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  • United States v. J Obrien
    872 F2d 1030
    Defendant John J. O'Brien appeals his conviction on two counts of filing a false credit application in violation of 18 U.S.C. Sec. 1014. We affirm. Defendant was a probate judge in Oakland County, ...

  • Rivers v. C Lawn
    872 F2d 1028
    Dr. James B. Rivers ("Dr. Rivers") appeals the decision of the Administrator of the Drug Enforcement Administration ("DEA") to revoke his Certificate of Registration and deny any pending applications ...

  • Norman v. Ducharme
    871 F2d 1483
    Nedley G. Norman appeals the district court's denial of his petition for a writ of habeas corpus. Norman contends that his sentence of life without parole is unconstitutional under United States v. J...

  • United States v. White
    869 F2d 822
    These cases, which have been consolidated for argument and appeal, involve the application of the sentencing guidelines promulgated by the United States Sentencing Commission pursuant to the Sentencin...

  • Estate McBride v. McBride
    872 F2d 1026
    The defendant appeals the final judgment for the plaintiff in this civil action to recover insurance proceeds. The plaintiff now moves to dismiss the appeal on the grounds that the defendant did not ...

  • State Of California v. American Stores Co
    872 F2d 837
    American Stores Company (American Stores), one of the nation's largest grocery retailers, appeals from orders denying its motion to dismiss and granting a motion for preliminary injunction in favor of...

  • United States v. Mejia Orosco
    868 F2d 807
    On petition for rehearing, Mejia-Orosco correctly points out that 18 U.S.C. Sec. 3742(d), now renumbered Sec. 3742(e), was amended in November of 1988 by the Anti-Drug Abuse Act of 1988. See P.L. 100...

  • United States v. Fisher K
    871 F2d 444
    This appeal presents as a threshold issue the appealability of the district court's order which denied appellants/defendants, Herbert K. Fisher and Herman Bloom's, motions to dismiss their indictment....

  • Humanik v. Beyer
    871 F2d 432
    We are asked in this habeas corpus proceeding to consider the constitutionality of New Jersey's so-called "diminished capacity" statute, N.J.Stat.Ann. Sec. 2C:4-2, which requires that the defendant be...

  • Womens Health Center Of West County Inc v. L Webster R
    871 F2d 1377
    This case involves plaintiffs' constitutional challenges to four sections of the Missouri statute governing abortions. The four challenged sections are Mo.Rev.Stat. Sec. 188.080, requiring that phys...

  • United States v. Barrett
    870 F2d 953
    Defendant, James Barrett, appeals from sentences imposed after conviction by a jury on two counts. We have jurisdiction under 28 U.S.C. Sec. 1291. At the time of the events leading to the convictio...

  • Energy Resources Co Inc v. Energy Resources Co Inc
    871 F2d 223
    The Internal Revenue Code requires employers to withhold from their employees' paychecks money representing employees' personal income taxes, unemployment insurance and social security taxes that thos...

  • United States v. Cooper Zalkind
    872 F2d 1
    Attorney Norman Zalkind (Zalkind), of Boston, Massachusetts is appealing an Order of Reprimand based on the district court's determination that he had violated various provisions of the Code of Profes...

  • Robtoy v. Kincheloe
    871 F2d 1478
    Michael Robtoy appeals the district court's denial of his petition for a writ of habeas corpus. Robtoy contends that his sentence of life without parole is unconstitutional under United States v. Jac...

  • Joyce v. Clyde Sandoz Masonry
    871 F2d 1119
    This appeal requires us to determine whether a statutory time limitation bars a pension fund's suit to compel payments from an employer. The pension fund seeks relief under the Multiemployer Pension ...

  • Reddrick v. Curran L T K F E T
    872 F2d 1028
    Before ENGEL, Chief Judge, BOGGS, Circuit Judge, and COHN, District Judge. Plaintiff, Samuel T. Reddrick, appeals a judgment of the district court which denied his motion for relief from judgment fi...

  • Melton v. Whitaker Coal Company
    872 F2d 1026
    Henderson Melton, a coal miner, appeals the decision of the Benefits Review Board of the U.S. Department of Labor affirming the administrative law judge's determination that Melton was not entitled to...

  • United States v. Robinson
    873 F2d 1441
    The defendant in this case appeals his conviction on two counts of tax evasion and two counts of filing false returns, claiming only that the government failed to establish the specific intent require...

  • Unnamed John Smith Prisoners v. Meese
    871 F2d 881
    The appellants' petition for rehearing is granted. Upon reconsideration, our opinion filed July 19, 1988 and published at 851 F.2d 1236 is withdrawn and the attached opinion is substituted. The ful...

  • Horner v. Lynch
    878 F2d 1444
    Constance Horner, Director of the Office of Personnel Management (OPM), petitions for review of the Merit Systems Protection Board's (MSPB) December 14, 1988, order in Lynch v. Department of Education...

  • Franklin v. United States
    872 F2d 1025
    Arthur Franklin, a pro se federal prisoner, appeals the district court's denial of his motion to vacate his sentence filed pursuant to 28 U.S.C. Sec. 2255. This case has been referred to a panel of t...

  • Aliff v. Joy Technologies Incorporated E Aliff
    873 F2d 1437
    Elwin E. Aliff and Lin-Elco Corporation ("Aliff") appeal from the judgment of the district court entered after a jury verdict in the trial of their action against Joy Manufacturing Company for fraudul...

  • Morris Rector v. M Peterson
    871 F2d 948
    Robert Dunlap, Colorado Springs, Colo. (Anthony A. Johnson, Rector, Retherford, Mullen & Johnson, Colorado Springs, Colo., was also on the brief), for plaintiffs-appellants. Ken M. Peterson, Mo...

  • United States v. Karsseboom
    871 F2d 877
    Chris Leopaul Karsseboom appeals his conviction on five counts of wire fraud partly on grounds of violation of the Speedy Trial Act. 18 U.S.C. Secs. 3161 et seq. We reverse the conviction below and ...

  • Sibley v. Lutheran Hospital Of Maryland Inc
    871 F2d 479
    The district court granted summary judgment for Lutheran Hospital of Maryland, Inc. (Hospital) and Dr. Duleep Pradhan in this action filed against them by Dr. Anthony F. Sibley for defamation, neglig...

  • United States v. P Brown
    870 F2d 1354
    Donald Brown appeals his conviction and the sentence imposed upon him in the Eastern District of Wisconsin following his guilty plea to one count in an indictment charging him with violating 18 U.S.C....

  • United States v. P Scalish
    872 F2d 1030
    Before ENGEL, Chief Judge, BOGGS, Circuit Judge, and AVERN COHN, District Judge. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examinat...

  • Bankston v. F Dirisio
    872 F2d 1023
    Plaintiff, Howard C. Bankston, appeals an order of the district court which dismissed his action brought pursuant to both 42 U.S.C. Sec. 1983 and 28 U.S.C. Sec. 2254. He now moves for the summary rev...

  • Bennett v. Blanchard
    872 F2d 1024
    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...

  • Falk v. Secretary Of The Army
    870 F2d 941
    In 1964 appellant resigned from the United States Army as a result of his admitted homosexual conduct and was given an undesirable discharge. Years later he initiated and pursued a number of administ...

  • Fredkin v. Commissioner Of Internal Revenue
    870 F2d 801
    In 1977 taxpayers Norman and Annie Fredkin subleased the right to mine diamonds in Namibia from a Dutch company called Imperial Finance, N.V. ("Imperial"). Their sublease required them to pay Imperi...

  • State Of Texas v. E Lyng
    868 F2d 795
    Appellants challenge final rules promulgated by the United States Department of Agriculture, relaxing a quarantine on the shipment of citrus fruit from Florida to other citrus-producing areas. The q...

  • United States v. Allen
    872 F2d 1029
    Defendants Jeremiah Allen and Willie Taylor appeal from their convictions for possession of cocaine with intent to distribute and aiding and abetting one another in this possession in violation of 21 ...

  • Collins v. Pierce
    872 F2d 1024
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument ...

  • Carlton v. E Berg
    872 F2d 1024
    Edward N. Carlton, a pro se Michigan prisoner, appeals the district court's order dismissing his civil rights suit filed pursuant 42 U.S.C. Sec. 1983. This case has been referred to a panel of the co...

  • Griggs v. United States
    872 F2d 1025
    This federal prisoner, with the assistance of counsel, appeals the district court's order denying his motion to vacate, set aside, or correct sentence filed pursuant to 28 U.S.C. Sec. 2255. The appea...

  • Jones v. W Griffith Md
    870 F2d 1363
    Dr. Harold Griffith, the potential defendant in a prospective malpractice case, appeals from a "preliminary determination" made by a federal district court under the Indiana Medical Malpractice Act (I...

  • Branham v. N Kassicieh
    872 F2d 1024
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument ...

  • Hinesville Bank v. Pony Express Courier Corp
    868 F2d 1532
    In this diversity case, we apply the law of Georgia to affirm the district court's ruling that a common carrier is liable for the full amount one of its customer's lost because of the negligence of th...

  • Grant v. United States
    872 F2d 1025
    This pro se federal prisoner appeals the district court's order denying his motion to vacate sentence filed pursuant to 28 U.S.C. Sec. 2255. This case has been referred to a panel of the court pursua...

  • Motton v. Jackson Sun Inc
    872 F2d 1027
    Before ENGEL, Chief Judge, BOGGS, Circuit Judge, and AVERN COHN, District Judge. Charlie L. Motton, a pro se Tennessee plaintiff, appeals the district court's order dismissing his civil rights actio...

  • Native Village Of Noatak v. Hoffman
    872 F2d 1384
    The Native Village of Noatak, the Native Village of Akiachak and Circle Village brought this action against the Commissioner of the Department of Community and Regional Affairs of the State of Alaska ...

  • Rushing v. H Butler
    868 F2d 800
    In this capital case, petitioner-appellant David R. Rushing appeals the district court's denial of his petition for habeas corpus relief under 28 U.S.C. Sec. 2254. Because we find that the petitioner...

  • Boothe v. Bc Plageman
    873 F2d 1437
    Sherman Lee Boothe, Sr. seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses t...

  • De Cisneros v. Younger Overall Construction Incorporated
    871 F2d 305
    Plaintiff Ela F. de Cisneros appeals from a September 15, 1988 order of the United States District Court for the Southern District of New York (Mukasey, J.), staying the instant federal action under t...

  • McFadden v. C Smith
    873 F2d 1439
    James McFadden, a federal inmate, appeals the dismissal of his second suit alleging that his federally appointed counsel committed malpractice during the prosecution that resulted in McFadden's convic...

  • Chemical Manufacturers Association v. Us Environmental Protection Agency
    870 F2d 177
    By RUBIN, GARZA and KING, Circuit Judges Jointly. Acting under the mandate of the Clean Water Act (CWA), the Environmental Protection Agency (EPA), has promulgated final regulations limiting the dis...

  • McLaughlin v. Service Employees Union
    871 F2d 857
    The Secretary of Labor (Secretary) appeals from portions of the final judgment in this matter granting the application of the Service Employees Union, AFL-CIO, Local 280 (Local 280), requesting a prot...

  • Wolchuck v. R Bowen Md
    871 F2d 869
    The district court upheld the final decision of the Secretary of Health and Human Services (HHS) that appellant Harvey Wolchuck, who applied for father's insurance benefits in 1985, was not entitled t...

  • United States v. Aguilar
    871 F2d 1436
    Appellants were convicted of masterminding and running a modern-day underground railroad that smuggled Central American natives across the Mexican border with Arizona. Beginning in Mexico, various a...

  • National Wildlife Federation v. F Burford G
    871 F2d 849
    The National Wildlife Federation ("NWF"), Montana Wildlife Federation, Northern Plains Resource Council, and the Powder River Basin Resource Council appeal the district court's entry of summary judgme...

  • Eastern Telecom Corporation v. Borough Of East Conemaugh
    872 F2d 30
    Eastern Telecom Corporation, an operator of cable television systems, including the system serving the Borough of East Conemaugh, Pennsylvania, appeals from a judgment in favor of that Borough in East...

  • Jackvony v. Riht Financial Corporation R Cioci
    873 F2d 411
    In September 1982 the Rhode Island Hospital Trust Bank bought the Columbus National Bank by purchasing its shares. It agreed to give the Columbus shareholders their choice of $25 cash or $25 worth of...

  • Henley v. Rf Wilson and Kl
    873 F2d 1438
    Johnnie Henley seeks to appeal the district court's order dismissing his petition for habeas corpus relief pursuant to 28 U.S.C. Sec. 2254 for failing to exhaust his state remedies on all of his claim...

  • Application Art Laboratories Co Ltd v. Morita Morita
    878 F2d 1443
    Tamao Morita and Magleader Co., Ltd. (Morita) move to dismiss the cross-appeals of Application Art Laboratories Co., Ltd. (AA), appeal nos. 89-1271 and 89-1294. AA opposes the motion. Morita moves...

  • People Of The Territory Of Guam v. Sn Cruz
    871 F2d 101
    Alvin Cruz was convicted of robbery in the first degree and sentenced to 14 years in prison. The Appellate Division of the District Court of Guam affirmed his conviction. He now appeals to this cour...

  • Stover v. Director Office Of Workers Compensation Programs United States Department Of Labor
    873 F2d 1440
    Claude Stover petitions for review from the Benefits Review Board's decision and order affirming the administrative law judge's denial of benefits. Our review of the record and the Benefits Review Bo...

  • United States v. Weeks
    870 F2d 267
    In October of 1986, Danny Michael Weeks and James Lee Colvin were indicted in the United States District Court for the Southern District of Texas for kidnapping Linda M. Mayeaux and Karyn Leslie Lacch...

  • Hadix v. M Johnson
    871 F2d 1087
    This is an interlocutory appeal from a temporary restraining order preventing prison officials at the State Prison of Southern Michigan ("SPSM") in Jackson, Michigan, from examining files at the Priso...

  • Sneed v. Warden Maryland State Penitentiary
    873 F2d 1440
    Roosevelt Sneed seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion accepting the recom...

  • James v. B Taylor
    873 F2d 1439
    Orillion James, a Virginia inmate, seeks a certificate of probable cause for appeal of the district court's dismissal of his petition for habeas corpus. We deny a certificate of probable cause and di...

  • Gon v. First State Insurance Company
    871 F2d 863
    First State Insurance Company appeals an order of the district court requiring it to pay all legal expenses of the insureds as they are incurred, without contemporaneous apportionment, in ongoing liti...

  • Begun v. Ohio State Medical Board State Of Ohio
    872 F2d 1023
    The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is no...

  • Hayes v. The Madison Housing Authority Tpm
    872 F2d 417
    Herbert Hayes appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion discloses that this appeal is without merit. ...

  • Curry v. H Haden Ii
    872 F2d 416
    Claude Raymond Curry appeals the district court's dismissal of his "Petition and Motion for Records and Evidence." We affirm. In his petition, Curry asked the district court to direct the clerk o...

  • Smith v. State Of Maryland C
    872 F2d 419
    Allen Blair Smith seeks to appeal the district court's order dismissing his petition for a writ of habeas corpus, brought pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district co...

  • Ruppert v. Bowen
    871 F2d 1172
    Eleven appellants challenge the method used by the Social Security Administration (SSA) to calculate their benefits under the Supplemental Security Income (SSI) program, which provides income to the e...

  • Pittman v. Director Department Of Corrections
    872 F2d 419
    John Pittman, Jr., appeals from the district court's order accepting the magistrate's recommendation to dismiss his 28 U.S.C. Sec. 2254 petition. For the reasons stated below we deny a certificate of...

  • United States v. Ray L
    872 F2d 420
    Pursuant to a plea agreement, Dailon Ray was convicted of one count of transporting a firearm in interstate commerce after being convicted of at least three felonies in violation of 18 U.S.C. Sec. 922...

  • Rri Realty Corp v. Incorporated Village Of Southampton L D F L A R
    870 F2d 911
    Evan H. Krinick, Uniondale, N.Y. (Frank L. Amoroso, Richard C. Mooney, Rivkin, Radler, Dunne & Bayh, Uniondale, N.Y., on the brief), for defendants-appellants-cross-appellees Members of Bd. of Tr...

  • Rogerson v. Secretary Of Health and Human Services
    872 F2d 24
    On September 30, 1980, Rogerson filed a second application for disability benefits. Rogerson stated that she was suffering from hypertension and an enlarged liver and spleen that prevented her from w...

  • Price Lompa v. Price
    871 F2d 97
    In this appeal we are asked to decide whether a bankrupt's creditor was given proper notice of the debtor's filing of a petition in bankruptcy when he was not listed as a creditor in the filing but hi...

  • Lessinger v. Commissioner Of Internal Revenue
    872 F2d 519
    Taxpayers Sol and Edith Lessinger appeal from that portion of a decision of the United States Tax Court, Charles E. Clapp II, Judge, finding them liable for income taxes of $113,242.55 for the tax yea...

  • Davis v. E Johnson
    872 F2d 416
    Richard Lee Davis, Jr. seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses th...

  • Coastal Corporation v. Texas Eastern Corporation A I R H
    869 F2d 817
    An injunction procured by material misrepresentation may not be sustained. The circumstances in this case demonstrate that Coastal has not sought equitable relief with clean hands. We therefore vaca...

  • United States v. Beech Nut Nutrition Corporation
    871 F2d 1181
    Defendants Neils L. Hoyvald and John F. Lavery appeal from judgments of conviction entered in the United States District Court for the Eastern District of New York after a jury trial before Thomas C. ...

  • United States v. W Novak
    870 F2d 1345
    To quote the district judge, "[T]his is not a venture of which law enforcement might be proud." Except for the regrettable performance of the officers this should have been a routine narcotics inve...

  • Bradley v. United States
    870 F2d 1578
    Appellants are journeymen plate printers, currently or formerly employed by the Bureau of Engraving and Printing (BEP) of the Department of the Treasury (DOT), and their local union (collectively, her...

  • Mayoza v. Heinold Commodities Inc
    871 F2d 672
    The plaintiff-appellant, Dr. James Mayoza, an investor in commodity futures, lost a substantial sum of money with the collapse of the silver futures market in late February of 1982. Subsequently, he ...

  • United States v. Perez
    871 F2d 45
    Alfredo Perez appeals (1) the district court's denial of his motion to strike and/or declare a mistrial for the testimony of a witness referring partially to a drug related incident prior to the time ...

  • Anderson v. Southern Iowa Electric Cooperative Inc Estate Of Brown Mauzy
    871 F2d 74
    These cases, consolidated for trial, were filed in United States District Court for the Southern District of Iowa, Central Division, under diversity of citizenship jurisdiction. 28 U.S.C. Sec. 1332. ...

  • United States v. H Schafrick
    871 F2d 300
    Bruce H. Schafrick appeals from a judgment of conviction, dated September 15, 1988, after a jury trial before Alan H. Nevas, J., in the United States District Court for the District of Connecticut. S...

  • Mai Basic Four Inc v. Prime Computer Inc
    871 F2d 212
    This expedited appeal arises out of the efforts of a group of companies in the computer industry, MAI Basic Four, Choice Corporation, and Brooke Partners, L.P. (collectively Basic), to take over cont...

  • United States v. Santiago Soto
    871 F2d 200
    On August 12, 1986, a jury convicted Felix Santiago Soto (Santiago) of violating 18 U.S.C. Sec. 1702 (obstruction of correspondence by a postal employee) and Sec. 1709 (theft of a postal package by a ...

  • Disher v. Information Resources Inc
    873 F2d 136
    This appeal by the defendants from a judgment dismissing the suit against them without prejudice, reported at 691 F.Supp. 75 (N.D.Ill.1988), requires us to decide issues of appealability and pendent j...

  • United States v. L Galindo
    871 F2d 99
    On this appeal from a conviction for five counts of mail theft, in violation of 18 U.S.C. Sec. 1708, followed by the denial of a motion to dismiss the indictment, we consider whether the evidence of a...

