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  • United States v. L Brown
    878 F2d 382
    Defendant, Terrence L. Brown ("Brown") appeals his jury conviction for possession with intent to distribute cocaine base ("crack"). Brown contends that the initial stop and subsequent search was not ...

  • United States v. Tyler Tyler
    878 F2d 753
    In this appeal from a criminal conviction, the defendant raises several issues for review, the principal one being whether the government's filing of a petition for writ of mandamus tolls the running ...

  • Gun South Inc v. Brady E
    877 F2d 858
    The Secretary of the Treasury, the Director of the Bureau of Alcohol, Tobacco and Firearms, and the Commissioner of the United States Customs Service (collectively "the Government") appeal the distric...

  • Littlewolf v. Lujan
    877 F2d 1058
    Appellants, members of the White Earth Band of the Chippewa Tribe, seek review of the district court's decision upholding the constitutionality of the White Earth Reservation Land Settlement Act of 19...

  • No 87 5738
    876 F2d 884
    The United States of America (the "Government") appeals a judgment against it on its complaint seeking the forfeiture of the defendant in rem, One 1980 Bertram 58' Motor Yacht known as the M/V Mologa ...

  • Hennepin County v. W Sullivan
    883 F2d 85
    This case presents cross-appeals from a District Court decision denying Hennepin County and Hennepin County Medical Center (collectively 'HCMC') immediate reimbursement under the Medicare statute, Tit...

  • Caplan v. United States
    877 F2d 1314
    The United States appeals the district court's judgment for plaintiffs entered after trial without a jury in this negligence action brought under the Federal Tort Claims Act, 28 U.S.C. Secs. 1346(b), ...

  • United States v. Estela Melendez
    878 F2d 24
    Appellant was ordered detained pending trial. He seeks appellate review of the detention order. He failed, however, to file a timely notice of appeal. His subsequent efforts to get his case into a ...

  • United States v. Doe M
    878 F2d 1546
    Dominic Santini, Lynn O'Brien, Ralph Rios, and Randy Parmeter appeal their convictions for unlawfully possessing marijuana with intent to distribute it (Counts I and II). Santini also appeals his con...

  • Jones v. Lujan
    883 F2d 1031
    This case presents the limited issue of whether attorney fees are available to a prevailing party who has proceeded pro se against the Government under the Equal Access to Justice Act ("EAJA") when th...

  • National Customs Brokers Forwarders Association Of America Inc v. United States 8900 Us
    883 F2d 93
    The National Customs Brokers & Forwarders Association of America, Inc. (NCBFAA) seeks review of a Federal Maritime Commission (FMC or Commission) order dismissing the NCBFAA's petition to initiat...

  • Meriwether v. A Coughlin Iii R
    879 F2d 1037
    This class action involves the claims of New York State prisoners that their civil rights were violated when they were transferred to different prisons and beaten in 1980. After a jury found for the ...

  • Bevill v. Spencer
    878 F2d 742
    The ultimate question for decision in these appeals by purchasers of federal government securities repurchase agreements ("repos"), is whether the Chapter 11 bankruptcy trustee of a bankrupt securitie...

  • Mid South Bottling Company v. National Labor Relations Board
    876 F2d 458
    Mid-South Bottling Company appeals the National Labor Relations Board's remedial order directing Mid-South to reopen and resume operations of one of its facilities. While Mid-South does not dispute t...

  • Brewer v. Ham P E
    876 F2d 448
    Cloerine Brewer, Tae Chin Gilmore and Humberto Flores appeal the district court's denial of their application for a declaratory judgment and injunction against the Killeen Independent School District'...

  • Dunston v. United States
    878 F2d 648
    Robert Dunston, pro se, appeals from a judgment of the United States District Court for the Western District of New York, John T. Elfvin, Judge, resentencing him pursuant to a motion filed under 28 U....

  • United States v. Tutino
    883 F2d 1125
    Bruce Cutler, New York City, for Tutino. Christine Yaris, New York City, for Larca. George Santangelo, Santangelo, Santangelo & Cohen, New York City, for Guarino. John L. Poll, Todtman, Hoff...

  • Sanchez v. United States
    878 F2d 633
    Plaintiff Pablo Sanchez appeals from a final judgment of the United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, dismissing his complaint under the Federal T...

  • Fox Valley Vicinity Construction Workers Pension Fund v. Brown
    879 F2d 249
    This is an interpleader action filed by the Fox Valley & Vicinity Construction Workers Pension Fund ("Fund") to determine the proper recipient of a death benefit payable because of the death of Fu...

  • San Antonio Metropolitan Transit Authority v. McLaughlin G
    876 F2d 441
    In this case we consider whether an employee who sued his employer for overtime pay pursuant to section 16(b) of the Fair Labor Standards Act is entitled to an award of attorney's fees and costs after...

  • Board Of Trustees Of State University Of New York v. Fox
    492 US 469
    This case presents the question whether governmental restrictions upon commercial speech are invalid if they go beyond the least restrictive means to achieve the desired end. * The State University ...

  • United States v. Pandozzi
    878 F2d 1526
    William Pandozzi appeals from his conviction for perjury before a grand jury. 18 U.S.C. Sec. 1623(a). Pandozzi worked as a foreman and truck driver for a waste management company, MacDonald & Wa...

  • United States v. Diaz
    878 F2d 608
    Appeal from judgments of conviction entered in the United States District Court for the Eastern District of New York, Nicholas J. Tsoucalas, Judge, United States Court of International Trade, sitting ...

  • United States v. Wilson
    878 F2d 921
    Defendant Lawrence Wilson appeals the sentence imposed by the district court pursuant to the Federal Sentencing Guidelines (the guidelines), which were promulgated pursuant to the Sentencing Reform Ac...

  • Ramsey v. Brennan
    878 F2d 995
    Steven Lynn Ramsey, a federal prison inmate, claims that he should have received credit toward his prison sentence for the 96 days that he served in a halfway house before his criminal trial. Arreste...

  • United States v. Walker
    878 F2d 1431
    Sherrell Eugene Walker appeals his convictions for assault (18 U.S.C. Sec. 113(d)), arson (18 U.S.C. Sec. 81) and theft (18 U.S.C. Sec. 661). Walker's sole argument for reversal is that the governmen...

  • United States v. Brenna
    878 F2d 117
    Joseph Brenna appeals his conviction for knowingly transporting monetary instruments in excess of $10,000 of United States currency without filing a Report of International Transportation of Currency,...

  • United States v. Parker
    877 F2d 327
    Appellant Kenneth Wayne Parker appeals his conviction of two counts of conspiracy. We have examined Parker's asserted grounds for reversal, and, finding them unavailing, affirm. Parker was indicted...

  • Neighbors Organized To Insure Sound Environment Inc v. T McArtor
    878 F2d 174
    In this action under the National Environmental Policy Act ("NEPA"), 42 U.S.C. Sec. 4321 et seq., plaintiff-appellant Neighbors Organized to Insure a Sound Environment ("NOISE") appeals from the summa...

  • Yauk v. Director Owcp Us Department Of Labor
    912 F2d 192
    Betty Yauk petitions for review of a final decision of the United States Department of Labor Benefits Review Board (board) denying her claim for survivor's black lung benefits. For reversal, petition...

  • Spann Spann v. Tyler Independent School District
    876 F2d 437
    Janet Spann, as next friend of Jason Burrow Spann, brought this section 1983 suit against the Tyler, Texas, Independent School District for the sexual abuse suffered by Jason from a school bus driver,...

  • Peduto v. City Of North Wildwood
    878 F2d 725
    This case arises from a claim by appellants John M. Peduto and El-Ro, Inc. that a temporary sewer moratorium and construction ban imposed by the City of North Wildwood, New Jersey constituted a compen...

  • Brendale v. Confederated Tribes and Bands Of The Yakima Indian Nation Wilkinson
    492 US 408
    1. The Tribe does not have authority to zone fee lands owned by non-members within the reservation. Pp. 421-433. (a) Any regulatory power the Tribe might have under its treaty with the United State...

  • Rossbach v. United States
    878 F2d 1088
    Donald Rossbach, a Native American Indian, appeals pro se from the final order of the District Court for the District of Minnesota denying his petition for a writ of habeas corpus. We affirm. Afte...

  • Perpich Iii v. United States Department Of Defense W O C R Us
    880 F2d 11
    In this opinion, we address a challenge to the constitutionality of the Montgomery Amendment, which restricts the power of state governors to withhold consent to federal deployment of the National Gua...

  • United States v. Huerta
    878 F2d 89
    This appeal involves the constitutionality of 18 U.S.C. Sec. 3553(e) (West Supp.1988), which states that "upon motion of the government" a defendant may be eligible for a sentence below the statutory ...

  • Rosenstein v. City Of Dallas Texas
    876 F2d 392
    This appeal challenges a judgment against the City of Dallas for violation of the plaintiff's due process rights under federal civil rights law and against Donald Milliken and the city for slander und...

  • Dixon v. Maryland State Administrative Board Of Election Laws
    878 F2d 776
    In this case plaintiffs--candidates for office and voters in a Baltimore City election--challenge provisions of Maryland's general election laws. The challenged laws require that non-indigent write-i...

  • Green v. Baron
    879 F2d 305
    In this civil rights suit, James Byron Green sued various medical officials and staff members of the Iowa Security and Medical Facility located at Oakdale, Iowa (Oakdale). See 42 U.S.C. Sec. 1983 (Su...

  • Gulf South Pipeline Company v. Federal Energy Regulatory Commission
    876 F2d 431
    In the appeal of Gulf South Pipeline Company (Gulf South) the principal question is whether the Federal Energy Regulatory Commission (FERC) has delegated to the Director of the Office of Pipeline and ...

  • Sweet Life v. Dole
    876 F2d 402
    The Sweet Life, a furniture manufacturer and retailer, appeals from the district court's decisional composition in this case, contending that the judgment below is marred by sour notes. We decline th...

  • Rev Timothy L Lewis
    878 F2d 714
    This appeal presents two novel questions of law in this Circuit involving a prisoner serving a sentence under the Youth Corrections Act. The prisoner was convicted of another crime while serving the ...

  • United States v. J Kordosky
    878 F2d 991
    On May 11, 1988, a grand jury returned a one-count indictment charging Susan Kordosky with possession of cocaine with intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1). Before trial, Kord...

  • Pennington v. Vistron Corporation Rj
    876 F2d 414
    Betty Pennington appeals a summary judgment in favor of the manufacturers of the cigarettes that her deceased husband had smoked for many years. In a products liability suit governed by Louisiana law...

  • United States v. Servis
    878 F2d 1431
    Micah Lee Servis appeals from his conviction of assault in violation of 18 U.S.C. Sec. 113(f). He contends that the district court erred in admitting certain photographs of the victim's injuries. He...

  • Singer v. Olympia Brewing Company
    878 F2d 596
    Defendant Olympia Brewing Company (Olympia) appeals from an order of the United States District Court for the Eastern District of New York, Joseph M. McLaughlin, Judge, denying Olympia's alternative m...

  • Austin v. Berryman
    878 F2d 786
    We have before us for en banc reconsideration an appeal taken from an action successfully brought by Barbara Austin in the United States District Court for the Western District of Virginia against the...

