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  • Holcomb v. P Monahan Md
    30 F3d 116
    This case involves the Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. Sec. 1395dd, et seq. Plaintiff, administratrix of the estate of Barbara Jean Smith, alleges that Humana'...

  • Blackston
    30 F3d 117
    In April 1993, plaintiffs James Blackston and Bradley Barber filed a pro se complaint against defendants State of Alabama, Alabama Supreme Court Chief Justice Sonny Hornsby, State Circuit Judge Richar...

  • United States v. Stinson
    30 F3d 121
    This case comes to us on remand from the United States Supreme Court. The issue is whether Amendment 433--which excluded the felon-in-possession offense from the category of crime of violence for U.S...

  • Gregory v. Missouri Pacific Railroad Company
    32 F3d 160
    The principal issue in Allen C. Gregory's slip and fall action against his employer, Missouri Pacific Railroad Company (MOPAC), arising out of oil on the walkway of its locomotive, is the peremptory i...

  • United States v. Hayes
    32 F3d 171
    Appellant Patrick Carl Hayes ("Hayes") appeals that portion of his sentence requiring him to pay restitution. Having concluded that the district court erred in ordering restitution in this case, we w...

  • United States v. Morrell Md
    33 F3d 55
    On January 18, 1994, this court rendered a decision in this case on numerous issues, affirming the conviction and sentence for defendant Roger Morrell, M.D. We now grant in part Dr. Morrell's petitio...

  • United States v. Torres
    33 F3d 130
    On December 19, 1992, Zulma Jorge-Torres arrived in San Juan, Puerto Rico, on a flight from Barbados. Customs inspection revealed that her handbag contained a false bottom filled with heroin. This, ...

  • Tri State Machine Incorporated v. Nationwide Life Insurance Company
    33 F3d 309
    We are presented with the issue of whether the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. Sec. 1001, et seq., preempts state law claims of Tri-State Machine, Inc., for improp...

  • Gottesman v. Us Immigration and Naturalization Service
    33 F3d 383
    Petitioner in this case challenges both the denial of relief from a deportation order issued by the Board of Immigration Appeals ("BIA"), and a related rescission order issued by the district director...

  • Cray Communications Inc v. Novatel Computer Systems Inc
    33 F3d 390
    Appellee, Dowty Communications, Inc. ("Dowty"), now known as Cray Communications, Inc., brought a diversity action, sounding in contract, against appellant Novatel Computer Systems, Inc. ("Novatel")...

  • Tlt Babcock Incorporated v. Emerson Electric Co
    33 F3d 397
    TLT-Babcock, Inc. ("TLT") appeals from the judgment of the district court granting partial summary judgment in favor of defendant Emergency Maintenance & Repair Company ("EMARCO") and from variou...

  • Dominion Coal Corporation v. Honaker
    33 F3d 401
    When Tommy Honaker, a former coal miner, was denied black lung benefits under the Black Lung Benefits Act by a decision of the Administrative Law Judge ("ALJ"), he appealed that decision to the Benefi...

  • Crothers v. Commodity Futures Trading Commission
    33 F3d 405
    We review a Commodity Futures Trading Commission ("Commission") order imposing a $25,000 fine on William R. Crothers and revoking his registration as an "associated person." Crothers was an account e...

  • United States v. W Lanier
    33 F3d 639
    Defendant David W. Lanier appeals his jury convictions, and the sentences imposed thereon, of seven counts of the willful deprivation under color of law of the civil rights of various female individua...

  • United States v. Ml Combs
    33 F3d 667
    The defendants, James M.L. Combs and Jerry Hilary Snow, appeal their convictions under 18 U.S.C. Sec. 242 for, under color of law, depriving another individual of his federally protected rights. The ...

  • Thompson v. Boggs W Thompson
    33 F3d 847
    Robert Thompson filed this Sec. 1983 suit alleging a number of claims against the defendants arising from his July 29, 1989 arrest by Havana, Illinois, Police Officer Rodney Boggs. Thompson was arres...

  • Neal v. Honeywell Inc
    33 F3d 860
    In 1987 Judith Neal concluded that co-workers were falsifying ammunition test data at the Joliet Army Arsenal Plant, which Honeywell Inc. administered. She told Honeywell's legal counsel, who immedia...

  • Williams Iii v. W Lee W
    33 F3d 1010
    After Willie Williams, III, who currently is confined at the South Dakota State Penitentiary, violated his parole, the state of South Dakota, acting on the authority of legislation enacted after Willi...

  • United States v. Brown
    33 F3d 1014
    Takeshi Brown appeals his conviction and sentence for conspiracy to possess with the intent to distribute cocaine base, in violation of 21 U.S.C. Secs. 841(a)(1) and 846, and possession with the inten...

  • St Paul Fire Marine Insurance Company v. American Bank
    33 F3d 1159
    St. Paul Fire and Marine Insurance Co. (St. Paul) appeals the district court's judgment in favor of its insured, American Bank, (American) in a coverage dispute. Because there is no coverage under t...

  • United States v. Moreno Flores
    33 F3d 1164
    * OVERVIEW Sergio Moreno-Flores (Moreno-Flores) and Sergio Alberto Rodriguez-Molina (Rodriguez-Molina) appeal their jury convictions for conspiracy to possess cocaine with intent to distribute in vio...

  • Flood v. United States
    33 F3d 1174
    The United States appeals from the decision of the district court granting summary judgment in favor of James and Joan Flood in their claim for an income tax refund. The sole issue before us is wheth...

  • United States v. Dota
    33 F3d 1179
    Richard Dota appeals his conviction and sentence for conspiracy, murder for hire, and use of a firearm during a crime of violence. We affirm. Though disputed in some instances, testimony showing th...

  • United States v. Hughes
    33 F3d 1248
    Defendant-Appellant Carlton Lee Hughes ("Hughes") appeals from the district court's denial of his motion for a new trial under Fed.R.Crim.P. 33. Hughes alleges that the government suppressed evidence...

  • Wagner v. Case Corporation Ji Ji Ji
    33 F3d 1253
    Roger T. Castle, Denver, CO, for plaintiff-appellant Chad A. Wagner. Robert W. Klingler, Denver, CO, for plaintiff-appellant Colorado Compensation Ins. Authority. Colin C. Campbell of Wood, Ris &a...

  • Perreira v. Secretary Of Department Of Health and Human Services
    33 F3d 1375
    Carl J. Perreira and Christina J. Perreira (petitioners-appellants) appeal the decision of the Court of Federal Claims, 27 Fed.Cl. 29 (1992), partially denying attorney fees and costs in a vaccine cas...

  • Town Country Electric Inc v. National Labor Relations Board
    34 F3d 625
    The National Labor Relations Board found that Town & Country Electric, Inc. had violated sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act (the "Act"), 29 U.S.C. Secs. 158(a)(1) &am...

  • Slice v. Sons Of Norway
    34 F3d 630
    Robert E. Slice appeals from a final order entered in the United States District Court for the District of Minnesota dismissing his complaint against Sons of Norway (Norway). Slice v. Sons of Norway,...

  • Otey v. B Stenberg E X
    34 F3d 635
    Appellant Otey's core claim in this section 1983 action is that his right to both substantive and procedural due process was violated by the procedure utilized by the Nebraska Board of Pardons (Pardon...

  • Acequia Inc Acequia Inc v. B Clinton Acequia Inc
    34 F3d 800
    In this case, we consider issues arising from chapter 11 debtor Acequia, Inc.'s ten-year effort to recover certain prebankruptcy conveyances made to Vernon Clinton, founder and former controlling shar...

  • United States v. Flanagan
    34 F3d 949
    Thomas Alfred Flanagan appeals from his conviction on a multi-count indictment for conspiracy, mail fraud, wire fraud, and money laundering. Mr. Flanagan was convicted of one count of conspiracy in v...

  • United States v. 93 1442
    34 F3d 1204
    In this consolidated appeal of Anthony DiSalvo and Robert F. Simone, we examine the appellants' affiliation with the hierarchy of the Philadelphia La Cosa Nostra (LCN) to determine whether their prove...

  • Meinhold v. United States Department Of Defense
    34 F3d 1469
    These consolidated appeals present a number of questions arising out of the Navy's discharge of Petty Officer Volker Keith Meinhold on account of his statement on ABC World News Tonight, "Yes, I am in...

  • Saltarelli v. Bob Baker Group Medical Trust
    35 F3d 382
    Bob Baker Group Medical Trust appeals the district court's adverse finding of liability in a medical insurance dispute. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and affirm. Downtown/Fut...

  • Mullins v. Fast Motor Service Inc E
    35 F3d 566
    Plaintiff filed a personal injury action after her van collided with a tractor trailer owned by defendant Fast Motor Service and driven by defendant Samuel E. Clark. Pursuant to the parties' consent,...

  • Stradley v. Nichols
    35 F3d 566
    Randy Thomas Stradley appeals from orders granting summary judgment to the defendants in his Sec. 1983 suit and denying him leave to amend his complaint to add another defendant. The defendants are O...

  • United States v. Keating
    35 F3d 567
    Matthew Keating challenges his sentence and the voluntariness of his guilty plea. Edmund Flores challenges his sentence and the district court's resolution of disputed facts. We affirm. Defendants...

  • Woodford v. Warrensville Developmental Center
    35 F3d 567
    Before: JONES and BATCHELDER, Circuit Judges, and HOOD, District Judge. Smitty Woodford, an Ohio resident, appeals a district court judgment dismissing his civil rights complaint filed pursuant to ...

  • Charos Corporation v. United States
    35 F3d 570
    MEMORANDUM We need not decide what constitutes an EAJA "application" for purposes of 5 U.S.C. Sec. 504. The ALJ accepted and considered the 600 pages of exhibits as part of Charo's' application and ...

  • Fabricant v. Henry
    35 F3d 570
    Before: HUG, WIGGINS, and NOONAN, Circuit Judges MEMORANDUM Danny Fabricant ("Petitioner") appeals the district court's dismissal of his petition for writ of habeas corpus. Petitioner challenges t...

  • Berisha v. Immigration and Naturalization Service
    35 F3d 570
    Before: WIGGINS and THOMPSON, Circuit Judges, and EZRA, District Judge. MEMORANDUM This case involves the impact of changing circumstances on asylum applications. One of the happy developments of...

  • Ikeda v. Commissioner Internal Revenue Service
    35 F3d 571
    MEMORANDUM On February 22, 1991, the Commissioner of the Internal Revenue Service ("Commissioner") issued a notice of deficiency to Kimi Virginia Ikeda ("Ikeda"), based on her failure to report incom...

  • Hintz v. Shalala
    35 F3d 571
    MEMORANDUM James Hintz filed applications for disability insurance and supplemental security income ("SSI") benefits on May 24, 1989, alleging that he had become disabled on November 3, 1988 as a res...

  • Seals v. Office Of Thrift Supervision
    35 F3d 571
    Before: D.W. NELSON and NOONAN, Circuit Judges, and KING, District Judge. MEMORANDUM William A. Seals ("Seals") and Robert A. Guarrera ("Guarrera") (collectively, "petitioners"), former directors ...

  • Sovereign Partners Sovereign Partners v. M Lascu
    35 F3d 572
    ORDER The district court held that Sovereign Partners did not have a property interest in the disputed lease and that this case was moot because the Air Force terminated the lease. We have jurisdict...

  • United States v. Farias Torres
    35 F3d 572
    MEMORANDUM In these consolidated appeals, Heriberto Farias-Torres (Torres) appeals his conviction after a jury trial for conspiracy to distribute methamphetamine and heroin in violation of 21 U.S.C. ...

  • United States v. Cunningham
    35 F3d 572
    MEMORANDUM Kenneth Cunningham was convicted by a jury of conspiracy to propagate marijuana in violation of 21 U.S.C. Secs. 846 and 841(a)(1) and (b)(1)(A), manufacturing marijuana by propagation in v...

  • United States v. Entendencia P
    35 F3d 572
    MEMORANDUM Kalani Entendencia was prosecuted for bank fraud and pled guilty. See 18 U.S.C. Sec. 1344. He was duly sentenced for that crime. It happened that he committed that offense while he was ...

  • United States v. F Obrien
    35 F3d 573
    Before: LEAVY, KLEINFELD, Circuit Judges, and MARSH, District Judge. MEMORANDUM Anthony F. O'Brien appeals the sentence imposed on him under the Sentencing Guidelines for his failure to file feder...

  • United States v. Mosley
    35 F3d 573
    Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges; MERHIGE, District Judge. MEMORANDUM Maurice Mosley appeals his conviction of six counts of armed robbery of federally-insured banks in violati...

  • Dayton Securities Assocs v. Fdic
    35 F3d 576
    Appeal From: M.D.Fla. AFFIRMED. ...

  • Puerto Rico Aqueduct and Sewer Authority v. United States Environmental Protection Agency
    35 F3d 600
    The United States Environmental Protection Agency (EPA), respondent before us, refused to hold an evidentiary hearing regarding its determination that a facility in Mayaguez owned by petitioner, Puert...

  • United States v. Macchia L
    35 F3d 662
    Defendants-appellants John Barberio and Marat Balagula (collectively, the "defendants"), having previously been convicted for their roles in a five-month scheme to defraud the United States of federal...

  • Paoli Railroad Yard Pcb Litigation Brown v. Southeastern Pennsylvania Transportation Authority
    35 F3d 717
    The plaintiffs in this toxic tort case have lived for many years in the vicinity of the Paoli Railyard, a railcar maintenance facility at which polychlorinated biphenyls (PCBs) were used in profusion ...

  • Palmetto State Medical Center Incorporated v. Operation Rescue
    36 F3d 1093
    Operation Lifeline, Operation Rescue, and numerous individual defendants (collectively referred to as "Lifeline") appeal from a judgment entered by the district court in favor of Palmetto State Medica...

  • Mink v. Genmar Industries Inc
    29 F3d 1543
    In this case, we address whether maritime law applies to an action arising out of injuries sustained by a passenger of a pleasure craft. On November 28, 1986, appellant George Mink was injured while...

  • United States v. P Jones
    29 F3d 1549
    In Liberty Mut. Ins. Co. v. Rotches Pork Packers, Inc., 969 F.2d 1384, 1388-89 (2d Cir.1992) (citations omitted), the Second Circuit concluded that the district court erred in granting summary judgmen...

  • Mgb Homes Inc v. Ameron Homes Inc
    30 F3d 113
    MGB Homes, Inc. (MGB) and Ameron Homes, Inc. (Ameron) are competing home builders in the town of Sebastian, Florida. In 1986 MGB filed suit against Ameron, complaining that Ameron copied the floor ...

  • McClenny v. W Murray
    33 F3d 52
    William M. McClenny, Jr., seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. McClenny was tried and convicted of forgery, uttering, and larceny by f...

  • United States v. Aleman
    33 F3d 53
    Appellant Leonardo Aleman was charged, along with others, for conspiring to distribute marijuana and cocaine in one count of a seventeen-count indictment filed in the Middle District of North Carolina...

  • Beth Elkhorn Corporation v. Baker
    33 F3d 54
    Petitioner-Appellant Beth-Elkhorn Corporation ("Beth-Elkhorn") appeals the decision of the Benefits Review Board (the "Board") awarding black lung disability benefits to Respondent-Appellee Andrew Bak...

  • Meyer v. Ernst and Young
    33 F3d 55
    Plaintiff Harvey Meyer appeals an award of summary judgment to defendant Ernst & Young in this employment discrimination action. Plaintiff alleges actions taken by defendant violated the Age Disc...

  • Brooks v. Oleary
    33 F3d 56
    Billy Joe Brooks ("Brooks") is a prisoner of the state of Illinois. Brooks sued prison warden Michael O'Leary ("O'Leary"), among others, under 42 U.S.C. Sec. 1983 for cruel and unusual punishment in ...

  • Jaliwala v. Five Oceans Gem Corp
    33 F3d 56
    Almost three years ago this court dismissed an appeal from a judgment entered after trial before a magistrate judge. 945 F.2d 221 (1991). Two of the parties had not consented to the entry of final j...

  • Conte Conte v. Gautam
    33 F3d 303
    Debtor Dominick Conte, a New Jersey lawyer and the defendant in this case, appeals from a district court order affirming a bankruptcy court order that Conte's debt to plaintiffs Urmila and Narinder Ga...

  • Delta Chemical Corporation v. D West G
    33 F3d 380
    Appellees, the Secretary of the Army and an Army Contracting Officer, awarded a contract to a competitor of appellant Delta Chemical Corporation. After the General Accounting Office denied Delta's bi...

  • Cramblit v. Fikse
    33 F3d 633
    Plaintiff Sharon Cramblit challenges the district court's order denying her attorneys' fees under 42 U.S.C. Sec. 1988. She claims the district court abused its discretion in holding that a "reasonabl...

  • Sherrod v. General Motors Corporation
    33 F3d 636
    Plaintiffs Bobbie Sherrod and 117 other former General Motors ("GM") employees appeal the district court's order of summary judgment for defendant, GM, on their ERISA claims. We affirm the order of t...

  • Downey v. Commissioner Of Internal Revenue
    33 F3d 836
    Burns P. Downey along with his wife Marjorie filed a joint petition in the Tax Court challenging the Commissioner's assertion that they owed additional tax for 1985. The Tax Court found for the Downe...

  • United States v. Brown
    33 F3d 1002
    John Russell Brown appeals from a final judgment entered in the District Court for the Eastern District of Missouri upon a jury verdict finding him guilty of armed bank robbery in violation of 18 U.S....

  • Broken Bow Ranch Inc Broken Bow Ranch Inc v. Farmers Home Administration
    33 F3d 1005
    Broken Bow Ranch, Inc., a South Dakota farming corporation (Broken Bow or Debtor), appeals the district court's affirmance of a bankruptcy court order denying Debtor a discharge in bankruptcy unless i...

  • United States v. Harper
    33 F3d 1143
    Trina Devay Harper and Aziz Sharrieff appeal their convictions for conspiracy in violation of 18 U.S.C. Sec. 371, attempted bank robbery in violation of 18 U.S.C. Sec. 2113(a), and carrying a firearm ...

  • Reich Us v. American Driver Service Inc I
    33 F3d 1153
    The Secretary of Labor appeals the district court's decision to include within the Secretary of Transportation's jurisdiction, the drivers, fuelers and utility workers of American Driver Services, Inc...

  • Walter v. Morton
    33 F3d 1240
    This is an appeal from a denial of the Defendants' motion for summary judgment based on qualified immunity in a 42 U.S.C. Sec. 1983 action. We affirm. The following facts are undisputed. Mark Gord...

  • United States v. Salcido
    33 F3d 1244
    This is an appeal from a jury conviction of conspiracy to launder money in violation of 18 U.S.C. Sec. 1956(a)(1)(B)(i). This is a companion case to that of Kevin Dimeck, a co-defendant tried with Sa...

  • United States v. Sowa Ii
    34 F3d 447
    On September 8, 1988, Stanley Sowa and Jeffrey Scalfaro brutally bludgeoned Alexis Dodds and Larayon Thomas with baseball bats. The two were tried for attempted murder and aggravated assault in Illin...

  • Nicolet Instrument Corporation v. Lindquist and Vennum
    34 F3d 453
    Nicolet Instrument Corporation brought a diversity suit for legal malpractice against its former counsel, Lindquist & Vennum. The district judge granted summary judgment for the law firm on the g...

  • United States v. F Schuler
    34 F3d 457
    John F. Schuler, Jr. pleaded guilty to an information charging him with three counts of armed bank robbery in violation of 18 U.S.C. Sec. 2113(a) & (d) and one count of the use of a firearm during...

  • Wycoff v. Hedgepeth
    34 F3d 614
    When prison investigators found alarming materials in inmate Steven Wycoff's personal effects, including directions for making bombs, Deputy Warden Paul Hedgepeth authorized the investigators to seize...

  • Doe v. Attorney General Of United States
    34 F3d 781
    The executor of Dr. Doe's estate (Doe) appeals from the district court's judgment, after a nonjury trial, denying Doe's claim for damages under section 504 of the Rehabilitation Act of 1973, 29 U.S.C....

  • Oatman v. Department Of Treasury Internal Revenue Service
    34 F3d 787
    Emily Oatman challenged the Department of Treasury's refusal to return her share of a joint tax refund, which it withheld to satisfy her husband's past-due child support. She filed her action individ...

  • Schmitz v. Commissioner Of Internal Revenue
    34 F3d 790
    The Commissioner appeals a tax court summary judgment granted in favor of taxpayers John and Mary Schmitz. The Commissioner argues that damages the Schmitzes received in settlement of an Age Discrimi...

  • United States v. Pimentel
    34 F3d 799
    Lali Sorrentino Pimentel appeals the 23-month sentence imposed after her convictions, following a jury trial, for one count of conspiracy and eight counts of subscribing and presenting false statement...

  • Lesser Lsr v. Espy
    34 F3d 1301
    Congress enacted the Animal Welfare Act, 7 U.S.C. Secs. 2131-2159, to expand the regulation of animals used in scientific research. 7 U.S.C. Sec. 2131(1). The Act authorizes the Secretary of Agricul...

  • Ucc v. P Detroit Edison Company
    35 F3d 236
    Plaintiffs, Detroit Edison Company and its insurer Protection Mutual Insurance Company (collectively "Detroit Edison"), appeal the district court's decision granting summary judgment to Defendants, Dr...

  • Young Young v. Young
    35 F3d 499
    Jack Young appeals from the district court's affirmance of the bankruptcy court's determination that payments made to his ex-wife Debra Young pursuant to a divorce decree were in the nature of alimony...

  • Fine v. Petty
    35 F3d 570
    Before: TANG and HALL, Circuit Judges, and SHUBB, District Judge This case is hereby resubmitted for decision as of August 11, 1994. Defendants appeal the district court's denial of their motions ...

  • Goya v. United States Navy
    35 F3d 570
    MEMORANDUM Grace Sueko Goya appeals pro se the district court's dismissal of her complaint with prejudice. We have jurisdiction under 28 U.S.C. Sec. 1291. We review for abuse of discretion, Denton...

  • Grant v. Wong Grant
    35 F3d 570
    MEMORANDUM In this consolidated action, William P. Grant, appeals pro se, the district court's dismissal of his two complaints prior to service of process. We have jurisdiction pursuant to 28 U.S.C....

  • Church Of Scientology International v. Fishman
    35 F3d 570
    MEMORANDUM The Church of Scientology International appeals the district court's denial of its motion to seal or return certain documents in the district court's case file. We have jurisdiction pursu...

  • Brinkley v. Honeywell Inc
    35 F3d 570
    MEMORANDUM Samuel Brinkley ("Brinkley") appeals from the order granting summary judgment in favor of Honeywell, Inc. ("Honeywell"). Brinkley contends that the employee handbook issued by Honeywell ...

  • Grantham v. Er Myers
    35 F3d 570
    MEMORANDUM Tommy Jay Grantham, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction and sentence for bu...

  • Meeks v. Prn Inc
    35 F3d 571
    Before: TANG, FERGUSON, and WIGGINS, Circuit Judges MEMORANDUM Appellant I. Preston Meeks ("Appellant") appeals the summary judgment entered against him in his suit against PRN Franchise Systems, I...

  • Schwemberger v. Regents Of University Of California
    35 F3d 571
    MEMORANDUM Michael Schwemberger appeals pro se the district court's summary judgment for the Regents of the University of California (Regents) and named individuals in his discrimination action alleg...

  • Krause v. E Watson
    35 F3d 571
    MEMORANDUM Kenneth Lee Krause, a Nevada state prisoner, appeals pro se the district court's order granting summary judgment for prison officials in his 42 U.S.C. Sec. 1983 action. Krause alleged tha...

  • Ontiveros v. D Marshall
    35 F3d 571
    MEMORANDUM Edward G. Ontiveros, a California state prisoner, appeals pro se the district court's summary judgment in favor of prison officials in Ontiveros's 42 U.S.C. Sec. 1983 action alleging that ...

  • United States v. Cockrum
    35 F3d 572
    MEMORANDUM Geno Morris Cockrum, a federal prisoner, appeals the district court's partial grant of his 28 U.S.C. Sec. 2255 motion to correct his 97-month sentence. Cockrum pled guilty to drug and fir...

  • United States v. Cooper
    35 F3d 572
    Cooper argues that the misrepresentation was not material because "[p]retrial services already had the information regarding the alias and it did not in any way hinder or impede the investigation." ...

  • United States v. Jessie
    35 F3d 572
    MEMORANDUM Cynthia Ann Jessie appeals the 60-month mandatory minimum sentence required by 21 U.S.C. Sec. 841(b)(1)(B)(iii) for her distribution of 5 grams or more of cocaine base. Jessie argues that...

  • United States v. Bascue
    35 F3d 572
    MEMORANDUM In these consolidated appeals, Robbie Len Bascue and Ronald Bascue (the Bascues) appeal the district court's denial of their motion to dismiss a second superceding indictment charging them...

  • United States v. Brown
    35 F3d 572
    MEMORANDUM Freddie Lee Brown and Antoine Lemorre Phillips appeal their convictions for robbing a Postal Service letter carrier. 18 U.S.C. Sec. 2114. We affirm. * The district court did not unduly...

  • United States v. Bustos Salgado
    35 F3d 572
    MEMORANDUM This case involves the consolidated appeals of Eleazar Bustos-Salgado, Vidal Chavez, Fidencio Chavez, and Augustin Zuniga. Salgado pled guilty to using or carrying a firearm during a drug...

  • United States v. Jones
    35 F3d 572
    MEMORANDUM Scott Wayne Jones appeals the sentence given him after he pleaded guilty to three counts of bank robbery (counts no. 5, 6, and 7 of his indictment) committed in 1992, while Jones was on su...

  • United States v. Romero Camilo
    35 F3d 573
    MEMORANDUM Martin Romero-Camilo appeals his conviction, following a jury trial, for assaulting a federal officer with a dangerous weapon in violation of 18 U.S.C. Sec. 222(a), (b), using a firearm du...

  • United States v. Yang
    35 F3d 573
    MEMORANDUM Kuk Mo Yang appeals his conviction following a conditional guilty plea to possession of goods stolen from foreign commerce in violation of 18 U.S.C. Sec. 659. Yang contends the district c...

  • United States v. Scolari
    35 F3d 573
    MEMORANDUM Giovanni Fontes Scolari appeals his 151-month sentence imposed following a guilty plea to possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1). Scolari co...

  • United States v. Phelps
    35 F3d 573
    Before: FLETCHER, HALL and WIGGINS, Circuit Judges MEMORANDUM Coy Ray Phelps appeals the district court's determination that he should not be released from the care and treatment of the Attorney Ge...

  • McGhee v. Brown
    36 F3d 1114
    The Secretary of Veterans Affairs moves to waive the requirements of Fed.Cir.R. 27(e) and to dismiss McGhee's appeal for lack of jurisdiction. McGhee opposes. On August 25, 1993, the Court of Veter...

  • Ferguson v. Plumbers and Pipefitters Local Union
    36 F3d 1089
    Pro se plaintiff William Ferguson appeals a district court judgment that dismissed his civil rights complaint as frivolous under 28 U.S.C. Sec. 1915(d). We have thoroughly reviewed the record and Fer...

  • Wildberger v. Small Business Administration
    36 F3d 1114
    The Clerk of the Merit Systems Protection Board sent a letter to this court (1) informing the court that Robert W. Wildberger, Jr.'s case had been remanded to the administrative judge (AJ) for further...

  • In Re Sonoco Products Co
    36 F3d 1114
    Sonoco Products Co. petitions for a writ of mandamus to direct the United States District Court for the Central District of California to (1) vacate its order granting summary judgment of invalidity o...

  • Magnesystems Inc v. Nikken Inc
    36 F3d 1114
    (1) Magnesystems Inc.'s motion to dismiss appeal no. 94-1401, (2) Nikken, Inc. and Nu-Magnetics Inc. 's (Nikken) opposition, (3) Nikken's motion for an order declaring that the United States Distri...

  • United States v. Medina
    37 F3d 1507
    MEMORANDUM Jesus Palafox Medina appeals his 135-month sentence imposed following a guilty plea to conspiracy and possession with intent to distribute cocaine in violation of 21 U.S.C. Secs. 841(a)(1)...

  • Manges Manges v. Seattle First National Bank Duval County Ranch C Manges C
    29 F3d 1034
    Appellants, the debtors in a consolidated bankruptcy proceeding, appeal from the district court's order affirming the bankruptcy court's confirmation of the principal creditor's proposed plan of reorg...

  • Arthur Rutenberg Homes Inc v. Drew Homes Inc J
    29 F3d 1529
    This case presents an issue of copyright law. Appellant Arthur Rutenberg Homes, Inc. ("Rutenberg"), filed a complaint against Drew Homes, Inc. ("Drew Homes"), and its president and sole shareholder...

  • Baptiste v. Commissioner Of Internal Revenue
    29 F3d 1533
    This case presents three challenges by the appellant, Richard M. Baptiste ("Baptiste"), to the tax court's grant of summary judgment to the government. Initially, Baptiste argues that his status as a...

  • United States v. Parker
    32 F3d 395
    Timothy Paul Parker and William August Parker appeal from final judgments entered in the District Court for the Southern District of Iowa finding them guilty, upon jury verdicts, of conspiracy to dist...

  • Tobe Products Of America Inc v. Shapiro
    32 F3d 561
    Following a two-day bench trial, the district court entered judgment in the amount of $55,944.76, plus interest and costs, in favor of plaintiff- appellee Tobe Products of America, Inc., ("Tobe") on i...

  • United States v. Romero
    32 F3d 641
    In this case, defendants-appellants Freddy Romero, Gabriel Curvelo, Armando Tejedor, and Oranie Galindo Forbes appeal their convictions for possessing, while aboard a vessel subject to the jurisdictio...

  • Williams v. A Godinez W
    33 F3d 56
    Before POSNER, Chief Judge, ROVNER, Circuit Judge, GILBERT, Chief District Judge. Claxton Williams appeals the district court's denial of his petition for a writ of habeas corpus. 28 U.S.C. Sec. 22...

  • United States v. L Cody
    33 F3d 56
    Cody was convicted of a violation of 18 U.S.C. Sec. 922(g)(1), being a felon in possession of a firearm. The firearm was seized from his truck upon the execution of a search warrant later found by th...

  • Columbia Gas Systems Inc Us Trustee v. Columbia Gas Systems Inc E
    33 F3d 294
    Before us on this appeal is a statutory interpretation issue of first impression for an appellate court--whether the investment rules set forth in 11 U.S.C. Sec. 345(b) for bankruptcy estates are mand...

  • Grand Jury Proceedings Thursday Special Grand Jury September Term United States v. Under Seal
    33 F3d 342
    On June 21, 1993, the United States District Court for the District of Maryland granted the government's motion to compel the production of various documents to the grand jury investigating the billin...

  • Brewster Of Lynchburg Incorporated v. Dial Corporation
    33 F3d 355
    In this case, we must decide whether Dial Corporation (Dial) breached its contract to purchase plastic bottles (the Contract) from Brewster of Lynchburg, Inc. (Brewster). In its complaint, Brewster ...

  • Pinder v. Johnson Pfc
    33 F3d 368
    Officer Donald Johnson ("Officer Johnson") appeals the decision of the district court denying his motion for summary judgment, 821 F.Supp. 376. We find no merit in Officer Johnson's assignments of er...

  • Kosnoski v. R Howley
    33 F3d 376
    This is the second appeal to this court arising from a diversity action in the United States District Court for the Southern District of West Virginia. Jurisdiction in the district court was proper b...

  • Wood v. R Tompkins
    33 F3d 600
    Plaintiffs-Appellees Randy and Diane Wood initiated this action on behalf of themselves, their minor son Evan, and all parents and children in the State of Ohio who have applied for admission to, or a...

  • Perkovic v. Immigration and Naturalization Service
    33 F3d 615
    This matter comes before us on a petition for review of an order in which the Board of Immigration Appeals reversed an immigration judge's grant of asylum. The Board held that the petitioners were no...

  • Horton v. Commissioner Of Internal Revenue
    33 F3d 625
    Appellant Commissioner of Internal Revenue ("the Commissioner") appeals from a Tax Court decision in favor of Appellees Ernest and Mary C. Horton ("the Hortons" or "the Taxpayers") which held that the...

  • United States v. Chairez
    33 F3d 823
    Antonio Chairez was convicted for violating 18 U.S.C. Sec. 924(c), after a loaded gun was discovered under the passenger seat of a car in which Chairez had been sitting. Pursuant to a bench trial the...

  • United States v. Sanchez Galvez
    33 F3d 829
    Jose Sanchez-Galvez ("Sanchez") and Lozaro Rosario were each tried and convicted for conspiracy to possess cocaine with the intent to distribute and for attempted possession of two kilograms of cocain...

  • Mississippi Transport Inc v. National Labor Relations Board
    33 F3d 972
    Mississippi Transport, Inc. (MTI) petitions for review of a decision of the National Labor Relations Board (Board) finding that MTI violated Secs. 8(a)(1) and 8(a)(3) of the National Labor Relations ...

  • Missouri Mining Inc
    33 F3d 980
    Missouri Mining, Inc., BXB Corporation, Missouri & Iowa Railway Company, the City of Kirksville Department of Economic Development, and James R. Lenzini ("petitioners") filed a joint petition for ...

  • Littlewind v. Rayl
    33 F3d 985
    On April 5, 1988, Eugene Littlewind and three other inmates at the North Dakota State Penitentiary assaulted a prison guard. Littlewind was thereafter restrained naked for approximately seven hours i...

  • Income Propertiesequity Trust v. Wal Mart Stores Inc
    33 F3d 987
    Income Properties/Equity Trust ("IPET") seeks damages from Wal-Mart Stores, Inc. ("Wal-Mart"), for breach of an agreement to vacate a shopping center lease and for tortious interference with IPET's n...

  • Caulfield v. Commissioner Of Internal Revenue
    33 F3d 991
    Using the bank-deposits-plus-cash-expenditures method to reconstruct taxable income, the Commissioner of Internal Revenue determined that Joseph Caulfield, a public insurance adjuster, underpaid his 1...

  • Karas v. American Family Insurance Company Inc Karas
    33 F3d 995
    In this diversity case, we conclude that the record does not support recovery of damages for mental anguish in claims based on an insurance agent's misrepresentations of the amount of coverage in the ...

  • Quintero v. United States
    33 F3d 1133
    This opinion is being published to alert trial judges, particularly in drug cases, to determine whether or not third parties are paying the fees of retained counsel when the defendant is indigent and,...

  • United States v. Jones
    33 F3d 1137
    After a bench trial, the presiding magistrate judge found that the defendants in this case were liable under Internal Revenue Code ("IRC") Sec. 6672 as responsible persons who willfully failed to coll...

  • United World Trade Inc v. Mangyshlakneft Oil Production Association
    33 F3d 1232
    Phillip D. Barber (Terry Jo Epstein with him on the brief), of Dufford & Brown, P.C., Denver, CO, for plaintiff-appellant. Gordon G. Greiner (Davis O. O'Connor and Steven A. Bain with him on the...

  • United States v. Zarnes W L L R G J
    33 F3d 1454
    This is a consolidated direct appeal by seven defendants convicted of drug conspiracy and firearms offenses. They raise numerous challenges to their convictions and sentences. For the reasons stated...

  • McCarter v. Gunn
    34 F3d 1072
    Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges, and MERHIGE, Senior District Judge. Petitioner-appellant Andrew Lewis McCarter, a state prisoner, appeals the district court's dismissal of his ...

  • Doe v. American National Red Cross Sc
    34 F3d 231
    In April, 1984 Doe underwent surgery at the Baptist Medical Center in Columbia, South Carolina. During surgery Doe received transfusions of blood or blood products provided by American National Red C...

  • Smart v. Board Of Trustees Of University Of Illinois
    34 F3d 432
    The plaintiff has appealed from the denial of his motion for a preliminary injunction that would if granted have prevented the University of Illinois from funding a suit for defamation that has been b...

  • United States v. R Prewitt V
    34 F3d 436
    Christina McKee, Asst. U.S. Atty. (argued), Indianapolis, IN, for the U.S. Lesa L. Johnson, Indianapolis, IN (argued), for Jack R. Prewitt. Kevin McShane (argued), McShane & Gordon, Indianapo...

  • Resolution Trust Corporation v. Ehrenhaus
    34 F3d 441
    The Resolution Trust Corporation, as successor to a bankrupt savings and loan association, Home Federal Savings Association of Kansas City, brought this suit to recover some $7 million from Francine E...