  • Wright v. Jefferson County Police Department L
    872 F2d 1031
    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...

  • Walker v. Harris Corporation Bindery Systems Division
    872 F2d 1030
    John F. Walker, proceeding pro se, appeals from the entry of summary judgment in favor of his former employer in a suit filed under the Age Discrimination in Employment Act, 29 U.S.C. Sec. 621 et seq....

  • United States v. Pastor
    872 F2d 1030
    Defendant Jesus Pastor ("Pastor") appeals his jury conviction and the sentence imposed. Pastor contends that the district court erred by refusing to admit a defense exhibit, by limiting cross-examina...

  • Tyler v. E Bumgarner
    872 F2d 419
    Ronald Tyler, a North Carolina inmate, sought a writ of habeas corpus under 28 U.S.C. Sec. 2254 alleging that (1) his guilty plea was involuntarily obtained because his attorney allegedly promised him...

  • Modern Computer Systems Inc v. Modern Banking Systems Inc
    871 F2d 734
    Modern Computer Systems, Inc. (MC) appeals from the district court's denial of its motion for a preliminary injunction pending a ruling on the merits of its claims against Modern Banking Systems, Inc...

  • United States v. Vincent
    872 F2d 1030
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument ...

  • Martha White Foods Inc v. National Labor Relations Board
    872 F2d 1026
    Petitioner, Martha White Foods, Inc. ("the Company") seeks to review and set aside an order issued by the National Labor Relations Board ("NLRB"). The NLRB has filed a cross-petition seeking enforce...

  • Nelson v. J Ingram R
    872 F2d 1027
    This Ohio prisoner, by counsel, appeals the district court's order dismissing his civil rights claim filed under 42 U.S.C. Sec. 1983. The appeal has been referred to a panel of the court pursuant to ...

  • Kim v. Fujikawa
    871 F2d 1427
    These cases, consolidated for purposes of appeal, involve several issues arising from actions against a fiduciary of employee benefit plans who violated the prohibited transaction provisions of the Em...

  • National Labor Relations Board v. Greenleaf Motor Express Inc
    872 F2d 1027
    The National Labor Relations Board ("the Board") petitions this court to enforce its order against Greenleaf Motor Express, Inc. ("Greenleaf"), a union shop, and Ashtabula Chemical Corporation ("Asht...

  • Southern Pacific Transportation Company v. Interstate Commerce Commission
    871 F2d 838
    The Interstate Commerce Commission rejected Southern Pacific's application to abandon its 38.573-mile Placerville Branch serving El Dorado County, California, near Lake Tahoe, essentially on the groun...

  • United States v. Rushdan
    870 F2d 1509
    Omar Rushdan was found guilty of conspiracy to traffic in and possess counterfeit credits cards in violation of 18 U.S.C. Sec. 1029(b)(2) (Supp. IV 1986) and of possession of fifteen or more counterfe...

  • Ritchie v. Livesay
    872 F2d 1028
    Barry W. Ritchie, a Tennessee prisoner, appeals the district court's order dismissing his habeas petition filed pursuant to 28 U.S.C. Sec. 2254. This case has been referred to a panel of the court pu...

  • Trapp v. P Seiter
    872 F2d 1029
    William John Trapp, a pro se Ohio state prisoner, appeals from the district court's entry of summary judgment in favor of defendants in his civil rights suit filed under 42 U.S.C. Sec. 1983. This cas...

  • National Labor Relations Board v. Wl Miller Company Eastern Missouri Laborers District Council
    871 F2d 745
    The National Labor Relations Board seeks to enforce an order against the W.L. Miller Company for violation of sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act, 29 U.S.C. Secs. 158(a)(1...

  • Bird v. Shearson Lehmanamerican Express Inc R
    871 F2d 292
    We are asked to determine whether a statutory claim created by the Employee Retirement Income Security Act (ERISA) is subject to compulsory arbitration. Because Congress envisioned a judicial forum, ...

  • Mack v. Great Atlantic and Pacific Tea Company Inc
    871 F2d 179
    On October 28, 1983, plaintiff-appellant Thomasina Mack, a black woman, sued her employer, Great Atlantic and Pacific Tea Company (A & P), charging race and sex discrimination. The district court...

  • Lake Hefner Open Space Alliance v. Dole
    871 F2d 943
    Lake Hefner Open Space Alliance, an Oklahoma non-profit corporation formed for the purpose of preserving open space and controlling use, improvement, and development of the land surrounding Lake Hefne...

  • Ashland Oil Inc v. Cardinal Fuels Inc W
    872 F2d 416
    Cardinal Fuels, Inc., Home Oil Company, Inc., Southside Oil Company, Inc. (the Oil Companies), and Tucker W. McLaughlin (collectively, the Defendants) appeal from the grant of summary judgment in fav...

  • United States v. Pounds Of Salmon Union Inc
    871 F2d 824
    We are asked to decide whether a determination by the Board of Foreign Trade of the Republic of China (Taiwan) prohibiting export of salmon without a permit constitutes "foreign law" within the meanin...

  • St Agnes Medical Center v. National Labor Relations Board
    871 F2d 137
    St. Agnes Medical Center petitions for review of an order of the National Labor Relations Board setting aside a decertification election and requiring St. Agnes to bargain with the union that had repr...

  • Mikels v. Director Office Of Workers Compensation Programs United States Department Of Labor E Iii
    870 F2d 1407
    Florence Mikels is the widow of Charles Mikels (Mikels), a coal miner who died at age forty-nine on September 25, 1961. Mrs. Mikels filed for benefits on February 20, 1974, under the Black Lung Benef...

  • Coward v. Story
    871 F2d 1087
    Before BOYCE F. MARTIN, Jr. and MILBURN, Circuit Judges, and JOHN D. HOLSCHUH, District Judge. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. ...

  • Goodman v. R Story Fci
    871 F2d 1087
    Oscar Cornelius Goodman appeals the district court's order denying his petition for relief filed pursuant to 28 U.S.C. Sec. 2241. This case has been referred to a panel of the court pursuant to Rule ...

  • California Home Brands Inc v. Ferreira
    871 F2d 830
    California Home Brands, Inc. and Pan Pacific Fisheries (hereafter collectively CHB), shipowners, appeal dismissal of their suit for indemnity and contribution from their seaman-employee, Danny Ferreir...

  • Abramson v. A Mackenzie J B E
    872 F2d 416
    Neil Abramson appeals from the district court's order refusing relief under 42 U.S.C. Sec. 1985. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • United Transportation Union v. Interstate Commerce Commission
    871 F2d 1114
    This case turns on whether a pending petition for administrative reconsideration renders the underlying agency decision nonfinal, and hence unreviewable, with respect to the petitioning party. The U...

  • King v. P Emery
    871 F2d 1088
    King appeals the district court's dismissal of her civil rights claim under 42 U.S.C. Sec. 1983 against defendant Benny Walker, for wrongful eviction in March of 1985, as time barred under the one-yea...

  • North American Coal Company v. C Miller
    870 F2d 948
    William C. Miller was born in 1928 and began work in the nation's coal mines in 1947. In 1948 he began working for North American and continued working for them until he was laid off in 1982. Both p...

  • Burt v. Ferrese
    871 F2d 14
    This is an appeal from the district court's grant of summary judgment for the defendants in a civil rights suit brought by plaintiff-appellant Daniel W. Burt. Our review is plenary. Concluding that ...

  • Favors v. Bos D
    871 F2d 1087
    Gene Favors, proceeding pro se, appeals the district court's judgment dismissing his civil rights action filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel pursuant to Rule 9(a), ...

  • Retsieg Corp v. Arco Petroleum Products Company I X
    870 F2d 1495
    Retsieg Corporation appeals the district court's order of summary judgment in favor of Atlantic Richfield Company ("ARCO"), in Retsieg's action under 15 U.S.C. Secs. 2801-41 (1982) challenging ARCO's ...

  • Farrell v. Automobile Club Of Michigan
    870 F2d 1129
    The issue in this ERISA and state age discrimination case is whether the District Court properly dismissed plaintiffs' ERISA claim as time barred on the grounds that (1) the plaintiffs had actual know...

  • Grant v. J Hollenbach C
    870 F2d 1135
    This case involves the question of whether two county prosecutors in Kentucky are absolutely immune from suit under Sec. 1983 for their involvement in the indictment of the plaintiff for child abuse. ...

  • Hurst v. United States
    871 F2d 1087
    Before BOYCE F. MARTIN, Jr. and MILBURN, Circuit Judges, and JOHN D. HOLSCHUH, District Judge. Hurst, a pro se federal prisoner, requests the appointment of counsel and appeals the district court's ...

  • Apostol v. Gallion Auriemma
    870 F2d 1335
    So it may be significant that Forsyth invokes Cohen 's collateral order doctrine. Forsyth 's direct predecessor, Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977), holds that...

  • McCarthy v. United States
    870 F2d 1499
    We must determine the propriety of a damage award made pursuant to a claim under the Federal Tort Claims Act, 26 U.S.C. Sec. 2671, et seq. We affirm in part, reverse in part, and remand. Kyile Th...

  • Nalley v. Baisas
    871 F2d 1088
    James Nalley appeals the district court's judgment dismissing his civil rights action filed under 42 U.S.C. Sec. 1983. The appeal has been referred to a panel pursuant to Rule 9(a), Rules of the Sixt...

  • In Re Frank Dicicca and Faris Fahmy
    871 F2d 1097
    The decisions of the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office (Board), affirming the examiner's rejections of all the claims in the appellants' three ...

  • Woller v. Brown
    871 F2d 1089
    Gregory K. Woller, a Michigan prisoner proceeding pro se, seeks the appointment of counsel in his appeal from the judgment of the district court dismissing his suit filed pursuant to 42 U.S.C. Sec. 19...

  • United States v. W Homa D R
    871 F2d 1089
    Steven Wayne Homa, Kenneth Dale Durrum and Harvey Russell Durrum appeal their sentences for violation of federal drug laws. The three were arrested on February 2, 1988 in Lexington, Kentucky during a...

  • United States v. L Boles
    871 F2d 1089
    Before BOYCE F. MARTIN, Jr. and MILBURN, Circuit Judges, and JOHN D. HOLSCHUH, District Judge. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. ...

  • Wrenn v. Stone
    871 F2d 1089
    Plaintiff Wrenn appeals pro se from the district court's order dismissing this diversity case. 28 U.S.C. Sec. 1332. The appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules ...

  • Zuberi
    871 F2d 1089
    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. J Koritko
    870 F2d 738
    * Koritko's erratic behavior in the White House on April 5, 1988 led to his arrest and indictment, on May 17, 1988, charging him with committing two federal felony offenses. See 18 U.S.C. Sec. 871(a...

  • Lockett v. International Paper Company
    871 F2d 82
    Danny Lockett was injured on the job in August of 1985 while employed as a laborer by Papco Construction Company (Papco), a wholly-owned subsidiary of International Paper Company (IPC). IPC had contr...

  • United States v. Brown
    871 F2d 80
    Glenn Brown appeals from the judgment entered by the district court upon a jury verdict finding him guilty of possession with intent to distribute phencyclidine, of conspiring to possess with intent t...

  • In The Matter Of Russell E Sinclair Sr and M Marguerite Sinclairs
    870 F2d 1340
    This case presents a conflict between a statute and its legislative history. The Sinclairs, who have a family farm, filed a bankruptcy petition in April 1985 under Chapter 11 of the Bankruptcy Act of...

  • Dj West v. M Muncy
    872 F2d 420
    Paul D.J. West seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses that this ...

  • United States v. J Barte
    868 F2d 773
    The Government appeals the trial court's denial of its pre-trial motion to reconsider the suppression of certain items of physical evidence. Concluding that the challenged evidence was admissible, we...

  • Chauvin v. Sanford Offshore Salvage Inc X Y
    868 F2d 735
    We are once again called upon to examine the problem of determining whether a party is a seaman or a longshoreman for purposes of applying either the Jones Act, 46 U.S.C.App. Sec. 688, or the Longshor...

  • Nolan v. Prime Tanning Company Inc
    871 F2d 76
    James and Angie Nolan appeal from district court orders denying their motion to remand their products liability case to state court, and granting summary judgment to the Prime Tanning Company, Inc. an...

  • Ford v. An Indeterminate Number Of Persons Or Agencies
    872 F2d 417
    Rossie C. Ford, Jr. appeals the district court's order dismissing without prejudice his actions filed under 42 U.S.C. Sec. 1983 and 28 U.S.C. Sec. 2254. These matters were referred to a magistrate pu...

  • Peluso v. United States
    871 F2d 1088
    This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Review of the papers before the court indicates that appellant was found guilty of perjury an...

  • Platsis Pc v. Ef Hutton and Company Inc
    871 F2d 1088
    The plaintiff appeals the orders dismissing one count of the plaintiff's complaint and awarding Fed.R.Civ.P. 11 sanctions in this civil diversity action involving corporate bond fraud. The defendants...

  • Pliley v. Secretary Of Health and Human Services
    871 F2d 1088
    Before BOYCE F. MARTIN Jr. and MILBURN, Circuit Judges, and JOHN D. HOLSCHUH, District Judge*. This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit...

  • Phillips v. Secretary Of Health and Human Services
    871 F2d 1088
    Phillips appeals the finding of the Secretary of Health and Human Services of non-disability on her claim for a period of disability and disability insurance benefits pursuant to Secs. 216(i) and 223 ...

  • Mosley v. W Murray
    872 F2d 418
    Melvin Mosley seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses that this a...

  • Crabtree Craig v. Seymour
    871 F2d 36
    Swan Seymour appeals the district court's order affirming the judgment of the bankruptcy court for bankruptcy trustee D. Broward Craig. We affirm the order of the district court. On April 9, 1979, ...

  • Ocean Energy Ii Inc v. Alexander and Alexander Inc
    868 F2d 740
    Plaintiffs-appellants Ocean Energy II, Inc. and Coteau Services, Inc. (at times collectively referred to herein as "Pressure Services") brought this suit against its insurance agent Alexander & A...

  • Head v. Jellico Housing Authority
    870 F2d 1117
    In case number 88-5353, Lucille Head appeals to this court from the district court's February 17, 1988 order granting defendants' motion for summary judgment and denying plaintiff's motions for partia...

  • National Labor Relations Board v. Plymouth Stamping Division Eltec Corporation
    870 F2d 1112
    The National Labor Relations Board (Board), seeks enforcement of its Decision and Order against respondent, the Plymouth Stamping Division of the Eltec Corporation, finding that respondent violated Se...

  • Federal Deposit Insurance Corporation v. Aetna Casualty Insurance Company
    871 F2d 1087
    The plaintiff, Federal Deposit Insurance Corporation, appeals the magistrate's order compelling two non-party witnesses to respond to questions propounded in the course of discovery depositions. The ...

  • Dube v. Pittsburgh Corning A Dube
    870 F2d 790
    These are consolidated appeals of four manufacturers of asbestos, following judgment for the government on appellants' claims for contribution for asbestos-related damages arising from the Portsmouth ...

  • United States v. Dillon
    870 F2d 1125
    Appellant Thomas J. Dillon was indicted for, and convicted of, various drug offenses: 21 U.S.C. Sec. 841(a)(1) (distribution of cocaine); 21 U.S.C. Sec. 846 (conspiracy to possess cocaine with inten...

  • Wolf v. City Of Fitchburg G
    870 F2d 1327
    The plaintiff-appellant Nancy Wolf appeals the district court's grant of summary judgment on all counts to the defendants-appellees City of Fitchburg, Wisconsin and G. Jean Seiling. In her section 19...

  • Exxon Company Usa Division Of Exxon Corporation v. Banque Paris Pays Bas
    867 F2d 1524
    On remand, the Supreme Court of the United States has directed us to consider Kerr Construction Co. v. Plains National Bank and, taking that decision into account, to reconsider our prior opinion. B...

  • Bragg v. Secretary Of Health and Human Services
    871 F2d 1087
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Josephine Bragg moves for the appointment of counsel on appeal from the district court's order ...

  • Nolon Iii v. Cw Bland
    872 F2d 418
    Ardi D. Nolon, III, appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion discloses that this appeal is without m...

  • Miller v. Martin R Bf
    872 F2d 418
    Michael Curtis Miller appeals the district court's denial of his motion to amend, to hold the defendants in contempt, and for judicial notice of adjudicative facts, as well as the court's order to sta...

  • Heileman Brewing Co Inc v. Joseph Oat Corporation
    871 F2d 648
    May a federal district court order litigants--even those represented by counsel--to appear before it in person at a pretrial conference for the purpose of discussing the posture and settlement of the ...

  • American Postal Workers Union Columbus Area Local Afl Cio
    871 F2d 556
    The plaintiffs-appellants in this class action, the American Postal Workers Union, Columbus Area Local, AFL-CIO (Postal Union) and six named individual postal employees representing a class of some 16...

  • Blair v. J McCarthy
    881 F2d 602
    Appellant McCarthy, Director of the Department of Corrections of the State of California, appeals the district court's decision to grant appellee Blair's petition for a writ of habeas corpus. We affi...

  • Aircrash In Bali Indonesia Causey v. B Zinke
    871 F2d 812
    This case involves the crash of Pan Am Flight 812 in Bali on April 22, 1974 in which the crew and all the passengers were killed. Pan American World Airways, Inc. (Pan Am) appeals an adverse jury ve...

  • Sylvester v. Us Army Corps Of Engineers J W O
    871 F2d 817
    We issued an order on February 23, 1989, modifying a preliminary injunction in a suit by Frederic D. Sylvester against the United States Army Corps of Engineers (the Corps), four federal officials (wi...

  • United States v. Cartons More Or Less Of An Article Or Drug
    871 F2d 409
    Appellant Sandoz Pharmaceuticals Corporation has been unsuccessful in its attempt to obtain Food and Drug Administration (FDA) approval of its new drug applications for the products in question under ...

  • Garel Skatebike International Inc v. Lerun Industries Inc
    871 F2d 1097
    The amended order of the United States District Court for the Eastern District of Michigan, denying the motion of the appellant Garel Skatebike International, Inc. (Garel Skatebike) for a preliminary...

  • Washington v. Union Carbide Corporation
    870 F2d 957
    This case raises questions about the proper method of resolving claims that a state-law cause of action is preempted under Sec. 301 of the Labor Management Relations Act. We hold that it lies within ...

  • Meadows v. Av Dodrill C P
    872 F2d 418
    Glen Meadows, a West Virginia inmate, appeals from the district court order dismissing his claims under 42 U.S.C. Sec. 1983 pursuant to 28 U.S.C. Sec. 1915(d). Meadows alleged in his complaint that h...

  • Lee v. Brown
    872 F2d 418
    Linwood C. Lee, a federal inmate in Texarkana, Texas, appeals in forma pauperis from the district's dismissal of his diversity action. Upon review of the record and the submissions on appeal, we disp...

  • Proteus Books Limited v. Cherry Lane Music Company Incorporated
    873 F2d 502
    This is an appeal and cross-appeal from a judgment of the United States District Court for the Southern District of New York, Carter, J., in an action based on a contract executed in 1983 by plaintiff...

  • McRoy v. Peabody Coal Company
    871 F2d 1088
    The petitioner seeks review of an order of the Benefits Review Board (Board) vacating the award of black lung disability benefits and remanding the case to an Administrative Law Judge (ALJ) for a de n...

  • United States v. Zabare
    871 F2d 282
    This is an appeal from a judgment of conviction entered in the United States District Court for the Southern District of New York, after a three-day bench trial before Judge Charles S. Haight, Jr. Ap...

  • Tyler v. E Johnson
    872 F2d 419
    Al James Tyler seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses that this ...