  • Solar Turbines Incorporated v. M Seif Iii Solar Turbines Incorporated 88 5623
    879 F2d 1073
    The consolidated appeals and the petition for review in this case are from the preliminary skirmishes in the Environmental Protection Agency's (EPA's) attempt to prevent Solar Turbines Inc., a subsidi...

  • Fleming v. At and T Information Services Inc
    878 F2d 1472
    After being fired by AT & T, Quince Fleming sued the company for breach of an alleged employment contract and for slander. The district court (Richey, J.), applying District of Columbia law, gran...

  • Shahawy v. T Harrison F
    875 F2d 1529
    Antitrust, civil rights, and defamation rulings are reviewed in this case arising from a public hospital board's termination of a physician's medical staff membership and other privileges. We affirm ...

  • Kerr v. City Of West Palm Beach
    875 F2d 1546
    In this case, individuals brought suit against the City of West Palm Beach, its former chief of police, and two police officers. The plaintiffs alleged that they had suffered serious injuries as a r...

  • Wehunt v. G Ledbetter
    875 F2d 1558
    Presently before the court is a challenge to the program established under the Aid to Families with Dependent Children (AFDC), 42 U.S.C. Secs. 651 et seq. (1982 & Supp. III 1985), by recipients...

  • United States v. Bortnovsky
    879 F2d 30
    Elizabeth Glazer, New York City, Asst. U.S. Atty. for the S.D.N.Y. (Benito Romano, U.S. Atty., Kerry Martin Bartlett, Asst. U.S. Atty., of counsel), for appellee. Julia Pamela Heit, New York City, ...

  • Dickerson Inc v. United States
    875 F2d 1577
    In this Federal Tort Claims Act (FTCA) suit against the United States for damages resulting from improper disposal of hazardous waste materials, we affirm the district court's judgment against the Gov...

  • Jones v. E Jenkins
    878 F2d 1476
    On November 17, 1987, this court issued the opinion in Jones v. McKenzie, 833 F.2d 335 (D.C.Cir.1987). On April 3, 1989, the Supreme Court vacated our judgment and the case was remanded for further c...

  • United States v. Molinaro
    877 F2d 1341
    Michael Molinaro and his son and daughter, Richard and Linda Molinaro, were each convicted following a jury trial of one count of conspiracy to distribute cocaine in violation of 21 U.S.C. Sec. 846, a...

  • Tanner v. A Heise B
    879 F2d 572
    Appellant Steve Tanner brought a section 1983 civil rights action against various law enforcement officials from the City of Bonners Ferry and Boundary County in Idaho. Tanner also named as defendant...

  • Wood v. C Ostrander
    879 F2d 583
    Linda Wood brought this action under 42 U.S.C. Sec. 1983 against Washington State Trooper Steven Ostrander and his wife, and Neil Maloney, Chief Officer of the Washington State Patrol and his wife. W...

  • Schneider v. Indian River Community College Foundation Inc L
    875 F2d 1537
    Brian Schneider and Thomas Cosgrove, the appellants, brought suit against the Indian River Community College Foundation, Inc., Herman Heise, Ira McAlpin, Jr., Standish L. Crews, and Guy N. Cromwell, t...

  • Wilson Electrical Contractors Inc v. Minnotte Contracting Corporation
    878 F2d 167
    Minnotte Contracting Corporation appeals the district court's denial of its motion to reconsider the Magistrate's order denying a stay of proceedings pending arbitration of this breach of contract dis...

  • American Federation Of Government Employees v. Federal Labor Relations Authority
    878 F2d 460
    Dissenting opinion filed by Circuit Judge BOGGS. The Veterans Administration reprimanded Lonnie Carter, a VA employee and President of Local 2031 of the American Federation of Government Employees, ...

  • United States v. Morris
    878 F2d 252
    David Eugene Morris appeals his conviction on a plea of no contest to one count of obstruction of correspondence under 18 U.S.C. Sec. 1702. Morris argues the district court abused its discretion when...

  • United States v. Cunningham
    878 F2d 311
    Randall Gene Cunningham (Cunningham) appeals the district court's use of his Oregon second-degree felony burglary conviction for statutory sentence enhancement under the Armed Career Criminal Act (the...

  • Simms v. W Sullivan
    877 F2d 1047
    Roscoe C. Simms challenges a district court order, granting summary judgment to the Secretary of Health and Human Services, who denied Simms's application for disability benefits under the Social Secu...

  • Lee v. Thornburgh
    877 F2d 1053
    This appeal requires us to consider when Secs. 106, 110(b) and 110(d) of the National Historic Preservation Act ("NHPA"), codified at 16 U.S.C. Secs. 470f, 470h-2(b) and 470h-2(d) (1982), impose oblig...

  • United States v. G Colyer
    878 F2d 469
    William G. Colyer appeals his conviction for unlawful possession with intent to distribute 500 grams or more of cocaine in violation of 21 U.S.C. Sec. 841(a) (1982). During pretrial proceedings, Coly...

  • United States v. Sanchez Vargas
    878 F2d 1163
    Appellant Juan Manuel Sanchez-Vargas appeals his convictions for bringing an alien into the United States in violation of 8 U.S.C. Secs. 1324(a)(1)(A) and transporting an alien within the United State...

  • Jb Lovell Corporation Jb Lovell Corporation v. Carlisle Corporation
    876 F2d 96
    The issue in this bankruptcy appeal is whether a debtor's conversion of a Chapter 7 involuntary proceeding to a Chapter 11 proceeding renders moot its appeal to the district court from the Bankruptcy ...

  • Penry v. A Lynaugh
    492 US 302
    1. Granting petitioner relief on his claim that when mitigating evidence of mental retardation and an abused childhood is presented, Texas juries must, upon request, be given instructions that allow t...

  • United States v. J Szilagyi
    878 F2d 383
    Szilagyi appeals, pro se, from a criminal conviction of four counts of tax evasion. Szilagyi claims that the creation of the district court "without vesting it with full judicial powers" was an impro...

  • United States v. Santos Vanegas
    878 F2d 247
    Julio Cesar Santos-Vanegas, an immigrant who was deported to his native El Salvador on April 13, 1986, was arrested on March 15, 1988 for the felony of unlawful re-entry into the United States after d...

  • Browning Ferris Industries Of Vermont Inc v. Kelco Disposal Inc
    492 US 257
    We face here the questions whether the Excessive Fines Clause of the Eighth Amendment applies to a civil-jury award of punitive or exemplary damages, and, if so, whether an award of $6 million was exc...

  • Hj Inc v. Northwestern Bell Telephone Company
    492 US 229
    The Racketeer Influenced and Corrupt Organizations Act (RICO or Act), Pub.L. 91-452, Title IX, 84 Stat. 941, as amended, 18 U.S.C. §§ 1961-1968 (1982 ed. and Supp. V), imposes criminal and c...

  • Duckworth v. Eagan
    492 US 195
    Respondent confessed to stabbing a woman nine times after she refused to have sexual relations with him, and he was convicted of attempted murder. Before confessing, respondent was given warnings by ...

  • United States v. O Rebll
    878 F2d 298
    Richard O. Reb'll was convicted by a jury of embezzling more than $100 from the United States in violation of 18 U.S.C. Sec. 641 (1982). He appeals to this court, asserting that (1) his motion for a ...

  • In Re Grand Jury Proceedings Appeal Of Joseph Howald
    877 F2d 849
    Joseph Howald appeals from the denial of his motion for release from civil contempt for his failure to testify before Grand Jury 87-4 in Miami. Howald was subpoenaed to testify before the grand jury ...

  • United States v. Hewin
    877 F2d 3
    This appeal concerns the district court's application of the sentencing guidelines to the conviction of Thomas Lee Hewin for conspiracy to possess marijuana with intent to distribute. Thomas Lee Hew...

  • Shah v. United States
    878 F2d 1156
    Shah, a federal prisoner, appeals from the denial of his 28 U.S.C. Sec. 2255 motion to vacate his sentence. Shah's principal contention is that the district court erred by failing to grant an evident...

  • Stevenson v. Koskey
    877 F2d 1435
    This analysis continued in Daniels v. Williams, 474 U.S. 327, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986). In that case, a prison guard left a pillow on the stairway. There was no evidence that he intended...

  • Angelina Casualty Company v. Exxon Corporation Usa Inc
    876 F2d 40
    In February 1985, Point Marine, Inc. and Exxon entered into a "continuing time charter" drafted by Exxon, in which Point Marine agreed to furnish Exxon with the services of vessels and personnel for E...

  • Kendra Oil Gas Inc v. Homco Ltd
    879 F2d 240
    Attempts to drain a pool of oil too fast, or at too many places, may diminish net extractions. States therefore limit access to proven oil fields. "Prorate" systems credit owners with part of the pr...

  • Trevino v. General Dynamics Corporation Trevino
    876 F2d 1154
    Treating the suggestion for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. The judges in regular active service of this Court having been polled at t...

  • United States v. Mitchell
    876 F2d 1178
    In October of 1987 agents from the FBI, New Orleans police department and Louisiana state police contacted the defendant at his place of business and advised him that they had reason to believe that h...

  • Mayer v. Chesapeake Insurance Company Limited Dwg Nvf Apl Ptc
    877 F2d 1154
    Plaintiff Mary Mayer appeals from a final judgment entered in the United States District Court for the Southern District of New York following a bench trial before John F. Keenan, Judge, awarding $4,8...

  • Kivel v. United States
    878 F2d 301
    Joseph Kivel and Marilyn B. Mansour (the plaintiffs) brought suit under 26 U.S.C. Sec. 7426(a)(1) and (b)(1) seeking relief from the seizure of their property by the Internal Revenue Service. The cas...

  • Le Gals Inc v. United States
    878 F2d 1447
    Le-Gals, Inc. appeals from the decision of the National Aeronautics and Space Administration Board of Contract Appeals (Board), NASA BCA No. 1285-15, 88-2 BCA p 20,703, denying its claims for increase...

  • Phillips v. General Services Administration
    878 F2d 370
    A. Marie Phillips (petitioner) appeals the decision of the Merit Systems Protection Board (board), Docket No. DC07528710464, Phillips v. General Services Administration, 38 M.S.P.R. 206 (1988). We re...

  • Nieto v. Sullivan
    879 F2d 743
    Petitioner-appellant Gilbert Nieto appeals from the district court's order dismissing his petition for a writ of habeas corpus and adopting the findings and recommendations of the Magistrate. Petitio...

  • Lionsgate Corporation v. United States
    878 F2d 1447
    Lionsgate Corporation (Lionsgate) appeals the decision of the Corps of Engineers Board of Contract Appeals (Board), ENG BCA No. 5393, 88-2 B.C.A. (CCH) p 20,770, denying claims for equitable adjustme...

  • United States v. Johnson
    878 F2d 380
    Jerry Lee Johnson appeals from the district court's order denying his motion brought pursuant to Federal Rules of Criminal Procedure 35(a) and 32(c)(3)(D) challenging the accuracy of a portion of his ...

  • Collins v. Womancare
    878 F2d 1145
    The contentious public debate over the propriety of abortions forms the background of the appeal before us. As an outgrowth of a picketing episode, the district court entered a judgment awarding dama...

  • United States v. Myers
    878 F2d 1142
    On August 13, 1987, appellant Ralph William Myers flew his single-engine airplane into the prohibited airspace over President Reagan's California ranch. The timing of his flight coincided with that o...