  • Castillo v. United States
    34 F3d 443
    The defendant was convicted of extortion, and we affirmed his conviction, in the process rejecting, though with misgivings, the contention that he had not made an effective waiver of his right to be r...

  • Willman v. Heartland Hospital East
    34 F3d 605
    Charles R. Willman, M.D. appeals from the district court's grant of summary judgment in favor of the defendants, Heartland Hospital East, Heartland Hospital West, and various physicians in an antitrus...

  • Exxon Shipping Co
    34 F3d 774
    Exxon Corp. and Exxon Shipping Co. ("Exxon") appeal the dismissal of their complaint against five federal administrative agencies and their employees seeking to compel discovery. Exxon made the disc...

  • Manuel Sesario Depineda v. Calvin Hemphill Den Police Dept
    34 F3d 946
    On July 11, 1994, this court entered an order denying plaintiff's petition for rehearing, 25 F.3d 1056. Upon our own motion, we amend that order as follows. Upon consideration of plaintiff's petit...

  • Carson v. Hennessey
    34 F3d 1071
    MEMORANDUM Arthur W. Carson, a Texas state prisoner, appeals pro se the district court's summary judgment for defendants in Carson's 42 U.S.C. Sec. 1983 action alleging that he was transferred to adm...

  • Nmi Lane v. Universal City Studios Inc
    34 F3d 1072
    MEMORANDUM Nora Lane appeals pro se the district court's summary judgment for Universal City Studios ("Universal") in Lane's action seeking damages for copyright infringement. Lane contends Universa...

  • Marcham v. Herman
    34 F3d 1072
    MEMORANDUM Arizona state prisoner Mark Tanner Marcham appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. The district court determined that ...

  • Hamilton v. Bj Bunnell
    34 F3d 1072
    MEMORANDUM California state prisoner Donald Russell Hamilton appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. The district court dismissed...

  • Johnson v. Marshall
    34 F3d 1072
    MEMORANDUM Charles Marshall and Daniel Lungren, Attorney General of the State of California, appeal the district court's decision to grant California state prisoner Dewitt Johnson's petition for a wr...

  • Griffin v. Sargent Controls Inc
    34 F3d 1072
    MEMORANDUM Leroy Griffin appeals pro se the district court's summary judgment for defendants in Griffin's employment discrimination action filed pursuant to Title VII of the Civil Rights Act of 1964 ...

  • Joe v. Payco General American Credits Inc
    34 F3d 1072
    MEMORANDUM Payco-General American Credits, Inc., ("Payco-General") appeals the district court's award of attorney's fees and costs to Darryl J. Joe pursuant to 15 U.S.C. Sec. 1692k(a)(3) and Haw.Rev....

  • First American Title Insurance Company v. D Naegele
    34 F3d 1072
    MEMORANDUM Timothy D. Naegele appeals pro se the district court's summary judgment for defendant First American Title Insurance Company ("FATIC") in FATIC's diversity action seeking damages for breac...

  • Ostrowski v. Creative Artists Agency Inc
    34 F3d 1073
    MEMORANDUM Michael Ostrowski appeals pro se the district court's summary judgment in favor of Carolco Pictures Inc., and other defendants (collectively "Carolco") in his action under the Federal Copy...

  • Perrin v. First Interstate
    34 F3d 1073
    MEMORANDUM Heulon L. Perrin, Jr., appeals pro se the district court's dismissal under Fed.R.Civ.P. 41(b) of his action against defendants under the Equal Credit Opportunity Act, 15 U.S.C. Sec. 1691. ...

  • Stock Stock v. Harbicht Research Inc Employees Profit Sharing Plan
    34 F3d 1073
    MEMORANDUM Debtor Edward C. Stock and creditor David P. Sweeney, appeal pro se the decision of the Bankruptcy Appellate Panel ("BAP") affirming the bankruptcy judge's order dismissing Stock's bankrup...

  • Sierra Club Legal Defense Fund v. D Bibles
    34 F3d 1073
    MEMORANDUM We review the district court decision, insofar as it interprets the fee statute, de novo. McCllellan Ecological Seepage Situation v. Carlucci, 835 F.2d 1282, 1284 (9th Cir.1987). Althou...

  • Sengoku Works Ltd v. Rmc International Ltd
    34 F3d 1073
    MEMORANDUM RMC International, Ltd., appeals from a preliminary injunction prohibiting it from selling certain kerosene heaters and kerosene heater packaging pursuant to section 43 of the Lanham Act, ...

  • Ac Oleary v. California Highway Patrol J S F
    34 F3d 1073
    MEMORANDUM A.C. O'Leary appeals pro se the district court's judgment for the defendants in his 42 U.S.C. Sec. 1983 action alleging his due process rights were violated by the process afforded him aft...

  • Steeno v. T Hunter
    34 F3d 1073
    MEMORANDUM Rosemary Steeno appeals pro se the district court's Fed.R.Civ.P. 12(b)(6) dismissal of Steeno's diversity action seeking damages for injuries she suffered in an auto accident. The distric...

  • Stimac v. Barr
    34 F3d 1073
    MEMORANDUM Philip L. Stimac appeals pro se the district court's denial of his post-judgment motion for lack of jurisdiction. Stimac also appeals the district court's denial of his motion for reconsi...

  • Peak v. Ducharme
    34 F3d 1073
    MEMORANDUM Washington state prisoner Brian Peak appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. In his habeas petition, Peak alleged th...

  • Morgan v. Immigration and Naturalization Service
    34 F3d 1073
    MEMORANDUM Edward Farid Morgan appeals a decision of the Board of Immigration Appeals ("BIA"), denying his requests for asylum and withholding of deportation. He challenges the BIA's findings that h...

  • Rossell v. Thomas
    34 F3d 1073
    MEMORANDUM Arizona state prisoner Jose L. Admiral Rossell appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as frivolous under 28 U.S.C. Sec. 1915(d). We have jurisdict...

  • Morales v. A Thomas
    34 F3d 1073
    MEMORANDUM Arizona state prisoner David Orona Morales appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. The district court determined that ...

  • Peterson v. Riveland
    34 F3d 1073
    MEMORANDUM Leroy Allen Peterson, a Washington state prisoner, appeals pro se, the district court's denial of his appeal from the decision of the magistrate judge as untimely. The magistrate judge de...

  • United States v. Abshire
    34 F3d 1074
    Before: REINHARDT and NOONAN, Circuit Judges, and TANNER, District Judge. MEMORANDUM In 1979, Robert Alton Harris was convicted of the brutal murders of two young boys. During that trial, Joseph ...

  • United States v. Mora Mora
    34 F3d 1074
    Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges, and MERHIGE, Senior District Judge. Joel Mora-Mora, a former federal prisoner, appeals pro se the district court's order denying his 28 U.S.C. S...

  • United States v. Cox
    34 F3d 1074
    Before: WALLACE, Chief Judge, REINHARDT, Circuit Judge, and TANNER, District Judge. MEMORANDUM Cox appeals the imposition of a 275-month sentence following his guilty plea to possession with inten...

  • Wilson v. Workers Compensation Appeals Board State Of California
    34 F3d 1075
    MEMORANDUM Wilma Wilson appeals pro se the district court's denial of her motion to reconsider the district court's dismissal of her action for lack of subject matter jurisdiction. We have jurisdict...

  • United States v. Witzel
    34 F3d 1075
    Before: WALLACE, Chief Judge, REINHARDT, Circuit Judge, and TANNER, District Judge. MEMORANDUM Randy Lee Witzel was convicted of possession of stolen mail matter in violation of 18 U.S.C. Sec. 170...

  • Synbiotics Corporation v. Regents Of University Of California Synbiotics Corporation
    34 F3d 1080
    Twice Synbiotics Corporation has filed an action seeking declaratory relief with respect to U.S. Patent No. 5,118,602 ('602 patent), which is owned by the Regents of the University of California (UC),...

  • Barber v. Whirlpool Corporation
    34 F3d 1268
    Whirlpool Corporation accused Frankie Barber, its employee, of stealing some painting equipment from the Columbia, South Carolina plant at which he worked. On the basis of two unsigned statements of ...

  • McCarthy v. Foltz
    35 F3d 566
    Plaintiff James McCarthy appeals from the district court's judgment for the defendants, arguing that the court erred in (1) granting judgment as a matter of law against him on his negligence claim; (...

  • Reed v. Maritrans Operating Partners Limited Partnership
    35 F3d 556
    Pete Reed (Reed) brought this action against his employer, Maritrans Operating Partners Limited Partnership (Maritrans), alleging negligence and unseaworthiness on the part of Maritrans under the Jone...

  • Toney v. E Shalala
    35 F3d 557
    William Toney appeals from the magistrate judge's order granting the motion for summary judgment by the Secretary of Health and Human Services, thereby affirming the Secretary's denial of Toney's appl...

  • United States v. Granger
    35 F3d 557
    Kenneth Donnell Granger appeals his conviction on one count of being a convicted felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). Granger challenges as error the district co...

  • Housman v. Meijer Inc F
    35 F3d 565
    Plaintiff Ida Housman appeals the District Court's grant of summary judgment in favor of defendants--a retail store, two law enforcement officers, and a county--in this tort and civil rights action. ...

  • Baxter v. Reed
    35 F3d 565
    The plaintiff, Alfred Martin Baxter, Jr., brought this civil rights action pursuant to 42 U.S.C. Sec. 1983, alleging that the defendant, John Reed, a Louisville, Kentucky, police officer, violated the...

  • Migdaleck v. United States
    35 F3d 566
    Claiming that the district court improperly defined "reasonable doubt" in its instructions to the jury with respect to accomplice testimony, Anders Migdaleck filed a motion to vacate sentence under 28...

  • Prudential Lmi v. United States Fidelity Guaranty Company
    35 F3d 566
    Plaintiff, Prudential-LMI, brought an action seeking contribution from defendant, United States Fidelity and Guaranty Company (USF & G), for the pro rata portion of fire loss payments made by Prud...

  • Jones v. Secretary Of Health and Human Services
    35 F3d 566
    Plaintiff Ronald G. Jones appeals the district court's grant of summary judgment to the Secretary denying his claim for social security disability benefits. We affirm, as the Secretary's decision is ...

  • Morrison v. Goodowens
    35 F3d 566
    Plaintiff Phillip D. Morrison appeals the District Court's grant of summary judgment in favor of defendants Fowler Goodowens and Margaret Jones in this diversity action for malicious prosecution. Pla...

  • United States v. Bryan
    35 F3d 567
    Defendants-appellants appeal their convictions and sentences arising out of a cocaine conspiracy lasting from October 1991 to September 1992, raising various trial and sentencing errors. With the exc...

  • Skelly Corporation Figgie Acceptance Corporation v. Abatement Systems Inc
    35 F3d 574
    Before ANDERSON and KELLY, Circuit Judges, and LUNGSTRUM, District Judge. ORDER AND JUDGMENT LUNGSTRUM, District Judge. After examining the briefs and appellate record, this panel has determined ...

  • United States v. G Cooper
    35 F3d 1248
    Lee Lawless, St. Louis, MO, argued, for appellant. Suzanne Modlin, St. Louis, MO, argued (Stephen B. Higgins and Joseph M. Landolt, St. Louis, MO, on the brief), for appellee. Before WOLLMAN and L...

  • Federal Deposit Insurance Corporation v. Hillcrest Associates F J A H F F C E
    36 F3d 1
    This appeal from the United States District Court for the District of Connecticut (Ellen B. Burns, Judge ), came on to be heard on the transcript of record from said district court, and was argued by ...

  • Northeast Data Systems Inc v. Microdata Corporation
    36 F3d 1089
    Plaintiff-appellant Northeast Data Systems appeals the district court's denial of its motion for sanctions against defendant-appellee McDonnell Douglas Computer Systems Company. We affirm. Plaintif...

  • Field v. W Mans
    36 F3d 1089
    Having reviewed carefully the briefs and the record in this case, we affirm the judgment of the district court, affirming the decision of the bankruptcy court denying appellants' request to have the d...

  • Aldrich v. Knab
    36 F3d 1102
    Before: KOZINSKI and FERNANDEZ, Circuit Judges, and REAL,** MEMORANDUM*** "The Eleventh Amendment's jurisdictional bar covers suits naming state agencies and departments as defendants ... whether t...

  • James v. Louisiana Laborers Health and Welfare Fund
    29 F3d 1029
    This case arose as an action under section 502(a)(1)(B) of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. Sec. 1132(a)(1)(B) to recover benefits allegedly due under the terms of an E...

  • Redner v. S Dean A
    29 F3d 1495
    In this habeas corpus appeal, we must decide the constitutionality of a Citrus County, Florida licensing ordinance (the "Ordinance") regulating adult entertainment establishments. The district court ...

  • Spivey v. Elliott
    29 F3d 1522
    After Tremain Spivey was sexually assaulted by a fellow classmate at the residential school which he attended, this case was filed against two officials of the school. Spivey appeals the district cou...

  • Boyd v. B Biggers
    31 F3d 279
    Mississippi State Penitentiary inmate John L. Boyd appeals the district court's dismissal with prejudice of his pro se and in forma pauperis Sec. 1983 complaint. We affirm as to two defendants based ...

  • Reich v. Montana Sulphur and Chemical Company
    32 F3d 440
    In this appeal from a subpoena enforcement order, we revisit the boundaries limiting an administrative agency's ability to conduct preliminary investigations. * Montana Sulphur & Chemical Compan...

  • Hunsucker v. Flat Gap Mining Company
    32 F3d 562
    Charles Hunsucker seeks review of the Benefits Review Board's (Board) decision and order affirming the administrative law judge's (ALJ) denial of black lung benefits pursuant to 30 U.S.C.A. Secs. 901-...

  • United States v. M Williams
    32 F3d 570
    Defendant Myrtle M. Williams appeals her conviction on five counts of mail fraud, 18 U.S.C. Sec. 1341, challenging the sufficiency of the evidence, the credibility of witnesses, and allegedly erroneou...

  • Ei Du Pont De Nemours and Company v. Federal Deposit Insurance Corporation
    32 F3d 592
    E.I. du Pont de Nemours and Co. sued the Federal Deposit Insurance Corporation, in its capacity as receiver of the United National Bank, for the bank's breach of its responsibilities under an escrow a...

  • United States v. E Brawner
    32 F3d 602
    Tyrone Brawner challenges his conviction on a single count of possession with intent to distribute cocaine. Based upon United States v. Copelin, 996 F.2d 379 (D.C.Cir.1993), he argues that it was pla...

  • Federal Deposit Insurance Corporation v. Bay Street Development Corp
    32 F3d 636
    The Federal Deposit Insurance Corporation (FDIC), as receiver, obtained summary judgment against defendants-appellants in an action to recover amounts due a failed savings bank on various loans and lo...

  • In Re Edward S Lowry
    32 F3d 1579
    Edward S. Lowry appeals the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences' rejection of all claims in Patent Application Serial No. 07/181,105. On July 30, 1993, the Boar...

  • Glem Company v. McKinney
    33 F3d 340
    The Glem Company ("Glem") appeals from a decision of the Benefits Review Board affirming the Administrative Law Judge's award of black lung benefits to Louie McKinney, a former employee of Glem. Both...

  • National Cable Television Association Inc v. Federal Communications Commission
    33 F3d 66
    Various cable industry associations and local franchising authorities petition for review of the Federal Communications Commission's determination that neither a telephone company providing "video dia...

  • United States v. Echevarria
    33 F3d 175
    Defendant-appellant Salvador Echevarria appeals from a judgment of conviction entered October 19, 1993 in the United States District Court for the Southern District of New York, Leonard B. Sand, Judge...

  • Armstrong v. Sears
    33 F3d 182
    Plaintiff-appellant Thomas Armstrong appeals pro se and in forma pauperis from a judgment entered September 9, 1993 in the United States District Court for the Northern District of New York, Con G. Ch...

  • Resolution Trust Corporation Sa v. Forest Grove Inc
    33 F3d 284
    Appellants, Forest Grove, Inc. ("Forest Grove"), Ronald Isenhart ("Mr. Isenhart"), and Delores A. Isenhart ("Mrs. Isenhart") (collectively the "Isenharts"), appeal an order of the United States Distr...

  • Kurinsky v. United States L D D L L M R J
    33 F3d 594
    In this Federal Tort Claims Act ("FTCA" or "Act") case, Andrew C. Kurinsky, Jr.; his wife, Donna A. Kurinsky; and Katherine A. Kurinsky, a minor, appeal the dismissal of their action against the Un...

  • Church v. General Motors Corp
    33 F3d 805
    Seeking recovery for personal injuries, Eddie and Cherri Church filed suit in Illinois against General Motors Corporation ("GM") under both the Illinois Structural Work Act ("Work Act"), 740 ILCS 150 ...

  • Diak v. Dwyer Costello and Knox Pc D E
    33 F3d 809
    Mark Diak, an accountant, was hired by the accounting firm Dwyer, Costello & Knox, P.C. (DCK) in late 1973. After retiring in 1985, he discovered that DCK had paid pension benefits to some retir...

  • Cuddington v. Northern Indiana Public Service Company
    33 F3d 813
    David Cuddington filed this lawsuit against Northern Indiana Public Service Company ("NIPSCO") seeking recovery of pension benefits under the Employee Retirement Income Security Act of 1974 ("ERISA")....

  • Tcby Systems Inc v. Rsp Company Inc
    33 F3d 925
    This diversity case is about a failed frozen yogurt store and the meltdown of the franchise relationship between the franchisor, TCBY Systems, Inc., and the franchisee, RSP Company, Inc. After RSP pr...

  • Jc Henry v. Tri Services Inc Wal Mart Stores Inc
    33 F3d 931
    Tri-Services, Inc. (Tri-Services) appeals a magistrate judge's order denying its motion to set aside default judgment. We hold that the magistrate judge lacked authority to enter final judgment beca...

  • Parkus v. K Delo
    33 F3d 933
    Steven Parkus, a mentally disturbed man raised in state institutions since age four, killed Mark Steffenhagen by strangulation while both were incarcerated in a Missouri prison. A jury convicted Park...

  • Trinity Industries Inc v. Reich Us
    33 F3d 942
    Trinity Industries, Inc. (Trinity) appeals the district court's dismissal of Trinity's action against officials of the United States Department of Labor and the Department's Office of Federal Contrac...

  • Brown v. C Nix
    33 F3d 951
    Crispus C. Nix, John Henry, John Emmet, Paul Hedgepath, Charles Harper, Paul Grossheim, and Hal Farrier ("prison officials") appeal the district court's denial of their motion for summary judgment on ...

  • Hershberger v. Scaletta A R
    33 F3d 955
    Jeffrey Hershberger and several other indigent inmates brought this 42 U.S.C. Sec. 1983 action against the named officials, seeking injunctive relief from the Iowa Men's Reformatory (the reformatory) ...

  • Shaw v. Norris
    33 F3d 958
    Robert Shaw appeals from a final judgment entered in the United States District Court for the Eastern District of Arkansas denying his petition for a writ of habeas corpus. See 28 U.S.C. Sec. 2254 (1...

  • Champion v. E Shalala M
    33 F3d 963
    Teral Champion, seeking relief for herself and others similarly situated, brought this class-action suit against the Secretary of the United States Department of Health and Human Services (HHS) and th...

  • Kreines v. United States
    33 F3d 1105
    Lorna Kreines appeals from an order denying her post-judgment motion for attorney's fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. Sec. 2412(d) (1988). The district court ru...

  • Gc Micro Corporation v. Defense Logistics Agency
    33 F3d 1109
    Appellant GC Micro Corporation brought an action under the Freedom of Information Act ("FOIA"), 5 U.S.C. Sec. 552(a)(4)(B), challenging appellee Defense Logistics Agency's ("the DLA") denial of access...

  • Hopkins v. Dow Corning Corporation
    33 F3d 1116
    In this diversity action, Mariann Hopkins sued Dow Corning Corporation to recover for injuries suffered as a result of two sets of breast implants manufactured by Dow, which she received in breast rec...

  • United States v. Hanoum
    33 F3d 1128
    Appellant John Hanoum was convicted after a jury trial of conspiring to manufacture and distribute methamphetamine, manufacturing and aiding and abetting the manufacture of methamphetamine, possession...

  • Vango Media Inc v. City Of New York
    34 F3d 68
    On this appeal we must decide whether federal law preempts a New York City ordinance. The ordinance was enacted for the laudable purpose of calling the public's attention, through the medium of adver...

  • Clemmons v. Sowders
    34 F3d 352
    Petitioner pro se, Kenneth Clemmons, filed a 28 U.S.C. Sec. 2254 petition for writ of habeas corpus on November 9, 1992. The district court, adopting the magistrate's findings of fact and conclusions...

  • Griffin El v. K Delo
    34 F3d 602
    Milton V. Griffin-El appeals from a final judgment entered in the United States District Court for the Eastern District of Missouri dismissing his 42 U.S.C. Sec. 1983 (1988) action against defendants ...

  • Bennett v. Deeds
    34 F3d 1071
    MEMORANDUM Daniel Bennett, a Nevada state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction for second degree murder. ...

  • Anderson v. Lewis and Clark County
    34 F3d 1071
    Before: KOZINSKI and FERNANDEZ, Circuit Judges, and REAL, District Judge. MEMORANDUM Roger Anderson appeals the district court's entry of summary judgment in favor of Lewis and Clark County, Monta...

  • Brenkman v. Lewis
    34 F3d 1071
    MEMORANDUM Perry Scott Brenkman appeals the denial of his petition for a writ of habeas corpus. He argues that the district court erred in concluding that the consecutive sentences imposed upon his ...

  • Dahood v. Racicot J
    34 F3d 1071
    MEMORANDUM Nancy Dahood appeals the district court's summary judgment in favor of defendants, eight unnamed officers of the Montana Department of Justice, in her 42 U.S.C. Sec. 1983 civil rights acti...

  • Alviar v. City Of Spokane
    34 F3d 1071
    MEMORANDUM After Rosita Alviar and John Graves ("Appellants") were laid off from their city civil service jobs, they initiated this action in federal district court against the City of Spokane and se...

  • Locken v. Pierce County
    34 F3d 1072
    MEMORANDUM Richard L. Locken, a federal prisoner, appeals pro se the district court's order granting the defendants' motion for summary judgment in his 42 U.S.C. Sec. 1983 action. We review de novo,...

  • Kuhlman Huertas v. Seattle Housing Authority
    34 F3d 1072
    Before: KOZINSKI and FERNANDEZ, Circuit Judges, and REAL, District Judge. MEMORANDUM Calvin Kuhlman and Ernest Huertas appeal the district court's entry of summary judgment in favor of the Seattle...

  • Martin v. Jd Swinson Ce G
    34 F3d 1072
    MEMORANDUM Tommy Martin, Jr. appeals pro se the district court's dismissal pursuant to Fed.R.Civ.P. 41(b) for failure to comply with the court's order to amend his complaint. We review a Rule 41(b) ...

  • Fisher v. United States
    34 F3d 1072
    MEMORANDUM Robert Lee Fisher appeals the dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2255. He argues that the sentence imposed for his conviction of three counts...

  • Pelozzie v. Burlington Northern Railroad Company
    34 F3d 1073
    MEMORANDUM William A. Pelozzie appeals the district court's grant of summary judgment for defendant Burlington Northern Railroad Company ("Burlington") in a personal injury action brought under the F...

  • Rl Rogers v. United States
    34 F3d 1073
    MEMORANDUM R.L. Rogers, a federal prisoner, appeals pro se the denial of his 28 U.S.C. Sec. 2255 motion to vacate his 210-month sentence imposed following his conviction for being a felon in possessi...

  • United States v. Lopez
    34 F3d 1074
    MEMORANDUM Cuca Lopez appeals her conviction and sentence imposed following her guilty plea to possession of heroin with intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1). Lopez contends...

  • United States v. Middleton
    34 F3d 1074
    MEMORANDUM Raymond Edward Middleton appeals his sentence under the Sentencing Guidelines imposed following his conviction for unarmed bank robbery, in violation of 18 U.S.C. Sec. 2113(a). He contend...

  • United States v. Meneses Mendoza
    34 F3d 1074
    MEMORANDUM Gilberto Meneses-Mendoza appeals his conviction following the entry of a conditional guilty plea to possession with intent to distribute marijuana in violation of 21 U.S.C. Sec. 841(a)(1)....

  • United States v. Moton
    34 F3d 1074
    Before: REINHARDT and NOONAN, Circuit Judges, TANNER, District Judge. MEMORANDUM Munawar Mohammad Moton appeals his conviction following a bench trial of violation of 18 U.S.C. Sec. 1956(a)(1)(A)(...

  • United States v. B Cruz
    34 F3d 1074
    MEMORANDUM Joseph B. Cruz appeals his sentence under the Sentencing Guidelines imposed following his conviction for conspiracy to commit extortion under color of official right, in violation of 18 U....

  • United States v. Garcia
    34 F3d 1074
    MEMORANDUM Henry Garcia, Jr., a federal prisoner, appeals the denial of his 28 U.S.C. Sec. 2255 motion challenging his conviction on speedy trial grounds. Pursuant to Anders v. California, 386 U.S....

  • United States v. Pearson
    34 F3d 1074
    MEMORANDUM Daryl Pearson appeals the 64-month sentence imposed following his entry of a guilty plea to manufacturing marijuana in violation of 21 U.S.C. Sec. 841(a)(1). Pearson contends that the dis...

  • United States v. Perez Ramirez
    34 F3d 1075
    MEMORANDUM Javier Perez-Ramirez appeals the district court's order finding that no excusable neglect existed for his untimely notice of appeal. We review the district court's decision concerning exc...

  • Van Dyke v. East Shoshone Hospital District F
    34 F3d 1075
    Before: KOZINSKI and FERNANDEZ, Circuit Judges, and REAL, District Judge. MEMORANDUM John L. Van Dyke appeals the entry of summary judgment denying his due process and state law claims against Eas...

  • Wright v. S Gunn
    34 F3d 1075
    MEMORANDUM Stanley Wright, a California prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. Following a jury trial, Wright was convicted of first degree ...

  • United States v. Rawlings
    34 F3d 1075
    MEMORANDUM Robert Rawlings, Jr., appeals the denial of his pretrial motion to dismiss on double jeopardy grounds his indictment for thirteen counts of wire fraud in violation of 18 U.S.C. Sec. 1343. ...

  • United States v. Siaw
    34 F3d 1075
    MEMORANDUM Thomas Yah Siaw appeals his conviction after a jury trial for two counts of transportation of illegal aliens, in violation of 8 U.S.C. Sec. 1324(a)(1)(B). Siaw contends the evidence is in...

  • Woo Ming v. C Thrasher
    34 F3d 1075
    MEMORANDUM Plaintiff Geoffrey E. Woo-Ming filed a complaint, alleging a violation of his civil rights under 42 U.S.C. Secs. 1981, 1983 and 1985. Woo-Ming appeals the district court's grant of defend...

  • Voth v. F Maass
    34 F3d 1075
    MEMORANDUM Frank Voth, an Oregon state prisoner, appeals pro se the district court's denial of his second 28 U.S.C. Sec. 2254 petition for habeas corpus as an abuse of the writ. Voth challenges his ...

  • United States v. Presumido Gomez
    34 F3d 1075
    MEMORANDUM Miguel Angel Presumido-Gomez appeals the district court's order that he pay $115,000 in restitution to the United States Department of Agriculture pursuant to his guilty plea to three coun...

  • United States v. V Smith
    34 F3d 1075
    MEMORANDUM Kent V. Smith appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to one count of bank fraud, in violation of 18 U.S.C. Sec. 1344. Smith contends that t...

  • United States v. G Sprague
    34 F3d 1075
    MEMORANDUM Michael G. Sprague, Sr. appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion alleging that he was entitled to credit toward his sentence for the time he was release...

  • United States v. G Quichocho
    34 F3d 1075
    MEMORANDUM Joseph G. Quichocho appeals his sentence under the Sentencing Guidelines imposed following his conviction for extortion under color of official right, in violation of 18 U.S.C. Sec. 1951. ...

  • Burt v. Board Of Education Of City Of Grand Rapids
    35 F3d 565
    This is a civil rights case in which the plaintiff, a school official who claims that he was constructively discharged, appeals from a summary judgment in favor of the defendants. Concluding, upon de...

  • Silver Cloud Inc v. Quikut Division Of Scott Fetzer Company
    35 F3d 566
    The defendant, Quikut Division of Scott Fetzer Co., appeals the district court's denial of its motion for judgment as a matter of law, pursuant to Fed.R.Civ.P. 50(b), in this action alleging that the ...

  • United States v. R Baker
    35 F3d 566
    Samuel Rex Baker appeals a judgment of conviction entered on a plea of guilty to one count of conspiracy to obstruct commerce by violence in violation of 18 U.S.C. Sec. 1951, one count of possession o...

  • Jones v. Baker
    35 F3d 566
    This is an appeal from a judgment granting habeas corpus relief under 28 U.S.C. Sec. 2254. The district court issued the writ on the ground that the petitioner's prosecution and conviction on a charg...

  • Registry Hotel Corp v. Shelter Seagate Corp C Shelter Seagate Corp
    35 F3d 566
    The appellant seeks review of an interlocutory order denying summary judgment in an interpleader action. The district court's order is not appealable, and we shall dismiss the appeal for want of juri...

  • North Michigan Land Oil Corporation
    35 F3d 566
    The district court had federal question jurisdiction to entertain this action but dismissed it relying on the Burford abstention doctrine. On appeal, the issue is whether the district court erred by ...

  • Hamilton Cranwill v. Hamilton
    35 F3d 567
    Judy Cranwill, the former wife of Mickey Wayne Hamilton, the debtor in a Chapter 11 bankruptcy proceeding, appeals from an order of the district court denying the relief she sought as a creditor. We...

  • United States v. Watkins J
    35 F3d 567
    Vincent Watkins and Bobby Joe Wills appeal their convictions for conspiracy to distribute cocaine. Wills raises questions related to venue, sufficiency of the evidence, and jury instructions. Watkin...

  • United States v. Lewis
    35 F3d 567
    Donald Ray Lewis, Jr., appeals the judgment of sentence imposed following his plea of guilty to possession of firearms by a felon in violation of 18 U.S.C. Secs. 922(g) and 924(a)(2). The parties hav...

  • Singleton v. United States
    36 F3d 1098
    Leonard Donald Singleton, a pro se federal prisoner, appeals a district court order denying his motion to vacate his sentence filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a pa...

  • Hartley v. Stamford Towers Limited Partnership Sullivan M
    36 F3d 1102
    MEMORANDUM Appellant Linda Greenblatt appeals the orders of two District Courts granting the motions of Appellee Shearson Lehman Brothers, Inc. The District Courts' orders enforce the judgments and ...

  • King v. H Rothschild
    36 F3d 1114
    (2) The case is remanded to the Board for issuance of a decision in conformance with its rules. ...

  • Comer v. G Cisneros Us A D L
    37 F3d 775
    The plaintiffs, low-income minority individuals, brought this class action on behalf of all former, current, and future minority residents of Buffalo, New York public housing projects and applicants f...

  • Ballard v. Defense Logistics Agency
    38 F3d 1223
    Under 5 U.S.C. Sec. 7703, a losing petitioner in a personnel case has 30 days from receipt of the notice of the final decision, including a decision by an arbitrator, in which to file a notice of appe...

  • 14196b Barker v. E Shalala
    40 F3d 789
    This is an appeal from a district court decision affirming a denial of social security disability benefits and supplemental security income. Asserting that the ruling was not supported by substantial...

  • Mangieri v. W Clifton W
    29 F3d 1012
    Dallas Police Officers Walter M. Clifton and Gordon Hager appeal the district court's denial of their motion for summary judgment on the grounds of qualified immunity. The district court found that a...

  • Cullens v. Georgia Department Of Transportation
    29 F3d 1489
    This is an attorney's fee appeal in an employment discrimination case. Plaintiffs prevailed on some of their individual claims and were awarded fees for work on those claims, but they were denied cla...

  • 14209b Scott v. Shalala
    30 F3d 33
    Classie Scott appeals the district court's decision affirming the Secretary's denial of her application for disability benefits under 42 U.S.C. Sec. 423. We reverse and remand. BACKGROUND Scott, bor...

  • United States v. Nichols
    30 F3d 35
    Appellant, William Nichols, appeals the district court's denial of his motions to correct his sentence under 28 U.S.C. Sec. 2255 and for appointment of counsel under 18 U.S.C. Sec. 3006A(a)(2)(B). We...

  • Camp v. G Ruffin
    30 F3d 37
    Plaintiff appeals summary dismissal of his claims for fraud, misrepresentation, and breach of contract. We affirm. Plaintiff Robert Camp sued his employer, Harper Trucks, and its president, Philip ...

  • Hollingsworth v. W Burton
    30 F3d 109
    In this habeas corpus proceeding, we are faced with a challenge to the state's exercise of peremptory jury strikes in a criminal case. The challenge is brought under Batson v. Kentucky, 476 U.S. 79, ...

  • United States v. J Townsend
    31 F3d 262
    Defendant was convicted under I.R.C. Sec. 7201 for evasion of excise tax. The district court found a tax deficiency, affirmative acts constituting tax evasion, and that defendant acted willfully. Fo...

  • United States v. Mitchell
    31 F3d 271
    Tyron Mitchell, Byron McCutcheon, Raymond Harbert, Corey Harbert, and Derrick Briscoe (collectively "Appellants") were convicted of a conspiracy to possess crack cocaine with intent to distribute. Ap...

  • Ensley Branch Naacp
    31 F3d 1548
    The panel hereby grants rehearing, withdraws the previous panel opinion dated May 4, 1994, and published at 20 F. 3d 1489, and substitutes the following opinion: This litigation began more than twent...

  • Green v. Lr Snider
    33 F3d 58
    MEMORANDUM Roy Allen Green, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. We have jurisdiction under 28 U.S.C. Sec. 2253....

  • Clark v. Kley
    33 F3d 58
    MEMORANDUM Plaintiff Ronald Paul Clark appeals from the jury verdict in his 42 U.S.C. Sec. 1983 suit against prison officials. We affirm. On October 13, 1985, Clark was incarcerated in the Whatcom...

  • Clifton v. Estelle
    33 F3d 58
    Clifton was convicted in 1976, after a jury trial. His conviction became final in 1978. In 1980, after pursuing state postconviction remedies on a number of claims, he filed a first federal habeas p...

  • Redondo Lemus v. United States
    33 F3d 59
    MEMORANDUM Jose Luis Redondo-Lemus, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate his sentence. Redondo-Lemus contends the sentencing cou...

  • United States v. Roane
    33 F3d 60
    MEMORANDUM James Garfield Roane appeals his 95-month sentence imposed following a bench trial for armed bank robbery in violation of 18 U.S.C. Sec. 2113(a) & (d). Roane contends the district cou...

  • United States v. Banh
    33 F3d 60
    MEMORANDUM James Banh appeals his 60-month sentence imposed following entry of a guilty plea to two counts of possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1). ...

  • United States v. Barragan Arellano
    33 F3d 60
    MEMORANDUM Antonio Barragan-Arellano appeals the district court's dismissal of his petition for relief under 28 U.S.C. Sec. 2255. Barragan-Arellano was sentenced to 20 years' imprisonment in Novembe...

  • United States v. Sanchez Valencia
    33 F3d 60
    MEMORANDUM Manuel Sanchez-Valencia appeals pro se the district court's dismissal of his petition for relief under 28 U.S.C. Sec. 2255. Sanchez-Valencia pleaded guilty in 1989 to selling 150 grams of...

  • United States v. Torres
    33 F3d 60
    MEMORANDUM Napoleon Torres appeals his 120-month sentence imposed following entry of a guilty plea to possession with intent to distribute more than 100 grams of crystal methamphetamine in violation ...

  • United States v. Dann
    33 F3d 60
    MEMORANDUM Clifford Dann appeals his conviction, which followed a jury trial, for assaulting or resisting a United States officer with the use of a deadly weapon in violation of 18 U.S.C. Secs. 111, ...

  • United States v. Boeckman
    33 F3d 60
    MEMORANDUM Robert Brian Boeckman appeals pro se the district court's denial without an evidentiary hearing of his petition for relief under 28 U.S.C. Sec. 2255. Boeckman was sentenced to 13 years in...

  • United States v. Thomas
    33 F3d 60
    MEMORANDUM Michael David Thomas appeals the 63-month sentence imposed following his entry of guilty pleas to two counts of armed bank robbery in violation of 18 U.S.C. Sec. 2113(a), (d). Thomas cont...