  • Mohammed v. Packard
    872 F2d 418
    Sahid Mohammed appeals an order of the district court refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. We previously affirmed the district court's judgment as to three claims raised by ...

  • Axis v. Micafil Inc
    870 F2d 1105
    This is an appeal from dismissal of an antitrust action pursuant to Fed.R.Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted, 681 F.Supp. 1271. The question for decision...

  • Shea v. Tisch
    870 F2d 786
    Appellant Shea, who worked for the postal service for many years, brought an action against the defendant postmaster general contending he had been discriminated against because of his handicap. Defe...

  • United States v. Shepherd
    872 F2d 420
    Tyrone Shepherd appeals the district court's summary dismissal of his motion brought pursuant to 28 U.S.C. Sec. 2255. Because it is "plainly apparent" from Shepherd's motion and the record of Shepher...

  • Williams v. E Wright J J
    872 F2d 420
    Pierre Williams, a Virginia state prisoner, filed suit under 42 U.S.C. Sec. 1983 contending that he was wrongfully denied a prison job because he was an admitted homosexual. We hold that the distric...

  • Sellers v. United States
    870 F2d 1098
    Sellers appeals the decision of the district court finding that, as a matter of law, the government owed no duty to Sellers's ward for the conduct of Allen Firestine, who was treated for manic depress...

  • International Longshoremens Association Afl Cio v. National Mediation Board
    870 F2d 733
    This case involves the definition of "carrier" under the Railway Labor Act ("Act"), 45 U.S.C. Sec. 151, First. Appellant, the International Longshoremen's Association, AFL-CIO ("ILA"), challenges t...

  • United States v. Todd
    871 F2d 1089
    The defendant was convicted of conspiracy to distribute narcotics. The judgment and conviction order was entered on February 2, 1988. Counsel was retained. The defendant's counsel filed a timely no...

  • Waterhouse v. Maggart and Welch Pc
    871 F2d 1089
    Carmack Waterhouse, an attorney representing himself, appeals from a district court judgment which dismissed with prejudice his suit for damages for alleged violations of the Securities and Exchange A...

  • United States v. Halliburton
    870 F2d 557
    Larry Halliburton appeals from the judgment of conviction entered after a jury found him guilty of conspiracy to distribute cocaine pursuant to 21 U.S.C. Sec. 846 and possession with intent to distrib...

  • Payne v. Bair Rl Ra Ec Cp
    872 F2d 418
    Joseph P. Payne, Sr., appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion discloses that this appeal is without...

  • Western Fuels Utah Inc v. Federal Mine Safety and Health Review Commission
    870 F2d 711
    Petitioner Western Fuels-Utah petitions for review of an order issued by respondent Federal Mine Safety and Health Review Commission requiring Western to pay a penalty pursuant to the Federal Mine Saf...

  • Wright v. W Murray
    872 F2d 420
    Clarence Lee Wright seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion accepting the r...

  • Anr Pipeline Company v. Federal Energy Regulatory Commission
    870 F2d 717
    Carolyn S. Hazel, Houston, Tex., John P. Beall, Kathleen E. Magruder, Houston, Tex., and Michael L. Pate were on the joint brief for intervenors in support of respondent. Thomas H. Burton, Houston, ...

  • Refac Electronics Corporation v. Rh Macy and Co Inc
    871 F2d 1097
    Refac Electronics Corporation and Refac Technology Development Corporation (Refac) appeal the grant of summary judgment by the United States District Court for the District of New Jersey, Civil Action...

  • American Federation Of Government Employees Afl Cio Us v. Reagan
    870 F2d 723
    This appeal summons us to decide whether a presidential executive order purportedly exerting a statutorily-conferred power is legally ineffective because it does not show facially and affirmatively th...

  • United States v. M Ford
    870 F2d 729
    Appellant Glenwood M. Ford and his co-defendant Timothy A. Green were indicted and charged with conspiracy to distribute phencyclidine, 21 U.S.C. Sec. 846, and aiding and abetting in the distribution ...

  • Robinson v. McKellar T
    872 F2d 419
    David L. Robinson, a South Carolina inmate, sought a writ of habeas corpus under 28 U.S.C. Sec. 2254, contending that he was denied the assistance of counsel at his probation revocation hearing, and t...

  • United States v. Sarasti
    869 F2d 805
    Galo Eduardo Sarasti pled guilty to attempting to possess, with the intent to distribute, more than 500 grams of cocaine in violation of 21 U.S.C. Secs. 846, 841(a)(1), and 841(b)(1)(B). On appeal, h...

  • Levy v. Pyramid Company Of Ithaca
    871 F2d 9
    Plaintiffs-appellants Sophie Levy and Edgar Levy, pro se, appeal from a judgment entered in the United States District Court for the Northern District of New York, (Neal P. McCurn, Chief Judge ) grant...

  • Hardy v. E Rosenberry N
    872 F2d 417
    Herman W. Hardy appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion discloses that this appeal is without merit...

  • Hawkins v. Gluch
    871 F2d 1087
    Harry Hawkins appeals pro se the district court's judgment dismissing his petition for writ of habeas corpus filed under 28 U.S.C. Sec. 2241. The appeal has been referred to a panel pursuant to Rule ...

  • Equal Employment Opportunity Commission v. Andersons Restaurant Of Charlotte Inc Equal Employment Opp
    872 F2d 417
    The Equal Employment Opportunity Commission (EEOC) and Anderson's Restaurant of Charlotte, Inc. each appeal from the judgment of the district court in this employment discrimination action brought by ...

  • Melvin v. Johnson
    872 F2d 418
    Walter Oliver Melvin seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion accepting the ...

  • Wendys International Inc v. City Of Birmingham
    868 F2d 433
    In 1981 the City Council of the city of Birmingham, Alabama, approved a "Master Plan" which called for the redevelopment of the city's downtown area. At that time, the City Council found that the ex...

  • United States v. Dyal
    868 F2d 424
    A federal grand jury indicted defendant-appellee Bobby Glenn Dyal on three counts of mailing threatening letters, in violation of 18 U.S.C. Sec. 876. Dyal moved to dismiss the indictment with prejudi...

  • Indiana Office Of Utility Consumer Counselor v. Federal Energy Regulatory Commission
    871 F2d 155
    Before HARRY T. EDWARDS and RUTH B. GINSBURG, Circuit Judges, and FRANK A. KAUFMAN, United States Senior District Judge. This petition was considered on the record from the Federal Energy Regulatory...

  • Mobil Tank Car Service v. Interstate Commerce Commission
    871 F2d 155
    Before HARRY T. EDWARDS, and R.B. GINSBURG, Circuit Judges, FRANK A. KAUFMAN, United States Senior District Judge. The petition was considered on the record from the Interstate Commerce Commission a...

  • Al Muhaymin v. R Young
    871 F2d 1087
    Khalil-Ullah Al-Muhaymin appeals the district court's dismissal of his cause of action filed pursuant to 42 U.S.C. Secs. 1983, 1985 and 1986. This case has been referred to a panel of the court pursu...

  • United States v. J Smith
    871 F2d 155
    This case was considered on the record on appeal from a judgment of conviction entered on a jury verdict by the United States District Court for the District of Columbia and on briefs filed by the par...

  • Autry v. Federal Bureau Of Investigation H J D Us
    872 F2d 416
    Timothy Autry appeals the district court's order granting the defendants an extension of time to file a reply in Autry's Bivens -type action. Bivens v. Six Unknown Named Agents of Fed. Bureau of Na...

  • May v. Warner Amex Cable Communications
    871 F2d 1088
    This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. A review of the record indicates that appellant appealed on January 24, 1989, from the Januar...

  • United States v. Franco Torres
    869 F2d 797
    Raul Martin Franco-Torres and Manuel Velo-Gonzalez each pled guilty to conspiring to import more than one hundred kilograms of marijuana into the United States in violation of 21 U.S.C. Secs. 952(a), ...

  • Akers v. Hodel Will Of Akers Akers
    871 F2d 924
    This case concerns the will of Victor N. Akers, a deceased Indian with both Osage and Pawnee property interests that he bequeathed to his wife and two grown children. Because of his tribal affiliation...

  • United States v. Vanderweide
    871 F2d 1089
    These appeals have been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument...

  • United States v. Scales
    871 F2d 1089
    In the present case, the judgment recites that it was not imposed under the Sentencing Reform Act. Therefore, we must vacate the judgment of the district court and remand for resentencing. The judg...

  • Rollins v. State Of Florida Department Of Law Enforcement
    868 F2d 397
    This is a suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq. (1982). Appellant, Essie Rollins, alleges that the Florida Department of Law Enforcement (the FDLE) denie...

  • United States v. E Stephens
    871 F2d 1089
    The defendant appeals from the district court's judgment and sentence in this criminal case. 18 U.S.C. Sec. 3742(a)(1). The appeal has been referred to a panel of the court pursuant to Rule 9(a), Ru...

  • National Labor Relations Board v. Cal Western Transport
    870 F2d 1481
    The National Labor Relations Board (Board) petitions for enforcement of its order finding that Cal-Western Transport Co. (Company) violated sections 8(a)(1) and (5) of the National Labor Relations Ac...

  • 2
    871 F2d 1089
    The government appeals from the district court's judgment and sentence in this criminal case. 18 U.S.C. Sec. 3742(b). The appeal has been referred to a panel of the court pursuant to Rule 9(a), Rule...

  • Turboff v. Merrill Lynch Pierce Fenner and Smith Inc
    867 F2d 1518
    Rare is the occasion that Congress passes an act after the district court's ruling in a case, telling us how to dispose of the appeal. In this case, Congress amended the Federal Arbitration Act, effe...

  • United States v. A Cannizzaro
    871 F2d 809
    Michael A. Cannizzaro appeals the district court's denial of his motion to vacate, set aside or correct his sentence. Fed.R.Crim.P. 35(a). Following a plea of guilty, Cannizzaro was sentenced to two...

  • Evans v. United Life and Accident Insurance Company L Evans
    871 F2d 466
    The United States Life & Accident Insurance Company ("United") appeals from the denial of its motions to alter judgment, for a judgment n.o.v., or for a new trial. United submitted its motions af...

  • United States v. Local United Slate Tile and Composition Roofers
    871 F2d 401
    Appellants Local 30, United Slate, Tile and Composition Roofers, Damp and Waterproof Workers Association and Residential Reroofers Local 30B, United Slate, Tile and Composition Roofers, Damp and Water...

  • Matthews v. Cti Container Transport International Inc
    871 F2d 270
    Interpool, Ltd., Barbara and Dennis A. O'Connor, Grato & Sons Trucking (Grato) and Raymond Rodino appeal from a judgment entered against them in the United States District Court for the Southern D...

  • United States v. Dentley
    871 F2d 1089
    The government appeals from the district court's judgment and sentence in this criminal case. 18 U.S.C. Sec. 3742(b). The appeal has been referred to a panel of the court pursuant to Rule 9(a), Rule...

  • United States v. Hamlett
    871 F2d 1089
    In the present case, the judgment recites that it was not imposed under the Sentencing Reform Act. Therefore, we must vacate the judgment of the district court and remand for sentencing. The judgme...

  • United States v. Hurtado
    871 F2d 1089
    The government appeals from the district court's judgments and sentences in these criminal cases. 18 U.S.C. Sec. 3742(b). The appeals have been referred to a panel of the court pursuant to Rule 9(a)...

  • Shipner v. Eastern Air Lines Inc
    868 F2d 401
    In this action between Eastern Airlines (Eastern) and one of its former officers for benefits under a severance agreement, we are asked to determine whether the district court correctly interpreted th...

  • United States v. Jones
    871 F2d 1089
    These consolidated appeals have been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that ...

  • United States v. Wallach E
    870 F2d 902
    The essential question presented on this appeal is whether we have appellate jurisdiction to review an interlocutory order denying a pretrial motion to dismiss an indictment. Under the circumstances ...

  • Weimer v. Amen Se Ndigc 1983
    870 F2d 1400
    Claude T. Weimer, both individually and as representative of a class of depositors and holders of other obligations of the failed Commonwealth Savings Bank, brought this action under 42 U.S.C. Sec. 19...

  • Ray v. Dutton
    871 F2d 1088
    Before BOYCE F. MARTIN, Jr. and MILBURN, Circuit Judges, and BARBARA K. HACKETT, District Judge. James E. Ray, proceeding with benefit of counsel, appeals the judgment of the district court dismissi...

  • McGann v. State Of New York
    870 F2d 908
    Clarence Duke McGann appeals from an order of the United States District Court for the Southern District of New York, Vincent L. Broderick, J., dated January 25, 1988, dismissing McGann's petition for...

  • Action Temporary Services Inc v. Labor Force Inc
    870 F2d 1563
    In this concurrent use proceeding, the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board) granted summary judgment in favor of Labor Force, Inc. (Labor), holding...

  • Chilkat Indian Village v. R Johnson R
    870 F2d 1469
    Chilkat Indian Village is an Indian group organized under section 16 of the Indian Reorganization Act (IRA), 25 U.S.C. Sec. 476. It owns fee lands located in and around Klukwan, Alaska. The Village ...

  • United States v. Thornton
    872 F2d 420
    Douglas H. Thornton, a federal inmate, appeals from the dismissal of two motions for postconviction relief brought pursuant to 28 U.S.C. Sec. 2255. The first motion was dismissed by memorandum order ...

  • Herrington v. C Williams
    871 F2d 1087
    Plaintiff Herrington appeals pro se from the district court's judgment dismissing this prisoner's civil rights case. 42 U.S.C. Sec. 1983. The appeal has been referred to a panel of the court pursuan...

  • American Maritime Transport Inc v. United States
    870 F2d 1559
    Aeron Marine Shipping Company, American Shipping, Inc. and Archon Marine Company (Aeron) appeal the Claims Court order of June 22, 1988, 15 Cl.Ct. 29 denying Aeron's motion for intervention as of righ...

  • In Re Analog Devices
    871 F2d 1097
    Analog Devices, Inc. (ADI) appeals from the decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board refusing to register, as a trademark for a long list of high-tec...

  • Brooks James v. Washington Mutual Savings Bank
    871 F2d 89
    We must determine whether the trustee of a wife's subsequent bankruptcy may avoid a deed of trust rerecorded in violation of the automatic stay of her husband's earlier bankruptcy. * On October 1, 1...

  • Panages v. R Bowen
    871 F2d 91
    The Secretary of the Department of Health and Human Services appeals an order of the district court requiring the Secretary to reconsider two final decisions regarding John Panages' disability benefit...

  • Miami Heart Institute v. W Sullivan
    868 F2d 410
    The Miami Heart Institute is a research and medical center in Miami Beach, Florida. Sometime prior to 1981, the Institute decided to reconfigure its campus by replacing one of its older buildings--th...

  • United States v. Johnson
    871 F2d 1089
    The defendants appeal from the district court's judgments and sentences in these criminal cases. 18 U.S.C. Sec. 3742(a)(1). These appeals have been referred to a panel of the court pursuant to Rule ...

  • United States v. W Tidwell
    871 F2d 1089
    The defendant appeals from the district court's judgment and sentence in this criminal case. 18 U.S.C. Sec. 3742(a)(3)(A). The appeal has been referred to a panel of the court pursuant to Rule 9(a),...

  • Casey v. Director Office Of Workers Compensation Programs United States Department Of Labor
    871 F2d 1087
    Nathan Casey applied for benefits under the Federal Coal Mine Health and Safety Act, 30 U.S.C. 901 et seq. on June 13, 1979. His claim was denied administratively on August 28, 1979 and again on Sept...

  • Keffer
    872 F2d 60
    H.K. Porter Company (Porter) appeals from a district court order granting a summary judgment which ordered Porter to reinstate all retiree medical and life insurance benefits that its wholly-owned sub...

  • Bullock v. Ew Murray Rm
    872 F2d 416
    Robert A. Bullock, a Virginia inmate, seeks to appeal an order of the district court dismissing his claim under 42 U.S.C. Sec. 1983 for failure to pay the partial filing fee assessed. Bullock instit...

  • Colvin v. G Bullock
    872 F2d 416
    David Colvin appeals from the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses that this appea...

  • Parks v. B Barthlow
    872 F2d 418
    Curtis Edward Parks appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion discloses that this appeal is without ...

  • Stewart v. City Of Rogersville D M
    870 F2d 658
    David B. Stewart appeals from an order of the district court dismissing his action brought pursuant to 42 U.S.C. Sec. 1983. On May 12, 1988, Stewart and several friends were in the parking lot of a ...

  • Carpenter v. Wzoq H and E and H and S and R and Fcc A and McCoy and
    870 F2d 657
    Plaintiff Carpenter moves for pauper status on appeal from the district court's judgment dismissing the case and remanding to state court. Although the plaintiff's factual allegations in support of h...

  • Christianson v. Colt Industries Operating Corp
    870 F2d 1292
    Charles Christianson and his company, International Trade Services (together hereinafter referred to as "Christianson"), filed a two-count complaint against Colt Industries Operating Corp. ("Colt") a...

  • Painewebber Incorporated v. Farnam
    870 F2d 1286
    L. Andrew Brehm, Schuyler, Roche & Zwirner, Chicago, Ill., for plaintiff-appellant. Robert F. Fuchs, Fuchs, Temple & Berman, Chicago, Ill., for defendants-appellees. Before WOOD, Jr. and C...

  • United States v. Davis
    871 F2d 71
    Ricky Davis was convicted by a jury of possession of a firearm by a felon (18 U.S.C.App. Sec. 1202(a)(1)) and was sentenced to fifteen years imprisonment without parole. Davis now appeals that convic...

  • Scarbrough v. Perez
    870 F2d 1079
    This is an appeal from a summary judgment entered in favor of an individual defendant in an action brought under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. Secs. 1001-146...

  • Cosby v. Beaker
    872 F2d 416
    Charles A. Cosby, Jr., appeals the magistrate's recommendation that his four 42 U.S.C. Sec. 1983 actions be dismissed pursuant to Fed.R.Civ.P. 41. Because Cosby failed to file a notice of appeal afte...

  • United States v. Turk
    870 F2d 1304
    Defendants Veronica Joyner and Timothy Turk were charged in a twenty-three count indictment for embezzlement, false statements, and wire fraud under 18 U.S.C. Secs. 2, 641, 1001, 1014, and 1343. Joyn...

  • Hard v. Burlington Northern Railroad Company
    870 F2d 1454
    Thomas Hard appeals the denial of his motion for a new trial. Hard claims that the district court abused its discretion in denying his motion after it was discovered that a juror failed to disclose h...

  • United States v. Jordan
    870 F2d 1310
    Andrew Jordan appeals his federal conviction for possession of a firearm by a career criminal in violation of 18 U.S.C.App. Sec. 1202(a)(1). He claims that the federal prosecution violated the consti...

  • Mangan v. Cullen
    870 F2d 1396
    Mary Jean Mangan, an official court reporter for the third judicial district of Minnesota, filed this section 1983 suit against Donald Cullen, district administrator for Minnesota's third judicial dis...

  • Woods v. Makowski
    870 F2d 658
    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...

  • Rivera v. Oi White Warden
    870 F2d 657
    Before BOYCE F. MARTIN and MILBURN, Circuit Judges, and BARBARA K. HACKETT, District Judge. Frank Rivera, a federal prisoner proceeding pro se, appeals the district court's judgment dismissing his p...

  • May v. Federal Communications Commission
    870 F2d 657
    Before B. MARTIN and MILBURN, Circuit Judges, and BARBARA K. HACKETT, District Judge. Plaintiff May moves to remand this appeal from the district court's judgment dismissing this civil rights and fe...

  • Howard v. P Seiter W
    870 F2d 657
    Before BOYCE F. MARTIN, Jr., and MILBURN, Circuit Judges, and BARBARA K. HACKETT, District Judge. Vasco Howard appeals the dismissal of his complaint filed pursuant to 42 U.S.C. Sec. 1983. This ca...