  • Commonwealth Edison Co v. United States Department Of Energy
    877 F2d 1042
    In this petition for review of a decision by the U.S. Department of Energy ("DOE") Board of Contract Appeals, the Commonwealth Edison Company ("Commonwealth Edison") challenges DOE's application of an...

  • United States v. Cantu
    876 F2d 1134
    Jose Oscar Cantu appeals his conviction by a jury of conspiracy to import in excess of 100 grams of heroin, 21 U.S.C. Sec. 963, two counts of importing heroin, 21 U.S.C. Sec. 952(a), conspiracy to dis...

  • United States v. Marcello
    876 F2d 1147
    Convicted of conspiring to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. Sec. 1962(d) (1976), Carlos Marcello and Charles E. Roemer, II petition for relief under 28 ...

  • United States v. Glomb
    877 F2d 1
    Andrew Michael Glomb pled guilty to a count of conspiracy to possess cocaine with intent to distribute, on the condition that he be allowed to appeal the question whether his fourth amendment rights w...

  • Mariani Giron v. Acevedo Ruiz
    877 F2d 1114
    Plaintiff William Mariani Giron brought this action under 42 U.S.C. Sec. 1983 (1982) alleging that the defendant, Heriberto Acevedo Ruiz, the director of Puerto Rico's Commonwealth Civil Defense Agenc...

  • Department Of Air Force Sacramento Air Logistics Center McClellan Air Force Base California v. Federa
    877 F2d 1036
    The issue in these consolidated cases is whether the Federal Labor Relations Authority ("FLRA" or "Authority") may direct federal agencies to pay travel expenses and per diems to their employees who a...

  • Southern Air Transport Inc v. American Broadcasting Companies Inc
    877 F2d 1010
    Southern Air Transport alleges that an American Broadcasting Companies television report created the false and defamatory impression that Southern Air had acted in partnership with the government of S...

  • United States v. Bonanno Organized Crime Family Of La Cosa Nostra
    879 F2d 20
    Peter R. Ginsberg, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Robert L. Begleiter, Thomas A. Carr, Asst. U.S. Attys., E.D.N.Y., Brooklyn, N.Y., of counsel), ...

  • Sable Communications Of California Inc v. Federal Communications Commission
    492 US 115
    The issue before us is the constitutionality of § 223(b) of the Communications Act of 1934. 47 U.S.C. § 223(b) (1982 ed., Supp. V). The statute, as amended in 1988, imposes an outright ban...

  • Nelson v. F Ada T C P B N T
    878 F2d 277
    The petitioners, Gloria Nelson and Ione Wolf, were officials in the Guam Department of Education, appointed to their positions by elected school boards. In 1987 the governor removed Nelson and Wolf f...

  • Gooding v. Shearson Lehman Brothers Inc J W Gooding
    878 F2d 281
    Shearson Lehman Brothers, Inc. and Phillip J. Failla, a broker then employed by Shearson, (collectively referred to as Shearson) appeal (No. 88-5506) from the district court's denial of its motion to ...

  • United States v. Bedoya
    878 F2d 73
    This is an appeal from a sentence imposed by the United States District Court for the Eastern District of New York (Korman, Judge ), under the Sentencing Guidelines. See United States Sentencing Comm...

  • United States v. Wright
    878 F2d 380
    Appellants were indicted for armed bank robbery in violation of 18 U.S.C. Sec. 2113(a) and (d); use of a firearm in the commission of a felony in violation of 18 U.S.C. Sec. 924(c); and conspiracy t...

  • Bryan v. Northrop
    878 F2d 381
    Plaintiff Robert O. Bryan, a Michigan state prisoner, filed a pro se complaint under 42 U.S.C. Sec. 1983. Plaintiff alleges that he was deprived of his constitutional rights while incarcerated in the...

  • United States v. Bilecki
    876 F2d 1128
    In this case, the defendants challenge the district court's refusal to grant a new trial after it was discovered that a peremptorily challenged venireman accidentally served in the place of a proper m...

  • United States Department Of Justice v. Tax Analysts
    492 US 136
    The question presented is whether the Freedom of Information Act (FOIA or Act), 5 U.S.C. § 552 (1982 ed. and Supp. V), requires the United States Department of Justice (Department) to make availa...

  • Poynor v. Us Parole Commission
    878 F2d 275
    William C. Poynor appeals the denial of his petition for habeas corpus. Poynor presently is serving lengthy state court sentences for aggravated assault and armed robbery. He was arrested on those c...

  • Public Employees Retirement System Of Ohio v. M Betts
    492 US 158
    The Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, as amended, 29 U.S.C. § 621 et seq. (1982 ed. and Supp. V), forbids arbitrary discrimination by public and private employers...

  • Hoffman v. Connecticut Department Of Income Maintenance
    492 US 96
    The issue presented by this case is whether § 106(c) of the Bankruptcy Code, 11 U.S.C. § 106(c), authorizes a bankruptcy court to issue a money judgment against a State that has not filed a ...

  • Shaver v. Secretary Of Health and Human Services
    878 F2d 382
    Shaver appeals from a final decision of the Secretary denying him disability benefits based on a determination that he retains the residual functional capacity to perform the full range of sedentary w...

  • Independent Federation Of Flight Attendants v. B Zipes
    491 US 754
    Section 706(k) of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(k), provides in relevant part that a "court, in its discretion, may allow the prevailing party, other than the [Equal Employmen...

  • Caplin Drysdale Chartered v. United States
    491 US 617
    We are called on to determine whether the federal drug forfeiture statute includes an exemption for assets that a defendant wishes to use to pay an attorney who conducted his defense in the criminal c...

  • Harte Hanks Communications Inc v. Connaughton
    491 US 657
    A public figure may not recover damages for a d famatory falsehood without clear and convincing proof that the false "statement was made with 'actual malice'—that is, with knowledge that it was...

  • United States v. Cook
    880 F2d 1158
    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...

  • In The Matter Of Grand Jury Proceedings Operation Gateway Appeal Of James Charles Dugan
    877 F2d 632
    Back for a second bite at the apple is James Charles Dugan, who when last here, 839 F.2d 390 (7th Cir.1988), failed to persuade us that United States v. Sells Engineering, Inc., 463 U.S. 418, 103 S.Ct...

  • Hemon v. Office Of Public Guardian
    878 F2d 13
    Petitioner-appellant Roland Hemon filed a petition for a writ of habeas corpus in the District Court for the District of New Hampshire on March 25, 1988. The petition sought a federal court order nul...

  • Jett v. Dallas Independent School District Dallas Independent School District
    491 US 701
    1. A municipality may not be held liabl for its employees' violations of § 1981 under a respondeat superior theory. The express "action at law" provided by § 1983 for the "deprivation of ....

  • International Brotherhood Of Teamsters Chauffeurs Warehousemen Helpers Of America v. Southwest Airlin
    875 F2d 1129
    This case presents the question whether the union's objection to the unilateral imposition of a comprehensive, mandatory drug testing program constitutes a "major" dispute under the Railway Labor Act ...

  • United States v. Rule Industries Inc
    878 F2d 535
    Pursuant to a contract with the General Services Administration ("GSA"), defendant Rule Industries, Inc. ("Rule") supplied the United States government with hacksaw blades. Rule had certified in the...

  • Yerardis Moody Street Restaurant Lounge Inc v. Board Of Selectmen Of Town Of Randolph J Semensi J A
    878 F2d 16
    This civil rights case is before us on interlocutory appeal from the district court's denial of the individual defendants' motion for summary judgment on the issue of qualified immunity. The case ari...

  • United States v. Gordon
    876 F2d 1121
    Defendants-appellants Thomas Jefferson Gordon (Gordon) and Larry Lawrence Johnson (Johnson) were convicted for distribution of cocaine in violation of 21 U.S.C. Sec. 841(a)(1) and conspiracy to distri...

  • United States v. Gunter
    876 F2d 1113
    Defendants-appellants Bobbie Jean Gunter (Gunter) and Virginia Thomas (Thomas) were convicted in the district court of bank fraud in violation of 18 U.S.C. Sec. 1344, making false statements to a bank...

  • Calamia v. City Of New York J
    879 F2d 1025
    Defendants City of New York ("City"), City Police Detective Kevin Sutton, et al., appeal from an amended final judgment entered in the United States District Court for the Eastern District of New York...

  • United States v. Gray
    878 F2d 702
    Appellant Tyrone Gray appeals from the order of the district court denying his motion to vacate, set aside or correct sentence under 28 U.S.C. Sec. 2255 on the ground of ineffective assistance of coun...

  • United States v. Sanchez Lopez
    879 F2d 541
    Epifanio Sanchez-Lopez, Brijido Astorga-Ayon, Antonio Martinez-Ortega, and Guillermo Sanchez-Lopez (appellants) appeal from the district court's judgment of conviction for conspiracy to distribute coc...

  • Lovell v. One Bancorp W Pape
    878 F2d 10
    Frederick W. Pape, Jr., defendant-appellant, has filed this interlocutory appeal from the district court's denial of his claim of qualified immunity. Because we find that Pape, a private party, has n...

  • Channell v. United States Irs
    877 F2d 62
    Before RALPH B. GUY, Jr. and RYAN, Circuit Judges; and DAVID D. DOWD, District Judge. In these consolidated appeals, Randall Channell, a pro se Kentucky resident, appeals the district court's judgm...

  • Plaza Health Laboratories Inc v. A Perales
    878 F2d 577
    Plaintiff Plaza Health Laboratories, Inc. ("Plaza"), a suspended provider of health-care services in the New York State Medical Assistance Program ("Medicaid"), appeals from an order of the United St...

  • United States v. George
    877 F2d 63
    This interlocutory appeal raises only one issue: whether prosecution of defendant-appellant Hyleme George is barred, under the Double Jeopardy Clause of the Fifth Amendment, by the dismissal "with pr...

  • The Florida Star v. Bjf
    491 US 524
    Florida Stat. § 794.03 (1987) makes it unlawful to "print, publish, or broadcast . . . in any instrument of mass communication" the name of the victim of a sexual offense. Pursuant to this statut...

  • Miller v. Town Of Hull Massachusetts
    878 F2d 523
    This civil rights case arises out of a dispute between members of the Hull Redevelopment Authority (HRA) and members of the Hull Board of Selectmen (Board). Defendants-appellants, the Town of Hull an...

  • Texas v. Johnson
    491 US 397
    After publicly burning an American flag as a means of political protest, Gregory Lee Johnson was convicted of desecrating a flag in violation of Texas law. This case presents the question whether his...

  • Public Citizen v. United States Department Of Justice Washington Legal Foundation
    491 US 440
    The Department of Justice regularly seeks advice from the American Bar Association's Standing Committee on Federal Judiciary regarding potential nominees for federal judgeships. The question before u...

  • 72950 Powelson More
    878 F2d 976
    This appeal involves the metamorphic role assigned to district courts by the Bankruptcy Act Amendments, 28 U.S.C. Secs. 157, 158 (Supp.1988), which accord both original and appellate jurisdiction to d...

  • United States v. S Zolin
    491 US 554
    This case arises out of the efforts of the Criminal Investigation Division of the Internal Revenue Service (IRS) to investigate the tax returns of L. Ron Hubbard, founder of the Church of Scientology ...

  • Pittsburgh Lake Erie Railroad Company v. Railway Labor Executives Association Pittsburgh and Lake Eri
    491 US 490
    These cases involve the interaction of three federal statutes with respect to the proposed sale of the rail line of the Pittsburgh and Lake Erie Railroad Co. (P & LE). The statutes are the Railwa...