  • United States v. Duran
    33 F3d 60
    MEMORANDUM Arthur Lee Duran appeals his sentence of twenty-one months imposed after he pleaded guilty to two counts of aiding and abetting the sale of stolen motor vehicles in violation of 18 U.S.C. ...

  • Zessman v. S Sessions K
    33 F3d 61
    MEMORANDUM Eric William Zessman appeals pro se the dismissal of his civil rights action. Zessman argues that his complaint states a cause of action under 42 U.S.C. Sec. 1983 because the maintenance ...

  • United States v. Jeffery
    33 F3d 63
    The type of conduct to which this enhancement applies includes "committing, suborning, or attempting to suborn perjury." U.S.S.G. Sec. 3C1.1, comment, n. 3(b). At sentencing in this case, the tria...

  • United States v. J Reese
    33 F3d 166
    For a number of years beginning in the mid-1970s, defendant and his partner owned mortgage originating and real estate companies. When the partners encountered financial difficulties their business h...

  • Salem Blue Collar Workers Association v. City Of Salem
    33 F3d 265
    Plaintiffs appeal a final order of the district court granting summary judgment to defendants in a civil rights action attacking the constitutionality of a city ordinance requiring employees of the ci...

  • Renner v. Lanard Toys Limited
    33 F3d 277
    Appellants David J. Renner and his wife, Darcy L. Renner, appeal from the district court's order dismissing for lack of personal jurisdiction their products liability case against the defendant, Lanar...

  • Spear v. Sowders
    33 F3d 576
    Plaintiff-Appellant Tina Spear filed this 42 U.S.C. Sec. 1983 action for damages alleging that the defendants-appellees, Kentucky prison officials, violated her constitutional rights by subjecting her...

  • Brooks v. Center Park Associates
    33 F3d 585
    Fair Housing Contact Service, a tenant representative organization, appeals an award of attorney's fees to landlord Center Park Associates in this action under the Fair Housing Act, 42 U.S.C. Sec. 360...

  • Brewery Inc v. United States
    33 F3d 589
    Plaintiff Brewery, Inc. (dba "Bogey Inn") brought this action to recover a refund of penalties assessed by the Internal Revenue Service (IRS) for failure to timely pay employee withholding and social...

  • United States v. Wesson
    33 F3d 788
    In February 1992, the government issued a twenty-seven-count indictment against twenty-two members of a large-scale heroin distribution ring. Three who went to trial were convicted and now appeal. T...

  • Sexson v. R Servaas H
    33 F3d 799
    The Indianapolis City Council proposed and passed a redistricting plan based on data from the 1990 census, in time for the May 1991 primary elections. A group of concerned citizens filed a lawsuit in...

  • United States v. E Prescott
    33 F3d 922
    Ronnie Prescott and Larry Bosley appeal from their convictions on amphetamine charges, 21 U.S.C. Sec. 841(a)(1) (1988), arguing that there was not sufficient evidence to convict. Prescott was convict...

  • Federal Trade Commission v. Pantron I Corporation
    33 F3d 1088
    These consolidated appeals require us to decide a previously unresolved question of federal consumer protection law: Whether it is lawful for a seller to represent a product as "effective" when its e...

  • United States v. Townsend
    33 F3d 1230
    The government appeals from the district court's sua sponte reduction of David Townsend's sentence for his conviction for being a felon in possession of a firearm, 18 U.S.C. Sec. 922(g), twenty-one da...

  • Wheel v. Robinson
    34 F3d 60
    Petitioner-appellant Jane Wheel appeals from an order entered April 1, 1993 in the United States District Court for the District of Vermont, Fred I. Parker, Chief Judge, that denied Wheel's petition f...

  • Lewellen v. Metropolitan Government Of Nashville and Davidson County Tennessee
    34 F3d 345
    This is a civil rights case brought by a workman who was accidentally injured on a school construction project. Contending that the accident was a result of intentional or grossly negligent acts and ...

  • United States v. Jones
    34 F3d 596
    A jury in the United States District Court for the Eastern District of Missouri convicted the appellant Tillman of carjacking (the armed taking of a motor vehicle), in violation of 18 U.S.C. Secs. 211...

  • Barker v. Ratelle
    34 F3d 1071
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, District Judge. MEMORANDUM Robert Barker appeals pro se the district court's denial of his pro se petition for a writ of habeas corpu...

  • Interpool Limited v. Ec Yang Sa Interpool Limited
    34 F3d 1072
    MEMORANDUM This matter comes to us for the second time. On this occasion, it returns from our order of remand in our opinion of December 4, 1989. After a thorough examination of the complete record...

  • Tong v. First Interstate Services Company
    34 F3d 1073
    MEMORANDUM Shong-Ching Tong appeals pro se the district court's dismissal on summary judgment for First Interstate Services Company and two individuals (collectively "First Interstate") in his employ...

  • United States v. Cook
    34 F3d 1074
    MEMORANDUM Gregory Cook appeals his conviction for robbery of controlled substances, being a felon in possession of a firearm, carrying a firearm in the course of committing the robbery, and being an...

  • United States v. Ej Conner
    34 F3d 1074
    E.J. Conner and Albert Lee Span appeal from their jury convictions on two counts of drug trafficking, arguing that there was insufficient evidence to support the convictions (Conner), that one of the ...

  • United States v. S Aburahmah
    34 F3d 1074
    MEMORANDUM Sami Fayez S. Aburahmah challenges his conviction under 18 U.S.C. Sec. 1201 for kidnapping. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291, and we affirm. * Aburahmah first argues...

  • United States v. Rosenbluth
    34 F3d 1075
    Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges, and MERHIGE, District Judge. MEMORANDUM Paul Jay Rosenbluth (Rosenbluth) appeals the district court's denial of his motion to dismiss for prein...

  • Cruz v. Local Union Number Of International Brotherhood Of Electrical Workers
    34 F3d 1148
    In March, 1990, Robert Abbey, Inc. ("Abbey"), a lamp manufacturer with plants located in Brooklyn, New York, and North Carolina, determined to close its Brooklyn plant, which was unionized, and move ...

  • Chugach Alaska Corporation v. United States
    34 F3d 1462
    The Internal Revenue Service ("IRS") appeals the district court's decision on an appeal from a bankruptcy court decision involving the Chapter 11 proceedings of Chugach Alaska Corporation ("Chugach")....

  • Regional Bank Of Colorado Na v. St Paul Fire and Marine Insurance Company
    35 F3d 494
    Scott J. Mikulecky of Dufford & Brown, Denver, CO (Russell L. George of Stuver & George, Rifle, CO, with him on the brief), for plaintiff-appellee. John R. Mann (Frank R. Kennedy on the brie...

  • Farr v. Pinkerton
    35 F3d 565
    Walter R. Farr, proceeding pro se, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court pu...

  • Henry v. Pogats
    35 F3d 565
    James Henry, a pro se prisoner currently incarcerated at the Oaks Correctional Facility in Eastlake, Michigan, appeals the summary judgment in favor of the defendants in this civil rights action filed...

  • Gibson v. Public Advocacy Department
    35 F3d 565
    This pro se Kentucky state prisoner appeals a district court judgment dismissing his complaint filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court pursuant to Ru...

  • Meyers v. United States
    35 F3d 566
    Norman Meyers appeals a district court order denying his motion to vacate sentence filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pursuant to Rule 9(a), Rul...

  • Jackson v. E Lecureux
    35 F3d 566
    Cedric Lamont Jackson, pro se, appeals a district court order denying his motion for relief from judgment which he filed pursuant to Fed.R.Civ.P. 60(b)(4). This motion was filed after the district co...

  • United States v. Pollard
    35 F3d 567
    On April 14, 1992, defendant-appellant Deborah Ann Pollard ("Pollard") was indicted for passing a forged Treasury check in violation of 18 U.S.C. Sec. 510(a)(2). Pollard pled not guilty at her arraig...

  • Xie v. Edwards
    35 F3d 567
    Hanwen Xie, pro se, appeals a district court order denying his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254. The case has been referred to a panel of the court pursuant to Rule 9(a)...

  • United States v. Chambers
    35 F3d 567
    Larry Marlowe Chambers appeals pro se from the district court's denial of a motion to remit a fine. His appeal has been referred to a panel of this court pursuant to Rule 9(a), Rules of the Sixth Cir...

  • United States v. D Curry
    35 F3d 567
    Defendant Franklin D. Curry appeals from the judgment and commitment order sentencing him to a term of imprisonment of sixteen months, to run consecutively to an unexpired state court term of imprison...

  • Lm Walker v. City Of Lakewood
    35 F3d 567
    This is an appeal from a summary judgment for the defendants in a prisoner civil rights action filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court pursuant to Rule 9(a...

  • Watkis v. West M A Da N Da Dod Dod H
    36 F3d 127
    This appeal was considered on the record 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 presented ...

  • Houston v. Saint Johns Mercy Skilled Nursing Center
    37 F3d 1503
    Vivian Houston appeals from the district court's order dismissing her complaint filed under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq. We affirm. Houston filed a compla...

  • United States v. Bermea
    30 F3d 1539
    This case presents a myriad of issues common to appeals of drug conspiracy convictions. Two less common issues are difficult. One such issue concerns the failure of the district court to conduct ind...

  • Halkias v. General Dynamics Corporation Cureington
    31 F3d 224
    These appeals present an issue of first impression in our circuit: the limitations period for an action under the Worker Adjustment and Retraining Notification Act (WARN), 29 U.S.C. Secs. 2101-2109. ...

  • United States v. Heacock B
    31 F3d 249
    Alvin Wayne Heacock, Jr. appeals his criminal convictions for various illegal gambling related offenses. He argues eleven points of error, but most have little merit. We therefore focus our attentio...

  • United States v. Palmer
    31 F3d 259
    The United States appeals Gary Palmer's sentence following his plea of guilty to one count of conspiracy to commit bank fraud in violation of 18 U.S.C. Sec. 371. Because the district court erred in c...

  • United States v. K Nichols
    32 F3d 570
    Evelyn K. Nichols appeals from a default judgment and order of foreclosure entered against her and three other defendants, including her late husband, Harold A. Nichols, in this suit brought by the go...

  • Tennessee v. Acres
    32 F3d 632
    Defendants Judith Moreau and Walter and Clara Lawrence ("the landowners") appeal the district court's thirty percent reduction of an award of attorneys' fees based upon a failure of the landowners' co...

  • United States v. Sanchez
    32 F3d 1330
    The principal issue is whether the United States District Court for the District of Nebraska correctly denied the appellants' motion to suppress cocaine and other evidence seized from a tractor-traile...

  • McGowan v. Te Russell
    33 F3d 52
    Appellant appeals from the district court's order denying Appellant's Fed.R.Civ.P. 60(b) motion for relief from the district court's order dismissing Appellant's 42 U.S.C. Sec. 1983 (1988) action for ...

  • Jimenez v. Warden
    33 F3d 51
    Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion discloses that this appeal is...

  • Crouch v. W Murray
    33 F3d 51
    Joseph E. Crouch appeals the district court's orders denying relief on his 28 U.S.C. Sec. 2254 (1988) petition and his motion for reconsideration. Our review of the record and the district court's op...

  • Board Of Trustees Village Of Bolingbrook Police Pension Fund v. Corporation
    33 F3d 56
    Before CUMMINGS and RIPPLE, Circuit Judges, and CRABB, Chief District Judge. Believing that its brokers had acted together with its manager to make unsuitable investments, churn its account and make...

  • Jr Simplot Company v. National Labor Relations Board
    33 F3d 58
    MEMORANDUM J.R. Simplot Company ("Simplot") petitions for review of a decision and order of the National Labor Relations Board ("Board"). The Board concluded that Simplot violated sections 8(a)(1) a...

  • Bousman v. United States Parole Commission
    33 F3d 58
    MEMORANDUM April Christine Bousman is a United States citizen, who was arrested and convicted in Mexico City for transporting approximately 2 kilograms of heroin. The Mexican authorities sentenced h...

  • Thurman v. E Shalala
    33 F3d 59
    MEMORANDUM This is an appeal from the district court's denial of attorney's fees in a Social Security case. We reverse and remand with an instruction to award fees, because the district court had ju...

  • United States v. Underwood
    33 F3d 60
    MEMORANDUM Logan Dee Underwood appeals his jury conviction of use of a firearm during, and in relation to, the drug trafficking offense of possession with intent to distribute marijuana, in violation...

  • United States v. Laughlin
    33 F3d 60
    MEMORANDUM Defendant Laughlin appeals the district court's denial of his motion to dismiss the indictment charging him with willfully making and subscribing false federal income tax returns in violat...

  • United States v. Tokash
    33 F3d 60
    MEMORANDUM Appellant Joseph Louis Tokash appeals his sentence under 18 U.S.C. Sec. 924(e), the Armed Career Criminal Act (ACCA). We affirm. Tokash pled guilty to violating 18 U.S.C. Sec. 922(g), p...

  • United States v. Marmolejo Quiroz
    33 F3d 60
    MEMORANDUM Francisco Javier Marmolejo-Quiroz appeals his 24-month sentence imposed following his conviction for illegal reentry after deportation, in violation of 8 U.S.C. Sec. 1326. He contends tha...

  • United States v. Yellowman
    33 F3d 61
    MEMORANDUM Defendant Yellowman was sentenced to 25 years under 28 U.S.C. Sec. 3581(b)(1) for first degree murder. We vacated this sentence and remanded for resentencing under 28 U.S.C. Sec. 1111(b),...

  • Marrero Garcia v. Irizarry
    33 F3d 117
    Plaintiffs-appellants are a group of residents of Condominium Bahia-A, located at Calle Las Palmas in Santurce, Puerto Rico ("the residents"). The residents brought this 42 U.S.C. Sec. 1983 action fo...

  • Licata v. United States Postal Service
    33 F3d 259
    Stephen Licata appeals the district court's dismissal of his suit, which it treated as alleging a breach of contract, against the United States Postal Service for lack of subject matter jurisdiction. ...

  • Hardester v. Lincoln National Life Insurance Company
    33 F3d 330
    Defendants-appellants, Lincoln National Life Insurance Company (Lincoln National) and Employers Health Insurance Company (Employers Health) (collectively referred to as "the Defendants"), appeal the J...

  • United States v. E Stewart
    33 F3d 764
    Michael E. Stewart pleaded guilty to two counts of mail fraud in violation of 18 U.S.C. Sec. 1341 and was sentenced to a twenty-one month prison term. The Government appeals from the order imposing s...

  • Hammes Aamco v. Aamco Transmissions Incorporated
    33 F3d 774
    The plaintiffs appeal from a judgment that dismissed their antitrust suit on the surprising ground that the complaint had failed adequately to allege that the defendants' violations had affected inter...

  • Douglas v. Agricultural Stabilization and Conservation Service
    33 F3d 784
    The federal government subsidizes farmers who set aside some of their land for conservation, reforestation, or recreation. 7 U.S.C. Sec. 1010. Local agents of the Agricultural Stabilization and Cons...

  • Rickels v. City Of South Bend Indiana P
    33 F3d 785
    In the course of litigation against the police of South Bend, Indiana, Romane Rickels served discovery requests on Fara Evans, an attorney who had represented him in litigation against his former wife...

  • Harvell v. Blytheville School District
    33 F3d 910
    Shirley Harvell and other voters in the Blytheville School District appeal from the district court's order and supplemental findings of fact dismissing their Voting Rights Act complaint following our ...

  • Webb v. A Lewis
    33 F3d 1079
    Terry L. Webb appeals the denial by the district court of a writ of habeas corpus freeing him from imprisonment by the state of Arizona. Holding that there has been a gross denial by Arizona of a rig...

  • Federal Deposit Insurance Corporation v. L Giammettei A A L J W E R W
    34 F3d 51
    Eleven individual defendants, each a limited partner in the Northeastern Heritage Limited Partnership ("NHLP"), appeal from judgments of the District of Connecticut, Ellen Bree Burns, Judge, granting ...

  • United States v. Davis
    34 F3d 417
    Charles Davis, defendant and third-party plaintiff, on behalf of the class for which he is the representative, appeals the district court's denial of his motion for summary judgment and order of summa...

  • Armstrong v. Young
    34 F3d 421
    A jury found Ralph D. Armstrong guilty of first degree murder and first degree sexual assault, and a Wisconsin trial court sentenced Armstrong to life imprisonment plus sixteen years. The Wisconsin S...

  • Ricupero v. E Mancini Etc Et Al
    34 F3d 1065
    Plaintiff appeals the denial of leave to amend his civil rights complaint. We affirm. The events leading to the denial of plaintiff's motion for leave to amend are, briefly, as follows. Plaintiff'...

  • United States v. F Mottram Sr
    34 F3d 1065
    Defendant-appellant Wesley Mottram pleaded guilty to a one-count indictment charging him with passing a United States Treasury check with a forged endorsement, in violation of 18 U.S.C. Sec. 510(a)(2)...

  • Tillman v. Resolution Trust Corporation Fsb
    37 F3d 1032
    Paul J. Tillman filed this action in state court seeking to enjoin a foreclosure action brought by the federally-appointed trustees of a failed savings and loan institution against his house in Bexar ...

  • United States v. Southern Florida Water Management District Kwb and A
    28 F3d 1563
    The Intervenor defendants appeal an interlocutory order granting an injunction entered by the district court in its Order Entering Settlement Agreement as Consent Decree. They assert lack of jurisdic...

  • United States v. Jones
    28 F3d 1574
    Gregory Louis Jones appeals his convictions and sentences on one count of distributing crack cocaine in violation of 21 U.S.C. Sec. 841; one count of possessing cocaine base with intent to distribute...

  • Youngblood 79 Youngblood 79 Csk Wl v. Federal Deposit Insurance Corporation
    29 F3d 225
    Mr. and Mrs. Youngblood, the Chapter VII debtors in this case, claimed an individual retirement account ("IRA") as exempt property under Sec. 42.0021 of the Texas Property Code. The bankruptcy court ...

  • Hunt v. Department Of Air Force Division Of Usa
    29 F3d 583
    In her original complaint under the Federal Torts Claim Act ("FTCA"), Plaintiff, Mary Hunt, incorrectly named the Department of Air Force, rather than the United States as defendant. Plaintiff also f...

  • Beadle v. Hillsborough County Sheriffs Department C
    29 F3d 589
    Appellant Aston Beadle appeals a final judgment entered against him by the United States Magistrate Judge for the Middle District of Florida and in favor of the Hillsborough County Sheriff's Departmen...

  • In Re Oliver L North
    31 F3d 1188
    This matter coming to be heard and being heard before the Special Division of the Court, upon the application of Nicholas Platt for reimbursement of attorneys' fees pursuant to Sec. 593(f) of the Ethi...

  • Parente v. United States
    32 F3d 561
    In 1991, Louis Robert Parente pled guilty to armed bank robbery, and was sentenced to a prison term and ordered to pay restitution and, to the extent restitution was not paid, a fine. He did not appe...

  • Lotus Suites Inc v. National Labor Relations Board
    32 F3d 588
    Lotus Suites, Inc. petitions for review, and the National Labor Relations Board petitions for enforcement, of a Board order directing Lotus Suites to cease and desist from activity in violation of Sec...

  • Barnett v. M Daley
    32 F3d 1196
    The Chicago City Council is composed of 50 aldermen, each elected from a different ward. Illinois law requires that the wards be redistricted after each decennial census. The latest redistricting pl...

  • United States v. J Rainone Alex Gio
    32 F3d 1203
    Those who in these whirling times still genuflect to tradition will be gratified to learn that the "Chicago Outfit," once led by Al Capone himself (see ITT Research Institute & Chicago Crime Commi...

  • Marshall v. Porter County Plan Commission
    32 F3d 1215
    After Elizabeth Marshall was terminated from her position as the Executive Secretary for the Porter County Plan Commission, she filed a suit under 42 U.S.C. Sec. 1983, in which she alleged that her di...

  • Wilkes v. R Gomez
    32 F3d 1324
    Maria R. Gomez, Commissioner of the Minnesota Department of Human Services (the "Commissioner"), appeals the district court's order granting summary judgment to the Aid to Families with Dependant Chil...

  • Daniel v. Loveridge
    32 F3d 1472
    Gretchen Daniel was employed as a machinist by Loveridge Machine & Tool, Inc., a Utah corporation, from April 26, 1987, until September 6, 1988, when she was fired. Daniel thereafter brought suit...

  • United States v. Scisum
    32 F3d 1479
    Robert H. Copier, Salt Lake City, UT, for defendant-appellant. Wayne T. Dance, Asst. U.S. Atty. (Scott M. Matheson, Jr., U.S. Atty., Paul M. Warner, Asst. U.S. Atty. and Kevin L. Sundwall, Sp. Asst...

  • McPherson v. Employees Pension Plan Of American Re Insurance Company Inc
    33 F3d 253
    Attorneys' fees may be awarded to prevailing parties in actions brought under the Employee Retirement Income Security Act of 1974 ("ERISA"). The statute, however, provides no standard for a fee award...

  • Brown v. City Of Louisville
    33 F3d 54
    Defendant appellant, Officer Charles Bryant, appeals the denial of his summary judgment motion based on qualified immunity in this civil rights action pursuant to 42 U.S.C. Sec. 1983. The order of a ...

  • Emery v. Brown Forman Corporation
    33 F3d 54
    On August 6, 1991, Shannon Emery brought this action against Brown-Forman Corporation, Lois Musselman Mateus and William Jett alleging violations of the Federal and Kentucky Civil Rights Acts based on...

  • United States v. Enriques
    33 F3d 55
    This is an appeal from a conviction and sentence in a cocaine distribution case. The defendant urges us to reverse her conviction because of alleged violations of the Speedy Trial Act and the Jencks ...

  • National Labor Relations Board v. Heritage Fire Protection Inc
    33 F3d 55
    The National Labor Relations Board ("the Board") seeks enforcement of its June 8, 1992 Decision, Order and Direction. We grant the Board's application for enforcement for the following reasons. Her...

  • Myracle v. General Electric Company
    33 F3d 55
    This action was brought by fifty-seven present and former employees of defendant appellee General Electric Company alleging that General Electric's failure to pay them for their twenty minute meal per...

  • Krieg v. Kimball International Incorporated
    33 F3d 56
    The plaintiff-appellant, Charles Larry Krieg, was terminated from his employment at Kimball International ("Kimball") on September 12, 1991. Thereafter, he filed this lawsuit alleging a violation of ...

  • Roldan v. United States
    33 F3d 56
    Carlos Roldan appeals from the district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. Sec. 2255. As a result of a government reverse-buy sting operation, R...

  • United States v. Fisher
    33 F3d 56
    On Christmas Day 1991, defendant Carlos Fisher was arrested by officers of the Illinois State Police in East St. Louis, Illinois. In his possession at the time of his arrest was a can containing appr...

  • Keywell Corporation v. C Weinstein
    33 F3d 159
    Keywell Corporation ("Keywell") has incurred costs for environmental cleanup at an industrial facility that it purchased in 1987 from Vac Air Alloys Corporation ("Vac Air"). Defendants-Appellees Dani...

  • Appalachian Energy Group v. Environmental Protection Agency
    33 F3d 319
    By a memorandum internal to the United States Environmental Protection Agency (EPA) dated December 10, 1982, the NPDES (National Pollutant Discharge Elimination System) Program Branch Chief, respondin...

  • Ritter v. Cecil County Office Of Housing and Community Development
    33 F3d 323
    When Belinda Ritter's federal housing assistance, provided under the Section 8 Existing Housing Certificate Program of the United States Department of Housing and Urban Development, was terminated, sh...

  • United States v. S Vlahos Us
    33 F3d 758
    In September 1992 the United States filed a petition for a rule to show cause why defendants Dean Vlahos and U.S. Sales Corporation should not be held to answer criminal contempt charges for alleged v...

  • Griffin v. Delo
    33 F3d 895
    Daniel J. Gralike, Clayton, MO, argued, for appellant. Appellant is currently represented by Kent E. Gipson, Kansas City, MO. Frank Jung, Asst. Atty. Gen., Jefferson City, MO, argued, for appellee...

  • In Re Mavety Media Group Ltd
    33 F3d 1367
    Mavety Media Group Ltd. appeals the May 5, 1993 decision of the Trademark Trial and Appeal Board (Board) of the United States Patent and Trademark Office (PTO) affirming the Examiner's refusal to regi...

  • Alaska Sport Fishing Association v. Exxon Corporation
    34 F3d 769
    Alaska Sportfishing Association and four individual sportfishers (hereinafter "plaintiffs" or "sportfishers") appeal the dismissal of their class action complaint against Exxon Corporation, et al., se...

  • Wilson v. Department Of Health and Human Services
    34 F3d 1077
    Before MOORE and KELLY, Circuit Judges, and BABCOCK, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially as...

  • 14110b Holt v. E Shalala
    35 F3d 376
    The government appeals a district court order granting attorney's fees under the Equal Access to Justice Act ("EAJA") in a Social Security benefits case. The only issue is whether the district court ...

  • Boothe v. E Shalala
    35 F3d 555
    Elsmore Boothe, a coal miner, died on September 10, 1973. At the time of his death he was receiving black lung benefits. Appellant Velda Boothe was married to Elsmore Boothe for over 17 years until ...

  • Paredes Urrestarazu v. Us Immigration and Naturalization Service
    36 F3d 801
    The opinion filed April 25, 1994, slip op. 3973, and appearing at 22 F.3d 909 (9th Cir.1994), is withdrawn. The petition for rehearing, filed May 24, 1994, is denied. Byron Paredes-Urrestarazu ("P...

  • Federal Deposit Insurance Corporation v. D Massingill
    30 F3d 601
    The rules of decision at issue here do not govern the primary conduct of the United States or any of its agents or contractors, but affect only the FDIC's rights and liabilities, as receiver, with res...

  • United States v. Speer
    30 F3d 605
    Timothy J. Henry, Asst. Federal Public Defender, Ira R. Kirkendoll, Federal Public Defender, Fort Worth, TX, for Speer. Neil L. Durrance (Court-appointed), Arlington, TX, for Weeks. Paul E. Gartne...

  • United States v. Davis
    30 F3d 613
    Defendant-Appellant Michael Deangelo Davis ("Davis") appeals his convictions on four counts of Interference with Commerce by Threats or Violence in violation of 18 U.S.C. Sec. 1951 ("the Hobbs Act") a...

  • United States v. American Society Of Composers Authors and Publishers Karmen
    32 F3d 727
    Jingles, as most everyone knows, are a constant sound presence on radio and television. Jingle writers who are members of the American Society of Composers, Authors and Publishers (ASCAP) have tried ...

  • United States v. Mullen Z
    32 F3d 891
    Defendant-appellant, Zarina Lenetta Mullen, made a timely motion to have her lawyer, who was retained by her family, replaced by a court-appointed one. For the reasons that follow, we conclude that t...

  • Gba Associates v. General Services Administration
    32 F3d 898
    In this appeal, GBA Associates challenges the validity of a General Services Administration Regulation (GSAR), 48 C.F.R. Sec. 552.270-3(a) (1993), referred to as the late proposal clause. The General...

  • Noble Payne v. Chrysler Motors Corporation Jeep Division
    32 F3d 997
    Plaintiffs-Appellants, William Noble Jr., and Thomas J. Payne, have appealed the magistrate judge's summary judgment in favor of defendants-appellees, Chrysler Motors Corporation ("Chrysler") and the ...

  • Brye v. Brakebush
    32 F3d 1179
    Yet as the Second Circuit held in Bray, the Court's analysis in Elliott simply does not apply in a case like this one where a state court has entered a judgment against the plaintiff. Bray, 851 F.2d ...

  • United States v. I Osuorji
    32 F3d 1186
    Jacqueline Oreglia, Office of U.S. Atty., Crim. Div. (argued), Barry R. Elden, Asst. U.S. Atty., Crim. Receiving, Appellate Div., Chicago, IL, for plaintiff-appellee. Kenneth L. Cunniff, Chicago, ...

  • United States v. Pryor
    32 F3d 1192
    Tyrone Pryor drove Rochelle Mallit and her children to a social security office, where she was arrested for making false statements in an effort to obtain a social security number and card. Mallit's ...

  • United States v. Hazelett
    32 F3d 1313
    Ricky Hazelett appeals his conviction and sentence for possessing with the intent to distribute more than 500 grams of cocaine, in violation of 21 U.S.C. Sec. 841(a)(1) and (b)(1)(B)(ii). For the rea...

  • Martinez
    32 F3d 1415
    The City of Los Angeles Area Agency on Aging and the City and County of San Francisco, along with several other individual and organizational plaintiffs, ("the Cities") brought this action challenging...

  • Bell v. Peters R
    33 F3d 18
    Heck v. Humphrey, --- U.S. ----, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), affirming on different and far-reaching grounds a decision by this court, has changed the law governing prisoners' civil rights...

  • Ethyl Corporation v. Bp Performance Polymers Inc
    33 F3d 23
    The question before us in this diversity case is whether the Iowa Comparative Fault Act (the Iowa Act), Iowa Code Secs. 668.1-.15 (1993), applies to Ethyl Corporation's breach of warranty claim seekin...

  • Camacho Bordes v. Immigration and Naturalization Service
    33 F3d 26
    Petitioner Carlos Camacho-Bordes seeks judicial review of a final order of deportation entered by the Board of Immigration Appeals (BIA). In re Camacho-Bordes, No. Abz-zpd-tqb (B.I.A. Oct. 27, 1993) ...

  • National Association For The Advancement Of Colored People
    33 F3d 52
    This appeal arises from a voting rights action brought by the NAACP and three black voters of Columbia, South Carolina ("plaintiffs"), challenging Columbia's so-called "4-2-1" method of electing membe...

  • Oriakhi v. Bialese Us
    33 F3d 52
    Felix Oriakhi, a federal prisoner, filed a pro se complaint on October 20, 1993, requesting the return of certain property items, including bank accounts, cash, automobiles, and jewelry, that he alleg...

  • Parsons v. E Shalala
    33 F3d 52
    The district court entered judgment affirming the Administrative Law Judge's denial of Appellant's application for Social Security disability benefits. We affirm because we find substantial evidence ...

  • United States v. Martin
    33 F3d 53
    Kevin Martin and David Anthony Cain appeal their convictions for conspiracy to distribute crack, possession of crack with intent to distribute, and carrying or using a firearm during and in relation t...

  • United States v. L Breeding
    33 F3d 56
    Before RIPPLE and MANION, Circuit Judges, and GRANT, District Judge. On June 10, 1993, Richard L. Breeding was indicted on one count of cocaine distribution in violation of Title 21, United States C...

  • United States v. R Sassi
    33 F3d 56
    In 1992 Steven Sassi was sentenced to 135 months' imprisonment for conspiracy to distribute LSD. Later the Sentencing Commission revised the way the weight of LSD is determined under the Guidelines. ...

  • Leonard v. T Sieler
    33 F3d 62
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Bills
    33 F3d 62
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Bowles Financial Group Inc v. Stifel Nicolaus and Company Inc D
    33 F3d 62
    Before MOORE and KELLY, Circuit Judges, and BABCOCK, District Judge. ORDER AND JUDGMENT BABCOCK, District Judge. After examining the briefs and appellate record, this panel has determined unanimo...

  • United States v. Ross
    33 F3d 63
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Sunshine Development Inc v. Federal Deposit Insurance Corporation
    33 F3d 106
    This appeal requires us to determine the scope of the immunity from injunctions granted to the Federal Deposit Insurance Corporation (FDIC) under the Financial Institutions Reform, Recovery, and Enfor...

  • Kavorkian v. Csx Transportation Inc
    33 F3d 570
    CSX Transportation, Inc., a railroad corporation, appeals the jury verdict in favor of George Kavorkian in his personal injury suit brought against CSX under the Federal Employers' Liability Act ("FEL...

  • Reich v. Continental Casualty Company
    33 F3d 754
    The Department of Labor appeals from the dismissal of a suit that it brought against an insurance company for monetary relief under ERISA. The trustees of a union pension fund had obtained from Conti...

  • Smith v. Us Forest Service
    33 F3d 1072
    This case involves an environmental challenge to a timber sale and harvest, known as the Gatorson Sale, in the Colville National Forest in Washington. The United States Forest Service has authorized ...

  • Cascade Roads Inc United States v. H Arkison
    34 F3d 756
    The United States appeals the district court's decision (1) affirming a bankruptcy court order directing payment of an outstanding Claims Court judgment owed to chapter 7 debtor Cascade Roads, Inc.; ...

  • Tuohy v. Secretary Of Health and Human Services
    34 F3d 1068
    Plaintiff-appellant Leslie Tuohy appeals the district court's order affirming the Secretary of Health and Human Services' denial of social security benefits. Ms. Tuohy asserts that there is not subst...

  • United States v. Kirkland
    34 F3d 1068
    Defendant Kirkland appeals his conviction pursuant to a 21-count indictment arising from a conspiracy to obtain money from the City of Detroit Board of Education. For the reasons set forth below, we ...

  • United States v. Blackwell
    34 F3d 1068
    Defendant Jerry Blackwell, alleging that his Fourth Amendment right to be free from unreasonable searches and seizures was violated, appeals the district court's denial of his motion to suppress evide...

  • Roadway Express Inc v. B Reich
    34 F3d 1068
    Petitioner Roadway Express, Inc., seeks review of respondent Secretary of Labor Robert Reich's affirmance of an administrative law judge's finding that Roadway discriminated against Robert Spearman in...

  • Surgical Laser Technologies v. Laser Industries Ltd
    34 F3d 1080
    Surgical Laser Technologies (SLT) appeals the April 13, 1993 judgment of the United States District Court for the Eastern District of Pennsylvania, inter alia, entering judgment as a matter of law (JM...

  • Paddington Partners v. Bouchard A Nv
    34 F3d 1132
    Lisa Klein Wager (John M. Vassos, Martin J. Murray, Morgan, Lewis & Bockius, New York City, of counsel), for defendant-appellee. Chavie N. Kahn (Ira S. Sacks, Fried, Frank, Harris, Shriver &...

  • Garlotte v. Fordice
    29 F3d 216
    Petitioner Harvey F. Garlotte ("Garlotte") brings a habeas corpus action pursuant to 28 U.S.C. Sec. 2254, challenging a 1985 state conviction for possession of marijuana. The district court, adopting...

  • Cox
    30 F3d 1347
    Upon consideration of the petitions for rehearing, the opinion issued on April 5, 1994, and published at 17 F. 3d 1386, is modified as follows: (1) The second paragraph of section II.B.1.b, which is ...

  • United States v. A Hatchett
    31 F3d 1411
    On August 5, 1992, Donna Hatchett and her daughter Felicia were indicted on charges stemming from three sales of crack cocaine made to an undercover officer inside the Hatchetts' residence at 1011 Sou...

  • Remmey v. Painewebber Incorporated
    32 F3d 143
    In this case, we are asked to overturn the results of a contractually-compelled arbitration. We decline to do so. Accepting the multiple attacks upon the arbitral process in this case would scuttle ...

  • Balazs v. Liebenthal
    32 F3d 151
    ARGUED: Candace Smith McCall, Anderson & Corrie, Fairfax, VA, for appellant. Stephen William Robinson, McGuire, Woods, Battle & Boothe, Washington, DC, for appellees. ON BRIEF: Scott E. Sn...

  • Dolny v. A Erickson
    32 F3d 381
    Keith Richard Dolny was convicted of criminal sexual assault against his former stepdaughter, K.S., in Minnesota state court, and sentenced to 43 months in prison. He filed a direct appeal and an app...

  • Miller v. T Runyon Us
    32 F3d 386
    Wanda J. Miller appeals the district court's judgment in favor of the United States Postmaster General, Marvin T. Runyon, in her employment discrimination action brought pursuant to 42 U.S.C. Sec. 200...

  • United States v. Roth
    32 F3d 437
    Robert Roth pleaded guilty to one count of conspiracy to manufacture and possess methamphetamine with intent to distribute in violation of 21 U.S.C. Secs. 841(a)(1) and 846. The plea agreement reserv...

  • United States v. Galloway
    32 F3d 499
    Appellant George Don Galloway appeals from the district court's order dismissing his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2255. We exercise jurisdiction under 28 U.S.C. Sec...

  • Waldemar Link Co v. Osteonics Corporation
    32 F3d 556
    Waldemar Link (Link) appeals the decision of the United States District Court for the District of New Jersey, estopping Link from obtaining a priority date for certain claims of Application Serial No....