  • United States v. F Stein
    870 F2d 658
    Defendant-appellant Paul Stein appeals from the sentence imposed following his convictions for unlawfully importing a controlled substance, 21 U.S.C. Sec. 952(a), and for the unlawful possession of a ...

  • Riblet v. Wc Seabold
    870 F2d 657
    Before BOYCE F. MARTIN, Jr., and MILBURN, Circuit Judges, and BARBARA K. HACKETT, District Judge. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circui...

  • Miller v. Sumner
    872 F2d 287
    Roosevelt Miller bribed the same police officer thirteen times, and was convicted in Nevada state court of thirteen separate counts of bribery. After exhausting his state court remedies, see Lewis v....

  • Weatherford v. Foltz E W A
    870 F2d 658
    Plaintiff, Michael R. Weatherford, appeals a judgment of the district court which dismissed his civil rights action filed pursuant to 42 U.S.C. Sec. 1983. He now moves for the appointment of counsel....

  • Slade v. B Taylor
    872 F2d 419
    John Slade seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses that this appe...

  • United States v. Sturm
    870 F2d 769
    The defendant John Sturm appeals from Judge Woodlock's denial of his Motion for a Judgment of Acquittal after a jury verdict finding him guilty of attempted extortion in violation of the Hobbs Act, 18...

  • Environmental Defense Fund v. M Thomas
    870 F2d 892
    This appeal involves the Clean Air Act, 42 U.S.C. Secs. 7401 et seq. (1982 and Supp. IV 1986) ("the Act"), and in particular its bifurcated jurisdictional scheme for judicial review of decisionmakin...

  • Messer v. Rader
    872 F2d 418
    Cleve Messer, a West Virginia inmate, seeks relief under 42 U.S.C. Sec. 1983 because of the manner in which he was denied parole. Specifically, Messer claims (1) his parole hearing was in violation o...

  • United States v. A Towne
    870 F2d 880
    This is an appeal from a judgment of conviction entered in the United States District Court for the District of Vermont, Albert W. Coffrin, Chief Judge, a jury having found appellant Edwin Towne guilt...

  • United States v. E Claiborne
    870 F2d 1463
    Appellant's pre-trial motion to dismiss the indictment on the ground that a federal judge cannot be prosecuted for a federal crime without first being impeached was denied by Judge Hoffman, and his ru...

  • Magnus Electronics Inc v. Masco Corporation Of Indiana Rtd An Brainerd
    871 F2d 626
    This is a case in which the dispute between the attorneys has outlasted the underlying legal claims. The district judge imposed sanctions pursuant to Rule 11 and Rule 37 of the Federal Rules of Civil...

  • Pierce v. Kemp Gd Cc T
    872 F2d 419
    William Joe Pierce, Jr. seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion accepting t...

  • United States v. Mobile Materials Inc O
    871 F2d 902
    This case arose as one of several prosecutions in a campaign by the Justice Department to rid the Oklahoma and Kansas highway construction industry of anticompetitive bidding practices. In view of th...

  • Lloyd v. State Of Maryland
    872 F2d 418
    Winston Lloyd seeks a certificate of probable cause to appeal the judgment of the district court dismissing his petition for a writ of habeas corpus brought pursuant to 28 U.S.C. Sec. 2254. In his pe...

  • United States Department Of Justice v. Reporters Committee For Freedom Of The Press
    489 US 749
    The Federal Bureau of Investigation (FBI) has accumulated and maintains criminal identification records, sometimes referred to as "rap sheets," on over 24 million persons. The question presented by t...

  • Williams v. Massey
    872 F2d 420
    Russell Edward Williams appeals from the district court order, entered pursuant to a jury verdict, denying him relief under 42 U.S.C. Sec. 1983. Our review of the record discloses that this appeal is...

  • United States v. Muhammad
    872 F2d 420
    Karriem Wali Muhammad appeals from the district court's order refusing relief under 28 U.S.C. Sec. 2255. Our review of the record and the district court's opinion discloses that this appeal is withou...

  • Commissioner Of Internal Revenue v. E Clark
    489 US 726
    This is the third case in which the Government has asked us to decide that a shareholder's receipt of a cash payment in exchange for a portion of his stock was taxable as a dividend. In the two earli...

  • Hunt v. Bm Brunswick Rd C
    870 F2d 657
    Everett Hunt appeals the district court's judgment dismissing his civil rights action filed under 42 U.S.C. Sec. 1983. The appeal has been referred to a panel pursuant to Rule 9(a), Rules of the Sixt...

  • International Brotherhood Of Boilermakers Iron Ship Builders Blacksmiths Forgers Helpers Afl Cio
    870 F2d 1085
    This is an appeal from the trial court's dismissal of the instant action initiated on October 6, 1987 by plaintiff-appellant, the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksm...

  • Rodriguez v. Montalvo
    871 F2d 163
    The basic issue in this case concerns the value of plaintiffs' 65 percent share in Cadierno Corporation, a grocery and liquor distribution business. Plaintiffs sold their shares to defendant Montalvo...

  • Lane v. First National Bank Of Boston
    871 F2d 166
    This appeal presents, face up and squarely, the vexing question of whether the Eleventh Amendment provides shelter to States in actions brought pursuant to the Copyright Act of 1976, as amended, 17 U....

  • Jones v. W Murray
    872 F2d 417
    Lester Wayne Jones seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses that t...

  • Harshman v. Petrolite Corporation
    872 F2d 1025
    Warren Eugene Harshman appeals from the district court's November 2, 1987 entry of final judgment dismissing his case brought pursuant to the Employee Retirement Income Security Act. For the followin...

  • Colonial At Lynnfield Inc v. Sloan D Zipes Colonial At Lynnfield Inc
    870 F2d 761
    This case arises out of a failed contract for the purchase of a 49% interest in the Colonial Hilton Inn in the towns of Lynnfield and Wakefield, Massachusetts. The seller, Colonial at Lynnfield, Inc....

  • King v. A Lynaugh
    868 F2d 1400
    Less than one week before his scheduled execution date of March 22, 1989, petitioner Leon Rutherford King has commenced his second petition to secure a writ of habeas corpus in the state and federal c...

  • McDaniel v. Digital Equipment Corporation
    872 F2d 1026
    Plaintiff, Gregory McDaniel, appeals from the order of the district court granting summary judgment to defendant, Digital Equipment Corporation, in this employment discrimination action filed pursuant...

  • Shrader v. C Granninger
    870 F2d 874
    Plaintiffs-appellants appeal from a judgment entered in the United States District Court for the Northern District of New York, Munson, J., granting defendants-appellees Albany Veterans Administration...

  • United States v. Rowe
    872 F2d 420
    John D. Rowe, a North Carolina inmate, appeals the district court's dismissal of his 28 U.S.C. Sec. 2241 petition. For the reasons below we dismiss the appeal as premature and remand with instruction...

  • Tallahassee Branch Of The Naacp v. Federal Communications Commission
    870 F2d 704
    These two cases present challenges to the refusal of the Federal Communications Commission ("FCC" or "Commission") to conduct investigations or hold evidentiary hearings on appellants' complaints that...

  • National Labor Relations Board v. Dons Olney Foods Inc Iga
    870 F2d 1279
    This case is before us on application of the National Labor Relations Board (the Board) for enforcement of its order, issued against Don's Olney Foods, Inc., doing business as Olney IGA Foodliner (the...

  • Prudential v. Ss
    870 F2d 867
    This case involves a $92 million typographical error. Appellant General Electric Capital Corporation ("GECC"), appeals from Judge Owen's order, reported below at 686 F.Supp. 469 (S.D.N.Y.1988), that ...

  • Fort Bragg Association Of Educators Nea v. Federal Labor Relations Authority
    870 F2d 698
    This case involves a teachers' union collective bargaining proposal resisted as nonnegotiable by the Department of the Army. Specifically, the union proposed that teachers in schools for dependents o...

  • Slade v. H Billington
    871 F2d 155
    This case was considered on the record on appeal from the United States District Court for the District of Columbia and on briefs filed by the parties and argument by counsel. On full consideration o...

  • Adams v. Bowen
    872 F2d 1023
    Claimant Harold Adams appeals from a district court order affirming the Secretary of Health and Human Services' determination that he was not disabled and, therefore, not entitled to disability insura...

  • Skinner v. Railway Labor Executives Association
    489 US 602
    The Federal Railroad Safety Act of 1970 authorizes the Secretary of Transportation to "prescribe, as necessary, appropriate rules, regulations, orders, and standards for all areas of railroad safety."...

  • Kato v. Wilt
    872 F2d 417
    Peter B. Kato appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion discloses that this appeal is without merit. ...

  • Security Pacific National Bank v. Derderian A
    872 F2d 281
    Security Pacific National Bank and American International Group (Security Pacific) filed this action against Robert Derderian and others in Los Angeles Superior Court to recover for the illegal conver...

  • Thornton v. Spooner
    872 F2d 1029
    The Thorntons appeal the granting of a summary judgment to Spooner, Simon and Tell; the granting of Goodgame's motion to vacate the entry of default against him; and the granting of a summary judgme...

  • Mumford v. Warden Maryland Correctional Institute
    872 F2d 418
    Eddie Lee Mumford appeals from the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion accepting the recomm...

  • Otis Elevator Company v. Secretary Of Labor and Occupational Safety and Health Administration
    871 F2d 155
    Before HARRY T. EDWARDS and Ruth B. GINSBURG, Circuit Judges, and KAUFMAN, United States Senior District Judge. The petition was considered on the record from the Occupational Safety and Health Revi...

  • City Of Farmington New Mexico v. Federal Energy Regulatory Commission
    871 F2d 155
    This case was considered on a petition for review of orders of the Federal Energy Regulatory Commission and was briefed by the parties and argued orally by counsel. The issues have been accorded full...

  • United States v. L Duncan
    870 F2d 1532
    This appeal is from an order of restitution entered by the district court following the defendant's guilty plea on one count of a fourteen-count indictment. The defendant, Ovie Duncan, claims on appe...

  • United States v. R Haddock
    872 F2d 420
    Garland Haddock appeals a $17,000 civil judgment entered against him in an action brought by the United States government, acting on behalf of the Farmers Home Administration ("FHA"), for violation of...

  • Marshall v. Aj Nowotny
    872 F2d 418
    A.J. Nowotny appeals an order of the magistrate entered in this garnishment action. We dismiss the appeal for lack of jurisdiction. Absent consent of the parties to the magistrate's entry of final ...

  • Wpix Inc v. National Labor Relations Board
    870 F2d 858
    Petitioner WPIX, Inc. ("WPIX") petitions for review of a decision and order of the National Labor Relations Board (the "Board") which dismissed the Board's complaint on behalf of WPIX against Local 1...

  • Jabbar El v. M Johnson P D R W
    872 F2d 1026
    Plaintiff, Rasheen Rockmon Jabbar-El, appeals from summary judgment granted to defendants, Perry Johnson, the Director of the Michigan Department of Corrections, and several other Department of Correc...

  • United States v. International Union Of Petroleum and Industrial Workers
    870 F2d 1450
    The District Court partially enforced the subpoena duces tecum which appellant Department of Labor (hereinafter "Department" or "DOL") issued to appellee International Union of Petroleum and Industria...

  • Batchelor v. Oak Hill Medical Group
    870 F2d 1446
    This is an appeal from a grant of summary judgment dismissing plaintiffs' claim for damages for breach of fiduciary duty under ERISA, 29 U.S.C. Secs. 1001-1461 (1982 & Supp. IV 1986). Defendant O...

  • Patterson v. Stroud
    872 F2d 418
    Ezekiel Patterson appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. We affirm the district court's decision. Appellant does not allege or show a violation of the Unit...

  • Myrick v. Secretary Of Health and Human Services
    872 F2d 1027
    Perry Myrick appeals from the district court's March 16, 1988 order denying his motion for an award of attorney fees pursuant to the Equal Access to Justice Act (EAJA). 28 U.S.C. Sec. 2412. For the ...

  • Mag Instrument Inc v. United States International Trade Commission
    878 F2d 1443
    This court, in an unpublished opinion, dated February 15, 1989, declined to consider the patent invalidity arguments of intervenor Kassnar Imports, Inc. (Kassnar), on the ground that Kassnar failed t...

  • United States v. L Curtis
    872 F2d 1029
    Defendant-appellant, Ronnie L. Curtis (Curtis), has appealed from his conviction pursuant to a jury trial, on ten counts of mail fraud, in violation of 18 U.S.C. Sec. 1341 and one count of conspiracy ...

  • United States v. Miller
    870 F2d 1067
    Defendant-appellant Andy Kenneth Miller, Jr., appeals his jury conviction on one count of unlawfully manufacturing 100 plants or more of marijuana, a Schedule I controlled substance, in violation of 2...

  • Rose 88 1634 v. Bartle A Reed W 88 1646
    871 F2d 331
    I. Background 335 A. The Underlying Facts 335 B. The Development of this Litigation 337 ...

  • American Lung Association Of New Jersey v. H Kean T M American Petroleum Institute 87 5904 National A
    871 F2d 319
    The American Lung Association and other clean air advocacy groups brought this "citizens" suit in the district court for the District of New Jersey to compel New Jersey to promulgate and implement a s...

  • United States v. Leonard
    868 F2d 1393
    Mitchell Ray Leonard pled guilty to being a convicted felon in possession of a firearm, in violation of 18 U.S.C. Sec. 922(g)(1). The district court enhanced his sentence pursuant to 18 U.S.C. Sec. 9...

  • Greenhouse Patio Apartments v. Aetna Life Insurance Company
    868 F2d 153
    Plaintiff-appellants are two Texas general partnerships, Greenhouse Patio Apartments (GPA) and the Greenhouse 484 (484) which is managing general partner of GPA. GPA owns a large apartment complex mo...

  • Hoggard v. G Minetti E J
    872 F2d 417
    Thomas E. Hoggard appeals from the district court's order denying him relief on his 42 U.S.C. Sec. 1983 claim wherein he alleges that his rights under the first, fifth, and fourteenth amendments to th...

  • Stop H 3 Association v. Dole R
    870 F2d 1419
    This appeal involves the construction of an interstate highway project in Hawaii which has been the subject of litigation now spanning some sixteen years. The litigation began in 1972, when the Stop...

  • Msa Tubular Products Incorporated v. First Bank and Trust Company Yale Oklahoma
    869 F2d 1422
    This diversity case questions whether a bank in the state of Oklahoma can become liable for giving misleading information to an entity making an inquiry into the credit worthiness of one of the bank's...

  • Banks v. Bethlehem Steel Corporation
    870 F2d 1438
    This case arises out of the controversy surrounding Bethlehem Steel's dismissal of Johnny Banks ("Banks") for fighting. Banks claims that his union, United Steelworkers of America ("the Union" or "th...

  • Cotton Petroleum Corporation v. United States Department Of Interior Bureau Of Indian Affairs
    870 F2d 1515
    Cotton Petroleum Corporation and Shell Oil Company, hereinafter jointly referred to as Cotton or lessee, appeal from the district court's order denying their motion to amend the court's order granting...

  • Brandeis School v. National Labor Relations Board
    871 F2d 5
    Plaintiff Brandeis School (Brandeis) appeals from the December 16, 1987 decision of the National Labor Relations Board (NLRB) awarding it $2,646.40 in attorneys fees under the Equal Access to Justice ...

  • Pugh v. R Bowen Md
    870 F2d 1271
    Harvey Pugh filed an action in the district court seeking judicial review of the Secretary's final decision upon his application for disability benefits. The Secretary awarded disability benefits to ...

  • Echo Travel Inc v. Travel Associates Inc
    870 F2d 1264
    This is a diversity case that involves the Wisconsin common law of unfair competition. Plaintiff-Appellant Echo Travel, Inc. ("Echo") filed suit against Defendant-Appellee Travel Associates, Inc. (...

  • Sprouse v. Babcock G
    870 F2d 450
    Robert Daniel Sprouse, an inmate at the Missouri State Penitentiary, appeals pro se from the District Court's order granting appellees' motion for summary judgment in Sprouse's 42 U.S.C. Sec. 1983 (19...

  • McMahon Ja v. Libbey Owens Ford Company
    870 F2d 1073
    Plaintiffs brought this action pursuant to the Age Discrimination in Employment Act, 29 U.S.C. Sec. 621, et seq. (ADEA). Plaintiffs alleged that their former employer, Libbey-Owens-Ford Company (LOF...

  • Abrenilla v. China Insurance Company Ltd
    870 F2d 548
    This is an action to recover the proceeds of a fire insurance policy after the destruction by fire of the insured structure. The insurance company defended on the ground that the plaintiff policy hol...

  • Andres v. Bowen Md
    870 F2d 453
    The Secretary of Health and Human Services denied Robert J. Andres' application for supplemental security income benefits under 42 U.S.C. Secs. 1381-1383. Andres appeals the district court's order ac...

  • Northwest Food Processors Association v. K Reilly Y American Frozen Food Institute
    869 F2d 542
    This court has jurisdiction in this case to review the final order of the Administrator of the Environmental Agency filed June 10, 1988 canceling registrations of products containing dinoseb and permi...

  • 14 Fedrserv3d 376
    872 F2d 420
    Plaintiff, Trent D. Wright, brought an action for punitive damages against TRW, Inc. allegedly arising from a violation of the Fair Credit Report Act, 15 U.S.C. Sec. 1681 et seq. ("FCRA"). Wright's...

  • United States v. Levy
    870 F2d 37
    On April 3, 1986, the appellant, Timothy Levy, was traveling from Jamaica to St. Martin in the Caribbean, when his plane made a scheduled stop in Puerto Rico (to pick up, but not to discharge, passeng...

  • United States v. Moser
    870 F2d 658
    Defendants, Thomas Robert Moser and Bufford Dale Fair, appeal their convictions of drug-related offenses on several grounds. Both argue that the Sentencing Guidelines are unconstitutional. Fair argu...

  • Warren v. Secretary Of Health and Human Services
    870 F2d 658
    Brenda Warren appeals from the district court order affirming the Secretary of Health and Human Services' determination that she was not disabled and, therefore, not entitled to disability insurance b...

  • Harding v. County Of Door
    870 F2d 430
    John Harding appeals from the district court's entry of summary judgment in favor of defendant Door County, Wisconsin. We affirm. In 1983, plaintiff John Harding, decided to develop a tract of land...

  • James James v. R Bowen
    870 F2d 448
    Isiah James, Jr., appeals on behalf of his deceased father, Isiah James, Sr., the order of the district court denying his father's application under section 223 of the Social Security Act, 42 U.S.C. S...

  • Schroeder v. Woodhaven School District M
    870 F2d 657
    Rosemary Schroeder appeals from the district court's order awarding attorney fees to her in this Sec. 1983 action. We vacate the district court's fee award and remand for the district court to make f...

  • United States Department Of Interior Bureau Of Indian Affairs v. Federal Labor Relations Authority
    870 F2d 554
    The United States Department of Interior (the Department) petitions for review of a final order of the Federal Labor Relations Authority (the Authority), and the Authority makes a cross application fo...

  • United States v. Montilla
    870 F2d 549
    Maria Montilla appeals her conviction upon a plea of guilty of conspiracy to possess cocaine with the intent to distribute, in violation of 21 U.S.C. Secs. 841(a)(1) and 846 (1982). Montilla argues t...

  • Atkins v. L Robinson
    872 F2d 416
    Sinclair Landon Atkins, Jr., appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion discloses that this appeal is ...

  • Briggs v. Heinz Usa Hj
    872 F2d 416
    Former employees of Heinz, U.S.A., appeal the district court's judgment dismissing this action on the ground that their claims under the West Virginia Wage Payment and Collection Act, W.Va.Code Sec. 2...

  • Valentine v. A Gondles
    872 F2d 420
    Darnell H. Valentine appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion discloses that this appeal is without ...