  • Board v. California
    877 F2d 1415
    California Cooperative Creamery ("Cal Co-op") appeals from a judgment in favor of the Watsonville Frozen Food Welfare Trust Fund (the "Trust Fund") and its Board of Trustees (the "Board"). The Board ...

  • New York Times Company United States v. Regan
    878 F2d 67
    This is an expedited appeal from an oral order of the United States District Court for the Southern District of New York, Carter, J., barring counsel in the criminal case United States v. Regan, S88 C...

  • United States v. Iron Moccasin
    878 F2d 226
    Following a five-day jury trial, appellant Thomas Lionel Iron Moccasin was convicted of three counts in violation of 18 U.S.C. Secs. 1153 and 2242 (sexual abuse) and one count in violation of 18 U.S.C...

  • Melton v. City Of Oklahoma City A L R
    879 F2d 706
    These six appeals arise from a jury verdict and various post-trial orders entered by the United States District Court for the Western District of Oklahoma. Plaintiff, a police officer, was fired by t...

  • United States v. Shah W H J
    878 F2d 272
    Defendants appeal the district court's denial of their motions to dismiss the indictment or, in the alternative, to compel discovery of grand jury proceedings. We hold that the orders appealed from f...

  • United States v. T Bouthot
    878 F2d 1506
    The government appeals from two pretrial suppression orders in this criminal case. One order prohibited the government from using the defendants' state court guilty pleas for impeachment purposes in ...

  • Ewald Bros Inc v. Mid America Dairymen Inc
    877 F2d 1384
    Stanford Robins, Minneapolis, Minn., for appellant. Wayne H. Hoecker, Kansas City, Mo., for appellee. Before WOLLMAN and MAGILL, Circuit Judges, and LARSON, Senior District Judge. LARSON, Senior...

  • United States v. D Young
    877 F2d 1099
    Stephen Young, appealing from a judgment of conviction for having participated in a continuing criminal enterprise, 21 U.S.C. Sec. 848, and having filed a false income tax return, 26 U.S.C. Sec. 7206,...

  • United States v. A Martin A
    876 F2d 1008
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs and oral arguments presented by counsel. The court has determined, after ...

  • United States v. Levario
    877 F2d 1483
    Defendant Jorge Levario asks this court to reverse his conviction of conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. Sec. 846 and possession of cocaine with intent to...

  • Madonna v. United States
    878 F2d 62
    Matthew Madonna appeals from a judgment of the District Court for the Southern District, Carter, J., entered November 15, 1988, granting the government's Fed.R.Civ.P. 12(c) motion to dismiss Madonna's...

  • Chesapeake v. United
    878 F2d 686
    In this suit for the refund of freight payments, the district court decided that the shipper's claims fell within the statutory definition of "overcharges," and that the appropriate statute of limitat...

  • Bedoni v. Navajo Hopi Indian Relocation Commission Nhirc
    878 F2d 1119
    On November 16, 1988, Congress enacted the Navajo and Hopi Indian Relocation Amendments of 1988. Section 10 therein provides an exception to the Tucker Act: Notwithstanding any other provision of l...

  • United States v. Nuno Para
    877 F2d 1409
    Irma Nuno-Para (Nuno) and Jesus Garcia-Reyes (Garcia) petition for rehearing following our previous memorandum disposition in which we vacated their sentences and remanded for resentencing. See Gub...

  • United States v. Kato
    878 F2d 267
    Kato appeals his convictions for conspiracy against the United States, 18 U.S.C. Sec. 371 (1982), mail fraud, 18 U.S.C. Sec. 1341 (1982), and false statement, 18 U.S.C. Sec. 1001 (1982 & Supp. IV ...

  • United States v. Gaddis
    877 F2d 605
    William Gaddis and Barnetta Gaddis, the defendants-appellants, appeal from their criminal convictions for conspiracy and postal money order alteration. Both appellants were charged with one count of ...

  • Carew v. Office Of Personnel Management
    878 F2d 366
    W. Barry Carew appeals the final order of the Merit Systems Protection Board denying his petition for review of a remand initial decision of the administrative judge, that he is barred from receiving ...

  • McLaughlin v. G Ensley
    877 F2d 1207
    This case involves the meaning of "employee" as it applies to rights under the Fair Labor Standards Act, 29 U.S.C. Sec. 201 et seq. (1982). More precisely, the issue is whether certain workers, who ...

  • National Wildlife Federation v. F Burford National Wildlife Federation
    878 F2d 422
    In July 1985, appellant National Wildlife Federation ("NWF" or "Federation"), a nonprofit natural resources conservation and education association with over 4.5 million members, brought suit to challe...

  • United States v. Jacoby
    878 F2d 380
    Defendants Arthur Jacoby and Joseph Pavlico appeal their convictions on numerous counts of mail fraud in violation of 18 U.S.C. Sec. 1341 and of making a false statement to the Securities and Exchange...

  • Ashcraft v. Secretary Of Health and Human Services
    877 F2d 62
    LIVELY, Senior Circuit Judge. This is an appeal from a judgment of the district court affirming the Secretary's denial of SSI and disability benefits. The ALJ, whose opinion was adopted by the Secre...

  • Olsen v. Drug Enforcement Administration Olsen
    878 F2d 1458
    Petitioner in this case seeks a religious-use exemption from federal laws proscribing marijuana. We hold that the first amendment's free exercise of religion guarantee does not require the requested ...

  • Weisbrod v. W Sullivan Md
    875 F2d 526
    Michael M. Daniel, Julian & Daniel, Dallas, Tex., for plaintiff-appellant. Michael Jay Singer, Jerome L. Epstein, John R. Bolton, Dept. of Justice, Fed. Programs Branch, Civ. Div., Washington, D...

  • United States v. Raymer
    876 F2d 383
    Kurt Raymer appeals his conviction for threatening a probation officer. He asserts three major claims: (1) that his confession was involuntary, (2) that the government improperly elicited evidence f...

  • United States v. Brown
    878 F2d 222
    In the district court, Bradley Carl Brown was convicted of bank robbery, 18 U.S.C. Sec. 2113, and use of a firearm to commit a felony, 18 U.S.C. Sec. 924. The sole issue on appeal is whether the dis...

  • Camvac International Inc v. National Labor Relations Board
    877 F2d 62
    Camvac International, Inc. petitions for review of an order of the NLRB compelling it to bargain with Local 445 of the International Brotherhood of Teamsters at its facility in Brewster, New York. Th...

  • Appelhans v. United States
    877 F2d 309
    In a line of cases beginning with Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), the Supreme Court has consistently held that the Federal Tort Claims Act ("FTCA"), 28 U.S.C. ...

  • Webb v. P Hodel K F
    878 F2d 1252
    This case arose out of the Bureau of Land Management's (BLM) voiding of 359 unpatented mining claims which belonged to George R. Schultz, because of Schultz's location of the claims while he was marri...

  • United States v. L Agnew
    878 F2d 219
    Thomas L. Agnew appeals from the district court's judgment of criminal contempt for violation of a permanent injunction requiring that he not engage in business or commerce in any capacity for which b...

  • Mid State Fertilizer Co v. Exchange National Bank Of Chicago
    877 F2d 1333
    Mid-State Fertilizer Co. sold fertilizer in mid-state Illinois. It needed money to buy supplies, pay its workers, and run the business until it could collect from customers. Mid-State arranged for r...

  • United States v. J Corbitt
    879 F2d 224
    This appeal requires that we decide whether, and under what circumstances, a district court may release the presentence investigation report of a criminal defendant to members of the news media. The ...

  • Lowell Staats Mining Company Inc v. Pioneer Uravan Inc
    878 F2d 1259
    Lowell Staats Mining Company, Inc. (Staats), an independent mining contractor, entered into a contract with Pioneer Uravan, Inc. (Uravan) to develop mining property owned by Uravan. When Uravan ter...

  • New Orleans Public Service Inc v. Council Of City Of New Orleans
    491 US 350
    In Nantahala Power & Light Co. v. Thornburg, 476 U.S. 953, 106 S.Ct. 2349, 90 L.Ed.2d 943 (1986), we held that for purposes of setting intrastate retail rates a State may not differ from the Feder...

  • Healy v. Beer Institute Wine and Spirits Wholesalers Of Connecticut Inc
    491 US 324
    The State of Connecticut requires out-of-state shippers of beer to affirm that their posted prices for products sold to Connecticut wholesalers are, as of the moment of posting, no higher than the pri...

  • Consolidated Rail Corporation v. Railway Labor Executives Association
    491 US 299
    In this case, we must examine the concepts of "major" and "minor" disputes in the area of railway labor relations, articulate a standard for differentiating between the two, and apply that standard to...

  • United States v. Salas
    879 F2d 530
    Vincente Munoz (Munoz) and Joel Torres Salas (Salas) appeal from the order denying their motions to suppress evidence introduced at trial on the issue of guilt. Each was found guilty of possessing mo...

  • Missouri v. Jenkins Agyei
    491 US 274
    This is the attorney's fee aftermath of major school desegregation litigation in Kansas City, Missouri. We granted certiorari, 488 U.S. 888, 109 S.Ct. 218, 102 L.Ed.2d 209 (1988), to resolve two ques...

  • Airstream Inc v. National Labor Relations Board
    877 F2d 1291
    On January 21, 1985, a petition for certification was filed by the United Automobile, Aerospace and Agricultural Workers of America, AFL-CIO (the Union) to represent all production and maintenance emp...

  • In Re United States
    877 F2d 1568
    The United States requests this court to grant a writ of mandamus, pursuant to 28 U.S.C. Sec. 1651(a) (1982), directing the United States Claims Court, in Meisel Rohrbau GmbH v. United States, Cl.Ct. ...

  • United States v. Nino M Nino
    878 F2d 101
    In this case we must decide whether the United States District Court for the District of Delaware abused its discretion by dismissing the habeas corpus petition of petitioner-appellant, Victor Nino, w...

  • Ah Robins Company Incorporated Official Dalkon Shield Claimants Committee v. R Mabey
    880 F2d 769
    This is another appeal arising from the Dalkon Shield litigation that resulted in A.H. Robins Co. (Robins) seeking the protection of a Chapter 11 bankruptcy. The present appeal is by the Official Da...

  • Kline v. Director Office Of Workers Compensation Programs United States Department Of Labor
    877 F2d 1175
    Maureen Hogan Krueger (argued), Meadowbrook, Pa., for petitioner, effie kline. Jeffrey J. Bernstein (argued), U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for respondent, Director, Off...

  • Valentine v. Office Of Personnel Management
    878 F2d 1447
    Margaret M. Valentine appeals the decision of the Merit Systems Protection Board, Docket No. DA0831870662 (January 15, 1988), which became final by Order of the full Board on May 18, 1988. The admini...

  • Cox v. Jenkins
    878 F2d 414
    This suit arises under the Education of the Handicapped Act, 20 U.S.C. Secs. 1401-1461 (1982 & Supp.1987) (the "EHA" or "Act"), and it was precipitated by a dispute between the parents of Anika Co...

  • United States v. Howell M
    878 F2d 380
    Gary Lee Howell and William M. Rector, Jr. appeal from their convictions of carrying firearms in relation to a drug trafficking offense in violation of 18 U.S.C.A. Sec. 924(c) (West 1976 & Supp.19...