  • United States v. Stein
    32 F3d 561
    In September 1992, a law enforcement helicopter spotted marijuana plants growing on the property of Kurt Alan Stein in Somerset County, Maine. After a ground search revealed 172 marijuana plants grow...

  • Haverstick Enterprises Inc v. Financial Federal Credit Inc
    32 F3d 989
    This action has asserted alleged violations of federal constitutional rights, perpetrated by private individuals and by a state officer, purportedly actionable under congressional civil rights enactme...

  • Wisconsin Public Service Corporation v. Federal Energy Regulatory Commission
    32 F3d 1165
    Jack J. Crowe, Winston & Strawn, Chicago, IL, William J. Madden, John A. Whittaker, IV, Winston & Strawn, Washington, DC, Henri D. Bartholomot, Edison Elec. Institute, Washington, DC, for amic...

  • United States v. Wallace
    32 F3d 1171
    A jury convicted Fred Wallace of conspiring to possess with intent to distribute both cocaine and marijuana, and he was subsequently sentenced under the Sentencing Guidelines to 168 months of incarcer...

  • Employers Association Inc v. United Steelworkers Of America
    32 F3d 1297
    On behalf of itself and its members, plaintiff Employers Association challenged the validity of the Minnesota Striker Replacement Law, Minn.Stat. Sec. 179.12(9) (1993). The Striker Replacement Law de...

  • Whetzal v. Ld Alderson Estate Of
    32 F3d 1302
    In this appeal, we hold that a former federal employee's right to receive a lump-sum retirement benefit is excluded from his bankruptcy estate. Accordingly, we will reverse a district court order aff...

  • United States v. Garner H
    32 F3d 1305
    Nolden Garner, Jr., appeals his conviction for being a felon in possession of a firearm, a violation of 18 U.S.C. Sec. 922(g), and the district court's enhancement of his sentence for three previous v...

  • United States v. Ross
    32 F3d 1411
    The United States appeals the district court's suppression of cocaine found by airline employees during a search made pursuant to F.A.A. regulations in one of defendant's two pieces of check-in luggag...

  • United States v. Bender
    33 F3d 21
    Kent Andrew Bender appeals the sentence the district court imposed after Bender pleaded guilty to one count of conspiring to use unauthorized credit cards with the intent to defraud, 18 U.S.C. Sec. 37...

  • Powell v. Gomez
    33 F3d 39
    Dennis P. Riordan, Dylan L. Schaffer, Riordan and Rosenthal, San Francisco, CA, for petitioner-appellant. Dane R. Gillette, Deputy Atty. Gen., San Francisco, for respondent-appellee. Appeal from t...

  • Miller v. Indiana Department Of Corrections
    33 F3d 56
    Terry W. Miller, an inmate at the Westville Correctional Center in Indiana, brought the present action under 42 U.S.C. Sec. 1983 against various Indiana institutions and prison officials. He alleged ...

  • Jelinek v. Roth L
    33 F3d 56
    Eric Jelinek filed this action against Thomas Roth, Kenneth L. McGinnis, and Diane Jockish under 42 U.S.C. Sec. 1983 alleging cruel and unusual punishment in violation of the Eighth Amendment to the U...

  • Dovbish v. Maryland Casualty Co
    33 F3d 58
    MEMORANDUM In this diversity action, Alfred Dovbish, a former director of United Management Corporation ("UMC"), seeks a declaration that the corporation's insurers have a duty to defend and indemnif...

  • Fellman v. Poole
    33 F3d 58
    MEMORANDUM Petitioner Dianne Fellman was convicted of murdering her husband, Elroy Fellman. She petitioned for habeas corpus relief in district court, alleging errors of prosecutorial misconduct, in...

  • Distad v. Federal Aviation Administration
    33 F3d 58
    MEMORANDUM Frederick Distad seeks reversal of an order of the National Transportation Safety Board ("NTSB" or "the Board") affirming a 30-day suspension of the airframe rating on his airman mechanic ...

  • Preston
    33 F3d 59
    MEMORANDUM Jarilen Preston et al. ("Appellants"), joint owners of property lying within the boundaries of a United States Forest Service timber harvesting project ("Project"), appeal the district co...

  • San Francisco Naacp v. San Francisco Usd Board Of Education
    33 F3d 59
    MEMORANDUM Appellants, a coalition representing parents and students of Latino and Asian descent, appeal the district court's order denying, without prejudice, their Fed.R.Civ.P. 24 application to in...

  • Mantz United States v. R Farrar
    33 F3d 59
    The Internal Revenue Service (IRS) appeals from the Bankruptcy Appellate Panel's (BAP) order directing that its claim for federal taxes be paid under 11 U.S.C. Sec. 726(a)(2). The BAP had jurisdictio...

  • United Technologies Corporation v. Browning Ferris Industries Inc
    33 F3d 96
    This appeal demands that we clarify the relationship between cost recovery actions and contribution actions under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 ...

  • Graves Fleet Consumer Discount Co v. Graves
    33 F3d 242
    This is an appeal from a judgment of the district court sitting as an appellate court in bankruptcy. At issue is whether, under Pennsylvania law, a non-record interest holder in real property is enti...

  • Holmes Financial Associates Inc v. Resolution Trust Corporation Fsb and Fa L
    33 F3d 561
    The issue presented is whether, under the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), Pub.L. No. 101-73, 103 Stat. 183 (1989) (codified in scattered sections of Title 12 of ...

  • United States v. Mains
    33 F3d 1222
    Defendant Marvin Edward Mains appeals his convictions for possession of cocaine with intent to distribute, 21 U.S.C. Sec. 841(a)(1), (b)(1)(C), felon in possession of a firearm, 18 U.S.C. Sec. 922(g)(...

  • Metro North State Bank
    34 F3d 589
    E. Reed Gaskin, Jean Gaskin, and Glenn Vogelgesang appeal the District Court's summary judgments in favor of Boatmen's First National Bank of Kansas City (Boatmen's) and the Federal Deposit Insurance ...

  • Bausch v. Philatelic Leasing Limited
    34 F3d 1066
    Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Paul V. Niemeyer, William M. Nickerson, District Judges. (CA-88-242-WN) Argued: James L...

  • Persaud v. Morgan State University
    34 F3d 1066
    Dr. Motee Persaud ("Appellant"), who is a naturalized citizen from Guyana, appeals from a district court order that dismissed his amended complaint in which he alleged violations of 42 U.S.C. Secs. 19...

  • United States v. Anyaehie
    34 F3d 1067
    Chokwuemeka Nwaorisa Anyaehie challenges his conviction following a jury trial for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846. He contends that the dis...

  • United States v. Flores
    34 F3d 1067
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • United States v. C Koon
    34 F3d 1416
    Stacey Koon and Laurence Powell ("appellants") appeal their jury convictions for deprivation of rights under color of state law in violation of 18 U.S.C. Sec. 242. The United States appeals Koon's an...

  • United States v. O Akinyemi
    38 F3d 609
    This appeal was considered on the record 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 presented ...

  • Rl Bryant v. Scott
    28 F3d 1411
    Appellant, R. L. Bryant, was convicted of armed robbery and sentenced to life imprisonment by the state district court in Palo Pinto County, Texas. After exhausting state court remedies, Bryant petit...

  • 14074b Paul v. E Shalala
    29 F3d 208
    Ethel Paul was denied disability and Supplemental Security Income ("SSI") benefits by the Secretary, Department of Health and Human Services. Concluding that the district court correctly awarded summ...

  • United States v. State Of New Mexico
    32 F3d 494
    The issue presented in this appeal is whether section 6001 of the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Sec. 6961, waives federal sovereign immunity from certain state imp...

  • Avery v. Commissioner New Hampshire Department Of Corrections
    32 F3d 561
    Clifford E. Avery, Sr., on brief pro se. Jeffrey R. Howard, Attorney General, and John A. Curran, Assistant Attorney General, on brief for appellee. D.N.H. AFFIRMED. Before Torruella, Chief Ju...

  • Ballard Shipping Company v. Beach Shellfish
    32 F3d 623
    This appeal presents the question whether federal maritime law preempts Rhode Island legislation affording expanded state-law remedies for oil pollution damage. In an able opinion, the district court...

  • Vore v. Indiana Bell Telephone Company Incorporated
    32 F3d 1161
    Federal law provides that an employee is to be free from racial discrimination in the workplace, which includes freedom from a racially-hostile work environment. It does not guarantee a utopian workp...

  • Maurer v. Department Of Corrections
    32 F3d 1286
    Corky Joe Maurer was convicted, after a 1991 Minnesota jury trial, of criminal sexual conduct of the third degree and sentenced to 48 months imprisonment. He appealed to the Minnesota Court of Appeal...

  • Ward
    32 F3d 1405
    Charles and Glenna Jo Canum Ward appeal a summary judgment for Westinghouse Canada, Inc. and Westinghouse Electric Corporation (Westinghouse) in the Wards' diversity action for personal injury and los...

  • Graziadei Graziadei v. Graziadei
    32 F3d 1408
    This case involves the question whether the Bankruptcy Appellate Panel ("BAP") properly directed that a bankruptcy court order be dismissed for lack of jurisdiction. The BAP held that (i) the bankrup...

  • Glenn v. Cessna Aircraft Company
    32 F3d 1462
    Plaintiff-appellants Mareva Glenn, Tana James Hall and Cinda James ("plaintiffs") appeal from a jury verdict in favor of defendant, the Cessna Aircraft Company, in a negligence and products liability ...

  • United States v. A Gowen
    32 F3d 1466
    Kline A. Gowen was convicted after a jury trial of one count of aggravated sexual assault, in violation of 18 U.S.C. Sec. 2241(a)(1), and two counts of sexual assault, in violation of 18 U.S.C. Sec. 2...

  • United States v. Pena
    33 F3d 2
    Eduardo Pena appeals from a sentence imposed by Judge Amon following a plea of guilty to postal robbery with a dangerous weapon, in violation of 18 U.S.C. Sec. 2114 (1988). On appeal, Pena contends t...

  • Jackson v. Stillabower
    33 F3d 54
    Before: RYAN and BATCHELDER, Circuit Judges, and JOINER, Senior District Judge. Prentis M. Jackson, pro se, appeals a district court order granting the defendant's motion to dismiss this civil righ...

  • Dike v. Immigration and Naturalization Service
    33 F3d 54
    The petitioner, Julius Dike, is an alien who contests a final order of deportation issued by the Board of Immigration Appeals. After an order to show cause was filed against him, charging that he was...

  • Cole v. Health Care Service Corporation
    33 F3d 54
    The plaintiffs, retired employees of DeVlieg Machine Company, appeal the district court's grant of summary judgment in favor of the defendant, Health Care Service Corporation, doing business as Blue C...

  • United States v. Hollowell
    33 F3d 55
    Donald Hollowell appeals his convictions for conspiracy to possess with the intent to distribute crack cocaine, possession with the intent to distribute crack cocaine, and use of a firearm during the ...

  • Aref Kea Knbs v. Arab Republic Of Egypt
    33 F3d 58
    Before: BROWNING, FARRIS, and LEAVY, Circuit Judges MEMORANDUM We have jurisdiction. The district court clearly intended to terminate all the claims against all the defendants. The district court...

  • Chivers v. North Slope Borough
    33 F3d 58
    MEMORANDUM Tom Chivers, a former police officer with the North Slope Borough's Department of Public Safety, was fired for false statements he made in an affidavit. He sued the Borough and various Bo...

  • United States v. Neal
    33 F3d 60
    Before: O'SCANNLAIN, and T.G. NELSON, Circuit Judges, and MERHIGE, District Judge. MEMORANDUM Kelvin Neal (Neal) appeals his convictions for conspiracy and possession of twenty kilograms of cocain...

  • United States v. Jones
    33 F3d 60
    Before: CHOY, SKOPIL, FERGUSON, Circuit Judges MEMORANDUM Jeffrey Lynn Jones appeals his conviction following entry of a conditional guilty plea to unarmed bank robbery in violation of 18 U.S.C. Se...

  • United States v. V Gonzalez
    33 F3d 60
    MEMORANDUM Joe Gonzalez appeals his conviction of conspiracy to possess methamphetamine with intent to distribute, and possession of methamphetamine with intent to distribute, in violation of 21 U.S....

  • Rm Perlman Inc v. New York Coat Suit Dresses Rainwear and Allied Workers Union Local 89 22 1 Ilgwu
    33 F3d 145
    We review on this appeal a special proviso inserted in a federal statute to preserve certain union practices believed helpful in combating the blight of sweatshops in the garment industry. Sweatshops...

  • Carney v. Houston
    33 F3d 893
    Russell E. Carney, a Nebraska inmate, appeals from the district court's dismissal of his 42 U.S.C. Sec. 1983 action under Federal Rule of Civil Procedure 12(b)(6). We affirm. Carney brought this ac...

  • Pacific Atlantic Trading Co United States v. F Towers
    33 F3d 1064
    The government appeals from a district court judgment in favor of the bankruptcy trustee and against the Internal Revenue Service (IRS). The government contends that a claim for tax liabilities retai...

  • Century Southwest Cable Television Inc v. Ciif Associates
    33 F3d 1068
    CIIF Associates, a Massachusetts general partnership (CIIF), appeals the grant of a preliminary injunction in favor of Century Southwest Cable Television Inc., a Delaware corporation (Century). The c...

  • Dawson Construction Company Inc v. Brown
    34 F3d 1080
    The Department of Veterans Affairs awarded Dawson Construction Company, Inc. (Dawson) a construction and renovation contract at the VA Medical Center in Miami, Florida. After completion of the contr...

  • Maxine Domingos Her Behalf and As Of United States Of America
    35 F3d 555
    Maxine S. Domingos brought this medical malpractice action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C.A. Secs. 2671-2680 (West 1965 & Supp.1994), alleging that th...

  • Brown v. Taylor W D
    35 F3d 555
    Appellant appeals from a district court order that denied his "Motion for Temporary Restraining Order" in which he requested that the court order that none of the Defendants in his 42 U.S.C. Sec. 1983...

  • Brown v. Ross
    35 F3d 555
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Powe v. Secretary Of The Navy
    35 F3d 556
    Howard Powe, a retired Navy Lieutenant Commander, applied to the Board for Correction of Naval Records (BCNR) requesting removal of a letter of reprimand and detachment for cause from his military per...

  • Head v. State
    35 F3d 556
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Rites Hines v. A Lanham L
    35 F3d 556
    Appellant appeals the district court's order denying Appellant's request for a temporary restraining order. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This C...

  • Sloan Sloan v. Sovran Bank Na D Sloan
    35 F3d 556
    Appellant seeks to appeal the district court's orders denying his petitions for removal and remanding these cases to state court and denying reconsideration of these orders. To the extent Appellant ...

  • United States v. L Smith
    35 F3d 557
    Following a trial by jury, appellant was convicted of driving and using a motor vehicle, not his own, without the consent of the owner and in the absence of the owner, with the intent to temporarily d...

  • United States v. Banks
    35 F3d 557
    This appeal arises on appellant William Kenneth Banks' motion for relief under 28 U.S.C. Sec. 2255 (1988), claiming he received ineffective assistance of counsel at various stages throughout his defen...

  • Taylor v. Lopez
    35 F3d 557
    John Lopez, a federal employee, appeals the district court's order (1) denying his motion to substitute the United States as defendant in this tort action brought against him by Karen Taylor and (2) g...

  • United States America v. Stokes
    35 F3d 558
    Andre Charles Stokes pled guilty to possession of a stolen United States Postal Service money order under 18 U.S.C.Sec. 500. The district court sentenced Stokes to twenty-four months imprisonment and...

  • United States v. Erving
    35 F3d 568
    Following revocation of his supervised release, appellant Ron Erving ("Erving") was sentenced to fifteen months imprisonment. Erving appeals the sentence imposed by the district court. We affirm. ...

  • In Re Innocent U Uwaeme
    36 F3d 1095
    Innocent U. Uwaeme filed this mandamus petition seeking an order directing the district court to act on a 28 U.S.C. Sec. 2255 (1988) motion filed in January of 1993. Shortly after this mandamus petit...

  • United States v. R McLemore
    28 F3d 1160
    The United States challenges the district court's grant of the motion to arrest judgment of appellee Charles McLemore. Applying the rule of lenity, the district court granted McLemore's motion, holdi...

  • Burroughs v. Ffp Operating Partners Lp
    28 F3d 543
    FFP Operating Partners, L.P. ("FFP"), appeals the district court's denial of its motion for judgment as a matter of law ("j.m.l.") and, in the alternative, motion for new trial on intentional inflict...

  • United States v. Alpert
    28 F3d 1104
    In this appeal we discuss the proper application of the United States Sentencing Guidelines (Guidelines or USSG) Sec. 3C1.1 enhancement for obstruction of justice. We also review whether it was permi...

  • Vines v. United States
    28 F3d 1123
    This appeal arises out of the denial of Miguel Vines's Sec. 2255 motion. On this appeal we must determine whether the temporary absence of a defendant's trial counsel during the presentation of evide...

  • United States v. Byse
    28 F3d 1165
    In this appeal, we decide for the first time in our circuit whether sentencing statutes that punish more severely conduct involving base or crack cocaine as opposed to powder cocaine exhibit an uncons...

  • Parents Of Student v. Puyallup School District No
    31 F3d 1489
    The parents of an emotionally and learning disabled student, referred to as "Student W.," appeal from summary judgment for defendant Puyallup School District, No. 3 (hereinafter "District") and a deni...

  • Igartua De La Rosa v. United States
    32 F3d 8
    Appellant residents of Puerto Rico allege that their inability to vote in the United States presidential election violates their constitutional rights. Some appellants, who previously voted in presid...

  • United States v. McAlpine
    32 F3d 484
    Defendant Johnnie Louis McAlpine pleaded guilty to eight counts of mail fraud, 18 U.S.C. Sec. 1341, and was sentenced to forty-six (46) months imprisonment, to be followed by three years of supervised...

  • United States v. Mackins
    32 F3d 134
    A federal grand jury sitting in the Western District of North Carolina indicted Willie Mackins, appellee, for conspiracy to traffic in heroin and cocaine (Count 1), in violation of 21 U.S.C. Sec. 846;...

  • Espinosa v. Roswell Tower Inc
    32 F3d 491
    The New Mexico Environmental Department and its Secretary, Judith M. Espinosa (collectively NMED), brought suit against Roswell Tower, Inc., Ray Bell and Leonard Talbert (defendants) alleging violatio...

  • United States v. J Scarpaci
    32 F3d 561
    Appellants Guy Scarpaci and Robert Gawlowicz challenge the sentences imposed following their convictions on fraud charges. Scarpaci contends that the district court improperly enhanced his sentence f...

  • Heilweil v. Mount Sinai Hospital
    32 F3d 718
    Plaintiff, Donna Heilweil, appeals from a judgment of the United States District Court for the Southern District of New York (Owen, J.) entered August 5, 1993, granting defendant Mount Sinai Hospital'...

  • Rhone Poulenc Rorer Inc v. Home Indemnity Company
    32 F3d 851
    Stephen J. Mathes (Argued), William R. Herman, Hoyle, Morris & Kerr, Philadelphia, PA, for appellants/petitioners Rhone-Poulenc Rorer Inc. and Armour Pharmaceutical Co. Jeffrey B. Albert, Fox, R...

  • United States v. Rhodes
    32 F3d 867
    Button Jack Rhodes was convicted in the United States District Court for the Western District of Virginia of several firearms and drug offenses. On appeal, Rhodes raises three issues: (1) the admiss...

  • United States v. Kennedy
    32 F3d 876
    Appellants raise numerous challenges to their convictions and sentences stemming from their involvement in a drug distribution conspiracy. We find that their challenges lack merit and therefore affir...

  • Bryan J Glaser v. Thompson Medical Company
    32 F3d 969
    Plaintiffs appeal the district court's grant of summary judgment for the defendant on the single issue of causation in this product liability action. Plaintiffs allege negligence and breach of warran...

  • United States v. 4087759 In United States Currency
    32 F3d 1151
    Donna Eide (argued), Office of the U.S. Atty., Indianapolis, IN, for plaintiff-appellee. Michael Vatis, Mayer, Brown & Platt, Washington, DC, for defendant. Michael Vatis, Alan E. Untereiner (...

  • United States v. Lacour
    32 F3d 1157
    Louis Lacour pleaded guilty to conspiring to possess with the intent to distribute, and to obtain by misrepresentation, subterfuge, fraud and deception, in excess of 60,000 tablets of dilaudid in viol...

  • Grand Laboratories Inc v. Midcon Labs Of Iowa Pvi Grand Laboratories Inc
    32 F3d 1277
    Defendants Kansas City Southern Industries, Inc. (KCSI) and its subsidiary Midcon Labs, Inc. (Midcon) appeal the district court's judgment awarding plaintiff Grand Laboratories, Inc. (Grand) compen...

  • Exxon Corporation v. C Heinze
    32 F3d 1399
    Exxon Corporation ("Exxon") appeals an order dismissing its 42 U.S.C. Sec. 1983 lawsuit and denying its prayer to enjoin certain Alaska state court litigation over state oil and gas royalties. Exxon ...

  • Jones v. T Runyon
    32 F3d 1454
    We are asked to determine the statute of limitations applicable to federal employees challenging an adverse decision of the Equal Employment Opportunity Commission (EEOC) under the Age Discrimination ...

  • United States v. Chubbuck
    32 F3d 1458
    Defendant-Appellant Byron Shane Chubbuck ("Chubbuck") appeals from the district court's denial of his motion to suppress evidence of a methamphetamine lab that law enforcement agents seized during a s...

  • Alexander Iii v. United States
    32 F3d 1571
    Appellants, nineteen present and former border patrol agents employed with the Immigration and Naturalization Service (INS or agency), appeal from the April 30, 1993 judgment of the United States Cour...

  • Claughton v. A Mixson
    33 F3d 4
    Edward Claughton, Jr. ("debtor") appeals the district court's order affirming the decision of the bankruptcy court to grant Beverly Mixson ("Mixson"), the debtor's former wife, relief from the automa...

  • Europlast Ltd v. National Labor Relations Board
    33 F3d 16
    In May 1990 two employees of petitioner EuroPlast, Ltd. ("EuroPlast") filed charges with the National Labor Relations Board ("NLRB") alleging unfair labor practices. In August 1990 the NLRB issued a...

  • McKenzie v. E Shalala
    33 F3d 52
    Kannie McKenzie appeals from an order of the district court affirming the Secretary's denial of her claim for Social Security benefits. We find no merit in McKenzie's assignments of error and accordi...

  • Gille v. United States
    33 F3d 46
    The government appeals the district court's judgment awarding damages pursuant to 26 U.S.C. Sec. 7431 to plaintiff/taxpayer J. Charles F. Gille (taxpayer) arising from the allegedly unauthorized discl...

  • Haskins v. City Of Petersburg Juvenile and Domestic Relations Court
    33 F3d 51
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Cartwright v. Murray
    33 F3d 51
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Dunbar v. Davis
    33 F3d 51
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Campbell v. D R Guillory D H L B
    33 F3d 51
    Appellant appeals from the magistrate judge's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the magistrate judge's opinion discloses that this appeal ...

  • Sugarloaf Citizens Association v. Montgomery County Maryland
    33 F3d 52
    In this appeal, we review the propriety of the district court's invocation of the Burford abstention doctrine to avoid federal judicial interference in ongoing proceedings under a complex state regula...

  • Rahman v. Jackson
    33 F3d 52
    Appellant appeals the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint. The district court assessed a filing fee in accordance with Evans v. Croom, 650 F.2d 521 (4th Cir.19...

  • Nolon Iii v. C W Bland
    33 F3d 52
    Ardie D. Nolon, III, appeals the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) action as frivolous pursuant to 28 U.S.C. Sec. 1915(d) (1988). Our review of the record and the distr...

  • Totten v. Doctor Toler
    33 F3d 52
    Thomas J. Totten appeals the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) action as frivolous pursuant to 28 U.S.C. Sec. 1915(d) (1988). Our review of the record and the district ...

  • United States v. Robinson
    33 F3d 53
    Antonio Gioia, Porter & Gioia, Baltimore, MD, for appellant David Robinson. Brian Joseph Murphy, Stanley H. Needleman Law Offices, Baltimore, MD, for appellant Alfreda Robinson. Daniel Tisdale...

  • United States v. Coor
    33 F3d 53
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion and his motion for reconsideration. Our review of the record and the district court's opinion discloses...

  • United States v. Owens
    33 F3d 53
    Phillip Antonio Owens appeals from convictions and sentences imposed after Owens was found guilty of bank robbery with a dangerous weapon and use of a firearm during a bank robbery, in violation of 18...

  • United States v. Little
    33 F3d 53
    Jonathan Dewayne Little entered a guilty plea to one count of conspiring to possess crack with intent to distribute and to distribute crack cocaine, 21 U.S.C.A. Sec. 846 (West Supp.1993), and one coun...

  • Doe v. Garden State Life Insurance Company
    33 F3d 58
    MEMORANDUM Appellants John and Jane Doe sued appellee Garden State Insurance Company. The parties consented to trial by a magistrate judge. The magistrate granted Garden State Insurance's motion fo...

  • People Of The Territory Of Guam v. Turner
    33 F3d 59
    MEMORANDUM Daniel Turner challenges his conviction for aggravated murder. We have jurisdiction under 48 U.S.C. Sec. 1424-3(c), and we affirm. Turner argues the trail court erred in admitting witne...

  • United States v. Mikesell
    33 F3d 60
    MEMORANDUM Gilbert Aguilar (Aguilar) appeals his conviction under 18 U.S.C. Sec. 924(1)(A) for falsifying his address when purchasing firearms and his sentence. Joseph John Mikesell (Mikesell) appea...

  • United States v. Valdez Corral
    33 F3d 60
    Before: D.W. NELSON and NOONAN, Circuit Judges, and KING,* District Judge. MEMORANDUM** Gumaro Valdez-Corral appeals his jury conviction, following this court's remand after reversal of the distri...

  • United States v. Rosales
    33 F3d 60
    Before: POOLE and REINHARDT, Circuit Judges; TANNER, District Judge. MEMORANDUM Rosales appeals from the imposition of a 180 month sentence imposed upon his pleas of guilty to violations of 21 U....

  • Winn v. Case Corporation Ji
    33 F3d 61
    Before: TANG and WIGGINS, Circuit Judges and HENDERSON, District Judge. MEMORANDUM Winn (plaintiff-appellant) was employed by Case (defendant-appellee) from May 6, 1974 to September 28, 1990. Pri...

  • Purgess v. Sharrock
    33 F3d 134
    When Dr. Jan R. Purgess, an anesthesiologist, was terminated from employment at the Hospital for Special Surgery ("HSS"), he brought this action, asserting several claims against HSS and Dr. Nigel E. ...

  • Curcio
    33 F3d 226
    Frederick Curcio, III, M.D., died in an automobile accident while employed as a full time physician at Harrisburg Hospital, which is owned by Capital Health Systems. Capital Health sought to provide ...

  • United States v. Testa
    33 F3d 747
    In these joint criminal appeals, the defendants-appellants, Camilo Testa, Rudy Martinez and Jose Paz, challenge their judgments of conviction, entered in the United States District Court for the North...

  • Haines v. Saginaw Police Department D W I Ii
    35 F3d 565
    Richard Haines, a pro se Michigan prisoner, appeals the district court's grant of summary judgment to defendants in his 42 U.S.C. Sec. 1983 action challenging the search of his apartment and his subse...

  • Clark v. Lennox Industries Inc
    35 F3d 565
    Before: RYAN and BATCHELDER, Circuit Judges, and JOINER, Senior District Judge. Harold O. Clark, proceeding without benefit of counsel, appeals a district court judgment granting defendants' motion...

  • Scott v. K Hall J
    35 F3d 566
    David J. Scott is a pro se Michigan prisoner who appeals a district court judgment dismissing his civil rights action filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel of the cou...

  • Milton v. United States
    35 F3d 566
    Hubert Earl Milton, a federal prisoner, appeals a district court order denying his motion to vacate his sentence filed under 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pu...

  • Johnson v. Epps
    35 F3d 566
    Plaintiff William Lynn Johnson, Sr., a prisoner, appeals the district court's dismissal of this Sec. 1983 suit against the jailer who confiscated Johnson's legal papers and typewriter. Johnson also a...

  • Slatton v. Wilkinson
    35 F3d 566
    Before: JONES and BATCHELDER, Circuit Judges, and JOINER, Senior District Judge. Ronald Slatton, an Ohio state prisoner proceeding without benefit of counsel, appeals a district court judgment dism...

  • Stewart v. Westside Eastside Child Care Centers Association
    35 F3d 566
    Luther Stewart, appearing pro se, appeals a district court judgment dismissing his civil rights complaint filed pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e-5, 42 U.S.C....

  • United States v. Grimmett
    35 F3d 567
    Kimble Grimmett appeals his convictions for violations of 18 U.S.C. Secs. 922(g)(1) and (3) and 924(e). Counsel for the parties have waived oral argument, and this panel unanimously agrees that oral ...

  • Sizemore v. Ca Turner
    35 F3d 568
    On January 31, 1992, Michael Sizemore, an inmate at the United States Penitentiary in Leavenworth, Kansas, was approached by a prisoner (West) who asked Sizemore if he would assist in freeing another ...

  • United States v. Hatch
    35 F3d 569
    Samuel Hatch and James Cooper appeal their convictions for possession with intent to distribute five kilograms of cocaine, a violation of 21 U.S.C. Sec. 841(a)(1), on two grounds. First, Hatch and Co...

  • Banks v. Brown
    36 F3d 1112
    The Secretary of Veterans Affairs moves to waive the requirements of Fed.Cir.R. 27(e) and to dismiss Jack C. Banks Jr.'s appeal for lack of jurisdiction. Banks opposes. On November 24, 1992, the Bo...

  • Crespin v. Brown
    36 F3d 1112
    The Secretary of Veterans Affairs moves to waive the requirements of Fed.Cir.R. 27(e) and to dismiss Jose M. Crespin's appeal for lack of jurisdiction. Crespin has not responded. Crespin was denied...

  • Seagate Technology Inc v. United States International Trade Commission
    36 F3d 1113
    The International Trade Commission moves to dismiss Seagate Technology Inc.'s appeal. Seagate Technology opposes. This matter stems from a Commission investigation concerning allegations that 20 re...

  • Mack v. United States Postal Service
    36 F3d 1113
    The United States Postal Service objects to this court's order stating that it intended to reinstate John H. Mack, Sr.'s petition for review for the purpose of transferring his case to the United Stat...

  • Turner v. Brown
    36 F3d 1113
    The Secretary of Veterans Affairs moves to waive the requirements of Fed.Cir.R. 27(e) and to dismiss Mary S. Turner's appeal for lack of jurisdiction. Mrs. Turner has not responded. In 1988, Mrs. T...

  • Ritchie v. Brown
    36 F3d 1113
    The Secretary of Veterans Affairs moves to waive the requirements of Fed.Cir.R. 27(e) and to dismiss Lawrence H. Ritchie's appeal for lack of jurisdiction. Ritchie opposes. Ritchie seeks review of ...

  • Cupit v. P Whitley
    28 F3d 532
    This is an appeal from a judgment of the district court granting a conditional writ of habeas corpus to Milton Eugene Cupit (Cupit) in a civil writ of habeas corpus proceeding. The jurisdictional bas...

  • United States v. R Jackson
    30 F3d 572
    John R. Jackson, who was convicted of manufacturing marijuana, filed two separate appeals alleging that the district court's dismissal of his indictment should have been with prejudice. We now dismis...

  • United States v. Barnes
    30 F3d 575
    It is the contention of this appeal that the inability of a defendant to testify in open court before a jury necessarily renders the defendant incompetent to stand trial. We reject the contention and...

  • United States v. R Leal
    30 F3d 577
    Leal and Vargas are minority businessmen who made a business loan with the Small Business Administration ("SBA"); they appeal their convictions for crimes alleged to have been committed in respect to...

  • Morgan v. Gaylord Container Corp
    30 F3d 586
    Jacqueline Morgan was an employee of Thomas Industrial Corporation ("TIC"), a subcontractor on a modification and expansion project at the Gaylord Container Corporation's ("GCC") paper mill in Bogalus...

  • Linton v. Airbus Industrie Moss
    30 F3d 592
    The Airbus Defendants also claim that we may review the remand order because the remand was erroneously based on a "post-removal" event, i.e., a stipulation that effectively made one of the plaintiffs...

  • 14205b Davis v. E Shalala
    31 F3d 753
    William Davis appeals the judgment of the district court affirming the Secretary's denial of supplemental security income (SSI) benefits for Davis's claim of disability. We affirm. In January 1991,...

  • American Association Of Cruise Passengers v. Cunard Line Ltd
    31 F3d 1184
    The American Association of Cruise Passengers appeals from the district court's order dismissing without prejudice its antitrust suit against the defendant cruise lines on the ground that the claims w...

  • United States v. Thompson
    32 F3d 1
    A federal grand jury returned an eleven-count indictment which charged seven defendants, not including defendant/appellant Everton Thompson, with conspiracy to distribute cocaine base from September 1...

  • Makemson v. R McBride
    32 F3d 570
    This is an appeal from the denial of a petition for a writ of habeas corpus. On August 14, 1984, the State of Indiana filed an information charging Daniel Makemson with one count of unlawfully carryi...

  • United States v. Anaya
    32 F3d 308
    Nitza Anaya plead guilty to charges involving conspiracy to embezzle federal funds. Under Sec. 3B1.1 of the Sentencing Guidelines, her offense level was adjusted upward for her aggravating role in th...

  • Workman v. Jordan
    32 F3d 475
    The matter presented to this court on appeal is whether Sheriff Ed Jordan and Undersheriff Rick Dill should be granted qualified immunity against claims of due process and First Amendment violations. ...

  • De Oliveira Moura v. Immigration and Naturalization Service
    32 F3d 561
    Petitioner Marco Moura (Moura) seeks judicial review of a decision by the Board of Immigration Appeals (BIA) that effectively denied Moura discretionary relief from deportation under 8 U.S.C. Sec. 118...

  • Love v. United States
    32 F3d 570
    Before RIPPLE and MANION, Circuit Judges and GRANT, District Judge. Ray Love appeals the district court's denial of his petition to vacate, set aside or correct his sentence pursuant to 28 U.S.C. Se...

  • Voss v. E Shalala
    32 F3d 1269
    Carrie Voss, as the parent of Justin J. Drapeau and Jesse L. Drapeau, appeals from a judgment of the district court upholding a decision of the Secretary of Health and Human Services (Secretary) denyi...

  • Mahers v. Hedgepeth
    32 F3d 1273
    Deputy Warden Paul Hedgepeth appeals a district court order holding him in civil contempt for the manner in which security officers at the Iowa State Penitentiary (ISP) searched certain inmates' legal...

  • Goheen v. Yellow Freight Systems
    32 F3d 1450
    Roger D. Sandack, Salt Lake City, UT, for plaintiff-appellant. John R. Lund of Snow, Christensen & Martineau, Salt Lake City, UT, for defendant-appellee. Before MOORE and SETH, Circuit Judges,...

  • Bugna Bugna v. E McArthur
    33 F3d 1054
    We consider two technical but important questions of bankruptcy law: (1) Are state court findings that the debtor committed fraud and breach of fiduciary duty binding on the debtor in dischargeabilit...

  • Roettgen v. Copeland
    33 F3d 36
    John David Roettgen, an Arizona state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for habeas corpus. The district court determined that Roettgen had no...

  • Holley v. B Smith
    33 F3d 51
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Carr v. B Smith
    33 F3d 51
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Gilbert v. Lanham D B
    33 F3d 51
    Appellant appeals from the district court's order dismissing some, but not all, of the persons named as defendants in Appellant's civil action under 42 U.S.C. Sec. 1983 (1988). We dismiss the appeal ...

  • Hatcher v. Shields
    33 F3d 51
    Appellants appeal from the district court's order denying relief on their 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is...

  • Harrison v. Dutchman Correctional Institution
    33 F3d 51
    Bobby Ray Harrison appeals the dismissal without prejudice of his pro se 42 U.S.C. Sec. 1983 (1988) complaint. Harrison's complaint was dismissed for failure to state a cognizable Sec. 1983 claim. T...

  • Contee v. B Cottingham B
    33 F3d 51
    Appellant appeals the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint. Appellant's case was referred to a magistrate judge pursuant to 28 U.S.C. Sec. 636(b)(1)(B) (1988). ...