  • Wright v. Sargent R C Hma R
    869 F2d 1175
    Edward Wright appeals the magistrate's dismissal with prejudice of his 42 U.S.C. Sec. 1983 complaint and assessment of jury costs, pursuant to Fed.R.Civ.P. 41(b), due to Wright's failure to appear for...

  • United States v. Frank
    869 F2d 1177
    A jury convicted Robert Frank on federal charges relating to the burning of a state trial judge's home in Dubuque, Iowa. Frank appeals, and we affirm. Frank and his wife, Patricia, separated in ear...

  • Rd Padgett v. Synthes Ltd
    872 F2d 418
    R.D. Padgett appeals from the district court's orders setting aside an entry of default against the defendant, Synthes, Ltd., and granting a directed verdict in favor of Synthes. We affirm. * Padge...

  • Nemmers v. United States
    870 F2d 426
    This is the government's second appeal from an order of the district court awarding the plaintiffs damages under the Federal Tort Claims Act for negligent medical treatment before and during the birth...

  • Marshall v. R Bowen
    871 F2d 68
    Barbara Marshall appeals from the district court's order affirming the decision of the Secretary of Health and Human Services (Secretary) denying Marshall's application for Supplemental Security Incom...

  • Leonard Leonard v. McKenzie Dc
    869 F2d 1558
    This appeal involves a dispute over the appropriate educational placement for Brandon Leonard under the Education for All Handicapped Children Act, 20 U.S.C. Secs. 1401-1461 (1982 & Supp.1986) ("E...

  • Crabtree v. Eagle Manufacturing Company
    872 F2d 416
    Wilfred C. Crabtree appeals the district court's order granting summary judgment in favor of Eagle Manufacturing Company in this action alleging violation of the Age Discrimination in Employment Act, ...

  • First Federal Savings and Loan Association v. Twin City Savings Bank Fsb Fsa
    868 F2d 725
    The issue presented is whether, under the pre-1985 provisions of the Louisiana Civil Code, a contract may be rescinded for fraud when the party seeking rescission was negligent in not investigating th...

  • Color Vue Electronics Incorporated v. United States
    871 F2d 1097
    Color-Vue Electronics, Inc. appeals from the judgment of the Department of Transportation Board of Contract Appeals, DOTBCA No. 1740, 88-1 BCA (CCH) p 20,482 at 103,608 (1988), holding that Contract N...

  • Letter Of Request From Crown Prosecution Service Of United Kingdom
    870 F2d 686
    This case concerns the propriety of a district court order for the taking of evidence in aid of foreign criminal proceedings. By order filed January 21, 1988, the district court appointed Commissione...

  • Automobile Importers Of America Inc v. State Of Minnesota
    871 F2d 717
    The appellants, an organization of foreign automobile manufacturers ("Automobile Importers"), brought suit in the United States District Court for the District of Minnesota, challenging a Minnesota co...

  • Eichman v. Fotomat Corporation
    871 F2d 784
    Plaintiff-Appellant, Adrian C. Eichman, appeals from two orders of the district court granting summary judgment to Defendant-Appellee, Fotomat Corporation. Eichman appeals from the order of the distr...

  • Montauk Oil Transportation Corp v. Sonat Marine Inc
    871 F2d 1169
    Sonat Marine, Inc. appeals from a judgment in favor of Montauk Oil Transportation Corp. which followed a non-jury trial before Judge Carter in the United States District Court for the Southern Distric...

  • Knuckles v. Director Office Of Workers Compensation Programs United States Department Of Labor
    869 F2d 996
    Petitioner John M. Knuckles appeals the decision of the Administrative Law Judge (ALJ), affirmed by the Benefits Review Board, denying disability benefits under the Black Lung Benefits Act, 30 U.S.C. ...

  • Grubbs v. H Norris
    870 F2d 343
    The Metropolitan Government of Nashville and Davidson County ("Metro") appeals the decision of the United States District Court for the Middle District of Tennessee denying its application to interven...

  • Pittman v. H Snodgrass 22 James A Smith Jr
    872 F2d 419
    Carlon Edward Pittman appeals the district court's dismissal of this 42 U.S.C. Sec. 1983 action for failure to pay the assessed filing fee. Finding that the district court properly complied with the ...

  • Smith v. Kaldor
    869 F2d 999
    James Arredondo (argued), Jeffrey S. Burg, Blum, Konheim and Elkin, Southfield, Mich., for Allan A. Smith. Francis L. Zebot, Asst. U.S. Atty. (argued), Detroit, Mich., for George Kaldor, Chief, Lab...

  • Railway Labor Executives Association Brotherhood Of Locomotive Engineers v. Interstate Commerce Commi
    869 F2d 1492
    Petitioners Railway Labor Executives' Association, Brotherhood of Locomotive Engineers, and the United Transportation Union seek review of a decision of the Interstate Commerce Commission. We affirm ...

  • United States Stewart Tineo v. Kelly
    870 F2d 854
    This appeal is brought by respondent-appellant Kelly, superintendent of Attica prison, from an order of the United States District Court for the Southern District of New York, Stanton, J., granting a ...

  • Kozlowski v. A Coughlin Iii D A Iii
    871 F2d 241
    Penal institutions operated by the New York State Department of Correctional Services (the Commissioner or DOCS) provide inmates the opportunity to maintain tangible and healthy relationships with fri...

  • United States v. F Walsh
    869 F2d 1494
    Regis F. Walsh appeals his conviction pursuant to a conditional guilty plea of possession with intent to distribute cocaine. We affirm the conviction. On March 24, 1988, Walsh was indicted for poss...

  • United States v. J Connell
    869 F2d 1349
    In this appeal, Walter Connell challenges his conviction for theft of personal property within the special maritime and territorial jurisdiction of the United States in violation of 18 U.S.C. Sec. 661...

  • Masinter v. Tenneco Oil Co
    867 F2d 892
    Appellee/cross-appellant David Masinter brought this suit against appellant/cross-appellee Marlin Drilling Co., Inc. (Marlin) to recover damages for injuries sustained while working aboard a jack-up ...

  • Evans v. McKay
    869 F2d 1341
    The plaintiffs-appellants, Marilyn Evans and her son, Carl Evans, are non-Indians residing in Browning, Montana, a city located within the boundaries of the Blackfeet Indian Reservation. The Evanses ...

  • Dye v. R Baker
    872 F2d 417
    Quintis Dye, Jr., seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion accepting the rec...

  • United States v. Walther H
    867 F2d 1334
    In this "reverse sting" marijuana distribution case, we affirm the convictions and judgments. On October 13, 1986, a confidential informant (CI) advised officers from the Polk County, Florida, Sheri...

  • National Wildlife Federation v. Federal Energy Regulatory Commission
    870 F2d 542
    In Tulalip Tribes v. FERC, 749 F.2d 1367, 1368 (9th Cir.1984), this court read 28 U.S.C. Sec. 2412(d)(1)(A), which allows attorney's fees "in addition to any costs awarded," to forbid an award of atto...

  • Wilson v. Beloit Corporation
    869 F2d 1162
    Samuel Carlton Wilson and Flora Idell Wilson appeal from an order of the district court which order granted summary judgment to Mr. Wilson's employer, the International Paper Company (IPC). We now re...

  • Federal Deposit Insurance Corporation v. H Morley
    867 F2d 1381
    Nicholas H. Morley, Interterra, Inc., and Regina Interiors, Inc. (Morley) seek review of the district court's dismissal of their counterclaim which challenged the Federal Deposit Insurance Corporatio...

  • United States v. Desurra
    868 F2d 716
    In an earlier opinion, we rejected the appeals of criminal defendants Arthur Breaux, David Desurra, and Sammy Smith. United States v. Breaux, 865 F.2d 651 (5th Cir.1989). We now deny their petition ...

  • Browning v. R Pendleton
    869 F2d 989
    We granted en banc rehearing in this civil rights action thereby vacating a prior unreported decision of a panel of our court. We did so in order to resolve an inconsistency between two decisions by ...

  • United States v. Posner
    868 F2d 720
    Appellant was convicted in district court for the Southern District of Texas, under the Controlled Substances Act, 21 U.S.C. Sec. 841(a)(1), for knowingly or intentionally possessing in excess of 100 ...

  • Reliable Springs Company v. St Paul Fire and Marine Insurance Company
    869 F2d 993
    John E. Martindale (argued), Kevin H. Young, Benesch, Friedlander, Coplan & Aronoff, Cleveland, Ohio, for Reliable Springs Co. Julius R. Gerlack (argued), David B. Cathcart, Mansour, Gavin, Gerl...

  • Armenia v. L Dugger
    867 F2d 1370
    In this appeal, we determine that a Florida statute which imposes felony punishment on a strict liability basis does not violate the due process clauses of the Constitution of the United States. We a...

  • Estep v. C Hedrick
    872 F2d 417
    Michael Estep has attempted to have his criminal conviction and sentence reviewed on direct appeal by the West Virginia Supreme Court since his sentence was imposed in May 1985. Being unsuccessful in...

  • United States v. Norton
    867 F2d 1354
    Paul Fosco, Paul Di Franco, James Norton and James Pinckard were convicted in the United States District Court for the Southern District of Florida of conspiring to participate in racketeering activit...

  • Rolle v. United States Postal Service
    871 F2d 1097
    The August 8, 1988, final order of the Merit Systems Protection Board (Board), Docket No. AT075287C9009, dismissing Rufus M. Rolle's petition for enforcement of the Board's final order in Rolle v. Uni...

  • United States v. Scheibel
    870 F2d 818
    Appellant Ronald Scheibel appeals from his conviction in the District of Connecticut for possession with intent to distribute more than 500 grams of cocaine in violation of 21 U.S.C. Sec. 841(a)(1) (1...

  • Kollsman Instrument Corporation v. Commissioner Of Internal Revenue
    870 F2d 89
    In 1962 Kollsman Instrument Corporation negotiated a contract with the United States Air Force under which Kollsman agreed to make prototypes for a photo mapping system and for a ground data subsystem...

  • United States v. Rastelli
    870 F2d 822
    Defendants Philip Rastelli, Nicholas Marangello, Joseph Massino, Carmine Rastelli, James Vincent Bracco, Charles Martelli, Charles Agar, Anthony Cantatore, Warren Weissman, and Dominic Mariani appeal ...

  • Emanuel v. American Credit Exchange
    870 F2d 805
    This is an appeal from a summary judgment of the United States District Court for the Northern District of New York (Cholakis, J.) dismissing the claim asserted by plaintiff-appellant Samuel L. Emanue...

  • Mark v. Fsc Securities Corporation
    870 F2d 331
    James B. Helmer, Jr., Virginia Conlan Whitman, John L. Campbell (Lead) (argued), Walker, Chatfield & Doan, Cincinnati, Ohio, for plaintiffs-appellants. Jerome Randolph (argued), James Burke, Kea...

  • United States v. Safeco Insurance Company Of America Inc
    870 F2d 338
    The United States of America appeals from the District Court's judgment holding that under 26 U.S.C. Sec. 6321, John Van den Bosch, Jr. (taxpayer) did not possess sufficient interest in a fund create...

  • United States v. Kennedy
    869 F2d 1336
    Michael Edward Kennedy, a federal prisoner, timely appeals from the denial of a 28 U.S.C. Sec. 2255 motion to vacate his convictions for felony murder and rape. Kennedy contends the district court er...

  • Ballard v. R Bowen
    872 F2d 416
    Ruby Ballard appeals from the district court's judgment affirming the decision of the Secretary of Health and Human Services denying her widow's benefits from May 1, 1981 through April 30, 1985. The ...

  • Lunds Inc v. Chemical Bank Chemical Bank
    870 F2d 840
    We consider here appeals and a cross-appeal from summary judgments entered in the United States District Court for the Southern District of New York, Robert W. Sweet, Judge, for plaintiffs-cross-appel...

  • United States Of America v. Rocco Richard Desantis
    870 F2d 536
    Rocco Richard DeSantis ("DeSantis") was convicted of violating 18 U.S.C. app. Sec. 1202(a)(1), possession of a firearm by a felon. On appeal, DeSantis claims that the district court erred by admittin...

  • United States Schwartz v. Brother Records Inc
    871 F2d 1149
    This case was considered on the record on appeal from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues pr...

  • Cincinnati Insurance Company v. C Holbrook S Cb
    867 F2d 1330
    The Cincinnati Insurance Company appeals from the district court's dismissal of Cincinnati's action seeking declaratory relief against its insured, Mack C. Holbrook, and others collaterally interested...

  • United States v. Thomas
    871 F2d 1149
    This case was heard on the record from the United States District Court for the District of Columbia and was briefed and argued by counsel. In view of the court's opinion in United States v. Thomas, ...

  • Armco Inc v. United States Environmental Protection Agency
    869 F2d 975
    Petitioner Armco, Inc. petitions this court to declare as untimely or arbitrary and capricious an October 30, 1987 letter from United States Environmental Protection Agency (USEPA) objecting to Ohio E...

  • United States v. A Yussuff
    871 F2d 1149
    This case was considered on the record on appeal from the United States District Court for the District of Columbia and on the briefs filed by the parties. The issues have been accorded full consider...

  • Commonwealth Of Kentucky United Pacific Insurance Company v. Laurel County
    869 F2d 985
    We unfortunately have before this court a repeat performance of an old controversy relating to the effect of a tax levy in the absence of the document itself and the question of burden of proof of a p...

  • Wentz v. Maryland Casualty Company
    869 F2d 1153
    Walter Wentz sued his former employer, Maryland Casualty Company (Maryland), based on federal and state law claims stemming from Wentz' discharge by Maryland. The district court granted summary judgm...

  • United States v. Thomas
    871 F2d 1149
    This case was considered on the record on appeal from the United States District Court for the District of Columbia and on the papers filed by the parties. The court has determined that the issues pr...

  • Plovidba v. S King
    870 F2d 658
    Defendants-Claimants, personal representatives of deceased seamen, appeal the order of the district court entering a judgment of no cause of action after plaintiffs filed a petition pursuant to 46 U.S...

  • Antonio Dimillo v. Sheepscot Pilots Inc
    870 F2d 746
    Like Aeschylus' much-persecuted hero, defendant-appellant Sheepscot Pilots, Inc. (SPI) bemoans the tempest and proclaims itself wronged. But as Zeus rejected the appeals of the chained Prometheus, w...

  • United States Wandick v. A Chrans
    869 F2d 1084
    Petitioner-Appellant Bernard Wandick appeals from the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. After a bench trial in the Circuit Court of ...

  • Dewees v. Commissioner Of Internal Revenue
    870 F2d 21
    Taxpayers David and Anne Dewees appeal from a Tax Court decision that a 1978 loss they incurred while engaged in "straddle" trading on the London Metals Exchange was not an "ordinary loss" deductible ...

  • Keefe v. Bahama Cruise Line Inc
    867 F2d 1318
    On June 2, 1984, plaintiff-appellee Rita Patricia Keefe boarded the S/S Vera Cruz, a cruise ship owned by defendant-appellant Bahama Cruise Line, Inc. ("BCL"), embarking on a two-day "Cruise to Nowhe...

  • Solarex Corporation Rca v. Arco Solar Inc
    870 F2d 642
    Arco Solar, Inc. seeks reversal of an order of the United States District Court for the Eastern District of New York, In re American Physical Society, No. 87 Misc. 223 (E.D.N.Y. June 22, 1988) (Sifton...

  • Elliott Me v. Foufas
    867 F2d 877
    Mary Elliott appeals the dismissal by the district court of her claims pursuant to Fed.R.Civ.P. 12(b)(6) and the accompanying dismissal of pendent state law claims for lack of jurisdiction. This acti...

  • Murphree v. United States
    867 F2d 883
    At issue is whether the Murphrees are entitled to a loss deduction from their income taxes upon the return of misappropriated funds to their closely held company. The district court ruled that the lo...

  • Tucker v. Kfc National Management Company
    872 F2d 419
    Brian Tucker appeals from the district court's grant of summary judgment to KFC Management Company ("KFC"). The lower court ruled that KFC had no duty, under Maryland law, to protect Tucker from the ...

  • Neville v. H Butler
    867 F2d 886
    On September 14, 1982, petitioner Daniel J. Neville ("petitioner") pled guilty in the 32nd Judicial District Court, Parish of Terrebonne, Houma, Louisiana, to one count of armed robbery and one count ...

  • Rousseff v. Ef Hutton Company Inc and Rousseff
    867 F2d 1281
    In Rousseff v. E.F. Hutton Co. Inc., 843 F.2d 1326 (11th Cir.1988), this court reversed the judgment entered by the district court in favor of appellee Mr. Christ Rousseff on his federal securities la...

  • Stanfield v. Answering Service Inc
    867 F2d 1290
    In this employment age discrimination case, the defendant employer appeals the denial of its motion for judgment notwithstanding the verdict and the district court's order granting plaintiff employee ...

  • Baker v. United States Steel Corp
    867 F2d 1297
    Ronald G. Ray, Sr., Michael Denney and Paul L. Frieden, U.S. Dept. of Labor, Washington, D.C., for O.W.C.P. Robert C. Jones, United States Steel Corp., Pittsburgh, for U.S. Steel Corp. Petition fo...

  • Sullivan v. City Of Cleveland Heights
    869 F2d 961
    Appellant Kate Sullivan, by and through her mother, Joan Farragher, appeals the district court's dismissal of her gender discrimination suit. Sullivan claims that her rights under the equal protectio...

  • United States v. C Boling A
    869 F2d 965
    This is a lengthy case involving two defendants charged with conspiracy and a number of counts of mail and wire fraud. The first defendant, Thomas Andrew Lauback, was president and sole owner of Dura...

  • United States v. Jacobs
    872 F2d 420
    Robert Marvin Jacobs, Sr., tried and convicted of possession and distribution of counterfeit money, alleges the trial judge abused his discretion and committed reversible error by denying Jacobs' moti...

  • Barrett v. Adams Fruit Company Inc
    867 F2d 1305
    This case requires us to determine whether the Migrant and Seasonal Agricultural Worker Protection Act, Pub.L. No. 97-470, 96 Stat. 2584 (1983) (codified at 29 U.S.C. Secs. 1801-1872), ("the Act") pre...

  • White v. C and P Telephone Company Of Maryland
    872 F2d 420
    Dianne G. White, a former employee of C & P Telephone, brought this action alleging discriminatory denial of promotion under 42 U.S.C. Sec. 1981 and constructive discharge under 42 U.S.C. Sec. 198...

  • United States v. J Attanasio L J S
    870 F2d 809
    Appellants Robert J. Mallon, Robert J. Attanasio and Francis S. LaMagra challenge their judgments of conviction entered in the United States District Court for the Eastern District of New York (Mishle...

  • United States v. Doud
    869 F2d 1144
    Dennis and Cheryl Ann Doud, husband and wife, appeal from the district court's order affirming the bankruptcy court decision, sustaining in part the Farmers Home Administration's (FmHA) objection to t...

  • Abernathy v. Perry
    869 F2d 1146
    Roosevelt X. Abernathy, an inmate at the Tucker Maximum Security Unit of the Arkansas Department of Correction, appeals from the district court order dismissing his 42 U.S.C. Sec. 1983 action. Aberna...

  • United States v. G Miller Ii
    869 F2d 1418
    The sole issue presented in this appeal is: When does a trial court lose jurisdiction for the purpose of reconsideration of a motion for new trial? Defendant, an attorney who has surrendered his lic...

  • United States v. J Kidder
    869 F2d 1328
    Kidder pleaded guilty to possession, with intent to distribute, of at least 500 grams of cocaine, in violation of 21 U.S.C. Sec. 841(b)(1)(B). This offense carries a minimum penalty of five years in ...

  • Church v. Rm Muncy
    872 F2d 416
    William L. Church seeks to appeal the magistrate's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the magistrate's opinion discloses that this appea...