  • Ayala v. Joy Manufacturing Company
    877 F2d 846
    On April 15, 1981, fifteen miners were killed in a methane and coal dust explosion in a Colorado coal mine. The plaintiffs alleged that the explosion was caused by the improperly wired lighting syste...

  • United States v. Barrett
    878 F2d 379
    Appellants were each convicted of possession of cocaine with intent to distribute in violation of 18 U.S.C. Sec. 841(a), interstate travel in aid of racketeering in violation of 18 U.S.C. Sec. 1952(1)...

  • Ah Robins Company Incorporated Blum v. Unnamed Claimants
    880 F2d 779
    The appellants, Barbara Blum, Ann Samani and Gene Locks were named as three of the five trustees under the Dalkon Shield Claimants' Trust ("Trust") which was created as a part of the Plan of Reorganiz...

  • National Patent Development Corporation v. Tj Smith and Nephew Limited
    877 F2d 1003
    This appeal calls on us to decide whether a federal long-arm statute, 35 U.S.C. Sec. 293 (1982), authorizes the district court to exercise personal jurisdiction over a foreign holder of United States ...

  • International Union Uaw Local v. Park Ohio Industries Inc
    876 F2d 894
    This case arose from a termination of health insurance benefits to former employees who, though they met the eligibility requirements for retirement during the term of a collective bargaining agreemen...

  • United States v. Spillone
    879 F2d 514
    Spillone, Abel, and Citro appeal their convictions for racketeering, extortionate extension of credit, and using extortionate means to collect extensions of credit. We affirm. These appeals arise f...

  • United States v. Fernandez Fernandez
    877 F2d 1138
    Jose Fernandez appeals from a sentence entered in the United States District Court for the Eastern District of New York (Costantino, Judge ), following a judgment of conviction on appellant's plea of ...

  • Gannet v. United States
    877 F2d 965
    This appeal is from the United States Claims Court, No. 476-86 T, in which the cross motion of the United States (government) for summary judgment was granted, the motion by appellants, Herbert M. Gan...

  • United States v. Santana
    877 F2d 709
    Juan Carlos Santana appeals his convictions for conspiracy to distribute cocaine, pursuant to 21 U.S.C. Sec. 846, possession with intent to distribute cocaine, pursuant to 21 U.S.C. Sec. 841(a)(1) and...

  • Briggs Plumbingware Inc v. National Labor Relations Board
    877 F2d 1282
    These cases are consolidated before this court on petitions to review and set aside an order of the National Labor Relations Board ("the Board") reported at 286 NLRB, No. 121 (1986) by Briggs Plumbing...

  • Will v. Michigan Department Of State Police
    491 US 58
    This case presents the question whether a State, or an official of the State while acting in his or her official capacity, is a "person" within the meaning of Rev.Stat. § 1979, 42 U.S.C. § 1...

  • Debrouse v. Commissioner Of Internal Revenue
    878 F2d 379
    Appellant, Frank C. DeBrouse, appeals the decision of the Tax Court, entered May 19, 1988, which found that he had fraudulently understated his income by $16,260 in 1972 and $148,713.70 in 1973. The ...

  • Patterson v. McLean Credit Union
    491 US 164
    In this case, we consider important issues respecting the meaning and coverage of one of our oldest civil rights statutes, 42 U.S.C. § 1981. * Petitioner Brenda Patterson, a black woman, was em...

  • United States v. Lessard
    876 F2d 895
    The United States moves to dismiss this appeal as being taken from a nonfinal district court order. The appellant has responded in opposition to the motion and addresses the jurisdictional issue in h...

  • Dellmuth v. A Muth
    491 US 22
    The question before us is whether the Education of the Handicapped Act abrogates the States' Eleventh Amendment immunity from suit in the federal courts. * The Education of the Handicapped Act (EHA)...

  • Caro v. Aponte Roque
    878 F2d 1
    Before 1985, the twenty-three plaintiffs in this "political discharge" case worked for Puerto Rico's Department of Education, in "transitory," i.e., non-permanent, positions. Seventeen held jobs with...

  • McI Telecommunications Corporation v. United States
    878 F2d 362
    MCI Telecommunications Corporation (MCI) appeals the order of the General Services Administration Board of Contract Appeals (board), GSBCA No. 9926-P (February 23, 1989), dismissing MCI's bid protest ...

  • Pennsylvania v. Union Gas Company
    491 US 1
    Justice BRENNAN delivered the opinion of the Court ith respect to Parts I and II, concluding that CERCLA, as amended by SARA, clearly expresses an intent to hold States liable in damages in federal c...

  • Rogers v. United States B
    877 F2d 1550
    These are an appeal and a cross-appeal from a judgment of the United States District Court for the District of Nevada that certain individuals were entitled to participate in a prior award of just com...

  • United States v. Cervantes
    878 F2d 50
    This case raises important issues regarding the procedure for departing upwards from the sentencing range set forth in the United States Sentencing Guidelines. We must determine what is required for ...

  • United States v. Coburn
    876 F2d 372
    Paula C. Offenhauser, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., for U.S. in No. 88-2514. Paula C. Offenhauser, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Brett L. Grayson, As...

  • Vieux Carre Property Owners Residents Associates Inc v. Brown
    875 F2d 453
    Charles M. Lanier, Sheila T. Walet, New Orleans, La., for Bd. of Com'rs. Henry W. Kinney, III, John W. Ellinghausen, Kinney & Marshall, New Orleans, La., for Audobon Park Com'rs. Mark Gallingh...

  • Taylor v. General Motors Corporation
    875 F2d 816
    Charles Taylor and Paula Evans were killed in separate front-end automobile collisions while driving automobiles manufactured by General Motors Corporation and American Honda Motor Co. The personal ...

  • Harrell v. United States Ltjg
    875 F2d 828
    The plaintiffs brought this suit against the United States and an individual Coast Guard officer, Lieutenant Junior Grade Thomas Atkin, for damages allegedly arising from the December 1985 arrest, sea...

  • United States Dagostino v. Keohane Us J Us F Us Dagostino
    877 F2d 1167
    In this appeal from the dismissal of petitioner's writ of habeas corpus we are faced with the necessity of interpreting Sec. 235(b)(3) of the Sentencing Reform Act of 1984 to determine whether an indi...

  • In Re United States Of America
    878 F2d 153
    In this case, the government has applied for a writ of mandamus directing the district court to set aside a pretrial order in a pending criminal case providing for the defense to take, ex parte, the d...

  • Thomas v. W Keohane
    876 F2d 895
    In these consolidated appeals, Issac W. Thomas, a pro se federal prisoner, appeals the district court's judgment dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 22...

  • Roy v. Teachers Insurance and Annuity Association
    878 F2d 47
    In this case, we examine the applicability of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001 et seq. ("ERISA") to the New York State University Optional Retirement Program, ...

  • United States v. Williams
    875 F2d 846
    We affirm the convictions and judgments in this criminal tax evasion case holding that where a shareholder, officer, or director diverts unreported funds from his or her corporation, the government is...

  • United States v. Koskerides
    877 F2d 1129
    Barbara A. Bailey, New Haven, Conn., for appellee. Robert M. Davidson, Norwalk, Conn., (Kurt F. Zimmerman, Davidson, Driscoll & Naylor, Norwalk, Conn., of counsel), for defendant-appellant. Be...

  • United States v. R Hays J and F J and J
    877 F2d 843
    This case concerns the effect of a state partnership statute on a retired partner's liability for federal employment taxes owed by a dissolved partnership. The precise issue is whether, under the Uni...

  • United States v. Davis
    877 F2d 60
    Ruey Lynn Davis (R.L.) claims that the government investigation that resulted in his convictions for charges related to an auto theft ring was outrageous and violated his Fifth Amendment right to due ...

  • United States v. Braxton
    877 F2d 556
    Stephen J. Eisenberg, Madison, Wis., for defendant-appellant. Mark A. Cameli, Asst. U.S. Atty., Madison, Wis., for plaintiff-appellee. Before CUDAHY, MANION, Circuit Judges, and WILL, Senior Distr...

  • Douglas v. American Information Technologies Corporation
    877 F2d 565
    Delores J. Douglas appeals from the district court's judgment dismissing her complaint for failure to exhaust her administrative remedies under a collective bargaining agreement. Ms. Douglas initiate...

  • Rush Presbyterian St Lukes Medical Center v. Hellenic Republic
    877 F2d 574
    The principal issue in this appeal is whether the Greek government's execution of a contract to reimburse physicians and an organ bank for the costs of kidney transplants performed on Greek nationals ...

  • United States v. M Rodriguez Estrada
    877 F2d 153
    We turn to the latest chapter in the engrossing saga of the El San Juan Hotel. Unlike many epics, the tale--arising out of financial difficulties which brought the luxurious resort hotel onto the ree...

  • Lyman Lumber Company v. E Hill
    877 F2d 692
    On April 18, 1978, Jeffrey Hill designated his wife, Colleen, as his primary beneficiary under the Lyman Lumber and Affiliated Companies Profit Sharing Plan (Plan). He named as contingent beneficiari...

  • Marine Transport Lines Inc v. International Organization Of Masters Mates and Pilots
    878 F2d 41
    The parties in this contract dispute are Marine Transport Lines, Inc. (MTL), a shipowner, and the International Organization of Masters, Mates & Pilots (MM & P), which represents deck officer...

  • United States v. Kiszewski
    877 F2d 210
    Robert Kiszewski appeals from a judgment of conviction on five counts for making false statements to two grand juries and a trial jury, 18 U.S.C. Sec. 1623, before which he testified during an extorti...

  • United States v. E Ghinda
    876 F2d 104
    This is an interlocutory appeal from the denial of certain motions filed by the defendant in a federal criminal case that has already been tried once. The original trial resulted in an acquittal on t...

  • United States v. L Land
    877 F2d 17
    Dennis L. Land, a farmer in Marquette, Nebraska, appeals pro se from his conviction on three counts of making false statements in violation of 18 U.S.C. Sec. 1001. On appeal, Land argues that the Uni...

  • United States v. Fontanez
    878 F2d 33
    Defendant-appellant Martin Fontanez appeals from a judgment of the United States District Court (Judge Charles M. Metzner) convicting him after a jury trial of distributing three glassine envelopes of...

  • Resci v. Veterans Administration Medical Center
    876 F2d 104
    Appellant Edna J. Resci was a probationary employee at the Veterans Administration Medical Center (VAMC) from September 1, 1981 until August 30, 1982. VAMC terminated appellant shortly before the com...

  • Jackson Court Condominiums Inc v. City Of New Orleans
    874 F2d 1070
    Jackson Court Condominiums, Inc., the former owner of a condominium complex, sued the City of New Orleans after the Council of the City of New Orleans (hereafter "the City Council" or "the Council") p...

  • United States v. Burroughs
    876 F2d 366
    Following her conviction for conspiracy to manufacture phenylacetone under 21 U.S.C. Sec. 841(a)(1) and Sec. 846, Ramona Jean Burroughs appeals. She claims that the district court's failure to give ...

  • Irwin v. Veterans Administration
    874 F2d 1092
    The Veterans Administration Medical Center in Waco, Texas on April 17, 1986 fired Irwin, an employee. He contacted an Equal Employment Opportunity Counselor on June 12, 1986, and later filed a compla...