  • Chavis v. Winston
    33 F3d 51
    Appellant appeals from a district court order that dismissed his 42 U.S.C. Sec. 1983 (1988) action without prejudice because he failed to comply with a court order. A previous magistrate judge's orde...

  • Taylor v. Detrick
    33 F3d 52
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Nwanze v. Attorney General Of The Commonwealth
    33 F3d 52
    Appellant seeks to appeal the magistrate judge's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the magistrate judge's opinion discloses that this appea...

  • Patterson v. W Duling D R S Iii
    33 F3d 52
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Seagle v. J Merkel
    33 F3d 52
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Tucker v. Dougherty
    33 F3d 52
    Appellant appeals the district court's order dismissing portions of his 42 U.S.C. Sec. 1983 (1988) complaint. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This...

  • Sumiel v. W Murray
    33 F3d 52
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Shuler v. F Saxton
    33 F3d 52
    Appellant seeks to appeal from Appellee's motion for summary judgment. Although the district court subsequently entered final judgment against Appellant, that order did not retroactively validate App...

  • Stringfield v. Georgia Pacific Corporation
    33 F3d 52
    Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Richard L. Williams, Senior District Judge. (CA-92-838) Argued: Gerald Glenn Poindexter, Poindext...

  • Spaulding v. Thompson
    33 F3d 52
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint and denying his motion to vacate the judgment. Our review of the record and the district c...

  • United States v. Oriakhi
    33 F3d 53
    Appellant appeals the district court's denial of his motion for release pending appeal of the district court's denial of Appellant's 28 U.S.C. Sec. 2255 (1988) motion in United States v. Oriakhi, No. ...

  • United States v. Mable
    33 F3d 53
    Appellant appeals from the district court's order denying her 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • United States v. Hazel
    33 F3d 53
    On February 11, 1993, a federal grand jury sitting in the Eastern District of Virginia returned a three-count indictment against Bobby Hazel and Homer Richards. Count one charged Hazel and Richards w...

  • Charlton v. Madigan Us Commodity Credit Corporation
    33 F3d 58
    MEMORANDUM Appellants, a class of wheat and barley farmers from Eastern Washington, brought this action challenging the issuance of two "Production Adjustment Disaster Notices" by the Washington Stat...

  • Lopez Salazar v. Immigration and Naturalization Service
    33 F3d 59
    MEMORANDUM Jose Lopez-Salazar petitions for review of a decision by the Board of Immigration Appeals denying his applications for waivers of deportation under Secs. 212(c) and 241(f)(1) of the Immigr...

  • Tinsley v. Lomax
    33 F3d 59
    MEMORANDUM Russell A. Tinsley, a California state prisoner, appeals pro se following an adverse jury verdict in his 42 U.S.C. Sec. 1983 civil rights case. He contends that the district court erred (...

  • Laborers International Union Of North America Local v. Quality Mechanical Contractors Inc Mgm
    33 F3d 59
    MEMORANDUM On October 18, 1990, in connection with its plans to construct the MGM Grand Hotel, MGM entered into an agreement with the Building and Construction Trades Council of Southern Nevada ("the...

  • United States v. Patton
    33 F3d 60
    MEMORANDUM * A rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (1979). Even if Patton did not agree ...

  • United States v. Lewis
    33 F3d 60
    The government initially contends that the jury instruction on entrapment was not raised by the defendant on direct appeal. We conclude, however, that Lewis did contest the issue of entrapment and ci...

  • United States v. Coleman
    33 F3d 60
    MEMORANDUM Reginald Coleman pled guilty to conspiracy to distribute cocaine base in violation of 21 U.S.C. Secs. 846, 841(b)(1)(A). In this appeal from the district court's judgment of sentence, Col...

  • United States v. Brown
    33 F3d 60
    MEMORANDUM Gary Wayne Brown challenges his conviction and sentence for committing extortion under pretense of office. 18 U.S.C. Sec. 872. We affirm the conviction, but vacate the sentence and reman...

  • United States v. Cowden Gravel and Ready Mix Inc
    33 F3d 60
    MEMORANDUM The United States government appeals the fine imposed under the Sentencing Guidelines against Cowden Gravel & Ready-Mix, Inc. ("Cowden") after the corporation's guilty plea conviction...

  • Slabaugh v. S Ridlon Md
    33 F3d 62
    Before LOGAN, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and BROWN, Senior District Judge. This case was originally set for oral argument. However, prior to oral argument counsel for appellan...

  • Depaepe v. General Motors Corporation
    33 F3d 737
    Kenneth DePaepe became a quadriplegic when his 1984 Buick Regal was struck by another vehicle on August 15, 1984. He filed this diversity action against the Buick's manufacturer, General Motors ("GM"...

  • Government Of The Virgin Islands In The Interest Of Am A Minor Am A Minor
    34 F3d 153
    This appeal concerns an order transferring a juvenile for prosecution as an adult. We hold that such a transfer order is subject to pretrial appeal under the collateral order doctrine, and we reject ...

  • Barnes v. J Odea T
    35 F3d 565
    Before: RYAN and BATCHELDER, Circuit Judges, and JOINER, Senior District Judge. This pro se Kentucky prisoner appeals a district court judgment granting summary judgment for the defendants in his p...

  • Cundiff v. Commonwealth Of Kentucky
    35 F3d 565
    Charles R. Cundiff, pro se, appeals a district court order denying his petition for a writ of habeas corpus which he filed under 28 U.S.C. Sec. 2254. The case has been referred to a panel of the cour...

  • Baker v. Stegall
    35 F3d 565
    Archie Baker, a pro se Michigan prisoner, appeals a district court judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. Sec. 2254. The case has been referred to a panel ...

  • Dircken v. State Of Michigan Department Of Education Vocational Rehabilitation
    35 F3d 565
    Charles Dircken, appearing pro se, appeals a district court judgment dismissing his civil rights suit filed under Title VII, 42 U.S.C. Sec. 2000e and the Equal Pay Act of 1963, 29 U.S.C. Sec. 206(d). ...

  • Cox v. United States
    35 F3d 565
    This is an appeal from a district court's order granting in part a motion to vacate sentence filed under 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pursuant to Rule 9(a),...

  • Hall
    35 F3d 565
    Several pro se plaintiffs, currently inmates of the Tennessee Department of Corrections, appeal a district court order denying their request for a declaratory judgment pursuant to 28 U.S.C. Sec. 2201....

  • Gifford v. State Of Ohio
    35 F3d 565
    Before: JONES and BATCHELDER, Circuit Judges, and HOOD, District Judge. Thomas P. Gifford appeals a district court order dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S...

  • El Amin v. Tirey
    35 F3d 565
    Muhammad El-Amin, a pro se Tennessee prisoner, appeals a district court judgment dismissing his civil rights action filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel of the...

  • Ivy v. E Shalala
    35 F3d 566
    Ivy appeals the Secretary's denial of his claim for disability benefits. In Ivy v. Secretary of Health and Human Services, 976 F.2d 288, 290 (6th Cir.1992), this court affirmed the district court's ...

  • Voss v. Uss Great Lakes Fleet Inc
    35 F3d 567
    This is an appeal from an order imposing sanctions against the attorney for the plaintiff in an admiralty case. The district court ordered the attorney to pay the defendant's costs and attorney's fee...

  • United States v. Bryant I
    35 F3d 568
    Defendant Bryant pleaded guilty to credit card fraud, in violation of 18 U.S.C. Sec. 1029(a)(2), and was sentenced to a combination of probation and work release. To the extent Bryant asks us to eva...

  • Cellwave Telephone Services Lp v. Federal Communications Commission
    30 F3d 1533
    Cellwave Telephone Services, L.P. and Futurewave General Partners, L.P. appeal an order of the Federal Communications Commission dismissing their applications to operate and construct cellular telepho...

  • Christopher Sequa Corporation v. Christopher
    28 F3d 512
    Charles Simpson Christopher was sued by Sequa Corporation and Chromalloy American Corporation in New York state court in early 1989. At the time the suit was filed, the plaintiffs had actual knowledg...

  • Leffall v. Dallas Independent School District B
    28 F3d 521
    Eighteen-year-old Dameon Steadham was killed by random gunfire in the parking lot of a public high school after a school dance. The principal question posed by this appeal is whether the decision of ...

  • Board Of Governors Of Federal Reserve System v. Dlg Financial Corp S Dlg Financial Corporation S
    29 F3d 993
    These consolidated appeals stem from two separate actions, one filed in the federal district court for the Northern District of Texas (hereafter the Dallas Court), and the other filed in the federal d...

  • United States v. L Lowe L Lowe
    29 F3d 1005
    This review of a summary judgment concerns the determinative factors for whether a corporation is required by its bylaw (indemnity, under certain conditions, for officers and directors sued "by reason...

  • Pillsbury Madison Sutro v. Lerner
    31 F3d 924
    This appeal arises out of various transactions involving the Adam Grant building, 114 Sansome Street, San Francisco, where appellant, the law firm of Pillsbury, Madison & Sutro (Pillsbury), rents ...

  • United States v. E McGill
    32 F3d 1138
    The defendant, Jarrett E. McGill, was convicted by a jury of two counts of bank robbery (the robberies occurred on August 10, 1992 and August 21, 1992) in violation of 18 U.S.C. Sec. 2113(a). Followi...

  • Sheppard Enoch Pratt Hospital Incorporated v. Travelers Insurance Company
    32 F3d 120
    Denzil G. Bolyard, a retired employee of American Telephone & Telegraph ("AT & T"), was hospitalized in Sheppard & Enoch Pratt Hospital, Inc. ("the Hospital") for a period of sixteen mont...

  • Keener v. Exxon Company Usa A
    32 F3d 127
    The question in this case is whether a gasoline station franchisee had an opportunity to exercise a valid right of first refusal as established by the Petroleum Marketing Practices Act ("PMPA"). See ...

  • Farris Fashions Inc v. National Labor Relations Board
    32 F3d 373
    In October, 1990, the Amalgamated Clothing and Textile Workers Union began an organizing drive at Farris Fashions, Inc., which manufactures clothing at two factories in Arkansas. The union lost a rep...

  • United States v. Pruitt
    32 F3d 431
    James Anthony Pruitt appeals the denial of his federal habeas corpus action pursuant to 28 U.S.C. Sec. 2255, attempting to set aside his sentence as imposed in violation of the Constitution of the Uni...

  • Orca Bay Seafoods v. Northwest Truck Sales Inc
    32 F3d 433
    Congress passed a law requiring true odometer disclosures on transfers of vehicles. The Secretary of Transportation wrote a regulation exempting large trucks. We hold that the regulation is invalid....

  • United States v. Arroyo Reyes
    32 F3d 561
    Defendant Juan Carlos Arroyo-Reyes appeals from a district court order denying him bail. For the following reasons, we affirm. On March 9, 1994, a federal grand jury returned a five count indictmen...

  • United States v. Parker
    32 F3d 561
    Defendant, Robert Parker, pled guilty to all counts of a twenty-count indictment charging him with making and presenting false claims, in violation of 18 U.S.C. Sec. 287, and mail fraud, in violation ...

  • United States v. M Burgos Rodriguez
    32 F3d 561
    Defendant argues that the five-year mandatory minimum sentence he received under 21 U.S.C. Sec. 841(b)(1)(B) constitutes cruel and unusual punishment and violates his asserted right to individualized ...

  • Austin v. Virginia Parole Board
    32 F3d 562
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Lewis v. L Faulk
    32 F3d 562
    Appellant appeals from the magistrate judge's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the magistrate judge's opinion discloses that this appeal ...

  • Henthorn v. J T Hadden
    32 F3d 562
    Appellant appeals from the district court's orders denying relief on his 28 U.S.C. Sec. 2241 (1988) petition, and denying his Fed.R.Civ.P. 59 motion for reconsideration. Our review of the record and ...

  • Davoudlarian v. Department Of Justice
    32 F3d 562
    In this action brought pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. Sec. 552, et seq., plaintiff, Dr. David K. Davoudlarian, sought to require the Federal Bureau of Investigation (FBI) ...

  • Kidd v. Unknown Defendants
    32 F3d 562
    Appellant appeals the district court's order dismissing some, but not all, of his claims under 42 U.S.C. Sec. 1983 (1988), and denying his pretrial motions. We dismiss the appeal for lack of jurisdic...

  • Balsamo Thomas v. Suzuki Motor Corporation
    32 F3d 562
    In this appeal we review the Orders of the United States District Court for the District of Maryland imposing monetary sanctions in the amount of $20,000 on appellant Richard W. Balsamo, counsel for p...

  • Carter v. Smith
    32 F3d 562
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Cashman v. C O Barnes
    32 F3d 562
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • United States v. Clark
    32 F3d 563
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion accepting the recommendation of the magistra...

  • United States v. Cardenas
    32 F3d 563
    Miguel Cardenas (Cardenas) appeals his conviction and sentence for conspiracy to distribute marijuana, 21 U.S.C.Secs. 841(a)(1) and 846. For the reasons stated herein, we affirm. * The evidence use...

  • Spears v. A Garraghty
    32 F3d 563
    Appellant, Larry Spears, seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion discloses that...

  • Gurry v. D States
    32 F3d 572
    MEMORANDUM Nevada state prisoner Carlos Gurry appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Gurry cl...

  • Cameron v. United States
    32 F3d 572
    MEMORANDUM Donald Larry Cameron appeals pro se the district court's dismissal of his Federal Tort Claims Act action prior to service of process. Cameron alleges that certain medical personnel at the...

  • Sanders v. Delevan M Cane
    32 F3d 572
    MEMORANDUM Norris Sanders, a California state prisoner, appeals pro se the district court's order dismissing his 42 U.S.C. Secs. 1983 and 1985(3) actions pursuant to 28 U.S.C. Sec. 1915(d) and Fed.R....

  • Dash v. United States
    32 F3d 572
    MEMORANDUM Gary Walter Dash appeals pro se the denial of his 28 U.S.C. Sec. 2255 motion. He contends that his sentence should be vacated because (1) the district court incorrectly advised him at the...

  • Bacon v. Gomez
    32 F3d 572
    MEMORANDUM Percy Lavae Bacon, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his sentence for robbery. Bacon co...

  • Cherry v. Wright
    32 F3d 572
    MEMORANDUM Washington state prisoner Darrell Cherry appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his convictions of attempted murder in the first ...

  • Bouma v. White
    32 F3d 572
    MEMORANDUM Ralph Bouma appeals pro se the district court's order granting defendant's motion to dismiss his 42 U.S.C. Sec. 1983 action pursuant to Fed.R.Civ.P. 12(b)(6). Bouma contends that Anita Wh...

  • United States v. A Elenteny
    32 F3d 572
    MEMORANDUM Joseph A. Elenteny appeals his sentence of 41 months imposed after he pleaded guilty to aiding and abetting the possession of a destructive device in violation of 18 U.S.C. Sec. 2 and 26 U...

  • Tedder v. S Ylst
    32 F3d 572
    MEMORANDUM California state prisoner Cecil R. Tedder appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his convictions of second degree murder and of p...

  • United States v. H Strawder
    32 F3d 573
    MEMORANDUM Richard H. Strawder appeals pro se his 71-month sentence imposed following entry of a guilty plea to manufacturing methaqualone, in violation of 21 U.S.C. Sec. 841(a)(1); attempting to ma...

  • United States v. Kash
    32 F3d 573
    MEMORANDUM John James Kash appeals his twelve-month sentence imposed following entry of a guilty plea to failing to appear for service of a sentence, in violation of 18 U.S.C. Sec. 3146(a)(2). Purs...

  • United States v. Leggett
    32 F3d 573
    MEMORANDUM Michael Kirk Leggett appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. Leggett contends that his guilty plea was involuntary, without counsel, and without an a...

  • United States v. Herrera Elias
    32 F3d 573
    MEMORANDUM Roberto Antonio Herrera-Elias appeals his 30-month sentence imposed following entry of a guilty plea to being present in the United States after a prior deportation, in violation of 8 U.S....

  • United States v. Grier
    32 F3d 573
    MEMORANDUM Roger Grier appeals his conviction, which followed a jury trial, for bank fraud in violation of 18 U.S.C. Secs. 1344. Grier claims the district court erred, first, by admitting evidence o...

  • United States v. J Tocki
    32 F3d 573
    MEMORANDUM In these consolidated cases, William J. Tocki appeals his conviction, which followed a plea of guilty to being a felon in possession of a firearm in violation of 18 U.S.C. Secs. 922(g), 92...

  • United States v. Smith
    32 F3d 573
    MEMORANDUM Dale Noel Smith, a federal prisoner, appeals pro se the denial of his fourth motion to vacate, set aside, or correct his sentence following his conviction in 1978 for murder, aiding and ab...

  • United States v. Fisher
    32 F3d 573
    MEMORANDUM William Tecumsah Fisher appeals the five-year sentence imposed upon revocation of probation. Fisher contends that the district court abused its discretion by imposing the five-year senten...

  • United States v. Piloto
    32 F3d 573
    MEMORANDUM Leopoldo Hernandez Piloto appeals the district court's denial of his motion to reduce his sentence pursuant to the former Rule 35 of the Federal Rules of Criminal Procedure. Piloto claims...

  • United States v. J Orena
    32 F3d 704
    Defendant-appellant Victor J. Orena appeals from a judgment of conviction entered May 26, 1993 in the United States District Court for the Eastern District of New York, Jack B. Weinstein, Judge, after...

  • Bethenergy v. Director
    32 F3d 843
    The issue presented by this appeal is a jurisdictional one pending as well in three other courts of appeals--whether the administrative bodies that adjudicate black lung claims or the district courts ...

  • United States v. J Dion
    32 F3d 1147
    Bernard Dion pled guilty to one count of misapplication of bank funds by a bank employee in violation of 18 U.S.C. Sec. 656. The district court sentenced Dion to ten months in the penitentiary. Dion...

  • United States v. Harper
    32 F3d 1387
    Kent Harper was convicted of mail fraud, equity skimming and conspiracy to commit mail fraud and equity skimming. See 18 U.S.C. Secs. 371 and 1341; 12 U.S.C. Sec. 1709-2; 18 U.S.C. Sec. 2. He clai...

  • Reebok International Ltd v. J Baker Inc
    32 F3d 1552
    Reebok International Ltd. (Reebok) appeals the December 29, 1993 order issued by the United States District Court for the District of Massachusetts denying Reebok's motion for a preliminary injunctio...

  • Securities and Exchange Commission v. D Wozniak W Bernard Bernard
    33 F3d 13
    The Securities and Exchange Commission brought suit under 15 U.S.C. Sec. 77v(a) against the perpetrators of a Ponzi-type securities fraud. The suit, which sought to recover the proceeds of the fraud ...

  • First Security Mortgage Company Malloy Iii v. Citizens Bank Of Sapulpa
    33 F3d 42
    Patrick J. Malloy III, of Malloy & Malloy, Inc., Tulsa, OK, for plaintiff-appellant. Stephen B. Riley and M.D. Bedingfield, of Riggs, Abney, Neal & Turpen, Tulsa, OK, for defendant-appellee....

  • Gregory v. M Saunders
    33 F3d 51
    Earl Linwood Gregory appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983 (1988) as against several defendants sued. We dismiss the appeal for lack of jurisdiction because...

  • Valencia v. United States
    33 F3d 56
    Petitioner Luis James Valencia files this pro se appeal after the denial of his second motion to vacate his sentence, filed pursuant to 28 U.S.C. Sec. 2255, in which he raised three claims. Petition...

  • Johnson v. County Of Los Angeles
    33 F3d 58
    Before: O'SCANNLAIN and NELSON, T.G., Circuit Judges, and MERHIGE, Senior District Judge. Johnson, pro se, appeals from judgment on a jury verdict against her, and from a post-trial order denying h...

  • Gasparian v. Atlantic Richfield Company
    33 F3d 58
    Before: D.W. NELSON and NOONAN, Circuit Judges, and KING, District Judge. MEMORANDUM Vanik Gasparian appeals the district court's grant of summary judgment in favor of Atlantic Richfield Co. ("AR...

  • House Of Stuart Inc v. Whirlpool Corporation
    33 F3d 58
    MEMORANDUM Whirlpool Corporation ("Whirlpool") appeals the district court's denial of its motions for judgment as a matter of law ("JNOV") and for a new trial pursuant to Fed.R.Civ.P. 50(b) and 59, r...

  • Sanchez Salvador v. Immigration and Naturalization Service
    33 F3d 59
    MEMORANDUM Jose Sanchez-Salvador petitions for review of a decision of the Board of Immigration Appeals finding him deportable and denying him discretionary relief from deportation. He alleges that ...

  • Lennie v. A Radcliffe
    33 F3d 59
    MEMORANDUM The District Director of the Immigration and Naturalization Service appeals the district court's entry of an order enjoining Lennie's deportation "until final resolution of the motion to r...

  • Lars v. Aispuro
    33 F3d 59
    Before: O'SCANNLAIN and NELSON, T.G., Circuit Judges, and MERHIGE, Senior District Judge. Lars, a state prisoner, appeals from the district court's order denying his application for writ of habeas ...

  • Schneider
    33 F3d 59
    MEMORANDUM Jack Marshall and Jaime, Scott and Jeremy Schneider (collectively the "appellants") appeal the district court's orders granting the defendants' motions for summary judgment. All of the ap...

  • United States v. Marroquin
    33 F3d 60
    Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges, and MERHIGE, District Judge. MEMORANDUM Because the parties are familiar with the facts, we do not recite them here. A. Relevant Conduct to ...

  • United States v. Harper
    33 F3d 60
    Likewise, Harper's equity skimming conviction is supported by the evidence. His contention that he made no "purchase" within the meaning of the statute because he acquired the homes while their loans...

  • United States v. Stoner
    33 F3d 60
    Before: O'SCANNLAIN AND NELSON, T.G., Circuit Judges, and Merhige, Senior District Judge. Stoner appeals from the district court's order of December 4, 1992, denying her motion to suppress evidence...

  • United States v. Yanez Baldenegro
    33 F3d 61
    MEMORANDUM Cruz Yanez-Baldenegro (Yanez) and Ramon Felipe Alvarado-Lopez (Alvarado) appeal their jury convictions for conspiracy, importation and possession of cocaine. We affirm. We reject Yanez'...

  • Crawford v. K Skinner
    35 F3d 565
    Before: JONES and BATCHELDER, Circuit Judges, and JOINER, Senior District Judge. Plaintiff appeals a district court judgment for the defendant following a bench trial in his employment discriminati...

  • Grant v. General Motors Corporation
    35 F3d 565
    Before: GUY and BATCHELDER, Circuit Judges; and MCCALLA, District Court Judge The plaintiff, Pat L. Grant (Grant) appeals a district court order granting summary judgment for the defendant, General...

  • John D Kirk v. Ricky Estes
    35 F3d 566
    Before: JONES and BATCHELDER, Circuit Judges, and HOOD, District Judge. This pro se Tennessee prisoner appeals a district court judgment entered in favor of the defendant following a jury trial on ...

  • Meeks v. W Reynolds
    35 F3d 566
    Before: JONES and BATCHELDER, Circuit Judges, and HOOD, District Judge. This pro se Tennessee prisoner appeals a district court order granting summary judgment in favor of defendants and dismissing...

  • Leandre v. Marriott Corporation
    35 F3d 568
    George Leandre, a 52-year-old black male from St. Lucien, filed suit pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e, and the Age Discrimination in Employment Act (ADEA), 2...

  • United States v. H Charania
    35 F3d 568
    Before RIPPLE and MANION, Circuit Judges, and GRANT, District Judge. Abdulaziz H. Charania pled guilty to the unauthorized transfer of food stamp coupons in violation of 7 U.S.C. Sec. 2024(b)(1). H...

  • United States v. A Howell T Iii
    37 F3d 1197
    George T. Howell was convicted in the district court of three counts of being a felon in possession of firearms in violation of 18 U.S.C. Sec. 922(g)(1). His wife, Shanta Howell, was convicted of mak...

  • United States v. Herron
    38 F3d 115
    The government appeals an order dismissing an indictment against Ray Herron, Jr. The indictment charged Herron as a felon in possession of firearms, in violation of 18 U.S.C. Sec. 922(g)(1). We rever...

  • United States v. Fondren
    54 F3d 533
    Olivia W. Karlin and Craig Wilke, Deputy Federal Public Defenders, Los Angeles, CA, for defendant-appellant. Daniel S. Goodman, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee. Appeal fr...

  • Wilkerson v. P Whitley P
    28 F3d 498
    Robert Wilkerson was convicted of second-degree murder and sentenced to life imprisonment in 1975. Prior to the conviction's becoming final, the United States Supreme Court declared Louisiana's jury ...

  • United States v. Bush A M
    28 F3d 1084
    These appeals arise out of a cocaine distribution conspiracy. Six defendants were found guilty by a jury of conspiracy to possess with intent to distribute cocaine; one of those defendants--Roberto ...

  • Tucker v. Southern Wood Piedmont Company
    28 F3d 1089
    The interplay between a state statute of limitations and a federal law establishing the accrual date for actions involving exposure to hazardous substances forms the basis of this case. The plaintiff...

  • Pacific Insurance Company v. General Development Corp F F P P T I W J Od R L T A A O Iii H M G A
    28 F3d 1093
    Pacific Insurance Co. appeals from an interlocutory order directing the company to pay the defense costs of four directors and officers of General Development Corp. (GDC). We dismiss the appeal as m...

  • Resolution Trust Corporation v. M Artley
    28 F3d 1099
    The district court applied the federal common law doctrine of "adverse domination" to toll the state statute of limitations governing plaintiff's claims. We decide, under Georgia law, that the limita...

  • United States v. W Beuttenmuller R
    29 F3d 973
    Rudolph W. Beuttenmuller and Larry R. Gill appeal criminal convictions arising out of their involvement in a complex real estate sales transaction involving the now-failed Shamrock Federal Savings Ban...

  • Hunnings v. Texaco Inc
    29 F3d 1480
    The plaintiffs in this diversity action, John J. and Donna Hunnings, individually and as personal representatives of the estate of their son, David B. Hunnings, appeal from the judgment of the United ...

  • Sweet Home Chapter Of Communities For Great Oregon v. Babbitt
    30 F3d 190
    Upon consideration of appellees' petition for rehearing, the response thereto, and the reply, it is ORDERED, by the Court, that the petition is denied. Chief Judge MIKVA would grant the petition fo...

  • McCall v. K Delo
    31 F3d 750
    In 1978 a Missouri jury convicted Burdell McCall of manslaughter, first degree robbery, and armed criminal action in connection with the slaying of Marie Winchester. The Missouri Court of Appeals aff...

  • Santa Barbara County Air Pollution Control District v. Us Environmental Protection Agency
    31 F3d 1179
    The County of Santa Barbara Air Pollution Control District ("Santa Barbara" or "County") challenges the Environmental Protection Agency's regulations governing air pollution from sources on the Outer ...

  • Baltimore Boulevard Incorporated v. Prince Georges County Maryland
    32 F3d 109
    11126 Baltimore Boulevard, Incorporated, t/a Warwick Books, brought this action pursuant to 42 U.S.C.A. Sec. 1983 (West 1981), claiming that the Prince George's County, Maryland adult bookstore ordina...

  • United States v. Sanders
    32 F3d 299
    Jesse Sanders was convicted by jury of conspiracy to possess over 500 grams of cocaine, in violation of 21 U.S.C. Secs. 846 and 841(a)(1), possession with intent to distribute 900 grams of cocaine, in...

  • United States v. G Johnson
    32 F3d 304
    Ben Johnson was charged with possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1). After a one-day jury trial, he was convicted on this single count. He now appeals,...

  • Reich Us v. Hoy Shoe Company Inc
    32 F3d 361
    Counsel who presented argument on behalf of the appellant Ronald Gottlieb, Washington, DC, argued (Judith E. Kramer, Joseph M. Woodward, Ann Rosenthal and Ronald J. Gottlieb, on the brief), for appell...

  • United States v. Farmer
    32 F3d 369
    James Fremont Farmer, Sr., appeals his conviction and 180-month sentence for assault with a dangerous weapon, aggravated sexual abuse and kidnapping in violation of 18 U.S.C. Secs. 113(c), 1153, 2241(...

  • United States v. Fondren
    32 F3d 429
    Olivia W. Karlin and Craig Wilke, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant. Daniel S. Goodman, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee. Appeal fro...

  • United States v. Sauer
    32 F3d 570
    Roy Sauer was arrested on November 29, 1993 as a result of an investigation into his drug trafficking activities. After his arrest he agreed to cooperate with authorities investigating other individu...

  • United States v. Jackson
    32 F3d 570
    Eric Jackson and Tony Varela were drug dealers. They met in 1988, and during that year Jackson twice bought two kilograms of cocaine from Varela for $20,000 per kilogram. Jackson found a cheaper sup...

  • Jenkins v. Jenkins
    32 F3d 572
    MEMORANDUM Gordon Wayne Jenkins appeals the district court's affirmance of the bankruptcy court's determination that his debt to First Interstate Bank of Idaho is not dischargeable under section 523(...

  • Suzal v. Director United States Information Agency
    32 F3d 574
    Savas Suzal has appealed the district court's dismissal of his lawsuit against his former employer, the Voice of America. We do not review the district court's decision that Suzal's claims fail on th...

  • Ortho Pharmaceutical Corporation v. Cosprophar Inc
    32 F3d 690
    This appeal arises from a suit brought by Ortho Pharmaceutical Corporation ("Ortho"), the manufacturer of two products effective for treating skin aged by exposure to the sun, seeking to enjoin Cospro...

  • Jackson National Life Insurance Company v. Merrill Lynch and Co Inc and
    32 F3d 697
    Plaintiff Jackson National Life Insurance Company ("Jackson National") appeals from a judgment of the United States District Court for the Southern District of New York (John F. Keenan, Judge ), that ...

  • United States v. J Jackson
    32 F3d 1101
    Kelly J. Jackson challenges his sentence for bank fraud on the ground that the district court failed to give any notice of its intent to impose a two-level enhancement for abuse of a position of trust...

  • Dickerson v. Board Of Education Of Ford Heights Illinois
    32 F3d 1114
    Mary Dickerson, who is seventy-seven years old, filed this age discrimination action against the Board of Education of Ford Heights, Illinois in August 1990. In 1993, after Dickerson had missed two d...

  • Klosterman v. Western General Management Inc
    32 F3d 1119
    Edward and Debbie Klosterman ("appellants") appeal a district court order entering summary judgment against them on each count of their complaint against Western General Management, Inc. In their com...

  • Williams
    32 F3d 1265
    The City of Texarkana, Arkansas, appeals from the district court's judgment ordering implementation of a remedial plan entered following the district court's ruling that the scheme for electing member...

  • United States v. Omeara
    33 F3d 20
    Timothy John O'Meara appeals the district court's judgment revoking his supervised release and imposing a 33-month prison term. We vacate the judgment and remand with instructions. At O'Meara's rev...

  • Delgado v. Jb Bogan
    33 F3d 54
    This pro se federal prisoner appeals a district court judgment dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2241. Additionally, Delgado requests the appointmen...

  • Foster v. City Of Cleveland Heights
    33 F3d 54
    Ernel Foster, a pro se Ohio prisoner, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. Sec. 1983 and various state laws. The case has been referred ...

  • Erby v. Apelgren
    33 F3d 54
    Before: MARTIN and SUHRHEINRICH, Circuit Judges, and JORDAN, District Judge. Maurice Erby, a Michigan state prisoner, moves for the appointment of counsel and appeals a district court judgment for ...

  • Bracey v. Secretary Of Health and Human Services
    33 F3d 54
    Bernice Bracey appeals pro se from a district court judgment which affirmed the Secretary's denial of her application for social security disability benefits. Her appeal has been referred to a panel ...

  • Couch v. Bailey Cto
    33 F3d 54
    This pro se Kentucky state prisoner appeals a district court judgment granting defendant Debbie Bailey summary judgment and dismissing his civil rights complaint filed pursuant to 42 U.S.C. Sec. 1983....

  • Ub Sudan v. Heller P R
    33 F3d 55
    Prince U.B. Sudan appeals a grant of summary judgment for defendants in this civil rights action filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court pursuant to Rule 9...

  • Snell v. Makel
    33 F3d 55
    Andre D. Snell, a pro se Michigan prisoner, appeals a district court judgment denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254. Additionally, he has filed a moti...

  • Allen Myland Inc v. International Business Machines Corporation
    33 F3d 194
    Allen-Myland, Inc. ("AMI") appeals from the district court's judgment in favor of IBM in this intricate antitrust tying case. We conclude that the district court erred and will vacate its judgment a...

  • Trent Dc
    33 F3d 217
    Appellant Earl Trent challenges a district court's decision to abstain from hearing his case until a similar state court case is resolved. We will affirm. Trent receives dialysis treatment at defen...

  • McConaughy v. United States
    34 F3d 1066
    Before MURNAGHAN and WILLIAMS, Circuit Judges, and HILTON, United States District Judge for the Eastern District of Virginia, sitting by designation. Appellants Peter F. and Jacqueline W. McConaughy...

  • Becker v. Internal Revenue Service
    34 F3d 398
    Plaintiffs-appellants ("the Beckers") brought this action for declaratory and injunctive relief under the Freedom of Information Act, 5 U.S.C. Sec. 552 ("FOIA"), and the Privacy Act, 5 U.S.C. Sec. 552...

  • Indianapolis Colts Inc v. Metropolitan Baltimore Football Club Limited Partnership L
    34 F3d 410
    The Indianapolis Colts and the National Football League, to which the Colts belong, brought suit for trademark infringement (15 U.S.C. Secs. 1051 et seq.) against the Canadian Football League's new te...

  • Harris Ii v. W Murray
    34 F3d 1066
    Appellant appeals from the district court's orders denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is ...

  • Knight v. Norfolk City Jail
    34 F3d 1066
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • United States v. Hummer
    34 F3d 1067
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • United States v. M Kelly
    34 F3d 1067
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • United States v. Boguess
    34 F3d 1067
    Kathy Mae Boguess (Mrs. Nease) pleaded guilty to a criminal information that charged a violation of 18 U.S.C.Sec. 1001, making a false statement in a matter within the jurisdiction of a department or ...

  • Traywick v. Medical University Of South Carolina
    34 F3d 1067
    Appellant filed this civil action against the Medical University of South Carolina alleging that he was dismissed from the College of Dentistry without due process. The case was referred to a magistr...

  • United States v. Mason
    34 F3d 1067
    On August 15, 1990, a jury found Thomas Mason guilty of unlawfully possessing a firearm by a convicted felon in violation of 18 U.S.C. Sec. 922(g). The district court sentenced him to thirty-three mo...

  • Calkins v. Vail
    34 F3d 1071
    MEMORANDUM Donald W. Calkins (also known as Donald W. Wilson), a Washington state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. Calkins challenges ...

  • Cash Flow Investors Incorporated v. Union Oil Company Of California A
    34 F3d 1071
    Before: TANG and WIGGINS, Circuit Judges, and HENDERSON, District Judge. MEMORANDUM Cash Flow Investors, Inc. ("Cash Flow"), the owner of a previous gas station site, sought contribution under Or...

  • Brennan v. San Juan County Sheriffs Dept
    34 F3d 1071
    MEMORANDUM We affirm entry of summary judgment against Leslie L. Brennan on her numerous federal and state discrimination and tort claims against Sheriff Cumming and the San Juan County Sheriff's Dep...

  • Chivars v. G Borg
    34 F3d 1071
    MEMORANDUM John Chivars, a California state prisoner, appeals pro se the district court's denial of his petition for writ of habeas corpus. Chivars is serving a sentence of 25 years to life for firs...

  • Fischer v. United States
    34 F3d 1072
    MEMORANDUM After rejecting an agreement under which he would have plead guilty to a pre-Sentencing Guidelines offense with a sentence of 90 months, plaintiff-appellant Robert Fischer was convicted by...

  • Moore v. Bj Bunnell
    34 F3d 1072
    MEMORANDUM Donnell Moore appeals pro se the district court's denial of his petition for writ of habeas corpus. Moore claims his convictions of first degree murder and attempted murder should be reve...

  • Stonum v. Cch Computax Inc
    34 F3d 1073
    MEMORANDUM Dywayne Carl Stonum appeals pro se the district court's summary judgment in favor of CCH Computax, Inc. (Computax) in his action under Title VII of the Civil Rights Act of 1964, 42 U.S.C....