  • Independent Petroleum Association Of America v. Economic Regulatory Administration
    870 F2d 168
    The Economic Regulatory Administration (ERA) issued an order authorizing Texas Eastern Transmission Corporation (Texas Eastern) to continue to import from Canada up to 75,000 Mcf of natural gas per da...

  • United States v. Vachon
    869 F2d 653
    The government tried the appellant, Adelard Vachon, for bank robbery. 18 U.S.C. Sec. 2113(a) (Supp.1988). The facts are not contested: Vachon apparently conceded that on two separate occasions (Feb...

  • United States v. Hazime
    870 F2d 658
    Hassan Hazime (Hazime), criminal defendant below and appellant here, has appealed from his conviction that resulted from a guilty plea to one count of a five count indictment, which charged that he ha...

  • Hudson v. R Bowen
    870 F2d 1392
    Timothy C. Harlan, Columbia, Mo., for appellant. Janet Braggs, Kansas City, Mo., for appellee. Before JOHN R. GIBSON and MAGILL, Circuit Judges, and WATERS, District Judge. H. FRANKLIN WATERS, D...

  • Jolley v. Paine Webber Jackson and Curtis Inc
    867 F2d 891
    The recent amendment to the Federal Arbitration Act, 9 U.S.C. Sec. 1 et seq., was not dealt with in our opinion dated February 2, 1989, which is reported at 864 F.2d 402. Accordingly, we supplement...

  • Lourdes High School Of Rochester Inc v. Sheffield Brick and Tile Company
    870 F2d 443
    Lourdes High School of Rochester, Inc. (Lourdes) brought this diversity action against various parties involved in designing, manufacturing, testing, and selling a flooring system that was installed ...

  • Hoehne v. County Of San Benito
    870 F2d 529
    We are to decide, under the specific facts in this case, whether the district court erred in dismissing for lack of ripeness the complaint of San Benito County, California, landowners Karl O. Hoehne a...

  • Stringfellow v. Perry Adc
    869 F2d 1140
    Felix C. Stringfellow, an inmate at the Tucker Maximum Security Unit of the Arkansas Department of Correction, appeals from the district court order dismissing his 42 U.S.C. Sec. 1983 action. Stringf...

  • Cotham v. Secretary Of Health and Human Services
    870 F2d 657
    Plaintiff, Stanley B. Cotham, appeals from the judgment of the district court dismissing Cotham's action seeking waiver of recovery of overpaid disability insurance benefits pursuant to 42 U.S.C. Sec....

  • United States v. Amini Arya
    869 F2d 1494
    The appellant in this case, Mehrdad Amini-Arya, a.k.a. Michael Amini, (Amini), an Iranian, was charged with involvement in a cocaine distribution operation in Los Angeles, California and Louisville, K...

  • Zimmerman Doe v. Zimmerman
    869 F2d 1126
    Appellant, proceeding under the fictitious name of Jane Doe, appeals from a District Court order affirming a Bankruptcy Court decision denying her motion to dismiss Debtor's Chapter 7 bankruptcy petit...

  • United States v. Kim
    870 F2d 81
    Defendant Dong Chan Kim appeals from an order of the United States District Court for the Eastern District of New York, Charles P. Sifton, Judge, denying his motion, made after his acquittal of briber...

  • Baker v. Bowen
    869 F2d 1488
    Plaintiff-appellant, Clarence R. Baker (Baker), has appealed the decision of the district court granting summary judgment in favor of the Secretary of Health and Human Services (Secretary), denying Ba...

  • Burke v. Secretary Of Health and Human Services
    869 F2d 1488
    This is an appeal from the district court's affirmance of the Secretary's denial of social security benefits to claimant, Hatler Burke. Upon review, we find that there was not substantial evidence fo...

  • Public Citizen v. Federal Trade Commission
    869 F2d 1541
    Kathryn A. Oberly, Washington, D.C., also entered an appearance for amicus curiae, The Smokeless Tobacco Council, Inc. Paul D. Kamenar, Washington, D.C., entered an appearance for amicus curiae, Was...

  • United States v. Perdomo
    872 F2d 420
    Alfonso Rujana Perdomo appeals from the district court's marginal order refusing relief under 28 U.S.C. Sec. 2255. Our review of the record discloses that this appeal is without merit. Perdomo chal...

  • Garcia v. Director Office Of Workers Compensation Programs United States Department Of Labor
    869 F2d 1413
    Petitioner Mae Garcia seeks review of a decision of the Benefits Review Board (Board) affirming the denial of black lung disability benefits to her late husband, Simon Garcia. Initially, we must dec...

  • No 88 2905
    869 F2d 1326
    We are presented with a land dispute claim that turns on the interpretation of Guam Civ.Code Sec. 1157.93 (1970). We must determine whether that statute allows parties to relitigate a property bounda...

  • Er Squibb and Sons Inc v. R Bowen Md
    870 F2d 678
    This is a petition for review of an order of the Commissioner of Food and Drugs withdrawing approval of, and revoking certification for, four combination drugs manufactured by petitioner E.R. Squibb a...

  • Tim Wargo Sons Inc Tim Wargo Sons Inc v. Equitable Life Assurance Society Of The United States
    869 F2d 1128
    Tim Wargo & Sons, Inc. (debtor) appeals from a final order of the District Court affirming the Bankruptcy Court's dismissal of its Chapter 12 case. The courts below ruled that debtor is not eli...

  • Davis v. Maynard
    869 F2d 1401
    Petitioner-appellant, Charles William Davis, was charged by information in the District Court of Oklahoma County, Oklahoma, with the first degree murders of Dennis McLaughlin and Robert Wayne Jones in...

  • Hatcher v. Office Of Personnel Management
    871 F2d 1097
    The initial decision of the Merit Systems Protection Board (board), which decision became final on August 29, 1988, docket No. NY08318810380, affirmed the Office of Personnel Management's reconsiderat...

  • United States v. Jameson
    869 F2d 1494
    The defendant Bill Wayne Jameson and his son were charged with conspiring to manufacture methamphetamine, a Schedule II controlled substance, and with aiding and abetting each other in such manufactur...

  • United States v. C McClelland
    868 F2d 704
    Appellant, Benjamin Casey McClelland, appeals his conviction on a single count of bank fraud and three counts of mail fraud. We find no error and affirm. Appellant's conviction on one count of ban...

  • Clamp Manufacturing Company Inc v. Enco Manufacturing Company Inc
    870 F2d 512
    Enco Manufacturing Co. appeals from the district court's judgment against it in favor of Clamp Manufacturing Co. Clamp sued Enco for trademark infringement of its clamps. Following a bench trial, the...

  • Terminal Packaging Co Inc v. A Hawman
    870 F2d 77
    Plaintiff-appellant G. & T. Terminal Packaging Co., Inc. ("G. & T.") appeals from a judgment of the United States District Court for the Southern District of New York (Mary Johnson Lowe, Judg...

  • Do Well Machine Shop Inc v. United States
    870 F2d 637
    Do-Well Machine Shop, Inc. appeals the final decision of the Armed Services Board of Contract Appeals (ASBCA or board), ASBCA No. 36090, 88-3 BCA (CCH) p 20,994 dismissing the appeal of its claim for ...

  • Titan Sports Inc v. Comics World Corporation
    870 F2d 85
    Plaintiff-appellant Titan Sports, Inc. appeals from a judgment of the United States District Court for the Southern District of New York (Leisure, J.), 690 F.Supp. 1315 (S.D.N.Y.1988), granting defend...

  • Hartley v. Mentor Corporation
    869 F2d 1469
    John H. Hartley, Jr., appeals from the July 14, 1987 final judgment of the United States District Court for the Central District of California, No. CV-86-7738-JSL, dismissing with prejudice his compla...

  • Lineberger v. Heaily
    872 F2d 418
    Charles Lineberger appeals the district court's orders dismissing his 42 U.S.C. Sec. 1983 action (88-7817), and denying his motion for appointment of counsel (88-7810), and his motion for a jury trial...

  • Morris v. Rollins
    872 F2d 418
    Wayne P. Morris seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses that this...

  • Little Iii v. Barnett
    872 F2d 418
    Benson Luther Little, III, a North Carolina inmate, appeals the dismissal of his 28 U.S.C. Sec. 2254 petition. We vacate and remand for the reasons below. The case was referred to a magistrate for ...

  • Bentley v. Director Office Of Workers Compensation Programs
    872 F2d 416
    Dovie Bentley ("claimant") appeals the Benefits Review Board's ("BRB") affirmance of the administrative law judge's ("ALJ") determination that she was not eligible for widow's benefits under the Feder...

  • Lowery v. W Chester
    872 F2d 418
    Paul Lowery seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion accepting the recommend...

  • Brown v. Office Of Personnel Management
    872 F2d 401
    The decision of the Merit Systems Protection Board (board), 38 M.S.P.R. 357 (1988), affirming as modified the board's initial decision sustaining the Office of Personnel Management's denial of Ann C. ...

  • Abramson v. W Ballou
    872 F2d 416
    Neil Abramson appeals from the district court's order dismissing his 42 U.S.C. Sec. 1983 action in which he seeks mandamus relief. Our review of the record and the district court's opinion discloses ...

  • Manifold Iii v. D Blunt
    873 F2d 178
    The petition for rehearing en banc has been considered by the court and is denied by reason of the lack of majority of active judges voting to rehear the case en banc. Judge Fagg voted to grant the p...

  • Scott v. United States Postal Service
    871 F2d 1097
    John O. Scott petitions for review of the decision of the Merit Systems Protection Board (board), Docket No. SL07528810123. The full board denied petitioner's request pursuant to 5 C.F.R. Sec. 1201.1...

  • United States v. Martin
    869 F2d 1118
    Jeffrey Allen Martin was convicted in the district court of one count in violation of 21 U.S.C. Sec. 841(a)(1), possession with intent to distribute 100 grams or more of the Schedule II Controlled Sub...

  • Hill v. John Chezik Imports
    869 F2d 1122
    Jill E. Hill appeals from a final judgment entered in the District Court for the Eastern District of Missouri dismissing her Title VII Civil Rights action because she failed to timely file her complai...

  • United States v. Risken
    869 F2d 1098
    Louis Kenneth Risken appeals from an order of the United States District Court for the Southern District of Iowa denying his petition for a writ of habeas corpus, 28 U.S.C. Sec. 2255. For reversal Ri...

  • United States v. Smallwood B
    870 F2d 658
    The defendants in this case are two small-scale Kentucky strip miners who failed to comply with a preliminary injunction, obtained at the insistance of the United States, requiring them to stabilize o...

  • Williams v. Ford Motor Company
    870 F2d 658
    Plaintiff, Danny Williams, brought a Title VII action against defendant Ford Motor Company following his discharge from employment with Ford. He alleged that he suffered disparate treatment from Ford...

  • Joseph v. Bartlomain
    870 F2d 657
    Plaintiff, Joseph V. Bartlomain, sued his former employer, the United States Postal Service (USPS) in federal district court, alleging that the USPS violated its own regulations and the Fair Labor Sta...

  • Ball v. Pet Inc Grocery Products Division 3 65
    870 F2d 657
    Helen K. Ball appeals from a grant of summary judgment in favor of Pet, Inc., Grocery Products Division ("Pet") and the Oil, Chemical and Atomic Workers International Union and its Local No. 3-65 ("th...

  • Samons v. National Mines Corporation
    870 F2d 657
    Claimant, Casey Samons, appeals from the denial of black lung benefits by the Benefits Review Board (Board), United States Department of Labor, 33 U.S.C. Sec. 921(c), as incorporated by 30 U.S.C. Sec....

  • Robinson v. Secretary Of Health and Human Services
    870 F2d 657
    Monroe Robinson applied for social security disability benefits in August 1981 as a consequence of a back injury, pneumoconiosis, and a stomach ulcer. At a hearing before an administrative law judge ...

  • United States v. Candoli
    870 F2d 496
    Defendant-appellant Diane Candoli appeals from the judgment entered following her convictions for conspiracy under 18 U.S.C. Sec. 371, attempted arson under 18 U.S.C. Sec. 844(i), arson under 18 U.S.C...

  • United States v. Roman
    870 F2d 65
    Defendant Martin Roman appeals from a judgment entered in the United States District Court for the Southern District of New York following a jury trial before Peter K. Leisure, Judge, convicting him o...

  • Patton v. United States
    871 F2d 1097
    Patton appeals from a dismissal for lack of jurisdiction by the United States Claims Court, docket no. 467-88C. We affirm. The Claims Court correctly determined that Patton's claims fall outside it...

  • Marx v. Director
    870 F2d 114
    Ruth Marx, the widow of Robert Marx (Marx), petitions for review of a decision and order of the Benefits Review Board (Board). The Board's order affirmed a decision of an Administrative Law Judge (AL...

  • Gleason v. McBride
    869 F2d 688
    This is an appeal from an April 22, 1988 opinion and order of the United States District Court for the Southern District of New York, Stanton, J., which granted plaintiff-appellant Thomas Gleason's mo...

  • Hibbs v. K Mart Corporation
    870 F2d 435
    Merle L. Hibbs appeals from a final judgment entered in the District Court for the Southern District of Iowa granting a motion by K-Mart Corp. (K-Mart) for judgment notwithstanding the verdict (jnov)...

  • Gonzales v. Director Office Of Workers Compensation Programs Us Department Of Labor
    869 F2d 776
    Manuel Gonzales petitions this court for review of a decision of the Benefits Review Board (BRB) denying him benefits under the Black Lung Benefits Act, 30 U.S.C. Secs. 901-945. The sole issue on app...

  • Koubourlis
    869 F2d 1319
    In this case, we must decide whether summary judgment was proper on the question of insolvency in a petition for bankruptcy. We find summary judgment was improper and, accordingly, reverse the Bankru...

  • Storek Storek Inc v. Port Of Oakland
    869 F2d 1322
    Storek & Storek, Richard Storek and Glenn Storek (Storek) brought suit against the Port of Oakland (the Port). Jurisdiction existed under 42 U.S.C. Sec. 1983. The district court denied summary j...

  • Sandberg v. White Laboratories Inc A Division Of Scherling Corporation
    871 F2d 3
    Sometime during 1951-1952, the mother of plaintiff-appellant Susan Sandberg, while pregnant with Susan, ingested dienestrol ("DEN"), a drug manufactured by defendant-appellee White Laboratories, Inc. ...

  • Douglas v. Hugh A Stallings
    870 F2d 1242
    This diversity action was brought by Paul and Jeannette Douglas, the parents of Jeffrey Douglas, both individually and on his behalf, against the estate and professional corporation of Hugh A. Stallin...

  • Esmailzadeh v. Johnson and Speakman
    869 F2d 422
    This diversity case involves professional-liability insurance policies purchased from separate carriers by a law firm that was sued for malpractice by appellants Karim and Ruthann Esmailzadeh. The po...

  • Black v. Hesse
    869 F2d 420
    This diversity case arises from a dispute between Donald Black's widow, Janet Black, and his former business associate, Edward Hesse, over the proceeds of Donald Black's $50,000 life insurance policy....

  • Taylor v. P R W
    872 F2d 419
    Henry Taylor, Jr., an inmate incarcerated in Virginia, filed this suit against corrections officials, ostensibly pursuant to 42 U.S.C. Sec. 1983. He alleged that the rate at which he received good-ti...

  • Allen v. W Arseniu
    872 F2d 416
    Wilbert Andrew Allen appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion discloses that this appeal is without ...

  • United States v. Bradley
    869 F2d 417
    Rick Louis Bradley entered a conditional guilty plea to two counts of illegally making a firearm, see 26 U.S.C. Secs. 5861(f) (1982), 5871 (Supp. IV 1986). He reserved the right to take this appeal f...

  • International Union United Automobile Aerospace Agricultural Implement Workers Of America v. Dole
    869 F2d 616
    The Secretary of Labor (Secretary) seeks our review of a district court decision rejecting two Department of Labor (Department) interpretive rulings concerning the reports required of employers under ...

  • Secretary Of Labor v. Smitty Baker Coal Company P and P
    872 F2d 419
    The Secretary of Labor, on behalf of Glen Munsey and Munsey's attorney, Steven B. Jacobson, appeals from the district court's modification of a damage award previously made to Munsey and Jacobson by t...

  • Zenith Drilling Corporation v. Internorth Inc
    869 F2d 560
    This diversity action arises out of a contractual relationship between Zenith Drilling Corporation (Zenith), a contractor that leases oil rigs, and InterNorth, Inc. and BelNorth Petroleum Corporation ...

  • Tennessee Gas Pipeline Company v. Federal Energy Regulatory Commission
    871 F2d 1099
    Mickey Jo Lawrence entered an appearance for intervenor, Texaco Inc., in No. 87-1374. Albert Sylvia, III, Los Angeles, Cal., entered an appearance for intervenor, Union Oil Co. of California, in No....

  • Balderman v. United States Veterans Administration
    870 F2d 57
    Plaintiff Samuel C. Balderman, M.D., appeals from a final judgment of the United States District Court for the Western District of New York, John T. Curtin, then-Chief Judge, dismissing his complaint ...

  • Rice v. J Johnson W
    872 F2d 419
    Vaughn Michael Rice appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion discloses that this appeal is without m...

  • United States v. Erkkila
    872 F2d 419
    Charles Erkkila, an inmate incarcerated at the Federal Correctional Institution in Butner, North Carolina, appeals the district court's order committing him to the custody of the Attorney General for ...

  • Hines v. R Bowen
    872 F2d 56
    Mary W. Hines appeals from the order of the district court denying her disability insurance benefits and supplemental security income under 42 U.S.C. Sec. 401 et seq. and 42 U.S.C. Sec. 1381. The dis...

  • Religious Technology Center Church Of Scientology International Inc v. Scott
    869 F2d 1306
    This appeal arises out of litigation initiated by the Church of Scientology ("Church") against the Church of the New Civilization ("New Church"). The focus of the litigation is certain scriptural mat...

  • Delling D v. National Labor Relations Board
    869 F2d 1397
    Country Boy Markets, a chain of supermarket stores in Oklahoma, petitions this Court for review of a Decision and Order of the National Labor Relations Board (hereinafter referred to as the Board). T...

  • Bjaranson v. Botelho Shipping Corporation Manila
    873 F2d 1204
    Raymond J. Conboy, Robert K. Udziela, Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, Or., for plaintiff-appellee. Paul N. Wonacott and Craig C. Murphy, Wood Tatum Mosser Brooke & Landi...

  • United States v. Pino Perez
    870 F2d 1230
    We decided to hear this case en banc, pursuant to Circuit Rule 40(f), in order to decide whether violation of the federal "kingpin" statute, 21 U.S.C. Sec. 848 (Continuing Criminal Enterprises, Title ...

  • Ipec Inc v. International Lithographing Corp
    869 F2d 1080
    This case arose from a dispute over the sale of a printing press. The plaintiff, IPEC Incorporated ("IPEC"), prevailed in a bench trial before Judge Hart, who entered a $225,000 judgment in IPEC's fa...

  • Burge v. H Butler
    867 F2d 247
    Because the state trial court misunderstood the effective date of a new sentencing statute, a defendant convicted of a felony was sentenced under a statute that did not apply to his crime and to a sen...

  • Dixie Machine Welding Metal Works Inc v. International Brotherhood Of Boilermakers Iron Ship Builders
    867 F2d 250
    Between 1981 and 1984, Dixie Machine Welding & Metal Works was a party to a multi-employer contract with the International Brotherhood of Boilermakers. Dixie Machine and the union negotiated a se...

  • Hinton v. Baltimore County Maryland E
    872 F2d 417
    Jerome Howard Hinton appeals the district court's order denying relief from the judgment entered in Hinton's 42 U.S.C. Sec. 1983 action. Our review of the record and the district court's opinion dis...