  • Kopp v. Director Office Of Workers Compensation Programs United States Department Of Labor
    877 F2d 307
    Kenneth Kopp ("claimant") petitions for review of the Benefits Review Board's ("BRB") affirmance of the Administrative Law Judge's ("ALJ") decision and order denying benefits under the Black Lung Bene...

  • Curtis v. O Eikenberry
    877 F2d 802
    Following a criminal conviction, petitioner Richard N. Curtis was adjudged to be an habitual criminal pursuant to section 9.92.090 of the Washington Code. On appeal, the Washington Court of Appeals ...

  • United States v. W Rush M
    874 F2d 1513
    Noah Lohr and Gregory Rush appeal their convictions for conspiracy to import five kilograms or more of cocaine into the United States in violation of 21 U.S.C. sec. 963. Appellants challenge the impo...

  • Mandilk v. Department Of Justice
    878 F2d 1446
    Fred L. Mandilk seeks review of the decision of the Merit Systems Protection Board (MSPB), Docket No. SF315H8810525, dismissing the appeal of his removal for lack of jurisdiction because "the facts an...

  • United States v. W Thompson
    876 F2d 1381
    Damon Thompson appeals from his conviction and sentencing for possession of cocaine with intent to distribute in violation of 28 U.S.C. Secs. 841(a) and 841(b)(1)(C). On appeal, he argues that the di...

  • United States v. W Woods
    877 F2d 477
    Paul W. Woods, former President of the federally insured Branch County Bank, appeals his conviction for willful misapplication of bank funds under 18 U.S.C. Sec. 656. The indictment charged him with...

  • United States v. Lach
    874 F2d 1543
    Frank Joseph Lach appeals from his conviction on two counts of criminal contempt for willfully disobeying two separate court orders to testify in grand jury proceedings, in violation of 18 U.S.C. Sec....

  • United States v. Runnels
    877 F2d 481
    The question presented to this en banc court is whether the decision in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987), requires us to reverse the mail fraud conviction ...

  • Sarfati v. Wood Holly Associates Led Srl
    874 F2d 1523
    William S. Weisman, Ft. Lauderdale, Fla., for plaintiff-appellant. Maurice M. Garcia, Hollywood, Fla., for defendants-appellees. Appeal From the United States District Court For the Southern Distr...

  • Picou v. Gillum T
    874 F2d 1519
    The question presented is whether the federal Constitution prohibits Florida from requiring riders of motorcycles to wear protective headgear. We think Florida's statute a valid exercise of the State...

  • Sheet Metal Workers Local Union No v. Baylor Heating and Air Conditioning Inc
    877 F2d 547
    The parties to this labor dispute ask us to determine the validity of an interest arbitration clause in a prehire collective bargaining agreement. Involved are (1) the unilateral repudiation of a col...

  • United States v. Ashley
    876 F2d 1069
    Edwin J. Gale, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., Providence, R.I., was on brief for, U.S. Robert D. Watt, Jr., Providence, R.I., by appointment of the Court, for defendant, ...

  • United States v. Vasquez
    874 F2d 1515
    Jose Vasquez appeals his conviction for conspiracy to deliver counterfeit federal reserve notes. We affirm. On August 13, 1986, Secret Service Agent Jesus Torres and an informant went to Nelson Cas...

  • United States v. D Hunt
    877 F2d 833
    A jury convicted Paul Hunt on one count of conspiracy (21 U.S.C. Sec. 846), two counts of possession of cocaine with an intent to distribute (21 U.S.C. Sec. 841(a)(1)), and one count of unlawful use o...

  • North Mississippi Communications Inc v. W Jones
    874 F2d 1064
    In this first amendment civil rights case, the DeSoto County Board of Supervisors is alleged to have withheld county advertising from a local paper in retaliation for the paper's publication of editor...

  • Garrett v. Lyng
    877 F2d 472
    This is an appeal by the Secretary of Agriculture from a district court decision holding that the Secretary acted improperly when he amended his regulations in 1986 to categorize "workfare" benefits a...

  • United States v. T Altman
    877 F2d 60
    Hasford T. Altman appeals from the district court's orders denying his requests for a transcript of his sentencing hearing at government expense. Our review of the record and the district court's opi...

  • United States v. Ryan
    874 F2d 1052
    Appellant, his conviction on numerous bank fraud and related charges having been affirmed by this Court, U.S. v. Ryan, 860 F.2d 435 (5th Cir.1988), now appeals the district court's order, 699 F.Supp. ...

  • United States v. Palomino
    877 F2d 835
    A jury convicted David Palomino on one count of conspiracy (21 U.S.C. Sec. 846), one count of continuing criminal enterprise (21 U.S.C. Sec. 848), six counts of possession of cocaine with an intent to...

  • California State Board Of Equalization v. Sierra Summit Inc
    490 US 844
    Enmeshed in a tangled skein of procedural and state-law issues is a ruling on an important federal question that was critical to the decision of the Court of Appeals in this case. The court's ultimate...

  • Christy v. Lujan
    490 US 1114
    Petitioner Christy is a herder who grazed his sheep on leased land near Glacier National Park. Between July 1 and July 9, 1982, grizzly bears from the park killed 20 of Christy's sheep. Requests for ...

  • United States v. Lopez
    875 F2d 1124
    Javier Lopez pleaded guilty to one count of possessing an unregistered firearm, which had an altered serial number in violation of 26 U.S.C. Sec. 5861(d). On appeal, he challenges only his sentence. ...

  • United States v. Bouck
    877 F2d 828
    A jury convicted Ronald Bouck of conspiracy (21 U.S.C. Sec. 846), three separate counts of possession of cocaine with an intent to distribute (21 U.S.C. Sec. 841(a)(1)), and one count of unlawful use ...

  • United States v. L Nichols
    877 F2d 825
    A jury convicted Scott Nichols on thirty-one counts of an indictment charging him, and others, with a series of drug violations arising out of cocaine distribution in the Salt Lake City, Utah area. ...

  • America West Airlines Inc
    877 F2d 793
    America West Airlines appeals the district court's judgment dismissing its suit to recover damages allegedly occurring as a result of faulty engine maintenance by one of the defendants. We affirm. ...

  • Bryant v. Office Of Personnel Management
    878 F2d 1446
    Petitioner Gene C. Bryant, appearing pro se, appeals from the adverse decision of the Merit Systems Protection Board, Docket No. DA831M8810280, holding that he had received overpayment of $110,831.20 ...

  • Williams v. Central Gulf Lines
    874 F2d 1058
    The issue in this case is whether the exclusivity provision contained in the Suits in Admiralty Act, 46 U.S.C.App. Secs. 741-745, operates under the present circumstances to bar the plaintiff-appellan...

  • Green v. R Bowen
    877 F2d 204
    We reverse the district court's decision and remand the case for further proceedings. Harry Green filed his initial claim for social security disability benefits on July 25, 1985 based on his inabil...

  • United States v. Guglielmi
    877 F2d 60
    Louis Guglielmi, a federal prisoner, appeals from the denial of his motion under Fed.R.Crim.P. 35(a) and 35(b) for correction or reduction of sentence. We interpret the sentencing court's order denyi...

  • Coakley v. W Welch H
    877 F2d 304
    The issue in this appeal is whether the district court correctly refused to dismiss several officials of the South Carolina State Ports Authority ("SPA") from a suit brought by Samuel Coakley, a termi...

  • New Orleans Steamship Association v. Plaquemines Port Harbor and Terminal District
    874 F2d 1018
    The question this case presents is whether the Port of Plaquemines Parish may impose charges on ships to finance emergency response services. The New Orleans Steamship Association (NOSA) argues that ...

  • Askins v. District Of Columbia
    877 F2d 94
    Appellant Robert E. Askins is an inmate at the Maximum Security Facility of the Lorton Reformatory. He brought this action in District Court, under 42 U.S.C. Sec. 1983 (1982), and the First and Eight...

  • United States v. Rutkowski
    877 F2d 139
    In this criminal case, the district court suppressed certain evidence, ruling that the items seized were beyond the scope of the officers' warrant and did not fall within the plain view exception to t...

  • United States v. Simmons
    878 F2d 383
    Simmons appeals his convictions on three counts of knowingly and intentionally distributing marijuana in violation of 21 U.S.C. Sec. 841(a)(1). On September 9, 1987, a grand jury indicted Simmons for...

  • United States v. Rushing
    877 F2d 61
    When a person engaged in criminal conduct is called to account, it is not unusual for an attempt to be made to trivialize the seriousness of what has been done. That is the case here. Concerned abou...

  • Lebowitz v. United States
    877 F2d 207
    Appellant Barry Lebowitz appeals from an order entered January 17, 1989 in the Eastern District of New York, I. Leo Glasser, District Judge, denying after a hearing his motion pursuant to 28 U.S.C. Se...

  • United States v. Tart
    877 F2d 61
    Dennis Wayne Tart was convicted in 1985 after a jury trial of possession with intent to distribute cocaine, possession with intent to distribute marijuana, and distribution of cocaine, all in violatio...

  • Ch2m Hill Central Inc v. Madison Madison International Inc
    895 F2d 286
    The plaintiff-appellee CH2M Hill Central, Inc. (CH2M Hill) filed this suit invoking the district court's diversity jurisdiction and seeking indemnification of $31,316.46 from its subcontractor, Madis...

  • United States v. Adams
    877 F2d 60
    Kenneth Adams, an inmate at Lorton Reformatory, a federal facility employed to incarcerate District of Columbia prisoners, was convicted in the United States District Court for the Eastern District of...

  • Guccione v. United States
    878 F2d 32
    Appellant has petitioned for rehearing of our decision in Guccione v. United States, 847 F.2d 1031 (2d Cir.1988), contending that the subsequent decision of the Supreme Court in Sheridan v. United Sta...

  • United States v. Holm
    877 F2d 677
    Clifford Ashley Holm appeals from a final order entered in the District Court for the District of Minnesota denying his motion for correction of his sentence pursuant to Rule 35(a) of the Federal Rule...

  • United States v. Lindsey
    877 F2d 777
    Marvin Lindsey pleaded guilty conditionally to possession of illegal firearms and destructive devices. He reserved the right to appeal from the district court's denial of his motion to suppress evide...

  • Scallen v. Commissioner Of Internal Revenue
    877 F2d 1364
    Stephen B. Scallen (Scallen) and Chacke Y. Scallen (collectively appellants) appeal from a decision (No. 6913-85) entered May 26, 1988 in the United States Tax Court, Mary Ann Cohen, Judge, determinin...

  • International Association Of Fire Fighters Local Ii v. West Adams County Fire Protection District
    877 F2d 814
    Thomas B. Buescher (Ellen M. Kelman, with him on the brief) of Brauer & Buescher, P.C., Denver, Colo., for plaintiffs-appellees. Richard L. Shearer (Charles B. Hecht, with him on the brief) of C...

  • City Of Fredericksburg Va v. Federal Energy Regulatory Commission
    876 F2d 1109
    Commonwealth Hydroelectric, Inc. ("CHI") applied for a license from the Federal Energy Regulatory Commission ("FERC") to build an electricity-generating powerhouse at the Embrey Dam on the Rappahanno...

  • Gold v. B Wolpert
    876 F2d 1327
    Plaintiffs-appellants, Alan M. Gold and Alan M. Gold Development Co. (collectively "Gold") appeal the district court's decision to dismiss their amended complaint with prejudice. For the reasons sta...

