocaine with the intent to distribute. 21 U.S.C. Sec. 841(a)(1). Moon claims that the district court committed reversible error in ...

  • Farrish v. Mississippi State Parole Board
    836 F2d 969
    Three state officials appeal from an adverse judgment in a civil rights suit concerning the denial of a Mississippi parolee's constitutional right to confront an adverse witness at a preliminary parol...

  • Williams v. Adams
    836 F2d 958
    Jack H. Tobias, Richard G. Bates, Jr., New Orleans, La., for plaintiff-appellant. Andrianne L. Baumgartner, Porteous, Hainkel, Johnson & Sarpy, Covington, La., James Reed Carter, New Orleans, La...

  • White v. Meachum
    838 F2d 1137
    Riley Bradford White, a prisoner in the custody of the Oklahoma Department of Corrections appearing pro se, appeals the United States District Court for the Western District of Oklahoma's dismissal of...

  • Watson v. J Westra
    838 F2d 472
    This case has been referred to a panel of the Court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and record, this panel agrees unanimously that oral argument is n...

  • McLouth Steel Products Corporation v. M Thomas Us
    838 F2d 1317
    This case presents a challenge by McLouth Steel Products Corporation to the Environmental Protection Agency's denial of its petition to exclude waste generated at its steel-making facility from EPA's ...

  • Curtis v. R Thompson
    840 F2d 1291
    Plaintiff Brenda Curtis appeals the district court's denial of her motion for a preliminary injunction. Her complaint seeks to enjoin the enforcement of an Illinois statute making it a crime to solic...

  • United States v. Coonan
    839 F2d 886
    This petition for a writ of mandamus involves an ongoing criminal RICO trial before Judge Knapp and arises because of the government's insistence that the jury, before determining guilt as to individu...

  • Alltel Corporation v. Federal Communications Commission
    838 F2d 551
    These petitions were brought by ALLTEL Corp. ("ALLTEL") and Telephone and Data Systems, Inc. ("TDS") for review of orders of the Federal Communications Commission ("FCC" or "Commission") regarding t...

  • United States v. Whitney
    838 F2d 404
    The opinion published at 785 F.2d 824 (9th Cir.1986) is amended. Changes are made in the section, "II. Discussion" as follows: A footnote is added following the first sentence in the second paragr...

  • Washington Post Company v. United States Department Of State
    840 F2d 26
    This appeal summons us to examine this case a second time. Again at issue is an order of the District Court requiring production by the Department of State of certain documents requested by the Washi...

  • Anthony v. Maryland Parole Commission G J J
    838 F2d 1209
    A review of the record and the district court's opinion discloses that this appeal from its order denying relief under 42 U.S.C. Sec. 1983 is without merit. Because the dispositive issues recently ha...

  • Wolfe v. Department Of Health and Human Services
    839 F2d 768
    Opinion for the court filed by Circuit Judge BORK in which STARR, SILBERMAN, BUCKLEY, WILLIAMS, D.H. GINSBURG and SENTELLE, Circuit Judges, join. Dissenting opinion filed by Chief Judge WALD with wh...

  • United States v. Calisto J
    838 F2d 711
    Appellant, Samuel Calisto, was charged with possession with intent to distribute methamphetamine, in violation of 21 U.S.C. Sec. 841(a)(1) (1982), and with receipt and possession of firearms after hav...

  • Kahey v. Jones
    836 F2d 948
    Appellant Kahey, an inmate at the Louisiana Correctional Institute for Women ("LCIW"), appeals from the magistrate's grant of summary judgment denying her demand to have the prison prepare, not just a...

  • Elliott v. Warden Seagoville Texas
    838 F2d 194
    Plaintiff, Elliott, appeals from the denial of his petition for a writ of habeas corpus. 28 U.S.C. Sec. 2254 (1977). In his petition, Elliott, a federal prisoner, claimed that the state of Tennessee...

  • United States v. Gordon
    836 F2d 1312
    On June 2, 1987, this Court held, inter alia, that there was sufficient evidence to support Spiver Whitney Gordon's convictions for mail fraud arising from the mailing of fraudulently marked absentee ...