  • Cts Truss Inc Holt Cts v. Federal Deposit Insurance Corporation
    868 F2d 146
    This panel has reconsidered the rationale underlying part I of our opinion issued previously in this case and reported at 859 F.2d 357. The mandate has not yet been issued. Without changing the r...

  • United States v. A Tullos D E
    868 F2d 689
    Larry Tullos, Sidney Fazio and Michael Blanton appeal their convictions for financial improprieties associated with several loan transactions from a federally insured savings and loan institution. Tu...

  • Bernard v. Rockwell International Corporation
    869 F2d 928
    Plaintiffs-appellants appeal a district court order granting partial summary judgment dismissing several consolidated claims they brought against their former employer, Rockwell International Corporat...

  • No 87 5298
    869 F2d 942
    The Comprehensive Crime Control Act of 1984 amended the civil forfeiture provisions of the Controlled Substances Act by the addition of a provision, codified at 21 U.S.C. Sec. 881(a)(7), authorizing t...

  • No 87 2817
    869 F2d 1312
    In 1981, pursuant to the Air Installation Compatible Use Zone (AICUZ) Program the Department of the Navy hired PRC Engineering to conduct a study of the operations, procedures and aircraft noise and a...

  • Aronson v. Us Department Of Housing and Urban Development
    869 F2d 646
    The Federal Department of Housing and Urban Development (HUD) appeals from a preliminary injunction, pursuant to 28 U.S.C. Sec. 1292(a)(1) (Supp.1988), requiring it to provide Robert Aronson with list...

  • Canterino v. Wilson
    869 F2d 948
    Defendant-appellants, the Secretary of the Corrections Cabinet of Kentucky and others involved with the administration of the Kentucky prison system, appeal to this court from a decision of the United...

  • People Of The Village Of Gambell Ira Ira v. P Hodel People Of The Village Of Gambell Ira
    869 F2d 1273
    In 1983, appellee Secretary of the Interior ("Secretary") began leasing 2.4 million acres of submerged land off the western shore of Alaska. The leases were for purposes of oil and gas exploration pu...

  • Shelton v. Reynolds Metals Company
    872 F2d 419
    Thomas Shelton appeals from an order of the district court granting defendant's motion for an involuntary dismissal, Fed.R.Civ.P. 41(b), at the conclusion of Shelton's evidence at trial. We affirm. ...

  • United States v. Zolicoffer
    869 F2d 771
    Welton Zolicoffer appeals from his conviction, following a jury trial, of seven offenses relating to trafficking in cocaine. Two counts dealt with possession with intent to distribute and conspiracy ...

  • May Som Gulf Inc Da v. Chevron Usa Inc
    869 F2d 917
    In 1984, defendant Chevron U.S.A., Inc. ("Chevron") purchased Gulf Oil Corporation ("Gulf"). The acquired properties, including oil refineries, gasoline terminals, service stations and service stati...

  • Doyle v. Trinity Savings and Loan Association Tsl Stm L Doyle
    869 F2d 558
    Michael L. Doyle brought this action against Trinity Savings & Loan Association (Trinity) and the Federal National Mortgage AssociationMA asserting that he is entitled to damages and cancellation ...

  • The Bible Speaks Dovydenas v. The Bible Speaks
    869 F2d 628
    In this undue influence case, the defendant church, the Bible Speaks (TBS), appeals the district court's affirmance of the bankruptcy court's finding of liability. See The Bible Speaks v. Dovydenas, ...

  • Kolek v. D Engen Kolek
    869 F2d 1281
    Petitioner Joseph Kolek seeks reversal of the order by the National Transportation Safety Board ("NTSB") affirming revocation of his private pilot certificate. We must decide whether Kolek's erroneou...

  • United States v. Portac Inc
    869 F2d 1288
    Portac, Inc., a sawmill company, and Howard Wolf, an employee of Portac, appeal criminal convictions stemming from a conspiracy to rig bidding on a government timber sale held on March 22, 1985. Port...

  • New Alaska Development Corporation v. C Guetschow New Alaska Development Corporation J
    869 F2d 1298
    In November 1982, appellant J. Glen Cassity's wife filed for divorce in Alaska Superior Court. On March 23, 1983, in the course of the divorce proceeding, the presiding judge, Ralph E. Moody, appoint...

  • United States v. Mills
    869 F2d 1494
    Defendant, David Lee Mills ("Mills") appeals his jury conviction for the production, manufacture and possession with intent to distribute marijuana. Mills contends that the district court erred by de...

  • Agcaoili v. E Gustafson
    870 F2d 462
    After the decision by the Supreme Court in INS v. Pangilinan, --- U.S. ----, 108 S.Ct. 2210, 100 L.Ed.2d 882 (1988), we granted rehearing. In light of the Supreme Court's decision, we withdraw our pr...

  • Haire v. United States
    869 F2d 531
    Robert W. Haire brought suit against the United States under the Equal Access to Justice Act (EAJA), 5 U.S.C. Sec. 504 seeking to recover attorney's fees and costs incurred in a proceeding under the E...

  • Portaluppi v. Shell Oil Company
    869 F2d 245
    The litigation underlying this appeal arose out of the cancellation of Charles J. Portaluppi's franchise to operate a Shell Oil Company gasoline station in Woodbridge, Virginia, after Portaluppi pled ...

  • Wood and Locker Inc Section Committee Of Unsecureds v. Interfirst Bank Dallas Na
    868 F2d 139
    The Section 1102(a)(1) Committee of Unsecured Creditors of Wood & Locker, Inc. appeals the district court's decision to affirm the bankruptcy court's grant of summary judgment to intervenor, Inter...

  • Saunders v. Citibank South Dakota Na
    872 F2d 419
    Clarence V. Saunders, a fifty-four year-old part-time student proceeding in forma pauperis, brought this action pursuant to 15 U.S.C. Sec. 1691(a)(1) alleging that Citibank illegally discriminated aga...

  • Litteral v. P Bach
    869 F2d 297
    Plaintiff Lena Litteral appeals the district court's dismissal of her claims brought pursuant to 42 U.S.C. Secs. 1983 and 1985 (1982). The district court abstained from taking jurisdiction based on t...

  • Empey v. Grand Trunk Western Railroad Co
    869 F2d 293
    Defendant-appellant, Grand Trunk Western Railroad Co., appeals the jury verdict for the plaintiff, Leighton Empey, in this personal injury action brought pursuant to the Federal Employer's Liability A...

  • Carver v. Secretary Of Health and Human Services
    869 F2d 289
    This is an appeal by plaintiff-appellant, Josephine Carver (Carver), from the district court's decision in favor of defendant-appellee, Secretary of Health and Human Services (Secretary), who had dete...

  • Bennett v. City Of Boston
    869 F2d 19
    The appellant, Darrell Bennett, claims that the City of Boston, in dismissing him without a hearing from his job with the Boston Penal Department, deprived him of "property without due process of law,...

  • McNeill v. International Precious Metals Corporation E 1 10
    872 F2d 418
    International Precious Metals Corporation, the parent corporation of MultiVest Options, Inc. (MultiVest), and Peter Phass, a MultiVest account executive, (Defendants), appeal from a district court or...

  • United States v. Moscahlaidis
    868 F2d 1357
    Appellant, John Moscahlaidis, appeals from a final judgment of conviction and sentence rendered by the United States District Court for the District of New Jersey. Appellant claims that the governmen...

  • United States v. Perez
    870 F2d 1222
    On May 8, 1987, defendants Luis Anthony Perez (Perez) and Faustino Calderon-Abeja (Calderon) were arrested after attempting to sell a kilogram of cocaine to undercover Drug Enforcement Administration ...

  • Pirus v. R Bowen Hhs
    869 F2d 536
    Appellant Sidell Pirus brought a class action against the Secretary of the Department of Health and Human Services, challenging the Secretary's decision to deny social security benefits to her and the...

  • Gould Ra v. Lambert Excavating Inc
    870 F2d 1214
    S. Douglas Trolson, Indianapolis, Ind., for defendant-appellant. Frederick W. Dennerline, III, Fillenwarth Dennerline Groth & Baird, Indianapolis, Ind., for plaintiffs-appellees. Before CUDAHY...

  • Stanfield v. Shellmaker Inc
    869 F2d 521
    Phillip Stanfield appeals from a final judgment in the district court following a bench trial of his claims under the Jones Act, 46 U.S.C.App. Sec. 688. Stanfield contends that the district court err...

  • United States v. Chatman
    869 F2d 525
    In 1984 the United States Congress enacted the Armed Career Criminal Act, 18 U.S.C.App. Sec. 1202(a) (repealed and later incorporated into 18 U.S.C. Sec. 924(e)(1)) ("the Act"). The Act provides a ma...

  • Boykin v. G Bullock
    872 F2d 416
    Walter D. Boykin, Jr., appeals from the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses that ...

  • Horner v. P Hollander
    878 F2d 1443
    Constance Horner, Director of the Office of Personnel Management (OPM) petitions for review of the Merit Systems Protection Board's December 19, 1988 decision Hollander v. OPM. Evelyn P. Hollander ...

  • United States v. O Ortega Santana
    869 F2d 12
    This is an appeal from a conviction of robbery of mail matter in violation of 18 U.S.C. Sec. 2114 in which appellant claims that the district court erred in failing to suppress his pretrial confession...

  • Abundis v. United States
    878 F2d 1443
    The United States petitions for permission to appeal the September 13, 1988 order of the Claims Court, certified for interlocutory appeal on January 24, 1989. Ruben S. Abundis, et al. (plaintiffs) o...

  • Consolidated Gas Company Of Florida Inc v. Federal Energy Regulatory Commission
    871 F2d 155
    This case was considered on the record from the Federal Energy Regulatory Commission and was briefed and argued by counsel for the parties. The court has reviewed the issues presented and finds they ...

  • Helm v. Bunch B
    869 F2d 1490
    Defendants Kentucky State Policeman David Bunch and Russell County Deputy Sheriff Roger Pierce, appeal from the district court's denial of their motions for judgment notwithstanding the verdict, a new...

  • Kaiser Francis Oil Company v. Producers Gas Company
    870 F2d 563
    Appellee and seller, Kaiser-Francis Oil Co. (Kaiser-Francis), sought to enforce the provisions of two similar gas purchase contracts (the "Ellis" and "Cronin" contracts) against appellant and buyer, ...

  • United States v. Vowiell
    869 F2d 1264
    The slip opinion filed May 5, 1988 is withdrawn; This Opinion and dissent are hereby filed in its place; The petition for rehearing filed with respect to the opinion filed May 5, 1988, is rejected a...

  • Federal Election Commission v. Furgatch
    869 F2d 1256
    After this court rejected Furgatch's statutory and constitutional defenses to the Federal Election Commission's civil action against him, FEC v. Furgatch, 807 F.2d 857 (9th Cir.1987), the district cou...

  • United States v. Elfer
    868 F2d 1146
    On August 1, 1988, Steven Baker Elfer entered guilty pleas to four counts of bank robbery in violation of 18 U.S.C. Sec. 2113(a). This court subsequently held the Sentencing Reform Act of 1984, Pub.L...

  • Mead Data Central Inc v. Toyota Motor Sales Usa Inc
    875 F2d 308
    An opinion of the Court will follow. Ellsworth A. Van Graafeiland, U.S.C.J. Richard J. Cardamone, U.S.C.J. Robert W. Sweet, U.S.D.J. N.B. This summary order will not be published in the Federa...

  • Morgan v. Jackson
    869 F2d 682
    Petitioner Herman B. Morgan, a New York State parolee, appeals from a final judgment of the United States District Court for the Eastern District of New York, Jack B. Weinstein, Judge, dismissing his ...

  • United States v. Arzola Amaya V
    867 F2d 1504
    Charles Louis Roberts, El Paso, Tex., for Audelio Arzola-Amaya & maynard. Earl Hanson, Los Angeles, Cal., for Santiago Rosa-Arzola. Gary B. Weiser, El Paso, Tex., Harold Greenberg, Los Angeles...

  • Locus v. Fayetteville State University A Fsu
    870 F2d 655
    Bessie Carpenter Locus, the plaintiff in a civil rights action brought against Fayetteville State University and several University employees, appeals the order of the district court granting summary ...

  • United States v. M Bailey
    870 F2d 656
    Sheila Bailey appeals from two orders of the district court which (1) dismissed two of the claims raised in her 28 U.S.C. Sec. 2255 motion to vacate sentence, and (2) denied her motion to reconsider i...

  • Delmay v. Paine Webber
    872 F2d 356
    This case is before the court on appellant PaineWebber's petition for reconsideration of our order of December 28, 1988, in which we dismissed its appeal for lack of jurisdiction. On the basis of new...

  • Dariano Sons Inc v. District Council Of Painters No
    869 F2d 514
    The question arising here is whether a determination by the Regional Director of the National Labor Relations Board ("NLRB" or "the Board") that A. Dariano & Sons, Inc. ("A. Dariano") and Dariano...

  • Salus Corporation v. L Olshan
    870 F2d 655
    This is a dispute between Morton L. Olshan and his business associates (collectively "Fair Oaks"), who sought to construct a motel, and Salus Corporation ("Salus"), formerly Fair Oaks' general contrac...

  • Hf Staiger Company v. Pt Lloyd
    870 F2d 655
    A ship chartered by P.T. Trikora Lloyd ("Trikora") delivered, under bills of lading, to H.F. Staiger Company ("Staiger") a load of rubber contaminated by moisture. Staiger brought an action under the...

  • Farmers Alliance Mutual Insurance Company v. E Miller
    869 F2d 509
    On February 23, 1986, Richard Miller was a passenger in a car driven by Richard Dean Smith. Smith ran a red light and crashed into another vehicle, killing Miller. Three years later, the amount Mil...

  • Gorenc v. Salt River Project Agricultural Improvement and Power District
    869 F2d 503
    Plaintiff-appellant, Louis Gorenc ("Gorenc"), filed a pro se complaint in U.S. District Court against the defendant-appellee, Salt River Project Agricultural Improvement and Power District ("Salt Rive...

  • Wiley v. C Parke
    869 F2d 1494
    Before BOYCE F. MARTIN Jr., and RYAN, Circuit Judges, and JOHN W. POTTER, District Judge. Henry Wiley appeals pro se from the denial of his petition for a writ of habeas corpus filed under 28 U.S.C....

  • Madison Galleries Ltd v. United States
    870 F2d 627
    This is an appeal from the judgment of the United States Court of International Trade, Madison Galleries, Ltd. v. United States, 688 F.Supp. 1544 (Ct.Int'l Trade 1988) (Aquilino, J.). The trial court...

  • Miles v. E Melbourne
    870 F2d 655
    Kelvin J. Miles appeals from the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion accepting the recommen...

  • Barnes v. Federal Reserve Bank Of Cleveland
    869 F2d 1488
    Defendant Federal Reserve Bank appeals from a judgment for $25,000 compensatory damages, and $175,000 punitive damages, awarded to its former employee, plaintiff Stuart K. Barnes, on his claims of rac...

  • United States v. Mason
    869 F2d 414
    After a joint jury trial, Dale Mason, Nancy Mason, Dennis Napieralski, and John Borton were convicted of conspiracy to manufacture and distribute marijuana in violation of 21 U.S.C. Sec. 846. Dale Ma...

  • United States v. Sacco
    869 F2d 499
    Sacco appeals from his convictions for failure to report the transporting of more than $10,000 across the United States/Canadian border and for making false statements to customs officials in violatio...

  • Nash v. R Bowen
    869 F2d 675
    The principal issue raised by the instant appeal following a nonjury trial in the United States District Court for the Western District of New York (Elfvin, J.) is whether efforts by the Secretary of ...

  • Rucks v. Sec Of Hhs
    873 F2d 1448
    Appeal From: W.D.Ark. AFFIRMED. ...

  • Pitts v. Board Of Education Of Usd Salina Kansas
    869 F2d 555
    James J. Pitts brought suit under 42 U.S.C. Sec. 1983 (1982) against the school board of Salina, Kansas, and a number of individuals, alleging that his property and liberty interests were violated whe...

  • Meder v. City Of Oklahoma City
    869 F2d 553
    Meryl Meder brought this action pursuant to 42 U.S.C. Sec. 1983 (1982), alleging that he was denied procedural due process when the Oklahoma City Police Department terminated his employment. The dist...

  • National Treasury Employees Union v. Horner
    869 F2d 571
    Constance Horner, Director of the Office of Personnel Management (OPM), appeals the summary judgment of the United States District Court for the District of Columbia, Nos. 83-0279 and 83-0526 (D.D.C. ...

  • Nevarez Diaz v. United States
    870 F2d 417
    Petitioner-appellant Jesus Roberto Nevarez-Diaz ("Nevarez") is a Spanish-speaking Mexican citizen with a sixth-grade education. He neither speaks nor understands English. Nevarez and his brother, Ca...

  • Bigby v. City Of Chicago
    871 F2d 54
    The intervening plaintiffs in this case challenge the denial of the City of Chicago's motion to vacate the district court's sua sponte order barring further promotions from existing Chicago police lie...

  • Johnson v. Lb Ja Smith J
    870 F2d 655
    Larry Ray Johnson appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion discloses that this appeal is without mer...

  • Graefenhain v. Pabst Brewing Company
    870 F2d 1198
    In this appeal, appellants Gunther Graefenhain and Philip Miller and cross-appellant Pabst Brewing Company raise a plethora of issues surrounding the award of front pay damages under the Age Discrimin...

  • United States v. Martin
    870 F2d 656
    Ross Maruka for appellant. Martin P. Sheehan, Assistant United States Attorney for appellee. Before WILKINS, Circuit Judge, ROBERT R. MERHIGE, Jr., Senior United States District Judge for the East...

  • Robbins v. Lapteff
    870 F2d 655
    In this appeal we must determine whether the parties reached a settlement agreement which included a confidentiality provision in a dispute alleging violations of wage and overtime provisions of the F...

  • United States v. Reynolds
    870 F2d 656
    Rickey Wayne Reynolds appeals from the district court's order refusing relief under 28 U.S.C. Sec. 2255. Our review of the record and the district court's opinion discloses that this appeal is withou...

  • Salvage Enterprises Inc v. Dayton Hudson Corporation Jl
    870 F2d 657
    Plaintiff Salvage I Enterprises, Inc., appeals the district court's grant of summary judgment for defendant Dayton Hudson Corporation in this breach of contract action. We hold that summary judgment ...

  • Byard v. Vorys Md
    870 F2d 657
    This diversity case involves Ohio's medical malpractice statute of limitations. Ohio Rev.Code Ann. Sec. 2305.11. The specific issue in this case involves the provision of section 2305.11 which allow...

  • Fitzpatrick v. McCormick
    869 F2d 1247
    Bernard J. Fitzpatrick appeals the district court's denial of his petition for habeas corpus relief. Fitzpatrick was convicted by a Montana state court and sentenced to death for deliberate homicide,...

  • United States v. Cole
    870 F2d 658
    Defendant, Rainford Cole, was indicted on one count of possession with intent to distribute cocaine, 21 U.S.C. Sec. 841(a)(1). Cole entered a guilty plea under Fed.R.Crim.P. 11 which reserved to him ...

  • Davis v. United States Parole Commission
    870 F2d 657
    Before BOYCE F. MARTIN Jr. and RYAN, Circuit Judges, and JOHN W. POTTER, District Judge. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon ...

  • United States v. Didonato
    870 F2d 656
    Ronald DiDonato, Terry McDowell, Albert McDowell, Jr., Coleen McDowell, and John Whitley appeal their jury convictions, pursuant to an indictment, for distributing and intending to distribute cocaine....

  • Philipian v. R Bowen
    870 F2d 657
    Walter W. Philipian appeals from an order of the district court affirming the denial of Social Security benefits by the Secretary of the Department of Health and Human Services. We find that Philipia...