  • United States v. Diaz
    876 F2d 1344
    Heriberto Diaz, Yvette Huertas and Wilfredo Mojica appeal their convictions on charges of conspiracy to possess with intent to distribute and to distribute cocaine in violation of 21 U.S.C. Sec. 846, ...

  • Damien v. Young
    876 F2d 103
    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. McDonald
    877 F2d 91
    Appellants Patrick McDonald and Michael Pollard were jointly charged with possession with intent to distribute in excess of fifty grams of cocaine base ("crack") and with possession with intent to dis...

  • United States v. Flores
    875 F2d 1110
    Following his conviction for knowingly and intentionally distributing heroin, Abraham Flores appeals only the sentence he received. First, he claims that the United States Sentencing Guidelines shoul...

  • Herbert v. C Saffell H R M
    877 F2d 267
    John and Juanita Herbert, the appellants, filed a diversity action asserting claims under Maryland law for fraud, breach of contract, negligence, and negligent misrepresentation against Charles and Ma...

  • City Of Milwaukee v. K Yeutter
    877 F2d 540
    Several federal programs provide free or subsidized food for nations in need. American vessels get a preference in transporting the food: [T]he appropriate agency or agencies shall take such steps ...

  • United States v. R Kerr
    876 F2d 1440
    Douglas Kerr appeals from his conviction for manufacturing and possessing marijuana with intent to distribute in violation of 21 U.S.C. Sec. 841. Kerr challenges the district court's denial of his mo...

  • Sawdey v. Department Of Commerce
    878 F2d 1446
    Eric R. Sawdey (Sawdey) seeks review of the final decision of the Merit Systems Protection Board (MSPB), Docket No. CH34438810465, dismissing his appeal for lack of jurisdiction. We affirm. Mr. Saw...

  • Smith v. General Scanning Inc
    876 F2d 1315
    This is the second time we consider this case. James Smith sued his employer, General Scanning, Inc. ("GSI"), alleging that he had been discharged in violation of the Age Discrimination in Employmen...

  • Lydia T McVey v. Department Of The Army
    878 F2d 1446
    Petitioner, Lydia T. McVey, seeks review of a final decision of the Merit Systems Protection Board (MSPB), docket No. AT07528810251, dismissing as untimely her appeal of her removal from her position ...

  • Morrison v. Lipscomb I V
    877 F2d 463
    Curtis W. Morrison appeals the district court's dismissal of his action under 42 U.S.C. Sec. 1983. Morrison sued three Michigan state court judges (Judges Lipscomb, Ryan, and Shakoor) and five unknow...

  • United States v. Pisello
    877 F2d 762
    Salvatore James Pisello appeals his conviction of two counts of tax evasion in violation of 26 U.S.C. Sec. 7201 (1982). He argues that the district court erred by constructively amending his indictme...

  • United States v. Michel
    876 F2d 784
    Victor Michel appeals from the sentence imposed after he pleaded guilty to two counts of unarmed bank robbery. The district court imposed a sentence in excess of the applicable guideline range. Mich...

  • Robinson v. Americas Best Contacts and Eyeglasses
    876 F2d 596
    In this appeal Marcus D. Robinson challenges the district court's denial of his Rule 60(b) motion to vacate the court's prior order dismissing Robinson's pro se Title VII complaint for failure to exec...

  • State Of North Carolina Environmental Policy Institute v. Environmental Protection Agency
    881 F2d 1250
    This case comes before me as a single circuit judge on a motion under Rule 18 of the Federal Rules of Appellate Procedure. Petitioners seek a temporary stay, pending review by this court, of proceedi...

  • United States v. Fiallo Jacome
    874 F2d 1479
    Milton M. Ferrell, Jr., Joseph Beeler, Miami, Fla., for defendant-appellant. Dawn Bowen, Linda Collins Hertz, Dawn Bowen, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee. Appeal from the Un...

  • Wilson v. Dutton
    876 F2d 105
    Before RALPH B. GUY and RYAN, Circuit Judges, and DAVID D. DOWD, Jr., District Judge. Wilford Wilson, a pro se Tennessee prisoner, appeals the district court's order dismissing his habeas corpus pet...

  • United States v. Phelps
    877 F2d 28
    Again, we must determine legislative intent in the drafting and modification of a federal penal statute. Title 18 Sec. 924(c)(1) (1982 & Supp. V. 1987) reads: Whoever, during and in relation to...

  • United States v. Kaylor
    877 F2d 658
    Mark Alan Kaylor appeals his convictions after a jury trial on two counts of taking from a registered pharmacy by force or intimidation controlled substances which had a replacement cost to the regist...

  • United States v. Metropolitan Life Insurance
    874 F2d 1497
    This appeal arises from the grant of summary judgment in favor of the government and against an insurance company in the amount of $20,898.79 under 26 U.S.C.A. Sec. 6332(c)(1), representing the unelec...

  • Thompson v. Communications Technology Inc
    877 F2d 27
    In this interlocutory appeal we exercise jurisdiction under 28 U.S.C. Sec. 1292(b) to decide whether a wrongful death product liability action is governed by the three-year limitations period of Orego...

  • Nicholas v. United States
    884 F2d 1397
    The United States moves for summary affirmance of the Claims Court's April 19, 1989 judgment dismissing George W. Nicholas' complaint for lack of jurisdiction. Nicholas has not filed a response. Br...

  • Toomey v. Clark O
    876 F2d 1433
    Patricia Gayle Toomey, a Washington prisoner, appeals the district court's denial of her habeas corpus petition without an evidentiary hearing. She contends that the juvenile court's consideration of...

  • United States v. S Holland
    874 F2d 1470
    In this case, James S. Holland appeals the district court's revocation of his probation and one aspect of the district court's resentencing pursuant to 18 U.S.C.A. Sec. 3653. We affirm. Holland wa...

  • Csx Transportation Inc v. United Transportation Union
    879 F2d 990
    This appeal presents for review an order of the United States District Court for the Western District of New York, John T. Curtin, Judge, which granted a permanent injunction barring defendants-appell...

  • United States v. Voigt
    877 F2d 1465
    Ms. Voigt appeals her conviction of one count of conspiracy to violate 18 U.S.C. Sec. 1344 (Supp. II 1984) in violation of 18 U.S.C. Sec. 371 (1982), and forty-six counts of bank fraud in violation of...

  • United States v. Alvarez Moreno
    874 F2d 1402
    In this massive drug importation, drug distribution, and money laundering case, we determine the extent to which uncharged criminal offenses may be used as predicate offenses for continuing criminal e...

  • United States v. Torkington
    874 F2d 1441
    This appeal arises from the district court's grant of defendant's motion for entry of judgment of acquittal under Fed.R.Crim.P. 29 on charges that defendant trafficked and attempted to traffic in coun...

  • United States v. L Molinaro
    876 F2d 1432
    John L. Molinaro appeals the district court's denial of his motion for revocation of the district court's pretrial detention order. Molinaro argues that his pretrial detention violated 18 U.S.C. Sec....

  • United States v. General Motors Corporation
    876 F2d 1060
    This is an appeal by the Environmental Protection Agency (EPA) from the district court's dismissal of its enforcement action under the Clean Air Act, 42 U.S.C. Sec. 7401 et seq., against appellee Gene...

  • Estate Of Hale v. United States
    876 F2d 1258
    This appeal concerns the timeliness of claims for refund of gift taxes that the government admits were overpaid. The district court found that under all the facts and circumstances the taxpayer filed...

  • International Insurance Co v. M Johns W
    874 F2d 1447
    Bruce G. Hermelee, Hermelee, Coward & Minkin, P.A., Todd A. Cowart, Miami, Fla., for plaintiff-appellant. Lewis R. Mills, Audrey G. Fleissig, St. Louis, Mo., Jerome A. Pivnik, Miami, Fla., for d...

  • United States v. Johnston
    876 F2d 589
    Thomas Johnston, a police officer at the Glenview Naval Air Station in Glenview, Illinois, was convicted under the Assimilative Crimes Act of theft of a boat committed in a special territorial jurisdi...

  • United States v. Zayas
    876 F2d 1057
    Juan Zayas appeals from his criminal conviction after a bench trial. The defendant was charged with a single count of possession with intent to distribute heroin. The district court acquitted the de...

  • First Fidelity Bank Na v. Government Of Antigua and Barbuda Permanent Mission
    877 F2d 189
    The Government of Antigua and Barbuda appeals from a decision of the United States District Court for the Southern District of New York, Louis L. Stanton, Judge, which denied its motion for relief und...

  • Kelley v. Commissioner Of Internal Revenue
    877 F2d 756
    The Kelleys appeal decisions of the Tax Court that the statute of limitations did not bar an adjustment to their 1980 tax return, and that they were not entitled to have their deficiency determined by...

  • United States v. Ofchinick R Ofchinick
    877 F2d 251
    Daniel R. Ofchinick, Jr. appeals from a judgment of sentence imposed under the sentencing guidelines following his guilty plea to an indictment charging him with escape contrary to 18 U.S.C. Sec. 751(...

  • United States v. Dombrowski
    877 F2d 520
    Darryl Dombrowski was convicted by a jury of violating 18 U.S.C. section 922(g), prohibiting possession of firearms by convicted felons. He received the mandatory minimum sentence of fifteen years di...

  • United States v. G Bernard
    877 F2d 1463
    Mr. Bernard appeals the judgment entered following his conviction of sixty-two criminal violations including: one count of conspiracy in violation of 18 U.S.C. Sec. 371 (1982); one count of bank fra...

  • United States v. Bonnett
    877 F2d 1450
    Bruce Bonnett appeals his conviction of one count of conspiracy to violate 18 U.S.C. Sec. 1344 (Supp. II 1984) in violation of 18 U.S.C. Sec. 371 (1982), and fifty-six counts of bank fraud in violati...

  • State Of California State Water Resources Board v. Federal Energy Regulatory Commission
    877 F2d 743
    The State of California petitions us to review the Federal Energy Regulatory Commission's decision finding exclusive federal control over the setting of hydroelectric power project water flow rates. ...

  • Franklin v. Secretary Of Health and Human Services
    875 F2d 863
    Plaintiff-appellant, Bennie Franklin, appeals the district court's order granting summary judgment in favor of the Secretary of Health and Human Services ("Secretary"). For the following reasons, we ...

  • United States v. Dow
    875 F2d 868
    James Harvey Dow appeals his conviction by a jury for mailing threatening communications in violation of 18 U.S.C. Sec. 876. We reverse Dow's conviction. On October 20, 1987, Dow was charged in a o...

  • Jorden v. National Guard Bureau R D C
    877 F2d 245
    The plaintiff, Ulus Jorden, Jr., appeals from the district court's order of summary judgment of October 25, 1988, in favor of the defendants on his First Amendment claim, arising from the termination ...

  • United States v. C Shumaker
    875 F2d 868
    Defendant, Karl C. Shumaker, was convicted of mailing a threatening communication in violation of U.S.C. Sec. 876, and obstruction of justice in violation of 18 U.S.C. Sec. 1512. On appeal, Shumaker ...

  • Maine Association Of Interdependent Neighborhoods v. Commissioner Maine Department Of Human Services
    876 F2d 1051
    The Maine Association of Interdependent Neighborhoods (MAIN), an umbrella organization of eight groups that help low income persons obtain public assistance, brought a lawsuit in a Maine state court a...