  • United States v. Bennett
    836 F2d 1314
    In connection with the seizure of numerous bags of cocaine brought into Florida from Colombia, Robert Bennett was charged with two conspiracy counts and two substantive counts: 1) conspiracy to impor...

  • Williams v. R Cash Coi Jd
    836 F2d 1318
    Gene Williams appeals the district court's grant of summary judgment in favor of all defendants on his 42 U.S.C. Sec. 1983 claim. We affirm in part, reverse in part, and remand the case for trial as ...

  • United States v. Kirby
    838 F2d 189
    Following a jury trial, defendant, James Kirby, was convicted of conspiracy, 18 U.S.C. Sec. 371; counterfeiting, 18 U.S.C. Sec. 471; and passing and uttering counterfeit money, 18 U.S.C. Sec. 472. ...

  • Lyons v. Powell
    838 F2d 28
    James Lyons, who appears pro se, appeals from the district court's dismissal of his complaint for failure to state a cause of action, and from its denial of Lyons's motion for appointment of counsel. ...

  • McCall v. Us Postal Service
    839 F2d 664
    This petition is for review of a decision of the Merit Systems Protection Board (MSPB or board) dismissing William McCall's appeal of his removal for lack of jurisdiction because Mr. McCall had waived...

  • Deering v. M Brown
    839 F2d 539
    The fifth amendment "guarantees ... the right of a person to remain silent unless he chooses to speak in the unfettered expression of his own will, and to suffer no penalty ... for such silence." M...

  • Mahone v. Addicks Utility District Of Harris County
    836 F2d 921
    Plaintiff sued the Addicks Utility District, its officers and directors, and various businesses and individuals over the Utility District's decision not to annex a parcel of land plaintiff owned. Pla...

  • Sobel v. Yeshiva University
    839 F2d 18
    In his masterpiece Bleak House, Charles Dickens painted a scathing portrait of the hopeless complexity of the handling of cases in England's High Court of Chancery. Dickens wrote, "[T]hrough years an...

  • Holtan v. Black Holtan
    838 F2d 984
    The petitioner is under a Nebraska death sentence arising from a murder that took place on October 31, 1974, in Omaha, Nebraska. Holtan was convicted of first degree murder on February 9, 1976. His ...

  • United States Of America v. Thomas Andrews Townes Abshire
    838 F2d 1210
    Following a jury trial appellant was convicted of possession of cocaine with intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1), two counts of possession of firearms by a convicted felon in...

  • Hyde Park Partners Lp v. J Connolly Hyde Park Partners Lp
    839 F2d 837
    This case concerns the constitutionality of section 3 of the Massachusetts Take-Over Bid Regulation Act, Mass.Gen.L. ch. 110C (1986), and the efforts of plaintiffs-appellees Hyde Park Partners, L.P. a...

  • Wrenn v. P Benson
    838 F2d 472
    These consolidated appeals and motion have been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimous...

  • Phipps v. Edwards Jw R W
    838 F2d 471
    This pro se federal prisoner appeals from the district court's order which accepted, in part, the magistrate's report and recommendation and granted defendants' motion for summary judgment as to the a...

  • Apostol v. United States
    838 F2d 595
    Nicholas Apostol was injured when the small plane he was piloting crashed shortly after takeoff at San Juan International Airport in San Juan, Puerto Rico. Claiming that the crash was caused by conta...

  • Auto Parts Inc v. Schwartz
    838 F2d 964
    D & S Auto Parts (D & S), a retail auto parts dealer, purchased wholesale auto parts from defendant A.P. Walter Company, Inc. (Walter). Defendant Bernard Saul was the Walter salesperson assi...

  • United States v. Moore
    838 F2d 1210
    After a jury trial Glen Moore, the appellant, was convicted of knowingly receiving a firearm after having been convicted of a felony, in violation of 18 U.S.C. Sec. 922(h)(1). The appellant was a pa...