  • Piper v. Alaska Airlines Inc
    34 F3d 1073
    MEMORANDUM Piper appeals the district court's grant of summary judgment for Alaska Airlines on his claims of race discrimination and various state law tort claims. We have jurisdiction under 28 U.S....

  • Hing Tin Ngai v. Immigration and Naturalization Service
    34 F3d 1073
    MEMORANDUM Hing-Tin Ngai, a native and citizen of Hong Kong, petitions for review of the decision of the Board of Immigration Appeals which denied his petition to reopen deportation proceedings after...

  • People Of Territory Of Guam v. Mikel
    34 F3d 1073
    Before: NORRIS, THOMPSON, and TROTT, Circuit Judges MEMORANDUM Defendant Lee Adam Mikel was convicted in 1992 of Aggravated Murder, 9 Guam Code Ann. ("G.C.A.") Sec. 16.30(a)(2) (1987), First Degre...

  • United States v. Andrew
    34 F3d 1074
    MEMORANDUM Judy Andrew appeals her sentence of ten months imprisonment and three years supervised release, imposed following the entry of a guilty plea to theft and receipt of stolen mail matter in v...

  • United States v. Gedjeyan Gedjeyan
    34 F3d 1074
    Before: REINHARDT and NOONAN, Circuit Judges, and TANNER, District Judge. MEMORANDUM On January 7, 1992, Appellant Hovannes Gedjeyan's trial on charges of bank fraud, aiding and abetting bank embe...

  • United States v. Hunter
    34 F3d 1074
    MEMORANDUM Michael Edward Hunter appeals his sentence of 57 months imposed after he pleaded guilty to assault with a dangerous weapon with intent to do bodily harm in violation of 18 U.S.C. Sec. 113(...

  • United States v. Beltran Penuelas
    34 F3d 1074
    MEMORANDUM Because the parties are familiar with the facts, we do not restate them here. We affirm Vidal's marijuana possession and conspiracy convictions. We also affirm Arturo's conspiracy and po...

  • United States v. Bustos Solano
    34 F3d 1074
    MEMORANDUM Albertino Bustos-Solano (Albertino) and Margarito Penaloza-Bustos (Margarito) appeal their respective 21- and 30-month sentences imposed following entry of their guilty pleas to distributi...

  • United States v. Sarmiento Flores
    34 F3d 1075
    MEMORANDUM Julio Sarmiento-Flores appeals his sentence of sixty months imposed after he pleaded guilty to reentering the United States following a felony conviction, in violation of 8 U.S.C. Sec. 132...

  • Weinstein v. Lewis Weinstein
    34 F3d 1075
    MEMORANDUM Eric Haywood Weinstein, an Arizona state prisoner, appeals pro se the district court's order denying his consolidated motion for relief from judgment pursuant to Fed.R.Civ.P. 60(b) in his ...

  • United States v. Whitson
    34 F3d 1075
    MEMORANDUM Tommie Darrell Whitson appeals the 168-month sentence imposed following his plea of guilty to bank robbery in violation of 18 U.S.C. Sec. 2113(a). Whitson contends the district court erre...

  • United States v. W White
    34 F3d 1075
    MEMORANDUM Charles White and Richard Strickland appeal their convictions for possession of unauthorized access devices; interstate transportation of stolen property; receiving, delivering, retainin...

  • Murray v. National Broadcasting Company Inc
    35 F3d 45
    Appellant's petition for rehearing raises an institutional issue of court procedure that merits a brief opinion. The issue is whether a case may be validly adjudicated by a panel of two circuit judge...

  • Smith v. Brown
    35 F3d 1516
    The Secretary of Veterans Affairs appeals the decision of the United States Court of Veterans Appeals (Veterans Court) in Smith v. Principi, 3 Vet.App. 378 (1992), holding that otherwise final decisio...

  • Kowalczyk v. United States Department Of Justice
    36 F3d 1112
    We sua sponte consider whether this court has jurisdiction over Chester Kowalczyk's appeal of an order of the United States District Court for the District of Columbia. Kowalczyk brought a Freedom o...

  • United States v. Fondren
    43 F3d 1228
    Olivia W. Karlin and Craig Wilke, Deputy Federal Public Defenders, Los Angeles, CA, for defendant-appellant. Daniel S. Goodman, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee. Appeal fr...

  • National Association Of Life Underwriters Inc v. Commissioner Of Internal Revenue
    30 F3d 1526
    National Association of Life Underwriters, Inc. ("NALU"), is a federation of state and local associations of life insurance underwriters (referred to collectively simply as "local associations"), and...

  • Entertainment Inc v. City Of Dallas Texas
    28 F3d 492
    In this case we must decide whether the restrictions imposed by the defendant/appellant, the City of Dallas ("the City"), on the advertising of "Class D Dance Halls" are consistent with the First and ...

  • Pace Communications Incorporated v. Moonlight Design Incorporated
    31 F3d 587
    Moonlight Design, Inc. imports and sells bridal gowns. It sought to advertise its gowns in Elegant Bride, a bimonthly bridal magazine owned by Pace Communications, Inc. Moonlight Design promised to ...

  • Smith v. B Ricks Smith
    31 F3d 1478
    Dr. John Smith, a cardiologist, was removed from the staff of Good Samaritan Hospital. After a lengthy peer review process, the reviewing doctors and the hospital concluded that Dr. Smith's performan...

  • Volges v. Resolution Trust Corporation Resolution Trust Corporation Volges
    32 F3d 50
    This appeal presents the issue of whether courts have subject matter jurisdiction to enjoin the Resolution Trust Corporation ("RTC") from disposing of assets of a failed institution under the RTC's re...

  • United States v. Camps
    32 F3d 102
    A jury convicted Darryl Pernell Camps of conspiring to possess with intent to distribute and to distribute cocaine base, in violation of 21 U.S.C. Sec. 846; of using fire and an explosive in committi...

  • Zimmer St Louis Inc v. Zimmer Company
    32 F3d 357
    For about seven and a half years, Zimmer St. Louis, Inc. (ZSL), was a distributor for orthopedic implants and associated surgical instruments that were manufactured by the Zimmer Company (Zimmer). I...

  • Bradley v. M Daley
    32 F3d 570
    Dawn Bradley filed this suit against Richard M. Daley, the Mayor of Chicago, purporting to raise various constitutional claims. The district court denied Bradley's petition to proceed in forma pauper...

  • United States v. Fermin
    32 F3d 674
    Defendants Freddy Fermin ("Freddy"), Juan Fermin ("Juan"), and Hector Fermin ("Hector") appeal from judgments of conviction and sentences on various narcotics and firearm offenses entered by the Unite...

  • United States v. J Silkowski
    32 F3d 682
    This appeal raises the issue of whether a district court may consider criminal conduct outside the applicable statute of limitations when determining the appropriate sentence of incarceration and rest...

  • Electric Insurance Company v. Rubin
    32 F3d 814
    Nathan and Patricia Rubin, who are husband and wife, appeal from an order in these consolidated diversity of citizenship cases granting summary judgment to Electric Insurance Company and declaring tha...

  • Salvatore Petruzzelli v. Pacific Rail Service
    32 F3d 820
    Appellees/cross-appellants are 23 of 28 former yard and clerical employees of Pennsylvania Truck Lines, Inc. ("PTL") who asserted that appellant/cross-appellee Pacific Rail Services ("Pacific Rail") ...

  • Thomas v. O Gunter
    32 F3d 1258
    Ralph Thomas brought this Sec. 1983 action against officials of the Omaha Correctional Center ("the OCC") and the Nebraska Department of Correctional Services for alleged violations of his First and F...

  • Kearns v. Chrysler Corporation
    32 F3d 1541
    Chrysler Corporation and Robert W. Kearns appeal and cross-appeal, respectively, from the final judgment of the United States District Court for the Eastern District of Michigan awarding Kearns $18,74...

  • Pritt v. E Shalala
    33 F3d 52
    Appeal from the United States District Court for the District of Maryland, at Baltimore. Joseph H. Young, Senior District Judge. (CA-92-2250-Y) ARGUED: Anthony R. Mignini, Mignini, Raab & Lid...

  • Wicker v. N Martin Iii
    33 F3d 53
    Bennie Wicker appeals from a district court order dismissing his 28 U.S.C. Sec. 2254 (1988) petition. We deny a certificate of probable cause to appeal and dismiss. All of the claims brought by Wic...

  • Crawford v. Pritchard
    33 F3d 54
    Before: GUY and BOGGS, Circuit Judges, and CLELAND, District Judge. David Crawford, a pro se Ohio prisoner, appeals a district court judgment dismissing his civil rights complaint filed pursuant to...

  • Basinger v. Secretary Of Health and Human Services
    33 F3d 54
    Ralph Basinger appeals a district court judgment affirming the Secretary's denial of his application for social security disability insurance benefits. The parties have waived oral argument, and this...

  • Lester v. Zurn Industries Inc
    33 F3d 54
    Robert Lester, a pro se Ohio citizen, appeals a district court order denying his motion for relief from judgment, filed pursuant to Fed.R.Civ.P. 60(b), in this civil action brought under the Fair Labo...

  • Jacobs v. T Metcalfe
    33 F3d 54
    Phillip D. Jacobs, a pro se Ohio prisoner, appeals a district court order granting summary judgment for the defendants in his civil rights action filed under 42 U.S.C. Sec. 1983. The case has been re...

  • United States v. Burton
    33 F3d 55
    The defendant, Donald Wayne Burton, pleaded guilty to a charge of conspiracy to distribute cocaine hydrochloride and was sentenced to 70 months in prison, followed by a five-year term of supervised re...

  • United States v. Tolliver
    33 F3d 55
    Before: MARTIN and SUHRHEINRICH, Circuit Judges, and JORDAN, District Judge. Lonnie Arnez Tolliver appeals his convictions and sentence for conspiracy to distribute cocaine base and possession of c...

  • Gonzalez v. United States
    33 F3d 1047
    Federal prisoner Miguel Angel Gonzalez appeals the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate or modify his 168-month sentence, which was imposed after his guilty pleas to one...

  • In Re Thomas Ph Warmerdam and Bernard Jh Verwer
    33 F3d 1354
    Thomas P.H. Warmerdam and Bernard J.H. Verwer (collectively Warmerdam or appellants) appeal the January 28, 1993 decision of the Patent and Trademark Office Board of Patent Appeals and Interferences (...

  • Chap Van Ta v. General Dynamics Convair Division
    34 F3d 1071
    MEMORANDUM Chap Van Ta (Chap) appeals pro se the district court's dismissal of his employment discrimination action against General Dynamics-Convair (GDC) for failure to prosecute and to obey a court...

  • Av Costantini v. Medical Board Of California E P
    34 F3d 1071
    MEMORANDUM Antonio V. Costantini appeals pro se the district court's dismissal of his amended complaint under Federal Rule of Civil Procedure 12(b)(6). We affirm. Costantini was the principal offi...

  • Bodo v. Immigration and Naturalization Service
    34 F3d 1071
    Before: REINHARDT and T.G. NELSON, Circuit Judges, and KAUFMAN, District Judge. MEMORANDUM A Hungarian alien seeks review of a decision of the Board of Immigration Appeals affirming the immigratio...

  • Merrifield v. J Arave
    34 F3d 1072
    MEMORANDUM John D. Merrifield, an Idaho state prisoner, appeals pro se the denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his first degree murder conviction. Merrifield contend...

  • Fawcett v. F Hames
    34 F3d 1072
    MEMORANDUM Alan Fawcett, an Alaska state prisoner, appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. The district court determined that Fawcett ...

  • Thompson v. Keohane E
    34 F3d 1073
    MEMORANDUM Carl Thompson appeals the district court's denial of his petition for writ of habeas corpus. Thompson alleges that his incarceration violates the Constitution because the state trial cour...

  • Toney v. United States
    34 F3d 1073
    MEMORANDUM Marlondo Ansara Toney, a federal prisoner, appeals pro se the denial of his second 28 U.S.C. Sec. 2255 motion. He contends that the district court erred by finding his motion procedurally...

  • Rivera Sanchez v. Crist
    34 F3d 1073
    MEMORANDUM Jose Albert Rivera-Sanchez, an Arizona state prisoner, appeals pro se the district court's denial of his 42 U.S.C. Sec. 2254 habeas corpus petition challenging his convictions for aggravat...

  • United States v. Castro
    34 F3d 1074
    MEMORANDUM Roberto Nicolas Castro appeals his sentence imposed following remand from this court. We have jurisdiction under 28 U.S.C. Sec. 1291, and we affirm. Castro was convicted for conspiracy ...

  • United States v. A Clapp
    34 F3d 1074
    MEMORANDUM Robert A. Clapp appeals his 27-month sentence imposed following entry of a guilty plea to conspiracy to smuggle steroids into the United States, in violation of 18 U.S.C. Secs. 371, 545, a...

  • United States v. Gilbeaux
    34 F3d 1074
    MEMORANDUM Kevin Charles Gilbeaux appeals his conviction following entry of an unconditional guilty plea to armed bank robbery in violation of 18 U.S.C. Sec. 2113(a) and (d). Gilbeaux contends the p...

  • United States v. Lewis
    34 F3d 1074
    MEMORANDUM Louis James Lewis appeals his conviction and 210-month sentence imposed following a jury trial for possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1). ...

  • United States v. Aguilar Higuerra
    34 F3d 1074
    MEMORANDUM Audor Aguilar-Higuerra appeals his sentence of seventy months imposed after he pleaded guilty to reentering the United States following a felony conviction, in violation of 8 U.S.C. Sec. 1...

  • Wiggins Ii v. Rowland B
    34 F3d 1075
    MEMORANDUM Weldon Eugene Wiggins II, a California state prisoner, appeals pro se the district court's summary judgment in favor of the defendant prison officials in this 42 U.S.C. Sec. 1983 civil rig...

  • Williams v. E Shalala
    34 F3d 1075
    MEMORANDUM Truman Williams appeals pro se the district court's grant of summary judgment in favor of the Secretary of Health and Human Services. Williams contends that the Secretary violated his con...

  • United States v. Reyes
    34 F3d 1075
    Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges; MERHIGE, District Judge. MEMORANDUM * Reyes asserts that the various references to his "prior legal problems" constituted improper admission o...

  • United States v. Rochelle
    34 F3d 1075
    MEMORANDUM Arthur Rex Rochelle appeals his 27-month sentence, imposed following entry of guilty pleas to wire fraud in violation of 18 U.S.C. Sec. 1343, manufacturing armor-piercing ammunition in vio...

  • Brenner v. Brown
    36 F3d 18
    Following a bench trial in this employment discrimination case, the district court entered judgment in favor of defendant. Plaintiff appeals. Plaintiff contends that she was denied a promotion based...

  • United States v. A Theurer
    36 F3d 1099
    On May 22, 1992, Sharon A. Theurer was arraigned on charges of theft of government money in violation of 18 U.S.C. Sec. 641 (Count 1 of the indictment), and making false statements to a government age...

  • United States v. Jackson
    36 F3d 1099
    Albert Jackson ("Jackson") was convicted of conspiracy to distribute cocaine in violation of 21 U.S.C. Secs. 846 and 841(a)(1) (count I) and distribution of cocaine and aiding and abetting in violatio...

  • United States v. S Robinson
    36 F3d 1099
    After a jury trial, Gregory Robinson was convicted of possession with intent to distribute a total of 2.7 grams of crack (cocaine) in violation of 21 U.S.C. Sec. 841(a)(1). Robinson was sentenced to ...

  • United States v. Knowles
    29 F3d 947
    Fort Worth police officers arrested Rodney Eugene Knowles on the campus of Eastern Hills High School on April 15, 1992. Knowles, who had previously been convicted of a felony, was carrying a fully lo...

  • United States v. Brown
    29 F3d 953
    Appellants Julio Castro, Brenda Brown Thurman and Calvin Brown appeal their convictions on drug trafficking charges. Castro also appeals his sentence. The government appeals the sentences imposed ag...

  • United States v. Solomon
    29 F3d 961
    Defendant-Appellant David James Solomon was convicted of four counts of possession with intent to distribute crack cocaine, two counts of using a gun in relation to drug trafficking, and two counts of...

  • Brown v. Forest Oil Corp Brown
    29 F3d 966
    James Brown, an employee of Production Operators, Inc. ("POI"), was injured while working on an offshore platform located on the outer continental shelf off the coast of Louisiana. To recover for th...

  • Roberts v. K Singletary
    29 F3d 1474
    Rickey Bernard Roberts ("Roberts"), a Florida prison inmate convicted in 1985 of first-degree murder, armed sexual battery, and armed kidnapping, appeals the district court's judgment denying his peti...

  • United States v. Shaw
    30 F3d 26
    Patricia A. Shaw pleaded guilty in 1988 to manufacture of methamphetamine, conspiracy to manufacture and possess with intent to distribute methamphetamine, and unlawful possession of a machine gun. B...

  • United States v. A Abreo
    30 F3d 29
    Appellant, Dario Abreo, pled guilty to money laundering in violation of 18 U.S.C. Sec. 1956(a)(1)(A). He contends that 1) the district court did not comply with Rule 11(d); 2) his plea was not volun...

  • Aurora v. Burlington Northern Railroad Company A
    31 F3d 724
    After Ann Aurora learned her twenty-four-year-old son was seriously injured in a truck accident, Aurora brought this diversity action against the Burlington Northern Railroad Company (the Railroad) as...

  • United States v. Howell
    31 F3d 740
    Ronald Harvey Howell appeals his conviction for growing marijuana with intent to distribute and for maintaining a place for the purpose of growing marijuana in violation of 21 U.S.C. Secs. 841(a)(1) a...

  • Stewart v. C Nix
    31 F3d 741
    Ronald Lee Stewart appeals from the district court's order denying his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254. Stewart argues that the district court erred in denying his requ...

  • Hicks v. Omeara
    31 F3d 744
    The plaintiffs, Gary and Teresa Hicks, seek statutory minimum and overtime wages arising out of their work for the defendants, Thomas and Carolyn O'Meara. The District Court granted summary judgment ...

  • United States v. Whitfield
    31 F3d 747
    Odell Whitfield appeals his conviction and his sentence for mailing threatening letters to a magistrate judge in violation of 18 U.S.C. Sec. 876 (1988). We affirm. In March 1986, Whitfield made a p...

  • Bianchi Of California v. J Perry
    31 F3d 1163
    M. Bianchi of California (MBOC) appeals the July 31, 1992 decision of the Armed Services Board of Contract Appeals (ASBCA or board), ASBCA Nos. 37029 and 37071 (consolidated), denying MBOC royalties b...

  • United States v. Mittelstaedt
    31 F3d 1208
    Defendant John Johnsen served as the consulting engineer for two Long Island communities, and abused his influence with local government on zoning and planning matters by engaging in real estate proje...

  • United States v. Jones
    31 F3d 1304
    ARGUED: Marilyn Gerk Ozer, Winston & Massengale, Chapel Hill, NC, for appellant. Robert Holt Edmunds, Jr., U.S. Atty., Greensboro, NC, for appellee. ON BRIEF: Barry T. Winston, Winston & M...

  • Jackson v. City Of Cookeville
    31 F3d 1354
    Plaintiff-Appellee Henry Paul Jackson filed this age discrimination claim against the City of Cookeville and its City Manager, alleging that Jackson was forced to retire from his job as assistant poli...

  • Fittshur v. Village Of Menomonee Falls
    31 F3d 1401
    Robert Fittshur brought an action under 42 U.S.C. Sec. 1983, against the Village of Menomonee Falls, Wisconsin, and its insurers (collectively, "the Village"). Fittshur stated a variety of claims, am...

  • United States v. M Palomba
    31 F3d 1456
    On October 22, 1990, Appellant Joseph Palomba (Palomba) was convicted of mail fraud, wire fraud and making false statements to a federal agency, in violation of 18 U.S.C. Secs. 1341, 1343 and 1001. H...

  • United States v. Valdez Soto
    31 F3d 1467
    There may be no loyalty among thieves, but there sometimes is among drug dealers. When called by the government, such witnesses occasionally change their story. The principal issue raised in these c...

  • United States v. Medina
    32 F3d 40
    On appeal, Medina argues that his conviction on Count One must be reversed because (a) the evidence is insufficient to establish either that Medina conspired with Lopez before he became a government i...

  • United Steelworkers Of America v. Crown Cork and Seal Co Inc A Thomas
    32 F3d 53
    Alan D. Berkowitz (argued), Dechert, Price & Rhoads, Philadelphia, PA, for appellant in No. 93-2008, Crown Cork & Seal Co., Inc. David I. Goldman (argued), Pittsburgh, PA, for appellee in No...

  • Freeman v. Central States Southeast and Southwest Areas Pension Fund
    32 F3d 90
    The Central States, Southeast and Southwest Areas Pension Fund (the Plan) appeals orders of the district court finding that members of the plaintiff class have fully vested interests in the Plan and a...

  • Hendricks v. Commissioner Internal Revenue Service
    32 F3d 94
    ARGUED: Michael Edwin Caryl, Bowles, Rice, McDavid, Graff & Love, Martinsburg, WV, for appellants. William J. Patton, Tax Div., U.S. Dept. of Justice, Washington, DC, for appellee. ON BRIEF: D...

  • United States v. Starkes
    32 F3d 100
    Appellant William Edward Starkes was convicted under 26 U.S.C. Sec. 5861(d) of one count of possession of an unregistered firearm, specifically, a sawed-off shotgun, in the United States District Cour...

  • Schwartz v. System Software Associates Inc E L
    32 F3d 284
    On February 22, 1991, plaintiff Lynne A. Schwartz filed this lawsuit under Secs. 10(b) and 20(a) of the Securities Exchange Act of 1934 (15 U.S.C. Secs. 78j(b) and 78t(a)) and Rule 10b-5 of the Securi...

  • United States v. Haines
    32 F3d 290
    Ana Laura Haines and her husband operated an "elder care home" in their residence. During the time at issue here Haines used the name Diane Miles. In the fall of 1989, Haines and her husband moved f...

  • United States v. Matthews
    32 F3d 294
    On August 10, 1993, a grand jury returned a five-count indictment against Roosevelt Matthews. Mr. Matthews was charged on the following counts: (Count 1) knowingly transferring a modified rifle in v...

  • Northwest Airlines Inc v. Federal Insurance Company
    32 F3d 349
    Northwest Airlines appeals from the district court's entry of summary judgment for Federal Insurance Company in an insurance coverage dispute. Northwest argues that the district court erred in conclu...

  • Youngblood v. Secretary Of Department Of Health and Human Services
    32 F3d 552
    The Secretary of the Department of Health and Human Services (HHS) appeals from a decision of the United States Court of Federal Claims affirming the Special Master's decision that the present value d...

  • Kohls Food Stores Inc v. Hyland
    32 F3d 1075
    In this case, Kohl's Food Stores, Inc., requested federal declaratory and injunctive relief from an order of the Wisconsin Labor and Industry Review Commission ("Commission") which, under the Wisconsi...

  • Griffin v. Air Line Pilots Association International
    32 F3d 1079
    Simmons Air Lines, Inc. demoted the plaintiffs from captains to first officers. The Air Line Pilots Association did not intervene to try to save their jobs. In fact, the union actually suggested the...

  • Rosendo Ramirez v. Immigration and Naturalization Service
    32 F3d 1085
    Chicago resident Martin Rosendo-Ramirez, a legal permanent resident of the United States since 1983, was apprehended on April 12, 1989 at the airport in El Paso, Texas, about ten miles inside the Unit...

  • Casey v. Uddeholm Corporation
    32 F3d 1094
    Daniel Casey attempted to commit suicide by throwing himself in front of an elevated train in Chicago on March 6, 1991. Casey survived, but he was severely and permanently injured. This case involve...

  • Gamma 10 Plastics Inc v. American President Lines Ltd
    32 F3d 1244
    A jury in this maritime case rendered a verdict in favor of the shipper and against the carrier for failure to deliver goods and for damages to other goods caused by negligence of the carrier. In pos...

  • Cubic Corporation v. Insurance Company Of North America
    33 F3d 34
    Cubic Corporation (Cubic) brought suit against the Insurance Company of North America, Continental Insurance Company, United States Fidelity & Guaranty Company, and Hartford Insurance Company (the...

  • Bailey v. State T
    33 F3d 51
    Appellant seeks to appeal the district court's order dismissing his 28 U.S.C. Sec. 2254 (1988) petition. Appellant's case was referred to a magistrate judge pursuant to 28 U.S.C. Sec. 636(b)(1)(B) (1...

  • Harris v. Schaefer
    33 F3d 51
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • King v. Virginia Employment Commission
    33 F3d 51
    Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (CA-92-688-R) Argued: Jo Ann P. Myles, Greenbelt, MD. On brief: ...

  • Ferebee v. Central Classification Board
    33 F3d 51
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Headley v. Means
    33 F3d 51
    Appellant appeals from a district court order that denied his motion for recusal of the district court judge and the magistrate judge and his motion for appointment of counsel. We dismiss the appeal ...

  • Haynes v. W Jackson B
    33 F3d 51
    Appellant appeals from the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint. Appellant's case was referred to a magistrate judge pursuant to 28 U.S.C. Sec. 636(b)(1)(B) (198...

  • Grant v. Boswell
    33 F3d 51
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Linen v. A Aycock Md
    33 F3d 51
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion accepting the recommendation of...

  • Brooks v. T Mahon
    33 F3d 51
    Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion discloses that this appeal is...

  • Magill Magill v. Evans George Bronstein
    33 F3d 52
    Douglas Edmund Magill appeals from the district court order affirming the bankruptcy court's determination that the award of attorney fees to his former wife in their divorce decree was not dischargea...

  • Parr v. Virginia Department Of Corrections
    33 F3d 52
    Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion discloses that this appeal is...

  • United States v. G
    33 F3d 53
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • United States v. Anjum
    33 F3d 53
    Appellants in this case challenge their convictions for conspiracy to import and distribute heroin in violation of 21 U.S.C. Secs. 846 and 963. Appellants' primary contention is that the government f...

  • United States v. United States
    33 F3d 53
    Appellants were convicted of various charges arising out of a cocaine trafficking conspiracy. They now allege several trial and sentencing errors on the part of the district court. Because we find n...

  • White v. Montgomery J T T E
    33 F3d 53
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion accepting the recommendation of...

  • United States v. R Dowell
    33 F3d 53
    Derrick R. Dowell pled guilty to possession of crack cocaine with intent to distribute, 21 U.S.C.A. Sec. 841 (West 1981 & Supp.1994), and was sentenced as a career offender to a term of 300 months...

  • United States v. A Dothard
    33 F3d 56
    On the evening of November 17, 1992, Felicia Dothard was seated on the living room couch at a friend's residence when the Emergency Services Team of the Fort Wayne Police Department executed a search ...

  • United States v. Kennedy
    33 F3d 56
    Before EASTERBROOK and ROVNER, Circuit Judges, and REINHARD, District Judge. On September 16, 1992, a federal grand jury in Indianapolis indicted Craig Kennedy, charging him with conspiracy to posse...

  • Wolfe v. A Farley
    33 F3d 56
    Jeffery Wolfe filed a petition pursuant to 28 U.S.C. Sec. 2254 seeking habeas corpus relief from his state conviction of attempted rape and robbery. Wolfe originally was sentenced to a thirty-year te...

  • Furer v. Commissioner Of Internal Revenue
    33 F3d 58
    MEMORANDUM Lewis and Martha Irene Furer appeal pro se the tax court's decision affirming the Internal Revenue Service's ("IRS") determination of deficiency in income tax for the years 1985, 1986, and...

  • Commonwealth Of Northern Mariana Islands v. T Condino
    33 F3d 58
    Before: FARRIS, BEEZER and RYMER, Circuit Judges MEMORANDUM Appellant Antonio Condino appeals the decision of the CNMI Supreme Court affirming his conviction for sexual abuse of a child under Title...

  • Bailey v. Department Of Veterans Affairs
    33 F3d 58
    MEMORANDUM Barrett Bailey, appeals pro se, the district court's (1) dismissal for lack of subject matter jurisdiction of his action against the Department of Veterans Affairs ("VA"), and (2) denial o...

  • Gilliland v. C Vigil
    33 F3d 58
    MEMORANDUM Edward A. Gilliland, an Arizona state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. Gilliland raises four contentions on appeal: ...

  • Hill v. Lewis
    33 F3d 58
    MEMORANDUM Plaintiff William David Hill, an Arizona state prisoner, appeals pro se the district court's grant of summary judgment in favor of defendants in his 42 U.S.C. Sec. 1983 action against vari...

  • Bailey v. Department Of Veterans Affairs
    33 F3d 58
    MEMORANDUM Barrett Bailey, appeals pro se, the district court's (1) dismissal for lack of subject matter jurisdiction of his action against the Department of Veterans Affairs ("VA"), and (2) denial o...

  • Hammond Hammond v. Bank Of A Levy
    33 F3d 58
    MEMORANDUM Frederic J. Hammond appeals pro se the Bankruptcy Appellate Panel's dismissal, on mootness grounds, of his appeal from a bankruptcy court order lifting the automatic stay and allowing Bank...

  • Knight v. M Knight
    33 F3d 58
    MEMORANDUM Roger W. Knight appeals pro se the district court's summary judgment for defendants in Knight's 42 U.S.C. Sec. 1983 action alleging that his civil rights were violated by the entry and enf...

  • Moran Arrue v. Immigration and Naturalization Service
    33 F3d 59
    MEMORANDUM Zoila Maribel Moran-Arrue, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals' ("BIA") dismissal of her appeal from the immigration judge'...

  • Spice v. Puyallup Housing Authority
    33 F3d 59
    MEMORANDUM The district court granted summary judgment dismissing Ted Spice's discrimination and defamation claims. It awarded costs to the prevailing defendants, but denied the Thurston County defe...

  • Thurman v. G Borg
    33 F3d 59
    MEMORANDUM A jury convicted James Michael Thurman of first degree murder, use of a deadly weapon, grand theft person, and felony dissuasion of a witness. Thurman appealed to the California Court of ...

  • Murray v. United States
    33 F3d 59
    MEMORANDUM Leroy J. Murray appeals pro se the district court's summary judgment for the United States in Murray's action seeking to quiet title to personal property and seeking a tax refund and damag...

  • Queen v. Duncan
    33 F3d 59
    MEMORANDUM John Joseph Queen, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction for attempted second...

  • Thompson v. Hatcher
    33 F3d 59
    MEMORANDUM Calvin Deandre Thompson challenges on ten grounds his conviction for first degree murder with a deadly weapon and attempted murder with a deadly weapon. We affirm the district court's den...

  • Matylinsky v. Angelone
    33 F3d 59
    MEMORANDUM Frank Matylinsky, Jr., a Nevada state prisoner, appeals pro se the district court's summary judgment for the defendants in his 42 U.S.C. Sec. 1983 action. Matylinsky contends that: (1) t...

  • Longsworth v. Immigration and Naturalization Service
    33 F3d 59
    Before: WALLACE, Chief Judge and REINHARDT, Circuit Judges, and TANNER, District Judge. MEMORANDUM Charles Christopher Longsworth, a native and citizen of Honduras, was served with an Order to Sho...

  • Kootznoowoo Incorporated v. F Spang
    33 F3d 59
    Before: WIGGINS and THOMPSON, Circuit Judges, EZRA, District Judge. MEMORANDUM** Kootznoowoo, Incorporated ("Kootznoowoo") appeals the district court's order dismissing its complaint for lack of s...

  • Kuntz v. Wilson
    33 F3d 59
    MEMORANDUM Jesse Wayne Kuntz, appeals pro se, the district court's sua sponte dismissal of his action prior to service of process. Kuntz's complaint, brought pursuant to 42 U.S.C. Sec. 1983, alleged...

  • United States v. A Elsberg
    33 F3d 60
    MEMORANDUM David Elsberg appeals his conviction following a jury trial for conspiracy to distribute marijuana, in violation of 21 U.S.C. Sec. 846; distribution of marijuana, in violation of 21 U.S.C...

  • Yanik Ayrs v. Yanik
    33 F3d 61
    MEMORANDUM Creditor Julian Ayrs appeals pro se the Bankruptcy Appellate Panel's ("BAP") dismissal of his appeal from the bankruptcy court's order denying his motion for a stay pending appeal. The BA...

  • McDonald v. Resor
    34 F3d 1068
    Before: GUY and BOGGS, Circuit Judges, and CLELAND, District Judge. Hubert Hayes McDonald, a pro se Kentucky prisoner, appeals a district court order dismissing his civil rights action filed pursua...

  • Estate Of Poletti v. Commissioner Internal Revenue Service
    34 F3d 742
    LaBarbara Poletti ("Petitioner") is a mixed-blood Ute Indian who in 1983 received from the Ute Distribution Corporation ("UDC") distributions of monies generated by oil, mineral, and gas production on...

  • Catellus Development Corporation v. United States
    34 F3d 748
    On this appeal, we consider whether a party that sells spent automotive batteries to a lead reclamation plant may be liable under the Comprehensive Environmental Response, Compensation and Liability A...

  • Tahoe Sierra Preservation Council Inc v. Tahoe Regional Planning Agency
    34 F3d 753
    The Tahoe Sierra Preservation Council, Inc. (TSPC) appeals two judgments of the district court, consolidated on this appeal, in favor of The Tahoe Regional Planning Agency (TRPA) and the states of Ca...

  • Conner v. United States
    34 F3d 1068
    Before: GUY and BOGGS, Circuit Judges, and CLELAND, District Judge. Earnest Conner appeals pro se from a district court judgment denying a motion to vacate his sentence that was filed under 28 U.S....

  • United States v. Mayo
    34 F3d 1068
    Defendant Carlton Mayo appeals his conviction based on a jury verdict for possession with intent to distribute cocaine base, in violation of 21 U.S.C. Sec. 841(a)(1), and aiding and abetting thereof, ...

  • Jacoway v. United States
    34 F3d 1068
    This is an appeal from an order dismissing a motion to vacate sentence filed under 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Ci...

  • Alway v. Toyota Motor Manufacturing Usa Inc
    34 F3d 1068
    Eugene Alway, pro se, appeals a district court order granting the defendant's motion to dismiss his complaint which was filed pursuant to the Age Discrimination in Employment Act of 1967 (ADEA), 29 U....

  • United States v. Mills
    34 F3d 1068
    Defendant Ronnie Saunders Mills appeals the sentence imposed upon resentencing after a guilty plea to aggravated burglary of a pharmacy, in violation of Title 18 U.S.C. Secs. 2118(b), 2118(c)(1) and (...

  • Umana v. Department Of Justice
    34 F3d 1068
    Before: GUY and BOGGS, Circuit Judges, and CLELAND, District Judge. Klenny Delourdes Umana appeals pro se from a district court judgment that dismissed her petition for a writ of habeas corpus and ...

  • Berryman v. Kinsey
    34 F3d 1068
    Philip W. Berryman appeals a grant of summary judgment for defendants in this civil rights action filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court pursuant to Rule ...

  • Clifford v. Madigan G O
    34 F3d 1068
    Before: MARTIN and SUHRHEINRICH, Circuit Judges, and JORDAN, District Judge. Bobby C. Clifton appeals a district court order granting summary judgment for two defendants named in this civil rights ...

  • Alexander v. Patterson
    34 F3d 1068
    Plaintiff Albert Alexander appeals from the summary judgment entered against him. Alexander claims that the district court erred in granting summary judgment on the merits of his 42 U.S.C. Sec. 1985 ...

  • Shaou v. Overton
    34 F3d 1068
    Nahid G. Shaou, a pro se Michigan prisoner, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel of the...

  • Marsh v. Odell
    34 F3d 1068
    Aaron Marsh, a pro se Tennessee resident, appeals a district court judgment dismissing his employment discrimination suit filed pursuant to Title VII of the 1964 Civil Rights Act. 42 U.S.C. Sec. 2000...

  • Nali v. Davis
    34 F3d 1068
    Frank Nali, a pro se Michigan resident, appeals a district court judgment denying his application to proceed in forma pauperis in the district court. The case has been referred to a panel of the cour...

  • Cooper v. United States
    34 F3d 1068
    Larry Cooper appeals a district court judgment dismissing his motion construed as one to vacate sentence filed under 28 U.S.C. Sec. 2255. These cases have been referred to a panel of the court pursua...

  • Greenwood v. Bechill
    34 F3d 1068
    This pro se Michigan prisoner appeals a district court summary judgment dismissing his civil rights complaint filed under 42 U.S.C. Sec. 1983. Additionally, plaintiff requests the appointment of coun...