  • Conn v. Director Office Of Workers Compensation Programs
    875 F2d 862
    Petitioner, Okie Conn ("Conn"), seeks review of an order of the Benefits Review Board, United States Department of Labor ("Board"), finding that the date from which Conn was entitled to receive black ...

  • Rockney v. M Blohorn A
    877 F2d 637
    Denis E. Grande, Minneapolis, Minn., for appellants. Robert E. Woods, St. Paul, Minn., for appellees. Before HEANEY and BEAM, Circuit Judges, and STUART, Senior District Judge. STUART, Senior Di...

  • United States v. Jackson
    877 F2d 61
    Paul Jackson appeals from a judgment of the district court entered after a jury verdict finding him guilty of possession with intent to distribute more than 500 grams of cocaine in violation of 21 U.S...

  • United States v. Demarrias
    876 F2d 674
    Douglas Demarrias appeals from his conviction on four counts of abusive sexual contact with his fourteen year old stepdaughter, in violation of 18 U.S.C. Sec. 2244(a)(1) and (3). Demarrias contends t...

  • United States v. Mancuso
    877 F2d 61
    Jean-Marc Mancuso filed a 28 U.S.C. Sec. 2255 motion alleging that the Federal Public Defender denied him the right to appeal his convictions for distribution of and conspiracy to distribute cocaine. ...

  • Farlow v. Union Central Life Insurance Company J
    874 F2d 791
    In this interlocutory appeal, we affirm the district court's determination that state law claims for fraudulent misrepresentation, negligence, and violation of the Alabama "twisting" statute (27-12-6 ...

  • United States v. Carrasquillo
    877 F2d 73
    The defendant-appellant, Elias Carrasquillo, entered a conditional plea of guilty following the District Court's denial of his motion to suppress evidence of drug violations found in a garment bag tha...

  • Hamm v. A Powell
    874 F2d 766
    Appellees were injured in an encounter with the appellants, law enforcement officers, who were undertaking to arrest appellees. The officers were armed. They had been warned that appellants were arm...

  • United States v. S Rigdon
    874 F2d 774
    This case arises on appeal from a jury verdict finding John Rigdon guilty of two counts of failure to file federal cash transaction reports under 31 U.S.C.A. Sec. 5313 and two counts of intentionally ...

  • In Re Sealed Case
    877 F2d 83
    On October 6, 1988 the United States Attorney had appellant served with three grand jury subpoenas duces tecum, addressed to him as custodian of the corporate records of three different corporations. ...

  • Mead Corporation v. Be Tilley
    490 US 714
    Today we decide whether, upon termination of a defined benefit plan, § 4044(a) of the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 1025, as amended, 29 U.S.C. § 1344(a) ...

  • Wards Cove Packing Company Inc v. Atonio
    490 US 642
    Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U.S.C. § 2000e et seq., makes it an unfair employment practice for an employer to discriminate against any individual with ...

  • Wxon Tv Inc v. National Labor Relations Board
    876 F2d 105
    Petitioner WXON-TV petitions for review, and the NLRB cross-applies for enforcement, of an order finding that the company engaged in unfair labor practices. The case presents factual issues on which ...

  • United States v. 32147000 United States Currency
    874 F2d 298
    In this case the owner of $321,470 in cash turned his back on what must have been pin money to him compared with the value of preserving his anonymity. The United States brings this in rem civil for...

  • Zavala Ruiz v. United States
    876 F2d 780
    We decide here whether to toll the Federal Tort Claims Act (FTCA) two-year statute of limitation for a minor plaintiff whose father allegedly abandoned him during the limitation period. Francisco Za...

  • Kennedy v. Commissioner Of Internal Revenue
    876 F2d 1251
    RALPH B. GUY, Jr. Circuit Judge. Petitioners David L. Kennedy and Joseph and Wanda Auberger appeal the United States Tax Court's decision finding them liable for 1978 and 1979 tax deficiencies. The...

  • Watts v. Pennsylvania Housing Finance Co F
    876 F2d 1090
    Pennsylvania's Homeowner's Emergency Mortgage Assistance Program (HEMAP), 35 Pa.Cons.Stat.Ann. Secs. 1680.401c et seq. (Purdon Supp.1988), provides loans to homeowners in financial difficulty to pr...

  • Bridgeport Fittings Incorporated v. National Labor Relations Board
    877 F2d 180
    Bridgeport Fittings, Inc. ("the Company") petitions for review of a decision and order of the National Labor Relations Board ("the Board") which held that the Company violated Secs. 8(a)(1) and (a)(5...

  • United States v. Adegbite
    877 F2d 174
    Defendants Kofoworola Adegbite and Joseph Obalaja appeal from judgments entered in the United States District Court for the Eastern District of New York after a jury trial before Edward R. Korman, Jud...

  • United States v. Jenkins
    876 F2d 1085
    The United States appeals an order of the United States District Court for the Southern District of New York, Miriam Goldman Cedarbaum, Judge, granting defendant's motion to suppress evidence obtained...

  • Martin v. Commissioner Of Internal Revenue
    877 F2d 449
    Taxpayers, John Roberts Martin and Bernard J. Spanski, appeal from the United States Tax Court's decision upholding the Commissioner's assessment of taxes on benefits they received under Title VII of ...

  • Local United Mine Workers Of America v. Inland Steel Coal Company
    876 F2d 1288
    Plaintiff-Appellant Local 1545, United Mine Workers of America ("union") filed this action in federal district court pursuant to Sec. 301 of the Labor Management Relations Act, 29 U.S.C. Sec. 185, see...

  • Ma Mortenson Company v. United States
    877 F2d 50
    This appeal arises from the orders and partial judgment of the United States Claims Court, M.A. Mortenson Co. v. United States, 15 Cl.Ct. 362 (1988), awarding attorney fees as part of the sanctions ag...

  • United States v. M Gray
    876 F2d 1411
    Raymond M. Gray (Gray) appeals from the judgment entered following his conviction for failure to appear for sentencing. 18 U.S.C. Secs. 3146(a) and (b)(1988 Supp.). Gray seeks reversal on the follo...

  • United States v. Kirk
    877 F2d 61
    Paul Leslie Kirk was convicted of wire fraud on May 13, 1988 for transactions with Sandra Jean Mortimer. He appeals, challenging the sufficiency of the evidence regarding a particular transaction, th...

  • Hadson Gas Systems Inc v. Federal Energy Regulatory Commission
    877 F2d 66
    Dale A. Wright, Robert H. Benna, Terence J. Collins, Washington, D.C., and Margaret L. Bollinger, Houston, Tex., entered appearances, for intervenor, Tennessee Gas Pipeline Co. Michael J. Manning an...

  • Ciba Geigy Corporation v. United States Environmental Protection Agency
    874 F2d 277
    Kenneth D. Morris, Wilmington, Del., for amicus curia. Haynes L. Harkey, Jr., Hayes, Harkey, Smith, Cascio & Mullens, for amicus curiae. Marilyn Perry Jacobsen, Andrew G. Gordon, Lee M. Thomas...

  • Women Involved In Farm Economics v. United States Department Of Agriculture
    876 F2d 994
    Nearly two decades ago, Congress enacted a per-person limitation on certain payments made to producers under the Agricultural Adjustment Act of 1938 and the Agricultural Act of 1949, as amended, 7 U.S...

  • United States v. Bolding
    876 F2d 21
    The United States government appeals from an order sentencing Ellis Edwin Bolding to two years for his conviction for escaping from federal custody, in violation of 18 U.S.C. Secs. 751(a) and 2. The ...

  • Rankin v. Independent School District No I 3 Noble County Oklahoma J I 3 J A D I 3 W I 3
    876 F2d 838
    Johnny Lee Rankin brought this action under 42 U.S.C. Sec. 1983 (1982) against Independent School District Number I-3, the District Superintendent, and members of the District school board. Rankin, a...

  • Smith v. Department Of Human Services State Of Oklahoma
    876 F2d 832
    On August 20, 1982, Ray L. Smith (Smith), then 59 years of age, was terminated by his employer, the Oklahoma Department of Human Services (DHS). Smith's appeal of that termination decision was dismis...

  • Tenoco Oil Company Inc v. Department Of Consumer Affairs
    876 F2d 1013
    This appeal is from a permanent injunction issued by the United States District Court for the District of Puerto Rico invalidating gasoline price regulations issued by an agency of the Puerto Rico gov...

  • Diaz v. Trust Territory Of Pacific Islands
    876 F2d 1401
    Mitchell Aaron and Ignatius Ken appeal the denial of their motion to intervene in this action and to vacate the dismissal of their class action claim that the Trust Territory of the Pacific Islands' (...

  • Andover Data Services Division Of Players Computer Inc v. Statistical Tabulating Corporation B Schwer
    876 F2d 1080
    The issue presented on this appeal is narrow and straightforward: May a district court compel the testimony of a non-party witness in a civil action, notwithstanding the assertion of a valid fifth am...

  • Barilaro v. Consolidated Rail Corporation New England Produce Center Inc
    876 F2d 260
    Elizabeth M. Fahey with whom Karen M. Moran and Morrison, Mahoney & Miller, Boston, Mass., were on brief, for appellant. Stephen G. Doucette with whom Michael A. Fitzhugh and Fitzhugh & Asso...

  • Micro Motion Incorporated v. Exac Corporation
    876 F2d 1574
    Smith Meter, Incorporated, seeks reversal of an order issued by the United States District Court for the Western District of Pennsylvania, Erie Division, Misc. No. 732, denying its motion to quash a s...

  • Greenberg v. Hilton International Co
    875 F2d 39
    Counsel for Ms. Greenberg and amicus curiae the NAACP Legal Defense and Educational Fund, Inc. raise two arguments on this petition for rehearing. One is a legal argument, the other a factual one. ...

  • Corporacion Insular Seguros v. Garcia B Aponte Corporacion Insular Seguros
    876 F2d 254
    These are appeals from discovery orders directed to an aide to the President of the Puerto Rico Senate (appellant Juan B. Aponte) and an aide to the Governor of Puerto Rico (appellant Oscar Rodriguez)...

  • Lanier v. Fair
    876 F2d 243
    On March 5, 1986, the Supreme Judicial Court affirmed the dissolution of the preliminary injunction in Lanier v. Massachusetts Parole Board, 396 Mass. 1018, 489 N.E.2d 670 (1986). In a brief opinion ...

  • King v. J Gibbs
    876 F2d 1275
    In Heizer Corporation v. Ross, 601 F.2d 330, 334 (7th Cir.1979), we held that a securities wrongdoer was not entitled under federal law to indemnification for its liabilities. Gibbs, the cross-claim ...

  • Rsi Pvt Ltd Uma v. United States B Us
    876 F2d 1571
    This appeal presents for our review a series of decisions by the Court of International Trade (687 F.Supp. 605 (1988), reh'g denied, 688 F.Supp. 646 (1988)) which, in the end, affirm the determination...

  • Lopez Torres v. United States
    876 F2d 4
    Defendant, a former Puerto Rico policeman, pursued a young man seeking to escape arrest for possessing a marihuana cigarette, and, allegedly, shot him in the back of the head. He defeated a local pro...

  • Jusino v. Zayas
    875 F2d 986
    We today confront a procedural motley, consisting of a miswritten docket, a timeous motion thought late, a further motion (of uncertain provenance), a wrongly-captioned appeal, a long-delayed reconsid...

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