  • Pinney Dock and Transport Co v. Penn Central Corp
    838 F2d 1445
    These consolidated antitrust cases are before the court pursuant to 28 U.S.C. Sec. 1292(b) after a panel of this court granted permission on August 14, 1984 to appeal several orders of the United Stat...

  • United States v. Hamilton
    838 F2d 1210
    David Hamilton and Daniel Mirro were convicted, following a bench trial before a federal magistrate, of driving while intoxicated (third offense in ten years) and operating a motor vehicle after suspe...

  • Jones v. Truck Drivers Local Union No
    838 F2d 856
    Plaintiffs, five women, were office clerical workers at the Detroit terminal of the Square Deal Cartage Co., a company engaged in the transportation of automobiles to local dealerships. In August 197...

  • Faulkner v. State Maryland
    838 F2d 1209
    Roger M. Faulkner appeals from the district court's summary dismissal of his 28 U.S.C. Sec. 2254 petition attacking his convictions for assault with intent to murder, attempted robbery with a deadly w...

  • Hutchinson v. United States
    838 F2d 390
    Barbara Hutchinson appeals pro se the district court's grant of summary judgment in favor of all defendants in her action brought under the Federal Tort Claims Act, 28 U.S.C. Secs. 1346(b), 2671 et se...

  • Battle v. Calhoun County Sheriffs Department
    838 F2d 470
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument ...

  • United States v. G Shriver
    838 F2d 980
    Appellant Benny G. Shriver was accused in an indictment of setting fire to his home and music store and attempting to collect fire insurance proceeds; misrepresenting to the insurance company that he...

  • Mallard v. Roberts
    838 F2d 471
    Appellant Quinton Mallard appeals from the judgment of the district court in favor of the Madison County, Tennessee, Sheriff's Department and its Sheriff, Warren Roberts, in this civil rights action u...

  • Kauffman v. Puerto Rico Telephone Company
    841 F2d 1169
    The plaintiffs, ten former employees of the Puerto Rico Telephone Company ("PRTC"), appeal from a summary judgment entered by the United States District Court for the District of Puerto Rico in favor ...

  • Savidge v. Fincannon
    836 F2d 898
    This appeal presents two questions. The first involves the plaintiffs' eligibility to recover attorney's fees under 42 U.S.C. Sec. 1988 for legal work performed on an aspect of their case that became...

  • Montgomery v. United States Parole Commission
    838 F2d 299
    Collin Montgomery appeals from the district court's denial of his petition for a writ of habeas corpus, see 28 U.S.C. Sec. 2241. In his petition, Montgomery contended the United States Parole Commiss...

  • United States v. Jackson
    838 F2d 301
    Jessie Lee Jackson appeals his conviction for escaping federal custody in violation of 18 U.S.C. Sec. 751(a). On appeal Jackson argues the district court abused its discretion in failing to give his ...

  • Cf Dahlberg Co Inc v. Chevron Usa Inc
    836 F2d 915
    Appellant challenges the district court's granting summary judgment in favor of C.F. Dahlberg & Co., d.b.a. St. Mary, holding that St. Mary had established valid liens for furnishing services or s...

  • Grand Jury Proceedings Relative To Perl 1980 Grand Jury Proceedings Relative To Appert 1980
    838 F2d 304
    In 1980, a federal grand jury was convened to investigate the possibility of criminal violations arising out of the relationship between Willard Browne, a former Aetna Casualty and Surety Company insu...

  • United States v. Proctor
    838 F2d 1210
    This appeal is from the conviction of Maurice Cortez Proctor, Sr., for conspiring to violate civil rights in breach of 18 U.S.C. Sec. 241 (1982); witness tampering in violation of 18 U.S.C. Sec. 1512...

  • Ward v. United States
    838 F2d 182
    Plaintiffs Robert I. Ward and Ruth Ward, husband and wife, appeal the judgment of the district court for the defendant in this Federal Tort Claims Act case brought for the alleged medical malpractice ...