  • United States Of America v. Serge Lachapelle
    869 F2d 488
    Having each entered a conditional plea of guilty to the charge of conspiracy to possess cocaine with intent to distribute, Serge LaChapelle and Elmer Dale Osborne appeal the district court's denial of...

  • Roley v. Pierce County Fire Protection District No
    869 F2d 491
    We consider whether the court ruled correctly in granting summary judgment where it found no equal protection or procedural due process violation in the discharge of a fire chief. Roley worked for t...

  • McCalpine v. Foertsch
    870 F2d 409
    Defendants-appellants Tom Revane and John Foertsch appeal from the jury's award of compensatory damages in favor of plaintiff-appellee William McCalpine in a Sec. 1981 suit for intentional discriminat...

  • Hernandez Luis v. Immigration and Naturalization Service
    869 F2d 496
    Jose Hernandez-Luis petitions for review of the Board of Immigration Appeal's (BIA) affirmance of an immigration judge's (IJ) denial of suspension of deportation and voluntary departure. He argues he...

  • Lett v. Dolinger
    870 F2d 655
    Troussant Delano Lett appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion discloses that this appeal is without...

  • United States Postal Service v. Cec Services
    869 F2d 184
    This appeal presents the question of whether the denial of a Fed.R.Crim.P. 41(e) motion for return of property seized pursuant to two search warrants is appealable by a party which was, but is no long...

  • Arnold Arnold v. Weast
    869 F2d 240
    The appellant, Francis Arnold, filed for Chapter 13 bankruptcy in 1984. At the time of the confirmation hearing, Arnold reported his income as approximately $80,000 per year. In August 1985, the ban...

  • Tobin v. Town Of North Beach M J T
    870 F2d 655
    Appellants, plaintiffs below in a 42 U.S.C. Sec. 1983 action against the Town of North Beach, Maryland and its Board of Supervisors ("Town"), appeal from the district court's order awarding attorney's...

  • Gronholz v. Sears Roebuck and Co
    869 F2d 390
    Donald Gronholz appeals the decision of the district court to dismiss his claim of unfair competition and to grant summary judgment in favor of Sears, Roebuck and Co. (Sears). We reverse. In 1972,...

  • State Of Texas v. United States
    866 F2d 1546
    Armstrong World Industries ships carpet from Georgia to a Texas warehouse. After a storage period, Armstrong ships the carpet onward from the warehouse to final destinations throughout Texas and in n...

  • United States v. Hoyos
    868 F2d 1131
    Hector Hernan Hoyos (Hoyos) appeals from the judgment of conviction for conspiracy to possess cocaine with the intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1) (1982). After the denial o...

  • Munple v. Munple
    868 F2d 1129
    Appellant and cross-appellee Munple, Ltd., the debtor in a chapter 11 bankruptcy proceeding, appeals the district court's order affirming the bankruptcy court's Order Denying Debtor's Motion to Sell F...

  • Waller Creek Ltd Hb Zachry Co v. Waller Creek Ltd
    867 F2d 228
    This is literally a case on top of a case. These adversary proceedings in bankruptcy, reviewed together here, involve a hotel constructed on top of a parking garage in Austin, Texas. The plaintiff s...

  • Coleman v. Saffle
    869 F2d 1377
    Petitioner, Charles Troy Coleman, is under a sentence of death as a result of an Oklahoma state court conviction for first-degree murder. In this, his second federal petition for habeas corpus relief...

  • United States v. Vizcaino
    870 F2d 52
    Jorge Vizcaino appeals a sentence imposed by the United States District Court for the Eastern District of New York, Charles P. Sifton, Judge, applying the Sentencing Guidelines promulgated under the S...

  • Schachar v. American Academy Of Ophthalmology Inc
    870 F2d 397
    There can be no restraint of trade without a restraint. That truism decides this case, in which eight ophthalmologists contend that the American Academy of Ophthalmology violated the antitrust laws b...

  • Herman v. City Of Chicago
    870 F2d 400
    A shift in political winds has wafted this case here. Mayor Jane Byrne appointed Arthur Herman in February 1981 as the Director of Field Operations at Chicago's Department of Housing. Byrne lost her...

  • Gaston v. Flowers Transportation
    866 F2d 816
    Roger Gaston appeals the dismissal of his action under the Jones Act against Flowers Transportation for emotional injury, allegedly sustained when he observed the death of his half-brother. We affirm...

  • Placzek v. G Strong
    868 F2d 1013
    Mathew W. Placzek (appellant) appeals from a final order entered in the District Court for the Western District of Missouri dismissing without prejudice his complaint for failure to state a claim. Hi...

  • United States v. Fontanez
    869 F2d 180
    Defendant Humberto Fontanez, a United States citizen who was indicted for various violations of 18 U.S.C. and 21 U.S.C. following his conviction for possession of narcotics in Canada and his transfer ...

  • McClure Jones v. Ray
    870 F2d 655
    David McClure, a Maryland inmate, sought federal review under 42 U.S.C. Sec. 1983 of the process by which he was denied parole under Maryland law. The district court granted defendants' motion for s...

  • Myers v. Scott County
    868 F2d 1017
    These appeals arise out of an investigation into alleged sexual abuse of children in Scott County, Minnesota. Most of the facts and legal issues have already been thoroughly set forth and resolved in...

  • Equal Employment Opportunity Commission v. Bellemar Parts Industries Inc
    868 F2d 199
    The Equal Employment Opportunity Commission (EEOC), plaintiff-appellee, moves for clarification of the award of attorneys' fees in our January 17, 1989 decision in the above-captioned case, 865 F.2d 7...

  • Friedman v. Commissioner Of Internal Revenue
    869 F2d 785
    The appellants herein all claimed ordinary loss deductions on their 1976 income tax returns as a result of losses incurred in London options transactions. The Commissioner challenged these deductions...

  • In Re Richard Thornburgh Et Als
    869 F2d 1503
    Petitioners, Richard Thornburgh et al., are defendants in an action now pending in the district court, in which four organizations and five "Doe" individual aliens ("plaintiffs"), purporting to repres...

  • Tideswell v. Secretary Of Health and Human Services
    869 F2d 1493
    Robert Tideswell appeals the denial of disability benefits by the Secretary. He claims that his back ailment qualifies him as disabled under the listing of impairments and/or other regulations, and t...

  • Neu v. P Corcoran W
    869 F2d 662
    The principal issue on this appeal is whether qualified immunity shields a state official who defames a private citizen and thereby damages his career opportunities but without depriving the citizen o...

  • Miller v. B Vasquez
    868 F2d 1116
    State prisoner Miller appeals from the denial by the district court of his petition for habeas corpus. He argues that his conviction was constitutionally flawed because (1) he did not receive a jury ...

  • McGill v. State Of North Carolina
    870 F2d 655
    Ronald McGill appeals the district court's dismissal of his application for habeas corpus relief under 28 U.S.C. Sec. 2254. We dismiss the appeal for lack of jurisdiction. Within ten days of the di...

  • Brown v. Department Of Social Service Of Southern Maryland
    870 F2d 654
    Brian A. Brown appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • Burlew v. Eaton Corporation
    869 F2d 1063
    Plaintiff-Appellant Russell Burlew brought this action against his former employer, Eaton Corporation ("Eaton"), alleging both non-willful and willful age discrimination in violation of the Age Discri...

  • Balla v. Idaho State Board Of Corrections D Balla
    869 F2d 461
    In these consolidated appeals, Balla and a class of prisoners (prisoners) incarcerated in Idaho appeal from the denial of their motions for contempt and for reconsideration. The prisoners contend tha...

  • United States v. Juvenile Female
    869 F2d 458
    Appellant, a juvenile female and member of an Indian tribe, while driving under the influence of alcohol was involved in an accident which claimed the life of a passenger in another car. She was char...

  • Brown v. Fairfax City Judicial Center Committee A Brown
    870 F2d 654
    Brian Brown appeals from the district court orders dismissing his claims pertaining to Lorton Reformatory and denying his motion for appointment of counsel. We dismiss the appeals for lack of jurisdi...

  • Shipbuilders Council Of America v. United States
    868 F2d 452
    As plaintiffs in the district court, the Shipbuilders Council of America and the Transportation Institute sought, in 1987, a declaration that the United States Customs Service (Customs) had erred, ove...

  • North American Van Lines Inc v. National Labor Relations Board
    869 F2d 596
    North American Van Lines, a company that transports goods by truck, petitions to review the determination of the National Labor Relations Board that the company committed an unfair labor practice thro...

  • United States v. Nowicki
    870 F2d 405
    Casey Nowicki, Henry Leon and Charles Santiago were charged with nine counts of possession and distribution of approximately $2000 in counterfeit notes, in violation of 18 U.S.C. Sec. 472 and Sec. 473...

  • New Britain General Hospital Home Health Agency v. R Bowen
    868 F2d 458
    This cause came on to be heard on the record on appeal from the United States District Court for the District of Columbia, and was briefed and argued by counsel. While the issues presented occasion n...

  • United States v. Allred
    867 F2d 856
    Appellants William Allred, Antoine Haddad, Lou Milhous, Soren Hansen, Donallco, Inc. and six other Donallco owners, officers or employees were charged with conspiring to defraud the United States in v...

  • Parente v. Town Of West Warwick
    868 F2d 522
    After consideration of the briefs, arguments, and record, we affirm substantially for the reasons set forth in the district court's opinion. Parente v. Town of West Warwick, 685 F.Supp. 873 (D.R.I.19...

  • First Equity Corporation Of Florida v. Standard and Poors Corporation
    869 F2d 175
    This case involves the scope of liability for negligent misstatements in the specialized sub-industry that publishes newsletters and provides information services for the use of investors and investme...

  • Macfarland v. Oakland County and F
    869 F2d 1491
    In December 1983, defendant-appellee Douglas Molinar, an Oakland County police officer, was sent to the home of plaintiff's decedent Marion H. Gentry as a possible suicide-in-progress. Molinar allowe...

  • United States v. Vasquez
    867 F2d 872
    Appellant Eddie Serrato Vasquez appeals his conviction for attempting to threaten Pope John Paul II and threatening Pope John Paul II in violation of 18 U.S.C. Secs. 112(b)(1) and 112(b)(2). For the ...

  • United States v. Durham
    868 F2d 1010
    Ricky Durham was convicted by a jury of the first degree murder of a United States Postal Service Mail Carrier who was engaged in the performance of his duties and the use of a firearm in the commissi...

  • Frisby v. Secretary Of Health and Human Services
    869 F2d 1490
    Claimant Ralph Frisby appeals from the district court's judgment which affirmed the Secretary of Health and Human Services' determination that he is not disabled and, therefore, is not entitled to dis...

  • United States v. Lewis
    870 F2d 656
    Sherman Lewis ("Lewis") and Joyce Torian Thompson ("Thompson") were each tried and convicted on two counts of conspiracy, two counts of armed bank robbery and two counts of using a firearm in the comm...

  • Byrd Byrd v. International Transtech Corporation
    870 F2d 654
    The district court refused to enforce a forum selection clause in an agreement between the parties, and the defendant has appealed the denial of his motion to dismiss or to transfer. The agreement f...

  • Wood v. United States Internal Revenue Service
    866 F2d 1367
    Raymond Wood, the Debtor, initiated an adversary proceeding in the bankruptcy court to determine the dischargeability of his federal income tax liabilities for the years 1979 through 1982. The bankru...

  • United States v. G Endicott
    869 F2d 452
    After being convicted on various firearms charges, Rex Endicott appeals the district court's denial of his motion for a new trial based on newly discovered evidence and on juror-witness contact. We h...

  • United States v. Monroe
    866 F2d 1357
    In this appeal, we reject the appellant's contentions that the district court erred by admitting hearsay statements, finding the evidence sufficient to convict, and ordering the forfeiture of real pro...

  • Person v. S Miller
    870 F2d 655
    Stephen Miller appeals the jury verdict finding him in criminal contempt for having violated a court order prohibiting Glen Miller, the Carolina Knights of the Ku Klux Klan (and its successor, the Whi...

  • Sams v. United Food and Commercial Workers International Union
    866 F2d 1380
    James Sams and Jimmie Orr appeal from the judgment of the United States District Court for the Southern District of Georgia (Alaimo, C.J.), Sams v. United Food & Commercial Workers International U...

  • Santo v. Department Of Defense
    871 F2d 1096
    John Dal Santo petitions for review of the final decision of the Merit Systems Protection Board (board), Docket No. DC07528610449-1 (April 15, 1988), sustaining his demotion by the United States Depar...

  • White v. State North Carolina
    870 F2d 656
    Winston Eugene White seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses that...

  • Taylor v. Israel J
    870 F2d 655
    Henry Taylor, Jr., appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion discloses that this appeal is without me...

  • United States v. J Gasperini
    870 F2d 656
    Arthur J. Gasperini appeals from a jury verdict finding him guilty of failing to file his 1982 and 1983 individual income tax returns in violation of 26 U.S.C.A. Sec. 7203 (West Supp.1988). We affirm...

  • United States v. Copeland
    870 F2d 656
    Vernon Copeland appeals from the district court's order refusing relief under 28 U.S.C. Sec. 2255. Our review of the record and the district court's opinion discloses that this appeal is without meri...

  • Mann v. Hendrian
    871 F2d 51
    An Illinois state court ordered Myron Mann to make payments for the support of his child. He failed to do so, was held in contempt, and was sentenced to sixty days in jail by Judge James Hendrian. M...

  • Rocks v. City Of Philadelphia W F
    868 F2d 644
    The appellants are five Philadelphia residents and taxpayers. They are not now, nor will they in the future be, involved in the construction business. They have appealed from a district court judgme...

  • United States v. Alvarez
    868 F2d 547
    John Jario Alvarez appeals from his conviction of two narcotics offenses, contending that there was insufficient evidence for a jury to find him guilty beyond a reasonable doubt, and that the sentence...

  • United States v. Slovacek
    867 F2d 842
    Steven Wayne Slovacek ("appellant") appeals from a judgment entered May 27, 1987 in the Southern District of Texas, Corpus Christi Division, Hayden W. Head, Jr., District Judge, upon a jury verdict co...

  • South Carolina Pipeline Corporation v. Federal Energy Regulatory Commission
    868 F2d 650
    We must decide whether the Federal Energy Regulatory Commission ("FERC" or "the Commission") properly dismissed a complaint filed by South Carolina Pipeline Corporation ("Carolina") that sought a redu...

  • Paprocki v. Foltz
    869 F2d 281
    This is an appeal from a district court judgment denying an application for a writ of habeas corpus. The petitioner, Terry D. Paprocki, killed his estranged wife during a struggle in their home. He ...

  • Pipeline Dehydrators Inc v. Southeast Pipeline Contractors Inc
    871 F2d 1096
    Southeast Pipeline Contractors, Inc. (Southeast), appeals from a judgment entered on a jury verdict in the United States District Court for the District of Wyoming, Ewing T. Kerr, Judge, holding U.S....

  • Ruhland v. Copperstone Center Medical Associates F L Md
    870 F2d 655
    William D. Cremins for appellant. Ronald D. Hodges (Phillip C. Stone, Roy W. Ferguson, Jr., Wharton, Aldhizer & Weaver on brief) for appellees. Before K.K. HALL, Circuit Judge, BUTZNER, Senior...

  • Sellers v. A Smith B Je
    870 F2d 655
    Jerry Sellers appeals the district court's order granting summary judgment to the defendants in his 42 U.S.C. Sec. 1983 action. Our review of the record and the district court's opinion discloses tha...

  • Hinton v. Harvey Ii N H R
    870 F2d 655
    Jerome H. Hinton appeals from the district court's order denying his motion for reconsideration of the denial of relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's o...

  • Deloach v. Eb Wright Brcc Deloach
    870 F2d 654
    Billy DeLoach appeals the district court's orders dismissing these 42 U.S.C. Sec. 1983 actions for failure to demonstrate administrative exhaustion. Acting pursuant to 42 U.S.C. Sec. 1997e, the distr...

  • Garner v. State Of North Carolina
    870 F2d 654
    Samuel D. Garner appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion accepting the recommendation of the magist...

  • Clayton v. E Johnson P
    870 F2d 654
    Floyd Stanley Clayton appeals the district court's denial of his motion to resume active consideration of his 42 U.S.C. Sec. 1983 action. We dismiss the appeal for lack of jurisdiction. Under 28 U....

  • Altman v. At and T Technologies Inc
    870 F2d 386
    Sheila Altman, Kathie Mosqueda and Alicia Ramirez, individually and on behalf of a class, appeal the district court's order entering summary judgment in favor of AT & T Technologies, Inc. in a sex...

  • Watson v. Gw Bradshaw Jw L Watson
    870 F2d 656
    David L. Watson appeals from the district court's orders dismissing his actions pursuant to 28 U.S.C. Sec. 2254 and 42 U.S.C. Sec. 1983 without prejudice for failing to exhaust state remedies. Our re...

  • Lowy v. Bay Terrace Cooperative Section Viii Inc
    869 F2d 173
    This is an appeal from a declaratory judgment entered in the United States District Court for the Eastern District of New York, Dearie, J. The district court granted partial summary judgment for pl...

  • Shamley v. Itt Corporation J L G
    869 F2d 167
    This case concerns two issues: whether a partial final judgment under Fed.R.Civ.P. 54(b) may be entered in order to permit a defendant to assert res judicata as a bar to a duplicative state court act...

  • Walters Burd v. G Walters
    868 F2d 665
    Charles L. Burd appeals from the district court's affirmance of the bankruptcy court's order requiring him to repay certain attorneys' fees to his client and its order finding him in civil contempt. ...

  • Eberhard Foods Inc v. Handy
    868 F2d 890
    The issue in this labor/management Sec. 301 case is whether the just cause provision of the collective bargaining agreement ("CBA") between Eberhard Foods, Inc. ("Eberhard") and Teamsters Local 406 (...

  • United States v. Quinn
    868 F2d 999
    Pursuant to Fed.R.Crim.P. 11(a)(2), Jerry Hal Saliterman and Mara Theresa Quinn appeal from a determination by the district court that certain evidence should not be suppressed. We affirm. The appe...

  • United States v. Neavill
    868 F2d 1000
    James Neavill was convicted of threatening to take the life of the President, a violation of 18 U.S.C. Sec. 871(a). He now appeals, arguing that the jury should have been instructed as to the conseq...

  • Federal Savings and Loan Insurance Corporation v. S Sahni
    868 F2d 1096
    This is an appeal under 28 U.S.C. Sec. 1292(a)(1) from a district court's denial of preliminary injunctive relief on behalf of FSLIC against the former president of a bank determined to be insolvent. ...

  • United States v. Kessi
    868 F2d 1097
    Kessi appeals his conviction for participating in a securities fraud scheme. Kessi, a commodities broker, executed trades in several commodities accounts in which the investment decisions were made b...

  • United States v. Aviles Alvarez
    868 F2d 1108
    Jose Luis Aviles-Alvarez appeals from his conviction after a jury trial for importing heroin and possessing heroin with intent to distribute in violation of 21 U.S.C. Secs. 841(a)(1), 952, 960 and 963...

  • Minucci v. Agrama Usa
    868 F2d 1113
    Ulpio Minucci ("Minucci") filed suit in the district court alleging a copyright infringement claim and several pendent state claims. The district court dismissed the pendent state claims without prej...

  • United States v. Cooper R
    868 F2d 1505
    Leslie Chernikov (argued), and Seymour Berger (argued), Detroit, Mich., and Don Ferris (argued), Ann Arbor, Mich., for defendants-appellants. Kathleen Moro Nesi, and Patricia G. Blake, Asst. U.S. At...

  • Ralph Rogers Company v. National Labor Relations Board
    870 F2d 379
    Ralph Rogers Company (the "Company") refused to bargain with a unit of its operators employed in a four-county area--including Orange, Brevard, Seminole and Volusia Counties--surrounding Orlando, Flor...

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