  • Gulley v. Aluminum Company Of America
    34 F3d 1068
    Daniel Gulley, pro se, appeals a district court order granting summary judgment to the defendant in this case filed pursuant to Title VII of the Civil Rights Act of 1964. 42 U.S.C. Sec. 2000e, et seq...

  • United States v. Holbrook
    34 F3d 1068
    Defendants Holbrook and Stallings were convicted of various drug-trafficking offenses in violation of 21 U.S.C. Sec. 841(a)(1) and Sec. 846, and 18 U.S.C. Sec. 2. On appeal, each defendant raises thr...

  • Hines v. A Wilkinson
    34 F3d 1068
    Paul L. Hines, a pro se Ohio prisoner, appeals a district court judgment granting summary judgment for the defendants in his civil rights action filed under 42 U.S.C. Sec. 1983. The case has been ref...

  • Reid v. Department Of Air Force
    34 F3d 1079
    Deborah Reid appeals the decision of the Merit Systems Protection Board (MSPB), No. DA-0752-93-0285-B-1 (Feb. 14, 1994), affirming her removal from the service. This court vacates and remands. Ms. ...

  • Leaphart v. Donovan
    35 F3d 566
    Kirk Douglas Leaphart, pro se, appeals a district court opinion and order granting the defendants' motion for summary judgment. Leaphart filed his complaint pursuant to 42 U.S.C. Sec. 1983. The case...

  • Schultea v. Wood Wf K
    27 F3d 1112
    Plaintiff Joseph M. Schultea, Sr. brought this 42 U.S.C. Sec. 1983 lawsuit against Defendants David R. Wood, Homer Ford, and W.F. Plagens--three councilmen of the City of Tomball--and Warren K. Driver...

  • Allstate Insurance Company v. Swann L
    27 F3d 1539
    Steven F. Casey, Alan T. Rogers and Michael D. Freeman, Balch & Bingham, Birmingham, AL, for appellant. Charles R. Crowder, Leila Hirayama Watson and David C. Johnson, Johnson & Cory, P.C., ...

  • United States v. Johnson
    29 F3d 940
    In this appeal, we are first required to determine whether delays in bringing the defendant to trial constitute a violation of the Speedy Trial Act, 18 U.S.C. Secs. 3161-3174 (1985 & Supp.1994). ...

  • United States v. Davis
    30 F3d 108
    We previously affirmed appellant Davis's conviction on charges of violating the Hobbs Act, 18 U.S.C. Sec. 1951, and reversed and remanded on a sentencing matter. 967 F.2d 516 (11th Cir.1992). Davis ...

  • United States v. Peter M Cumming
    30 F3d 126
    Peter M. Cumming, a federal prisoner, appeals his conviction and sentence following a guilty plea to eight counts of unlawful importation into the United States of the controlled substances diazepam a...

  • 14059b Smith v. E Shalala
    31 F3d 715
    Appellant Tony Ray Smith filed a claim for disability insurance benefits and supplemental security income, alleging an inability to work since October 19, 1990, due to a mental impairment. The Secret...

  • United States v. Hobbs
    31 F3d 918
    Arthur Hobbs appeals his conviction based on a conditional guilty plea for possession with intent to distribute a controlled substance in violation of 21 U.S.C. Sec. 841(a)(1). Hobbs contends that th...

  • Kansas Health Care Association Inc v. Kansas Department Of Social and Rehabilitation Services L
    31 F3d 1052
    From this language, the plaintiffs conclude that the "required by law" prong of the catalyst test is, in essence, a showing that the defendants' response was necessarily to an action that in itself wa...

  • Eisen Moneymaker v. J
    31 F3d 1447
    In this appeal, we must decide whether the bankruptcy court properly dismissed this case for failure to prosecute under Fed.R.Civ.P. 41(b). We have jurisdiction under 28 U.S.C. Sec. 1293(a). Because...

  • United States v. Johnson R
    32 F3d 265
    In November 1992 a grand jury sitting in the Northern District of Indiana, South Bend Division, returned a three-count indictment against defendants Tyrone Johnson, Thomas Johnson, and Richard Dover. ...

  • Chicago Truck Drivers Helpers and Warehouse Union Pension Fund v. Steinberg
    32 F3d 269
    The Chicago Truck Drivers, Helpers and Warehouse Union (Independent) Pension Fund ("the Fund") once again asks us to overrule circuit precedent and hold that an individual may be liable for a sole pro...

  • Timm v. Mead Corporation
    32 F3d 273
    Raymond Timm sued The Mead Corporation, parent company of his ex-employer, Zellerbach, alleging that he was demoted and eventually discharged on the basis of his age (he was in his mid-forties) in vio...

  • City National Bank Of Florida v. Checkers Simon and Rosner H
    32 F3d 277
    City National Bank of Florida ("CNB" or "the bank") appeals the dismissal of its complaint for fraud and negligence against Checkers, Simon & Rosner, an Illinois-based accounting firm, and Alan Ha...

  • Bounds v. Bell Atlantic Enterprises Flexible Long Term Disability Plan
    32 F3d 337
    Mitchell Bounds appeals the district court's grant of summary judgment dismissing his claim for additional long-term disability benefits against Bell Atlantic Enterprises Flexible Long-Term Disability...

  • United States v. R Patel R
    32 F3d 340
    Patel appeals his convictions on one count of giving a gratuity to a government official and one count of interstate travel to carry on or facilitate an unlawful activity in violation of 18 U.S.C. Sec...

  • United States v. Premachandra
    32 F3d 346
    Yoganand Premachandra pleaded guilty to armed bank robbery in violation of 18 U.S.C. Sec. 2113(a) and (d). The district court accepted his plea and sentenced him to fifty-one months' imprisonment. P...

  • Berg v. Leason
    32 F3d 422
    After this court in an unpublished disposition affirmed summary judgment in his favor as a defendant in a federal court action alleging violations of the Securities Exchange Act of 1934, 15 U.S.C. Sec...

  • Prize Frize Inc Encino Business Management Inc v. Prize Frize Inc
    32 F3d 426
    This case, of first impression in any circuit, turns on whether license fees, paid by a licensee for the use of technology, patents, and proprietary rights, are "royalties" within the meaning of 11 U....

  • Terrace Housing Associates Ltd v. G Cisneros Rolling Green Housing Associates Ltd
    32 F3d 461
    Deborah Ruth Kant, Appellate Staff, Civ. Div., Dept. of Justice, Washington, DC (Frank W. Hunger, Asst. Atty. Gen., Washington, DC, Vicki Miles-LaGrange, U.S. Atty., Oklahoma City, OK, and Michael Jay...

  • Cantrell v. International Brotherhood Of Electrical Workers Local
    32 F3d 465
    Steven M. Angel, Oklahoma City, OK, for plaintiff-appellant. Loren Gibson (George J. McCaffrey with him on the brief), of Lampkin, McCaffrey & Tawwater, Oklahoma City, OK, for defendant-appellee...

  • Haldeman v. State Of Wyoming Farm Loan Board
    32 F3d 469
    Robert T. Moxley, Gage & Moxley, Cheyenne, WY, (Sue Davidson, Cheyenne, WY, with him on the brief), for appellants. Emily S. Birtell, Office of Atty. Gen., Cheyenne, WY, (Joseph B. Meyer and Mic...

  • United States Of America v. Gilliam
    32 F3d 563
    Darrell Gilliam appeals the sentence of seventy-seven months he received after his guilty plea to receiving a stolen firearm, 18 U.S.C.A. Sec. 922(j) (West Supp.1994). His attorney has filed a brief ...

  • United States Of America v. C Brooks
    32 F3d 563
    Anthony Brooks appeals from his conviction on one count of possession with the intent to distribute cocaine base in violation of 21 U.S.C. Sec. 841(a)(1) (1988). Because we find no error in his convi...

  • United States Of America v. Evans
    32 F3d 563
    John Ray Evans pled guilty to distributing crack cocaine in violation of 21 U.S.C. Sec. 841(a)(1) (1988). The district court sentenced Evans to a term of ninety months imprisonment and five years of ...

  • United States Of America v. Edgar
    32 F3d 563
    Clifford Dewayne Edgar pleaded guilty to a one-count indictment that charged him with forcible entry of the Washington Street branch of One Valley Bank in Charleston, West Virginia, in violation of 18...

  • United States Of America v. Young
    32 F3d 563
    Margaret Ann Young pled guilty to misprision of a felony, 18 U.S.C.A. Sec. 4 (West 1969), pursuant to a criminal information which specified that the felony was money laundering, and that she had conc...

  • United States Of America v. Felix
    32 F3d 563
    William Felix pleaded guilty to one count of conspiring to distribute fifty grams or more of crack cocaine in Forsyth County, North Carolina, in violation of 21 U.S.C.A. Secs. 841(b)(1)(A) and 846 (We...

  • United States Of America v. Joseph Wright
    32 F3d 563
    Joseph Wright appeals the sentence he received on his guilty plea to conspiracy to possess crack cocaine with intent to distribute, 21 U.S.C.A. Sec. 846 (West Supp.1994). His attorney has filed a bri...

  • Sanchez Sanchez v. Immigration and Naturalization Service Sanchez Sanchez
    32 F3d 572
    Before: LEAVY, and KLEINFELD, Circuit Judges, and MARSH, District Judge. MEMORANDUM In 1986, the INS served the appellant Sanchez-Sanchez with an order to show cause why he should not be deported ...

  • St Francis Medical Center v. E Shalala C
    32 F3d 805
    St. Francis Medical Center (SFMC) is a provider of health care services covered under Part A of Title XVIII of the Social Security Act, 42 U.S.C. Sec. 1395 et seq., which is commonly known as the Medi...

  • Del Raine v. Williford
    32 F3d 1024
    Although we have never paused to explain the meaning of the term "deliberate indifference," the case law is instructive. The term first appeared in the United States Reports in Estelle v. Gamble, 429...

  • Dell v. Board Of Education Township High School District
    32 F3d 1053
    This is an action for reimbursement and attorneys' fees brought under the Education of the Handicapped Act ("EHA"), 20 U.S.C. Sec. 1400 et seq., now entitled the Individuals with Disabilities Educatio...

  • Dehainaut v. Pena
    32 F3d 1066
    A group of former air traffic controllers who had been fired for their participation in a 1981 strike against the federal government filed a class action suit against the United States Department of T...

  • Werner v. State Of Utah
    32 F3d 1446
    This is an original proceeding for extraordinary relief. We deny such relief and impose appellate sanctions. Petitioner filed a "Petition to Remove Sec. 1983 Jurisdiction from Utah District Courts....

  • United States v. D Sheppard
    33 F3d 56
    Before MANION and KANNE, Circuit Judges, and JOHN C. SHABAZ, District Judge. Scott Sheppard pleaded guilty to conspiring to distribute cocaine base in violation of 21 U.S.C. Sec. 846 and distributio...

  • Big Sur Waterbeds Inc v. Maryland Casualty Co
    33 F3d 58
    Before: D.W. NELSON, and NOONAN, Circuit Judges, and KING, District Judge. MEMORANDUM Appellant Big Sur, a retailer of waterbeds and related products, was sued for infringement of a patent in an u...

  • Valenzuela Castro v. Immigration and Naturalization Service
    33 F3d 61
    MEMORANDUM Mario Valenzuela-Castro ("Castro") petitions for review of an order of the Board of Immigration Appeals (the "Board") denying his application for a waiver of deportation pursuant to sectio...

  • Hilland v. Akenhead J T W S F
    33 F3d 62
    Before LOGAN and BARRETT, Circuit Judges, and RUSSELL, District Judge. ORDER AND JUDGMENT DAVID L. RUSSELL, District Judge. After examining the briefs and appellate record, this panel has determi...

  • Daugherty v. Campbell
    33 F3d 554
    Plaintiff-Appellant ("Plaintiff") appeals a jury verdict finding the Defendants-Appellees ("Defendants") did not violate the Fourth Amendment rights of decedent Lenora Daugherty ("Daugherty"). For th...

  • McEldowney v. National Conference Of Bar Examiners
    34 F3d 1072
    MEMORANDUM James Kenneth McEldowney, Jr. appeals pro se the district court's dismissal of his action against the National Conference of Bar Examiners ("NCBE") seeking damages for breach of contract a...

  • Aziz v. Tg Wright
    34 F3d 587
    Wasim Aziz, a Missouri inmate, appeals the district court's dismissal of his complaint as a sanction for failing to comply with discovery. We affirm. In May 1991, Aziz filed this 42 U.S.C. Sec. 198...

  • Daniel v. Hall
    34 F3d 1071
    MEMORANDUM David Lee Daniel appeals pro se the district court's denial of his motion for entry of default judgment and the entry of summary judgment in favor of defendant Frank Hall, Santa Clara Coun...

  • Dawson v. Thomas
    34 F3d 1071
    MEMORANDUM Lawrence Dawson, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of defendants in Dawson's 42 U.S.C. Sec. 1983 action alleging that prison official...

  • Hudson v. Stockton Unified School District
    34 F3d 1072
    MEMORANDUM Mable T. Hudson appeals the district court's summary judgment in favor of the Stockton Unified School District and Principal Petrina K. Romo (collectively "District") in her employment dis...

  • Durbin v. Local International Longshoremens and Warehousemens Union
    34 F3d 1072
    MEMORANDUM Mark Frederick Durbin appeals pro se the district court's summary judgment for defendants in Durbin's action for tortious breach of employment contract and unjust termination of employment...

  • Dolfini v. Lewis
    34 F3d 1072
    MEMORANDUM Andrew Dolfini, an Arizona state prisoner, appeals pro se the district court's grant of summary judgment in favor of defendant prison officials in Dolfini's 42 U.S.C. Sec. 1983 action. Do...

  • Downs v. Vail
    34 F3d 1072
    MEMORANDUM Elizabeth Diane Downs, an Oregon state prisoner, appeals pro se the district court's order denying her motion for summary judgment and granting defendants' motion to dismiss for failure to...

  • Gmi Holdings Inc v. Bailey
    34 F3d 1072
    MEMORANDUM Bill Bailey, dba Genie Garage Door Service ("Bailey"), appeals pro se the district court's order awarding to plaintiff GMI Holdings, Inc. ("GMI") attorneys' fees and costs in the amount o...

  • Higgins Higgins v. Deltam System Inc
    34 F3d 1072
    MEMORANDUM Chapter 7 debtor Richard P. Higgins appeals pro se the judgment of the Bankruptcy Appellate Panel ("BAP") affirming the bankruptcy court's decision that Higgins was not entitled to a disch...

  • Oliver v. E Shalala
    34 F3d 1073
    MEMORANDUM Cheryl K. Oliver appeals the district court's decision affirming the decision of the Secretary of Health and Human Services (Secretary), denying her application for disability insurance be...

  • Royse v. D Lehman
    34 F3d 1073
    Merle L. Royse, a Washington state prisoner, appeals pro se the district court's summary judgment for defendants in Royse's 42 U.S.C. Sec. 1983 action alleging that prison officials violated Royse's c...

  • Park v. Internal Revenue Service District Director
    34 F3d 1073
    MEMORANDUM Waring Park appeals pro se the district court's dismissal of his action for lack of subject-matter jurisdiction and failure to state a claim upon which relief may be granted. Park sued th...

  • Yovev v. Northrop Corp
    34 F3d 1075
    MEMORANDUM Vladimir Yovev appeals pro se the district court's denial of his motion to proceed in forma pauperis ("IFP") in his action brought under the Racketeer Influenced and Corrupt Organizations ...

  • United States v. J Willenberg
    34 F3d 1075
    MEMORANDUM Michael J. Willenberg appeals pro se the district court's summary judgment for the United States in the government's action for declaratory and injunctive relief. In its action, the gover...

  • Anderson Iii v. Humana Inc
    34 F3d 1076
    Before LOGAN and BARRETT, Circuit Judges, and RUSSELL, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially ...

  • United States v. Lendt
    39 F3d 1185
    Jeffrey Lendt pleaded guilty to conspiracy to distribute and possession with intent to distribute LSD. 21 U.S.C. Sec. 846. The plea was pursuant to an agreement with the United States Attorney's Off...

  • Melder v. H Morris G Cooperman
    27 F3d 1097
    URCARCO operates a chain of "we finance" used car lots in Fort Worth, Dallas, Houston, and Austin. The company targets market areas with a high concentration of prospective purchasers who would other...

  • Sun Company Inc v. Ss Overseas Arctic Bp Usa
    27 F3d 1104
    This case calls on the Court to determine whether the M/T OVERSEAS ARCTIC, Overseas Bulktank Corporation, and BP Oil Shipping Company (collectively referred to as "Carriers") breached their duty to pr...

  • Stephenson v. Reno
    28 F3d 26
    Obadiah Stephenson, Sr., a federal prisoner at the Federal Correctional Institution at Texarkana, Texas, filed the instant civil rights action under 28 U.S.C. Secs. 1331, 1343(3), and 42 U.S.C. Sec. 1...

  • Natec Inc v. Deter Company Deter Company
    28 F3d 28
    Appellants, Natec, Inc., Natec Resources, Inc., and Benetech, hold licenses to operate a patent owned by appellee, Deter Company. The license agreements were entered into following settlement of sepa...

  • United States v. Frazier
    28 F3d 99
    Defendant-Appellant William Joseph Frazier was convicted by a jury of possessing methamphetamine with intent to deliver in violation of 21 U.S.C. Sec. 841(a). Based on the amount of the controlled su...

  • United States v. Ballis
    28 F3d 1399
    THE COURT: That is hearsay.... MR. HAYNES: Yes, but they testified about that meeting. Now I have a chance-- THE COURT: But you asked them about those.... It is not relevant what they heard h...

  • United States v. I Miro
    29 F3d 194
    Appeal from the United States District Court for the Eastern District of Louisiana. Before WISDOM and JONES, Circuit Judges, and COBB, District Judge. Carlos I. Miro appeals his sentence for mail ...

  • United States v. Camilo
    30 F3d 126
    We have carefully reviewed the record on appeal and discern no breach by the government of the plea agreement between it and the defendant. We likewise find no hint that the district court violated t...

  • McIlheran v. Lincoln National Life Insurance Company Lincoln National Life Insurance Company
    31 F3d 709
    In this diversity action involving the enforceability of an insurance policy under Nebraska law, John McIlheran, as conservator for Shirley Parke, appeals from the district court's order granting summ...

  • McCostis v. Home Insurance Company Of Indiana
    31 F3d 110
    Plaintiff Richard M. McCostis brought this action seeking a declaratory judgment that his insurer, defendant Home Insurance Company of Indiana ("Home Insurance"), had a duty to defend McCostis, an att...

  • Farmer v. Circuit Court Of Maryland For Baltimore County
    31 F3d 219
    When Dee Farmer, incarcerated in federal prison, sought to pursue Maryland post-conviction relief proceedings to challenge two state convictions, the Maryland courts refused to entertain her petitions...

  • Rahn v. Drake Center Inc
    31 F3d 407
    David G. Torchia (argued and briefed), Tobias & Kraus, Cincinnati, OH, for plaintiff-appellee. Robert S. Brown (argued and briefed), Kathryn K. Przywara (briefed), Brown, Cummins & Brown, Ci...

  • Tata Consultancy Services Division Of Tata Sons Ltd v. Systems International Inc
    31 F3d 416
    This case, in which the plaintiff asserts Michigan-law claims of tortious interference with contractual relationships, comes before us on appeal from a summary judgment for the defendants. It is und...

  • Walsh v. United States
    31 F3d 696
    Anna M. Walsh (plaintiff), administrator of the estate of Thomas J. Walsh, appeals from a final order entered in the United States District Court for the Northern District of Iowa granting summary jud...

  • Pmx Industries Inc v. Lep Profit International Lep
    31 F3d 701
    PMX Industries, Inc. (PMX), appeals from a final judgment entered in the United States District Court for the Northern District of Iowa granting summary judgment in favor of LEP Profit International ...

  • Petersen Petersen v. Hastings Public Schools
    31 F3d 705
    Three hearing-impaired children and their parents appeal the judgment of the district court rejecting their challenge to the Hastings Public Schools' decision to educate hearing-impaired students by u...

  • Adams v. Leapley W
    31 F3d 713
    Howard Joseph Adams appeals from the district court's order denying his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254. We affirm. On June 18, 1986, Adams and his brother-in-law, Ji...

  • United States v. Gentry
    31 F3d 1039
    Defendant Herbert Gentry pleaded guilty to one count of felon in possession of a firearm, 18 U.S.C. Sec. 922(g)(1). Defendant appeals his sentence, and we have jurisdiction under 18 U.S.C. Sec. 3742....

  • City Of Chanute Kansas v. Williams Natural Gas Company
    31 F3d 1041
    Plaintiffs appeal from the district court's denial of their motion for attorneys' fees and costs pursuant to Sec. 16 of the Clayton Act, 15 U.S.C. Sec. 26. See City of Chanute v. Williams Natural Gas...

  • Laing Laing v. Ag Johnson
    31 F3d 1050
    The debtor, Vern Laing, appeals the district court's order affirming the bankruptcy court's decision that Laing could not discharge a particular debt in his Chapter 7 bankruptcy. We affirm because we...

  • No 93 1625
    32 F3d 88
    Federal Rule of Civil Procedure 12(h)(3) provides that "[w]henever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss...

  • Huppeler v. Oscar Mayer Foods Corporation
    32 F3d 245
    Robert Huppeler began working for Oscar Mayer in its Madison, Wisconsin plant in 1964. His job required that he run (and work alongside) noisy machinery used in meat processing. After working for Os...

  • United States v. Espino
    32 F3d 253
    A jury convicted Francisco Espino of conspiring to distribute cocaine and marijuana in violation of 21 U.S.C. Secs. 841(a)(1) and 846 (Count I), of money laundering in violation of 18 U.S.C. Sec. 1956...

  • Bischel v. United States
    32 F3d 259
    Michael Bischel was charged with conspiracy to distribute marijuana and possession with intent to distribute marijuana in violation of 21 U.S.C. Secs. 841(a)(1) and 846. Bischel pled guilty to the co...

  • Bills v. J Dahm W
    32 F3d 333
    Randall Bills brought this Sec. 1983 action against officials of the Lincoln Correctional Center ("the LCC") and the Nebraska Department of Correctional Services for alleged violations of his Fourteen...

  • St Vincents Medical Center v. United States
    32 F3d 548
    St. Vincent's Medical Center (St. Vincent's) appeals the United States Court of Federal Claims' dismissal of St. Vincent's Medicare reimbursement claim for lack of jurisdiction. St. Vincent's Med. C...

  • Hood v. Hill
    32 F3d 562
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Darby v. State H T P B
    32 F3d 562
    Appellant appeals from the district court's order granting summary judgment in favor of some, but not all, of the Defendants. We dismiss the appeal for lack of jurisdiction because the order is not a...

  • Graves v. Saunders
    32 F3d 562
    Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion discloses that this appeal is...

  • Ainslie v. J Grablowsky D
    32 F3d 562
    Bernie J. Grablowsky, a Chapter 7 debtor, appeals from an order of the United States District Court for the Eastern District of Virginia affirming a ruling of the bankruptcy court which granted a moti...

  • Hubert v. Attorney General North Carolina
    32 F3d 562
    Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion discloses that this appeal is...

  • Bowling v. Tazewell County Sheriffs Department
    32 F3d 562
    Appellant appeals from district court's order entering judgment on the jury verdict in favor of Defendants in his 42 U.S.C. Sec. 1983 (1988) action. We affirm. The record does not contain a transcr...

  • United States v. Davis
    32 F3d 563
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion accepting the recommendation of the magistra...

  • United States Of America v. E Lewellyn
    32 F3d 563
    Mary Ann Lewellyn and Thomas L. Lewellyn were found guilty of one count of conspiracy to commit mail fraud, in violation of 18 U.S.C. Sec. 371 (1988), 18 U.S.C.A. Sec. 1341 (West Supp.1993). The Lewe...

  • Wolford v. Duncil
    32 F3d 563
    Steven R. Wolford appeals from a district court order dismissing without prejudice his 28 U.S.C. Sec. 2254 (1988) petition. We dismiss the appeal as interlocutory. Dismissals without prejudice are ...

  • United States v. Atwater Iii
    32 F3d 563
    Appellants, Tommy Eugene Atwater III and Bobby Mandwell Bailey, appeal their convictions on charges that they possessed with intent to distribute crack cocaine, 21 U.S.C. Sec. 841(a)(1) (1988), and ca...

  • United States v. Stringfield
    32 F3d 563
    Lionel Stith, Eric Stith, Russell Dabney, Sr., and Timothy Stringfield were convicted of conspiracy to distribute cocaine in violation of 21 U.S.C. Sec. 846. Lionel Stith and Dabney, Sr. appeal their...

  • Smith v. Evatt T
    32 F3d 563
    Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion discloses that this appeal is...

  • Martin Jr v. Evatt
    32 F3d 563
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion accepting the recommendation of...

  • United States v. C Richburg
    32 F3d 563
    This appeal arises from two separate but related prosecutions of appellant Michael C. Richburg. Richburg was first convicted, after a jury trial, of conspiracy to possess cocaine with intent to distr...

  • Samuels v. E Reed Iii
    32 F3d 563
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion accepting the recommendation of...

  • Johnathan Lee X v. Irene Bratten
    32 F3d 564
    Johnathan Lee X appeals the district court's order granting summary judgment in favor of the Defendants in his 42 U.S.C. Sec. 1983 (1988) action. Because the district court failed to give X notice of...

  • Holiday v. D Gilmore
    32 F3d 570
    Before RIPPLE and MANION, Circuit Judges, and ROBERT A. GRANT, District Judge. Albert Holiday appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Se...

  • Rux v. Sarvis
    32 F3d 572
    MEMORANDUM Robert Rux appeals a district court order dismissing his 42 U.S.C. Sec. 1983 action. The court also ordered Rux to pay the defendants' costs and attorney's fees and ordered Rux's attorney...

  • United States v. Dolores Rodriguez
    32 F3d 572
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, District Judge. MEMORANDUM Appellant Carlos Dolores-Rodriguez objects to the length of his 293-month sentence imposed after he pled g...

  • United States v. Risher
    32 F3d 573
    Before: D.W. NELSON and NOONAN, Circuit Judges, and KING, District Judge. MEMORANDUM Thadeus Randolph Risher appeals his jury conviction of two counts of armed bank robbery in violation of 18 U.S....

  • United States v. Ruis
    32 F3d 573
    In June 1992, U.S. Customs Inspector Mark Wilkerson was working undercover as a bribable customs inspector. In exchange for a $1,000 bribe from Ruis's codefendants Reyes and Dolores-Rodriguez, Wilker...

  • United States v. Garcia
    32 F3d 1017
    David Garcia entered a guilty plea to a charge of conspiracy to distribute cocaine. Due to a prior state conviction for possession of cocaine, Garcia received a mandatory minimum sentence of twenty y...

  • Mansoori v. Immigration and Naturalization Service
    32 F3d 1020
    Mohammed Mansoori is an Iranian citizen who has been a lawful permanent resident of the United States since 1986. He petitions for review of the Board of Immigration Appeal's denial of his appeal fro...

  • Moyo v. Gomez
    32 F3d 1382
    Ali Moyo, a black corrections officer with the California Department of Corrections, appeals the district court's dismissal of his action brought pursuant to Title VII of the Civil Rights Act of 1964,...

  • Dodgers Bar Grill Inc v. Johnson County Board Of County Commissioners
    32 F3d 1436
    Plaintiffs Dodger's Bar & Grill, Inc. and more than thirty dancers who are or were employed by Dodger's, appeal from the district court's judgment for defendants, Johnson County Board of County Co...

  • Harris v. United States
    33 F3d 54
    Richard Harris was convicted in early 1991 of ten counts of mail fraud. On appeal, the conviction was affirmed. United States v. Harris, No. 91-5777, 1992 WL 163254, 1992 U.S.App. LEXIS 16874 (6th C...

  • United States v. A Selby C C
    33 F3d 55
    Defendants-appellants Mark Shinaberry, Thomas Dix, and Kenneth Selby appeal from convictions on fraud charges stemming from their involvement with an advance fee scheme operated by DNS Financial Broke...

  • United States v. Velasquez
    33 F3d 56
    Before RIPPLE and MANION, Circuit Judges, and ROBERT A. GRANT, District Judge. A jury convicted Nicholas Velasquez of knowingly and intentionally possessing cocaine with the intent to distribute in ...

  • United States v. J Allemand
    34 F3d 923
    James and Thomas Allemand appeal their convictions for crimes arising from a scheme to export illegally taken wildlife. They also appeal their sentences and the district court's denial of their motio...

  • City Of New York v. United States Department Of Commerce
    34 F3d 1114
    Plaintiffs City of New York et al. appeal from a judgment entered in the United States District Court for the Eastern District of New York following a bench trial before Joseph M. McLaughlin, Judge, d...

  • Bank Of New York v. Amoco Oil Company Amoco Oil Company
    35 F3d 643
    Amoco Oil Company appeals from a judgment of the Southern District of New York, Charles H. Tenney, Judge, (1) finding that (a) "holding certificates" issued by Amoco, as lessee, evidencing the lessor'...

  • Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit
    28 F3d 1388
    This second appeal of an action that has travelled to the Supreme Court concerns an adverse summary judgment on Sec. 1983 unreasonable search and seizure claims, with the issues here focusing primaril...

  • United States v. T Wickersham
    29 F3d 191
    Charles T. Wickersham appeals his conviction of making a false statement on his tax return. Finding no error, we affirm. Wickersham purchased a grain elevator for $100,000 in March, 1989. Two week...

  • McCutchen v. Us Department Of Health and Human Services
    30 F3d 183
    Dr. Charles McCutchen filed a request under the Freedom of Information Act for a list of all investigations of scientific misconduct undertaken by the Department of Health and Human Services' Office o...

  • Heart v. G L Bass
    30 F3d 129
    Appellant appeals from the magistrate judge's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the magistrate judge's opinion discloses that this appeal ...

  • Kellihan v. Donnae Shalala Secretary Of Healthand Human Services
    30 F3d 129
    Robert E. Kellihan ("claimant") appeals from a decision of the district court affirming the Secretary's denial of his claim for social security disability benefits, 42 U.S.C. Sec. 405(g) and supplemen...

  • Terjen Terjen v. J Santoro
    30 F3d 131
    Judith Boyd Terjen appeals from the district court's order affirming the bankruptcy court's order overruling her objections to the Trustee's Final Report and Account before Distribution. At issue are...

  • United States Of America v. Bissette
    30 F3d 131
    Bobby Earl Bissette appeals from a district court order granting summary judgment in favor of Appellee in Bissette's 28 U.S.C. Sec. 2255 (1988) motion. We affirm. Bissette first contends that he re...

  • United States v. Ortiz
    30 F3d 132
    In sentencing Francisco Ortiz for violating his supervised release because of marijuana use, the district court refused to apply 18 U.S.C. Sec. 3583(g). The government appeals; and, because we concl...

  • United States v. D Cousins
    30 F3d 136
    Before RIPPLE and MANION, Circuit Judges, and GRANT, District Judge. David D. Cousins appeals the district court's refusal to depart downward in sentencing him in light of his intellectual capacity ...

  • Tillman v. M and I Bank A
    30 F3d 136
    Before RIPPLE and MANION, Circuit Judges, and GRANT, District Judge. Crystal Tillman, a former bank teller at the M & I Bank in Racine, Wisconsin, resigned her position and filed racial discrimi...

  • Universal Foundry Co Swanson v. First Wisconsin Financial Corp
    30 F3d 137
    In an action brought by the trustee for Universal Foundry Company (Universal), the bankruptcy court avoided a number of transfers from Universal to First Wisconsin Financial Corporation (FWFC) as pref...

  • Guardado v. Stainer
    30 F3d 139
    Before: FLETCHER and D.W. NELSON, Circuit Judges, and WILL, District Judge. MEMORANDUM Appellant Paul Guardado was convicted in 1989 in California state court for the second degree murder of Steph...

  • Estate Of Hedrick v. Commissioner Internal Revenue Service
    30 F3d 139
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, District Judge. MEMORANDUM Betsy Phillips, Administrator of the estate of decedent John T. Hedrick, appeals a decision of the tax cou...

  • United States v. Daughetee
    30 F3d 140
    Before: FLETCHER and TROTT, Circuit Judges, and KING, District Judge. MEMORANDUM John Daughetee appeals his sentence under the Sentencing Guidelines imposed on remand for Daughetee's conviction fo...

  • United States v. Juvenile
    30 F3d 140
    MEMORANDUM A juvenile, AG-S, pleaded guilty to two counts of juvenile delinquency, in violation of 18 U.S.C. Sec. 5032, for importation of over 100 kilograms of cocaine, in violation of 21 U.S.C. Sec...

  • Drug Plastics Glass Co Inc v. National Labor Relations Board
    30 F3d 169
    An employer challenges an order of the National Labor Relations Board ("Board") finding that the employer committed unfair labor practices. Petitioner alleges that the General Counsel's complaint exc...

  • Northern States Power Company v. Federal Energy Regulatory Commission
    30 F3d 177
    In early 1992 Northern States Power Company (Minnesota) and Northern States Power Company (Wisconsin), sister corporations, jointly filed with the Federal Energy Regulatory Commission a proposed tarif...

  • Church v. City Of Huntsville
    30 F3d 1332
    This is a section 1983 class action lawsuit brought on behalf of the homeless residents of Huntsville, Alabama ("the City"). The plaintiffs allege that the City has deprived them of various constitut...

  • McClurkin Huntington National Bank v. Pees
    31 F3d 401
    Pees (Trustee) objected to Huntington National Bank's (Creditor) proof of claim in McClurkin's (Debtor) Chapter 13 bankruptcy. The bankruptcy court sustained the Trustee's objection and the district ...

  • United States v. Aponte
    31 F3d 86
    Michael Aponte appeals from a conviction and sentence entered by Judge Dominick L. DiCarlo, following a jury trial. The jury convicted Aponte of conspiracy to rob a United States Postal Service truck...

  • Valley Disposal Inc v. Central Vermont Solid Waste Management District
    31 F3d 89
    In this appeal we review the district court's rulings (1) granting one defendant's motion to dismiss certain counts in the complaint for failure to state a claim upon which relief can be granted and f...

  • Woroski v. Nashua Corporation Skawinski
    31 F3d 105
    Plaintiffs, Milton Woroski and Albert Skawinski, brought suit alleging that their employer, the defendant Nashua Corporation, unlawfully terminated their employment by reason of their age in violation...

  • Zamalloa v. Hart Ligon Nationwide Incorporation
    31 F3d 911
    Ken-Ray Trucking Corp. ("Ken-Ray"), a common carrier, appeals a directed verdict in favor of another common carrier, Ligon Nationwide Inc. ("Ligon"). We have jurisdiction over this diversity action...

  • Marshall v. Chicago and Northwestern Transportation Company G J H
    31 F3d 1028
    This case concerns the present ownership of the land underlying an abandoned railroad right of way situated in Natrona County, Wyoming. The district court granted summary judgment in favor of the pre...

  • United States v. M Furman
    31 F3d 1034
    Defendant William M. Furman appeals his conviction and sentence for improper participation in loans of a federally insured institution, 18 U.S.C. Sec. 1006. We have jurisdiction under 28 U.S.C. Sec. ...

  • United States v. Smith
    31 F3d 1294
    In 1991, Curtis Dale Smith and two other individuals were indicted in the Northern District of West Virginia on multiple charges arising out of their alleged participation in a conspiracy to distribut...

  • United States v. Barton
    32 F3d 61
    After being arrested in a government sting operation, Donald Barton pled guilty to attempted money laundering under 18 U.S.C. Sec. 1956(a)(3)(B) and was sentenced to 42 months in prison. On appeal, B...

  • Pleasant Valley Hospital Incorporated v. E Shalala
    32 F3d 67
    ARGUED: David William Thomas, Nash & Co., Pittsburgh, PA, for appellant. Jan Malia Lundelius, Asst. Regional Counsel, Office of the General Counsel, Dept. of Health & Human Services, Philade...

  • Ricketts v. Vann
    32 F3d 71
    Desmond Ricketts, a migrant farm worker, was injured when he fell from the rear of a pickup truck owned and operated by the farm labor contractor for whom he worked. Ricketts initiated this action ag...

  • Eckert International Incorporated v. Government Of Sovereign Democratic Republic Of Fiji
    32 F3d 77
    The Government of Fiji, a foreign state, entered into an agreement with Eckert International, Inc., a United States corporation. Fiji canceled the contract, and Eckert sued for breach in federal cour...