  • United States v. L Mosley
    838 F2d 472
    Appellant Elmer Mosley appeals from a jury verdict finding him guilty of armed bank robbery in violation of 18 U.S.C. Sec. 2113(a)(d). For the reasons set forth below, we AFFIRM appellant's convictio...

  • United States v. Franchi Forlando
    838 F2d 585
    The appellant, Orlando Franchi-Forlando, is an Italian citizen, living in Colombia. He was flying on Iberia Airlines from Colombia to Spain when his airplane made a scheduled stop in San Juan, Puerto...

  • United States v. Haueter
    838 F2d 472
    Donald Henry Haueter was indicted by a federal grand jury for three violations of the criminal laws: conspiracy to bribe the trustees of a union's welfare and pension plans in violation of 18 U.S.C. ...

  • Malone v. W Compton
    838 F2d 471
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is n...

  • Mills v. Criminal District Court
    837 F2d 677
    Fred Douglas Mills, filing pro se, appeals the district court's dismissal of his section 1983 claim against the prosecutor, his court appointed defense attorney and state court judge where he was trie...

  • United States v. Thompson
    837 F2d 673
    A person lawfully arrested has no reasonable expectation of privacy with respect to property properly taken from his person for inventory by the police. Later examination of that property by another ...

  • Knoll v. L Webster
    838 F2d 450
    After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See ...

  • Page v. J Jay
    838 F2d 471
    On July 8, 1982, Jan Jay, a Michigan court officer, in the company of Suzanne Stewart and Julius Jay, drove to the home of Raymond and Carolyn Page. Jan Jay went to the door of the home and advised R...

  • Rotar v. E Lindke
    838 F2d 471
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and record, this panel unanimously agrees that oral argument is n...

  • Jabbaar v. Campbell
    838 F2d 471
    Before KEITH, Circuit Judge, JOHN W. PECK, Senior Circuit Judge, and DOWD, District Judge. The defendants move the court to reconsider its order of August 10, 1987, affirming in part and vacating in...

  • Horton v. Young H
    838 F2d 471
    Plaintiff appeals the district court's judgment dismissing his civil rights action filed under 42 U.S.C. Sec. 1983 as insubstantial. The case has been referred to a panel pursuant to Rule 9(a), Rules...

  • United States v. Colvard
    838 F2d 1210
    The defendant, Ralph Neal Colvard, was convicted in the district court of unlawfully and willfully attempting to possess with intent to distribute cocaine in violation of 21 U.S.C. Secs. 841(a)(1) and...

  • Bell Beckwith McGraw v. M Connelly
    838 F2d 844
    Plaintiff Bankruptcy Trustee ("Trustee") appeals the judgment of the district court in favor of defendant William M. Connelly ("Connelly") on an award of attorney's fees. For the reasons that follow,...

  • United States v. Terrigno
    838 F2d 371
    Terrigno appeals her conviction after a jury trial for embezzlement and conversion of public funds in violation of 18 U.S.C. Sec. 641. She contends the district court abused its discretion in denying...

  • Moses v. Johnson
    838 F2d 1210
    Achilon Moses, a North Carolina inmate, seeks to appeal the district court's denial of relief under 28 U.S.C. Sec. 2254. We deny a certificate of probable cause to appeal and dismiss the appeal. Mo...

  • United States v. Thomas
    838 F2d 1210
    Clifton Thomas appeals from the district court's conviction of him for possession of heroin with the intent to distribute and for possession of marijuana. The facts of the case are as follows. Capt...

  • Aetna Casualty and Surety Company Inc v. Centennial Insurance Company
    838 F2d 346
    Appellants, excess insurers Centennial Insurance Company ("Centennial") and Atlantic Mutual Insurance Company ("Atlantic"), appeal a summary judgment for primary insurers Cincinnati Insurance Company ...

  • United States v. Betancourt
    838 F2d 168
    This case arose out of a complex laundering scheme for money derived from Colombian drug transactions. The scheme involved the transfer of cash to a courier in Miami. The courier would take the cash...

  • United States v. M Baldinger
    838 F2d 176
    This appeal requires us to decide whether letters mailed to customers of appellant's business associate falsely and maliciously stating that his associate was conducting polygraph examinations without...

  • Molton v. City Of Cleveland
    839 F2d 240
    Before us are cross-appeals by the defendant City of Cleveland, and plaintiff Martha Molton, Administrator for the estate of William Molton. Cleveland appeals from a jury verdict in plaintiff's favor...

  • United States v. Lanier
    838 F2d 281
    Charles Lanier appeals from a judgment of conviction entered by the District Court upon a jury verdict finding him guilty of mail fraud, fraud involving interstate commerce, and aiding and abetting in...

  • Perkins v. E Grammer
    838 F2d 294
    Brian K. Perkins appeals from a final order entered in the District Court for the District of Nebraska denying his petition for a writ of habeas corpus brought under 28 U.S.C. Sec. 2254. For reversal...

  • Bennett v. Hot Spring County Sheriffs Department
    838 F2d 291
    Larry Bennett appeals from a final judgment of the district court entered in favor of the Hot Spring County Sheriff's Department and Doyle Cook, the Hot Spring County Sheriff. Bennett brought this ac...

  • Heirs Of Garvey v. Sion Farm Esso Service Center
    838 F2d 98
    The heirs of Norman Garvey appeal from an order of the District Court of the Virgin Islands dismissing their Petition for Review of a decision of the Virgin Islands Criminal Victims Compensation Commi...

  • United States v. Wexler
    838 F2d 88
    This is a direct appeal by Robert C. Wexler following his conviction and sentencing for both a conspiracy and a substantive crime relating to distribution of hashish. Three questions are presented: ...

  • People Of Territory Of Guam v. M Ichiyasu
    838 F2d 353
    Appellant Ichiyasu appeals the decision of the appellate division of the district court of Guam affirming the Guam Superior Court's denial of his motion to suppress evidence and statements. We affirm...

  • United States v. Gelfuso
    838 F2d 358
    Michael Gelfuso, Peter John Milano and Luigi Gelfuso appeal from the district court's orders denying their motions for reconsideration of their pretrial detention orders under the Bail Reform Act of 1...

  • Puckett
    838 F2d 471
    Consumer Lease Network, Inc. (CLN) appeals from the district court's March 12, 1987 order affirming the bankruptcy court's decision which held that the agreements Nancy Sue Puckett, Barbara Guess Ham...

  • Oahu Gas Service Inc v. Pacific Resources Inc
    838 F2d 360
    Oahu Gas Services, Inc., sued Pacific Resources, Inc., under Section 2 of the Sherman Act for monopolization and attempted monopolization of propane sales in Hawaii. Oahu Gas alleged that Pacific Res...

  • Matthews v. United States
    838 F2d 471
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument ...

  • McGee v. State Of Maryland J
    838 F2d 1210
    John Smith McGee, while on probation for the criminal assault of his wife, filed this pro se habeas corpus action seeking to have the state court conviction set aside. The habeas petition alleged vio...

  • Keller v. H McNamara Doc
    838 F2d 1210
    Michael Dean Keller seeks to appeal the district court's denial of his 28 U.S.C. Sec. 2254 petition for habeas corpus relief. He alleges that his North Carolina conviction for the second degree murde...

  • Jackson v. L Dugger
    837 F2d 1469
    Petitioner Ronald Jackson was convicted of first degree murder and sentenced to death by the Circuit Court of Dade County Florida. This sentence was upheld by the Florida Supreme Court on direct appe...

  • Hickson v. Burkhart
    838 F2d 1209
    Gloria Hickson, a federal inmate at the time this action was filed, appeals the district court's dismissal of her complaint for failure to state a claim for relief. Hickson originally filed this com...

CUSTOM EMAIL ALERTS!

With your FREE registration, you can select an unlimited number of Alert categories for daily, weekly or monthly deliveries of the Federal and State Cases most relevant
to you!

Click Here to sign up.

 



All Content © 2007-2012 The Judicial View, L.L.C. All Right Reserved.
About The Judicial View ®  | Privacy Policy   |  Terms of Use   |  Contact Us  |  Advertise