  • Mabe v. Gc Services Limited Partnership Weddle
    32 F3d 86
    This case requires us to decide whether child support payments are "debts" encompassed within the scope of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. Secs. 1692-1692o. The district c...

  • Mason v. M Frank
    32 F3d 315
    James Jimmie Mason appeals from the district court's judgment entered in favor of the Postmaster General in Mason's action alleging handicap discrimination under sections 501 and 504 of the Rehabilita...

  • Anderson v. White
    32 F3d 320
    Terry Lynn Anderson appeals from the district court's order denying on the merits his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254. We affirm. On February 23, 1990, An...

  • Terry v. Endell
    32 F3d 325
    The State of Arkansas appeals the district court's grant of habeas relief pursuant to 28 U.S.C. Sec. 2254 to Jesse James Terry, an Arkansas inmate, on the grounds that he was denied effective assistan...

  • United States v. Bowling
    32 F3d 326
    In September, 1993, a federal jury in Little Rock, Arkansas, convicted James Bowling of four charges--two counts of possession of drugs with the intent to distribute them, one count of possession or u...

  • Drinkall v. Used Car Rentals Inc
    32 F3d 329
    In this diversity case, Used Car Rentals, Inc. (Used Car) appeals from a judgment of the district court entered upon a jury verdict in favor of Dawn Drinkall. We affirm. Used Car, a Nebraska corpo...

  • Adamu v. Immigration and Naturalization Service
    32 F3d 561
    This is a petition for review of two decisions of Board of Immigration Appeals (BIA). The first decision affirmed the decision of the immigration judge denying petitioner's motion to reopen the proce...

  • Goya Foods Inc Et Al v. Unanue Casal Aka
    32 F3d 561
    We have reviewed the record and the parties' briefs in the case. Essentially for the reasons stated by the district court in its opinion, Goya Foods v. Unanue-Casal ( In re Unanue-Casal ), 164 B.R. 2...

  • Oneill
    32 F3d 785
    This appeal requires us to determine whether the federal courts must entertain a constitutional challenge to the City of Philadelphia's parking ticket procedures--procedures that resulted in the impos...

  • United States Trustee Sousa Us v. Miguel D
    32 F3d 1370
    In this case, we must decide whether a trustee in bankruptcy can receive reimbursement under 11 U.S.C. Sec. 330(a)(2) for normal overhead expenses. We have jurisdiction under 28 U.S.C. Sec. 158(d). ...

  • United States v. Dayea
    32 F3d 1377
    Calvin Dayea pleaded guilty to charges of involuntary manslaughter and assault resulting in serious bodily injury, both charges stemming from an automobile accident he caused while intoxicated. He no...

  • United States v. Bahm
    33 F3d 62
    Before ANDERSON and HOLLOWAY, Circuit Judges, and OWEN, District Judge. ORDER AND JUDGMENT OWEN, District Judge. Appeal from the United States District Court for the Northern District of Oklahoma...

  • Nasseri v. Moschorak Us
    34 F3d 723
    Delara Nasseri appeals the district court's judgment denying her petition for a writ of habeas corpus contesting a final order of exclusion. The district court affirmed the decision of the Board of I...

  • Jordan v. Nissan Motor Co Ltd
    34 F3d 1079
    Nissan Motor Co., Ltd. and Toyota Motor Corporation (Nissan) petition for permission to appeal, under 28 U.S.C. Sec. 1292(b), (c)(1), the May 18, 1994 and June 13, 1994 orders of the United States Dis...

  • Harris v. Nenana City Public Schools
    50 F3d 14
    The petition for rehearing is granted. The memorandum disposition dated September 7, 1994, is withdrawn and the attached memorandum is filed in its place. MEMORANDUM Barbara Harris appeals the dis...

  • Kimbro v. Velten
    30 F3d 1501
    Appellants challenge the district court's orders, which resubstituted defendant Velten in lieu of the United States and remanded to the Superior Court of the District of Columbia. We reverse and rema...

  • National Treasury Employees Union v. Federal Labor Relations Authority
    30 F3d 1510
    The National Treasury Employees Union represents employees within the Bureau of Alcohol, Tobacco and Firearms ("BATF"). In seeking to arrive at a new collective bargaining agreement for these employe...

  • Mine Reclamation Corporation v. Federal Energy Regulatory Commission
    30 F3d 1519
    Petitioners Mine Reclamation Corporation and Kaiser Steel seek review of an order of the Federal Energy Regulatory Commission granting Eagle Mountain Energy Company a preliminary permit for a hydroele...

  • Green v. State Bar Of Texas
    27 F3d 1083
    Appellant, Bennie Green, d/b/a Eagle Consulting Firm, appeals from the district court's grant of Appellees' motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). Appellant sued several s...

  • Equal Employment Opportunity Commission v. Manville Sales Corporation
    27 F3d 1089
    Charles Mitte and the Equal Employment Opportunity Commission ("EEOC") brought the instant lawsuit under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. Secs. 621-34. The plaintiffs alle...

  • United States v. White S
    27 F3d 1531
    On November 21, 1990, a jury convicted Roy White, a chiropractor, and his wife Della of one count of conspiring to defraud the United States, in violation of 18 U.S.C. Sec. 371, and five counts of sub...

  • United States v. Oreira
    29 F3d 185
    Timothy Crooks, Peter M. Fleury, Asst. Federal Public Defenders, Ira R. Kirkendoll, Federal Public Defender, Fort Worth, TX, for Oreira. Ralph R. Martinez, Houston, TX (court-appointed), for Postizz...

  • McGillvary
    30 F3d 134
    Plaintiffs Clyde and Ramona McGillvary appeal the order of the district court granting summary judgment to defendants City of Troy and David McBride, Chief Housing Inspector for the City of Troy. Pla...

  • Kubec v. Immigration and Naturalization Service
    30 F3d 126
    Petitioner, Vojtech Kubec, a native and citizen of Czechoslovakia, has filed this petition for review of the decision of the Board of Immigration Appeals (BIA) denying his application for political as...

  • King v. United States
    30 F3d 126
    Appellant, Phillip King, appeals pro se from a judgment of the district court denying his motion under 28 U.S.C. Sec. 2255 to vacate, set aside, or correct his sentence. In his opening brief, he alle...

  • United States v. Torres Gonzalez Rey El Loco
    30 F3d 127
    Ramon Torres-Gonzales appeals pro se from a district court order denying his motion for correction of his sentence pursuant to Fed. R. App. P. 35(a), as well as from the court's order denying his mo...

  • Boehler v. City Of Bowling Green
    30 F3d 133
    Before: MARTIN and SUHRHEINRICH, Circuit Judges, and JORDAN, District Judge. Linda Boehler appeals a district court judgment that dismissed her civil rights case filed under 42 U.S.C. Sec. 1983 and...

  • United States v. Renfroe
    30 F3d 135
    These two cases were remanded to the district court in December 1991 for reconsideration of the sentencing order. At this court's direction, the cases were held in abeyance pending release of our opi...

  • Hernandez Osorio v. H Crabtree Fci
    30 F3d 139
    MEMORANDUM Hernandez-Osorio appeals the district court's denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. Sec. 2241. He contends that the district court erroneously concluded t...

  • Gulf Insurance Company v. International Surplus Lines Insurance Company Gulf Insurance Company
    30 F3d 139
    MEMORANDUM The City of McMinnville, Oregon, was one of many defendants in the Washington Public Power Supply System Securities litigation ("WPPSS"). McMinnville was covered by three insurance polici...

  • Craig v. United States E
    30 F3d 139
    MEMORANDUM The Internal Revenue Service (IRS) served a wage levy on Sheila Craig's employer, the Oregon State Board of Higher Education (OSBHE), in order to collect taxes, interest, and penalties for...

  • Hicks v. County Of Los Angeles
    30 F3d 139
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, District Judge. MEMORANDUM Louise Hicks appeals the district court's judgment following a bench trial in favor of Los Angeles County ...

  • Acevedo Toscano v. Immigration and Naturalization Service
    30 F3d 139
    MEMORANDUM Rufino Acevedo-Toscano (Acevedo) seeks reversal of the denial by the Board of Immigration Appeals (Board) of his request for a suspension of deportation. On appeal, Acevedo contends that ...

  • United States v. Lee
    30 F3d 140
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, Senior District Judge. MEMORANDUM James Lee appeals his sentence of 51 months, based on a conviction for being a felon in possession ...

  • United States v. L Davison
    30 F3d 140
    MEMORANDUM Roberta L. Davison appeals her jury conviction of witness tampering and solicitation to commit witness tampering, in violation of 18 U.S.C. Secs. 373 and 1512(b)(2)(A). She argues that th...

  • United States v. Blakely
    30 F3d 140
    MEMORANDUM Byron Lawrence Blakely was convicted after a bench trial before a United States magistrate judge of a violation of 43 C.F.R. 2801.3(a). Blakely appealed from this judgment to the district...

  • United States v. Chow
    30 F3d 140
    Before: D.W. NELSON and NOONAN, Circuit Judges, and KING, District Judge MEMORANDUM David Chow appeals his resentencing following his motion to vacate, set aside, or correct sentence pursuant to 2...

  • United States v. Harris
    31 F3d 153
    The Government appeals and the Defendant cross-appeals in this criminal case. We affirm in part and reverse and remand in part. * On the night of December 30, 1992, the Lynchburg Police Department ...

  • United States v. Barial
    31 F3d 216
    The question in this case is whether defendant, who was convicted of simple drug possession under a regulation prohibiting possession of controlled substances in federal parks, may be considered for s...

  • United States v. Aman
    31 F3d 550
    After his divorce, Dr. Reinhold Aman began mailing threatening letters to his ex-wife, her attorney, and the judge presiding over the Amans' division of assets. Dr. Aman was indicted on five counts o...

  • Thomas v. A Farley
    31 F3d 557
    An inmate of an Indiana state prison, Kevin Thomas, filed a complaint under 42 U.S.C. Sec. 1983 claiming that his keepers had inflicted a cruel and unusual punishment upon him by refusing to permit hi...

  • United States v. G Ritsema
    31 F3d 559
    This is a case in which more care by the government at the plea agreement stage could have staved off an unnecessarily complex and unproductive sentencing. On October 21, 1992, a grand jury returned ...

  • Wellons v. Commissioner Of Internal Revenue
    31 F3d 569
    Cardiovascular surgeon Dr. Harry A. Wellons, Jr. set up a severance pay plan for his employees in 1983. Dr. Wellons contributed $194,000 to the trust for the plan in 1984 and again in 1985, and deduc...

  • Hardees Of Maumelle Arkansas Inc v. Hardees Food Systems Inc
    31 F3d 573
    The McNeely and Eubanks families decided to open a Hardee's restaurant, touted in the Hardee's literature as "the last great franchise opportunity in America." After several meetings with Hardee's F...

  • Fisher v. United States Army Corps Of Engineers
    31 F3d 683
    Amanda Potterfield, Cedar Rapids, IA, argued, for appellant. William C. Purdy, Sp. Asst. U.S. Attorney, Des Moines, IA, argued, for appellee. Before JOHN R. GIBSON, Senior Circuit Judge, MORRIS SH...

  • Michels v. United States
    31 F3d 686
    Vincent Michels was seriously injured when his motorcycle collided with a vehicle driven by an employee of the United States Department of Agriculture. Michels filed a claim with the agency for $450,...

  • Griffini v. J Mitchell
    31 F3d 690
    Anthony Griffini appeals from a final order entered in the District Court for the Eastern District of Missouri denying his petition for writ of habeas corpus. Griffini v. Purkett, No. 4:92CV343-DJS (...

  • Houlihan v. Offerman and Company Incorporated
    31 F3d 692
    Edward and Agnes Houlihan (the Houlihans) brought this diversity action against their broker, Offerman & Company, Incorporated (Offerman), alleging various state-law claims relating to their inves...

  • Aldan Pierce v. C Mafnas
    31 F3d 756
    Marian Aldan-Pierce, Plaintiff-Appellant, appeals from a final judgment of the Supreme Court of the Commonwealth of the Northern Mariana Islands ("CNMI Supreme Court") reversing the judgment of the Co...

  • Pallottino v. City Of Rio Rancho
    31 F3d 1023
    Mr. Pallottino was temporarily detained by police officers (Officers) of the City of Rio Rancho, New Mexico, while they investigated a fist fight. Mr. Pallottino, who contends this detention was due ...

  • Giuffre v. Bissell
    31 F3d 1241
    This appeal requires us to revisit the doctrine of absolute and qualified immunity in order to determine if we may review at this time the district court's order which denied summary judgment to the i...

  • Ice Cream Corporation v. California Smoothie Licensing Corporation
    31 F3d 1259
    This appeal arises from an unsuccessful attempt of a franchisee to operate a restaurant in Florida. The appellants-cross-appellees are California Smoothie International, Inc. (CSI) and its wholly-ow...

  • National Commodity and Barter Association v. L Archer D A G E W J Cd
    31 F3d 1521
    Plaintiffs-appellants National Commodity & Barter Association and the National Commodity Exchange (collectively referred to generally as the NCBA) appeal a decision of the district court dismissin...

  • Kansas Health Care Association Inc
    31 F3d 1536
    Defendants appeal from orders of the district court imposing a mandatory preliminary injunction and awarding plaintiffs interim relief on their claim that defendants' Medicaid payment plan for nursing...

  • Napoli v. United States
    32 F3d 31
    Petitioners-appellants Joseph Napoli, Harold Fishman, Marty Gabe, Dennis Rella and Harold Weinstein appeal from an August 31, 1993 order of the United States District Court for the Eastern District of...

  • Tassinare v. American National Insurance Company
    32 F3d 220
    Roy Tassinare and twenty-one other named plaintiffs appeal their action for breach of fiduciary duty against the directors of American National Insurance Co. As current or former American National em...

  • United States v. Samaniego Rodriguez
    32 F3d 242
    In this consolidated criminal appeal, two defendants challenge their sentences for convictions for unlawful reentry into the United States after deportation under 8 U.S.C. Sec. 1326. They argue that ...

  • Barnett v. Kaiser Foundation Health Plan Inc
    32 F3d 413
    Ralph Barnett belonged to Kaiser Foundation Health Plan, Inc. ("Kaiser"), a Health Maintenance Organization ("HMO"). After consulting with various doctors about his deteriorating health condition, B...

  • Johnson v. F Macher
    34 F3d 1066
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Vone v. Durham Exchange Club Incorporated
    34 F3d 1066
    Appellant appeals from the district court's order dismissing his complaint as frivolous pursuant to 28 U.S.C. Sec. 1915(d) (1988). Our review of the record and the district court's opinion accepting ...

  • Boyd v. Fox
    34 F3d 1066
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Brown v. Maryland Parole Commission
    34 F3d 1066
    Appellant seeks to appeal the district court's order dismissing without prejudice his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion discloses that thi...

  • Lambert v. District Attorney Office
    34 F3d 1066
    Appellants appeal from the district court's order denying relief on their 42 U.S.C. Sec. 1983 complaint. Our review of the record and the district court's opinion discloses that these appeals are wit...

  • Sigmon v. Bishop
    34 F3d 1066
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Henry v. National Association Of Air Traffic Specialists Incorporated
    34 F3d 1066
    Bruce B. Henry appeals the entry of summary judgment against him on his state-law claims of wrongful discharge, breach of contract, and libel against his former employer, the National Association of A...

  • Boykin v. E Currie
    34 F3d 1066
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Krehnbrink v. W Riley
    34 F3d 1066
    William H. Krehnbrink filed this paper styled "Petition for Review." Because the petition asks this Court to direct a federal official to perform a task he allegedly has a duty to perform, we constr...

  • Bunch v. J Johnson
    34 F3d 1066
    James Bunch appeals from the district court's orders denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinions discloses that this appeal ...

  • Fw Lewis v. Clayton Garageand Recapping Incorporated
    34 F3d 1066
    Appellants Orville and Linda Lewis (Lewis), the Personal Representatives of the decedent, Mark Shane Lewis, appeal the district court's grant of summary judgment to Clayton Garage & Recapping, Inc...

  • Hood v. Hill
    34 F3d 1066
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Wingo v. W Murray
    34 F3d 1067
    Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion discloses that this appeal is...

  • United States v. Reddick
    34 F3d 1067
    Appellants, who were convicted of drug conspiracy charges, allege various trial and sentencing errors on the part of the district court. Because we find no merit to any of these challenges, we affirm...

  • Arreaza Cruz v. Immigration and Naturalization Service
    39 F3d 909
    Cesar Agusto Arreaza-Cruz appeals the decision of the Board of Immigration Appeals affirming the Immigration Judge's deportation order. We dismiss the appeal for lack of jurisdiction. The INS charg...

  • Morris Jones
    30 F3d 1578
    Charles E. Jones, the trustee of brothers Richard and Robert Morris's individual bankruptcy estates, appeals the bankruptcy court's and district court's determination that the transfer of certain farm...

  • Yapp v. Reno
    26 F3d 1562
    The principal issue in this case is whether the lapse of time provision in the United States extradition treaty with the Commonwealth of The Bahamas bars extradition when a defendant's right to a spee...

  • McGary v. Scott
    27 F3d 181
    William Ray McGary appeals the district court's dismissal of his second application for federal habeas corpus relief. In this application, McGary argued that he was unconstitutionally deprived of app...

  • Campbell v. Sonat Offshore Drilling Inc Union Texas Petroleum Corp
    27 F3d 185
    Adjudged to owe indemnity to Appellee (Union Texas Petroleum), and a third party (Sonat Offshore Drilling Company), Appellants (Frank's Casing Crews and its insurers) have cross claims against Appelle...

  • Us Anchor Mfg Inc v. Rule Industries Inc
    27 F3d 521
    This case involves an appeal from a jury verdict imposing civil liability for alleged predatory pricing in violation of antitrust laws. More specifically, appellants Rule Industries, Inc. ("Rule") a...

  • National Cement Company v. Federal Mine Safety and Health Review Commission
    27 F3d 526
    This case involves a petition for review of a decision of the Federal Mine Safety and Health Review Commission ("FMSHRC" or "Commission"). The petitioner, National Cement Company ("National Cement"),...

  • James Cable Partners Lp City Of Jamestown Tennessee v. James Cable Partners Lp
    27 F3d 534
    On this appeal we address the question of whether a cable television franchise agreement between a debtor and non-debtor may be assumed by that debtor as debtor in possession over the non-debtor's obj...

  • Roy Taylor Sales Inc v. Hollymatic Corporation
    28 F3d 1379
    Roy B. Taylor Sales, Inc., a dealer of hamburger patty machines and patty paper, sues its supplier, Hollymatic Corporation, a manufacturer of patty products. Taylor alleges that Hollymatic violated t...

  • United States v. E Stafford
    29 F3d 181
    James E. Stafford (Stafford) was convicted of, and sentenced for, tax evasion. 26 U.S.C. Sec. 7201. He appealed. In United States v. Stafford, 983 F.2d 25 (5th Cir.1993), we affirmed his conviction...

  • McClure v. Holstein Friesian Association Of America
    30 F3d 130
    Appellants Walter V. McClure, Sr., Windhover, Ltd., and Park Forest Farms, Inc., appeal the order of the district court granting the motion of the Holstein-Friesian Association of America (HFAA) under...

  • Brashear v. D Schaeffer
    30 F3d 128
    Daniel Brashear filed a 42 U.S.C. Sec. 1983 (1988), action in the district court in 1992, alleging that his 1991 conviction for second degree murder was unconstitutional. The district court dismissed...

  • Griffin v. L Robinson
    30 F3d 129
    Warren Griffin, a Maryland state inmate, appeals from the district court's order adopting the magistrate judge's recommendation and granting summary judgment for Defendants in Griffin's 42 U.S.C. Sec....

  • Commissioners Of Public Works Of The City Of Charleston v. United States South Carolina Tourism Counc
    30 F3d 129
    This case requires us to determine whether the federal courts may entertain a suit challenging the enforcement of wetlands regulations by the Army Corps of Engineers. Because the federal courts may r...

  • Crooks v. Us Immigration and Naturalization Service
    30 F3d 129
    Appellant seeks review of the Board of Immigration Appeals' (Board) decision and order affirming the immigration judge's denial of his application for waiver of deportation. See 8 U.S.C. Sec. 1182(c)...

  • Hunter v. Bostick
    30 F3d 129
    Larry Hunter, a Maryland prisoner, filed this action pursuant to 42 U.S.C. Sec. 1983 (1988), seeking damages and alleging that (i) a jail guard supplied him with heroin upon request and he overdosed; ...

  • Knick v. Brown J
    30 F3d 129
    Eric Lee Knick appeals from the district court's orders denying relief under 42 U.S.C. Sec. 1983 (1988). Our review of the record and the district court's opinions discloses that this appeal is witho...

  • Roberts Sr v. Rollins L Coi
    30 F3d 130
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion accepting the recommendation of...

  • Monk v. Consolidated Coal Company
    30 F3d 130
    Ira Monk, a former coal miner, seeks review of a decision of the Benefits Review Board (Board) affirming the administrative law judge's (ALJ) decision to deny his application for black lung benefits. ...

  • United States v. A Brown
    30 F3d 131
    Gary A. Brown, Sr., pled guilty to conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C.A.Secs. 841(a)(1), 841(b)(1)(A), 846 (West 1981 & Supp.1994) (Count 1), and to...

  • United States Of America v. Franklin
    30 F3d 131
    Benjamin H. White, Jr., and Sandra J. Hairston, Greensboro, NC M.D.N.C. AFFIRMED. Jerry Franklin appeals the sentence of 188 months imposed on him following his guilty plea to possession of 583 ...

  • Tanner v. First Union National Bank
    30 F3d 131
    Appellant appeals from the district court's order entering judgment for Defendant in this action alleging that Appellant was discriminated against because of his race and sex. Our review of the recor...

  • Williams v. Fleming L E
    30 F3d 132
    Albert C. Williams appeals from the district court's dismissal without prejudice of his complaint filed pursuant to 42 U.S.C. Sec. 1983 (1988). We find that the district court properly dismissed the ...

  • Vulcan Materials Company v. J Winkelman
    30 F3d 132
    Peter J. Winkelman (Winkelman) and Cardinal Enterprises (Cardinal) appeal the district court's orders of October 6 and October 27, 1993 entering judgment in favor of Vulcan Materials Company (Vulcan) ...

  • United States v. Lockwood
    30 F3d 132
    Dennis Dale Lockwood appeals his conviction for possession of a firearm by a convicted felon. He contends that the United States Attorney violated his right to a speedy trial and requests that his in...

  • United States v. Hodges
    30 F3d 132
    William Blaine Hodges ("Hodges") was found guilty by a jury of embezzling funds of the United States Postal Service in violation of 18 U.S.C. Sec. 1711. He appeals that conviction, contending that th...

  • West v. Liberty Mutual Insurance Company
    30 F3d 132
    On December 14, 1989, a tractor-trailer truck driven by Charles Merritt Stevenson and owned by M.S. Carriers, Inc., collided with Kathy Ann West's vehicle. Kathy West's husband and infant son were in...

  • United States v. Linn Iii
    30 F3d 132
    Stahle Linn, III was indicted for possession of marijuana with the intent to distribute. See 21 U.S.C.A. Sec. 841(a)(1) (West 1981). After the district court denied his motion to suppress, Linn ente...

  • United States v. Harris
    30 F3d 132
    Alvin Theodore Harris was convicted by a jury of knowingly and intentionally distributing a mixture or substance containing a detectable amount of cocaine base in violation of 21 U.S.C.A. Secs. 841(a)...

  • Farne v. Carriage Industries Inc
    30 F3d 136
    Michael John Farne filed this diversity action claiming that his employer Carriage Industries, Inc. (Carriage) owed him a bonus of approximately $20,000 for services rendered. The district court gra...

  • Brooks v. United States
    30 F3d 141
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • In Re David C Paulsen
    30 F3d 1475
    AST Research, Inc., (AST) appeals from the July 23, 1993 decision of the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences sustaining the final rejection upon r...

  • Hoeppner v. Crotched Mountain Rehabilitation Center Inc
    31 F3d 9
    This action involves a retaliatory discharge claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e-2. Plaintiff-Appellant, Donna Hoeppner, alleges that she was fired because she...

  • American v. Commissioner
    31 F3d 18
    Plaintiffs-appellants, the Massachusetts State Automobile Dealers Association, Inc. and two trade groups of automobile manufacturers, appeal from an order denying their request for a preliminary injun...

  • United States v. Gaind
    31 F3d 73
    Defendant-Appellant Arun Gaind appeals from a judgment entered June 14, 1993 after a jury trial in the United States District Court for the Southern District of New York, Vincent L. Broderick, Judge, ...

  • Jlm Inc v. National Labor Relations Board
    31 F3d 79
    J.L.M. Inc., d/b/a/ Sheraton Hotel Waterbury (the "Hotel" or the "Company") petitions this Court under Sec. 10(f) of the National Labor Relations Act (the "Act"), 29 U.S.C. Sec. 160(f) (1988), for rev...

  • Preston v. Commonwealth
    31 F3d 203
    Susan Preston brought this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. Sec. 2000e et seq. (West 1981 & Supp.1994), and Title IX of the Education Amendments of 1972, ...

  • Tyndall v. National Education Centers Incorporated Of California
    31 F3d 209
    The question in this case is whether an employer violated the Americans with Disabilities Act ("ADA"), 42 U.S.C. Sec. 12101 et seq., by discharging a disabled employee who was frequently absent from w...

  • In Re Adams Barclaysamerican Business Credit Inc
    31 F3d 389
    Edsel and Frances T. Adams appeal the decision of the district court affirming the bankruptcy court's denial of a discharge under 11 U.S.C. Sec. 727(a)(2)(A) and (a)(2)(B), and imposition of a $686,22...

  • Ademi v. Immigration and Naturalization Service
    31 F3d 517
    Ademi petitions for review of decisions of the Board of Immigration Appeals (BIA) denying the reopening of his asylum request and ordering his deportation. We affirm. Ademi is an Albanian Muslim fr...

  • United States v. G Williams
    31 F3d 522
    Michael Williams, Hector Hernandez, and James Kerley were each convicted on one count of conspiracy to possess marijuana with the intent to distribute, 21 U.S.C. Sec. 846, and on two counts of possess...

  • United States v. K Partee
    31 F3d 529
    Jerry K. Partee pleaded guilty to possessing cocaine with intent to distribute. He was sentenced to 97 months in prison. He appeals his sentence claiming that the district court erred in giving him ...

  • Lange v. United States
    31 F3d 535
    Plaintiff-appellee Michael Lange, while driving his motorcycle, collided with a United States Postal semi-tractor trailer driven by Harold Baker. Lange sued the United States under the Federal Tort C...

  • Pries v. Honda Motor Company Limited
    31 F3d 543
    Patricia Pries lost control of her 1988 Honda CRX automobile, which rolled over. She was thrown clear of the car, broke her neck, and became a quadriplegic. Pries sued the car's manufacturer and dis...

  • Lucille v. City Of Chicago
    31 F3d 546
    In 1985 John Lucille sought to have the City of Chicago held in contempt of court for violating the consent decree in Shakman v. Democratic Organization of Cook County, 481 F.Supp. 1315 (N.D.Ill.1979)...

  • Tart v. Hill Behan Lumber Company A
    31 F3d 668
    In this diversity case, Charles R. Tart appeals the district court's judgment dismissing his Missouri Human Rights Act claim of discriminatory discharge following a jury verdict in favor of Hill Behan...

  • Drewes v. Schonteich
    31 F3d 674
    Wayne Drewes, the trustee for the bankruptcy estate of Barry and Linda Schonteich, appeals the district court's order affirming the bankruptcy court's denial of his motion to turnover certain monthly ...

  • Barnes v. Ico Corporation
    31 F3d 678
    Philip V. Barnes ("Barnes" or "claimant") seeks benefits under the Black Lung Benefits Act, 30 U.S.C. Sec. 901, et seq. Barnes filed a timely claim for benefits in May of 1975 when he was sixty-two ...

  • Brock v. B Weston
    31 F3d 887
    Louis W. Brock, currently confined pursuant to the Washington Sexually Violent Predators Act at the Special Commitment Center of the Washington State Penitentiary, appeals the district court's dismiss...

  • Equal Employment Opportunity Commission v. Farmer Brothers Company
    31 F3d 891
    The district court found appellant/cross-appellee Farmer Brothers ("Farmer Bros.") liable for intentional gender discrimination against appellee/cross-appellant Diana Estrada ("Estrada") in violation ...

  • Taylor v. Js Stainer
    31 F3d 907
    The Attorney General of California appeals the district court's grant of habeas corpus to Michael Taylor. Taylor was convicted of first-degree murder based solely on a fingerprint of his that police ...

  • Beachcombers v. Wildewood Creative Products Inc
    31 F3d 1154
    This is a patent infringement case involving an improved kaleidoscope as described and claimed in the patent-in-suit, U.S. Patent No. 4,740,046 (the '046 patent). A jury of the United States District...

  • United States v. J Hilliard
    31 F3d 1509
    Mr. Hilliard was a director, shareholder and president of National Savings Bancorporation of Colorado (NSB), the bank holding company for First American Savings Bank (FASB). As part of the required t...

  • United States v. Brown
    32 F3d 236
    Following a three-day trial, a jury convicted Edward Brown of attempted bank robbery pursuant to 18 U.S.C. Sec. 2113(a). For this offense, the district court sentenced Brown to forty-one months in th...

  • Gawel v. Immigration and Naturalization Service
    32 F3d 570
    Petition for Review of an Order of the Board of Immigration Appeals. AFFIRMED. In October 1993 the Board of Immigration Appeals ("Board") affirmed an immigration judge's ruling ordering that petit...

  • United States v. Carmargo
    32 F3d 572
    Before: WALLACE, Chief Judge, WIGGINS, Circuit Judge, TURRENTINE, District Judge. MEMORANDUM Enrique Carmargo and Carlos Arturo Quijano were convicted of (1) conspiracy to possess with intent to d...

  • United States v. M Coughlan
    32 F3d 572
    Before: REINHARDT and NOONAN, Circuit Judges; TANNER, District Judge. MEMORANDUM Defendant Jack Coughlan, Sr. was indicted on seventeen counts of mail and wire fraud in connection with a scheme t...

  • Wehr v. E Shalala
    32 F3d 573
    MEMORANDUM Betty Wehr appeals the district court's judgment affirming the Secretary's final decision that Wehr was not entitled to disability insurance benefits pursuant to the Social Security Act. ...

  • United States v. D Sterns
    32 F3d 573
    Before: REINHARDT and NOONAN, Circuit Judges; TANNER, District Judge. MEMORANDUM David Sterns challenges the 57-month sentence imposed on him after his plea of guilty to a three-count Information...

  • Holmes v. Norris
    32 F3d 1240
    Holmes suggests at least two respects in which his trial counsel may have been ineffective in the constitutional sense: (1) by making improvident concessions in argument to the jury, and (2) by faili...

  • Howell v. McGinnis
    33 F3d 54
    Stephen D. Howell appeals pro se from a district court judgment dismissing his civil rights action filed under 42 U.S.C. Sec. 1983. His appeal has been referred to a panel of this court pursuant to R...

  • Blair Finneran v. Associates Finance Services
    33 F3d 54
    Kenneth R. Blair, a nondebtor husband of a Chapter 7 debtor wife, appeals a district court order affirming a bankruptcy court's decision regarding the proposed distribution of the sale proceeds from p...

  • Cummings v. United States
    33 F3d 54
    George F. Cummings, a pro se federal prisoner, appeals a district court judgment denying his motion to vacate his sentence filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a panel...

  • Francis v. Immigration and Naturalization Service
    33 F3d 54
    This matter is before us on appeal from the Board of Immigration Appeals, which upheld the decision of the immigration judge ordering the immediate deportation of the petitioner, Andrew Francis. Fran...

  • United States v. Hall
    33 F3d 55
    Defendant-appellant, Coleman Hall, was found guilty by a jury of being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g). Hall appeals both his conviction and his sentence. Fo...

  • Smith v. Kelly J A E
    33 F3d 55
    Before: MARTIN and SUHRHEINRICH, Circuit Judges, and JORDAN, District Judge. Clifford E. Smith, Jr., a pro se Kentucky litigant, appeals a district court order dismissing his civil complaint filed ...

  • Bell v. J Klincar
    35 F3d 568
    Petitioner, a state prisoner, appeals from the denial of his petition for a writ of habeas corpus, 28 U.S.C. Sec. 2254, alleging that he was not proved guilty beyond a reasonable doubt of unlawful del...

  • Jensen v. R Stiglich
    36 F3d 1099
    The Sheriff of Lake County, Stephen R. Stiglich, appeals from the district court's order denying his petition to partially modify a consent decree establishing a merit-based system for the non-politic...

  • United States v. M Foy
    28 F3d 464
    Defendant-appellant, Daverne M. Foy (Foy), convicted of a firearms offense and several drug offenses, appeals his convictions and sentence, asserting numerous errors by the district court and that the...

  • United States v. Nguyen
    28 F3d 477
    Defendant-appellant Nam Tan Nguyen (Nguyen) was convicted of one count of using fire to commit a felony, in violation of 18 U.S.C. Sec. 844(h)(1), and of one count of attempting to destroy a building ...

  • Advocates For Highway and Auto Safety v. Federal Highway Administration
    28 F3d 1288
    Linda Denison Kilb, was on the brief for amici curiae Robert L. Carpenter and John C. Mike Thatcher. Erika Ziebarth Jones, Kathryn Ann Kusski, and Daniel R. Barney, entered appearances for amicus cu...

  • Longenette v. McKenzie
    30 F3d 130
    Appellant appeals from the district court's order denying a waiver of payment of filing fees and granting a thirty day extension to pay a previously assessed partial filing fee. We dismiss the appeal...

  • Carr Shrader v. J Hun
    30 F3d 128
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Jones v. Willis Co Iii
    30 F3d 129
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion accepting the recommendation of...

  • Sessions v. Evatt L D D Scdc L F
    30 F3d 130
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion accepting the recommendation of...

  • United States v. Garrison
    30 F3d 131
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • Wade v. W Murray
    30 F3d 132
    Appellant seeks to appeal the magistrate judge's orders denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. The parties consented to the jurisdiction of the magistrate judge under 28 U.S.C. Se...

  • United States v. Campbell
    30 F3d 136
    Roger Campbell pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846, and one count of money laundering in violation ...

  • United States v. Murphy
    30 F3d 137
    A five-count indictment charged James Murphy with violating several firearm statutes. Murphy entered a guilty plea to two counts: possessing an unregistered firearm in violation of 26 U.S.C. Sec. 58...

  • Blue Circle Atlantic Inc v. Hill Top Developers Inc
    30 F3d 139
    MEMORANDUM Frederick and Christine Wood and Henry and Rita Varela were majority shareholders and principals of Imperial Cement, Inc., an importer and distributor of bulk cement. Frederick Wood is al...

  • Malmin v. Board Of Commissioners Of The Idaho State Bar
    30 F3d 139
    MEMORANDUM After Constance Malmin, an Idaho Attorney, received a private letter of reprimand from the Idaho State Bar Association, she initiated this action pro se in federal district court. She cla...

  • Vetsch v. Shalala
    30 F3d 140
    MEMORANDUM Joyce Vetsch appeals the magistrate judge's decision granting the Secretary's motion for summary judgment in her action for disability benefits under Title II of the Social Security Act, 4...

  • United States v. Burruel Leon
    30 F3d 140
    Before: NORRIS and O'SCANNLAIN, Circuit Judges, and COUGHENOUR, District Judge MEMORANDUM** Following his conviction for possession with intent to distribute marijuana, 21 U.S.C. Sec. 841(a)(1), de...

  • Oliver v. Commissioner Of The Mass Department Of Corrections
    30 F3d 270
    Pro se plaintiff-appellant Terry Oliver, a federal prisoner in the custody of the Massachusetts Department of Corrections [DOC], brought a civil rights action, pursuant to 42 U.S.C. Sec. 1983, against...

  • Coppee v. Venezolana De Cementos Saca Ca Ca
    31 F3d 70
    This motion to stay a remand order calls into question the appealability of an order remanding to state court an action removed pursuant to 9 U.S.C. Sec. 205 (1988), which permits removal "before the ...

  • Duct O Wire Company v. Us Crane Incorporated W
    31 F3d 506
    This case involves a suspiciously clever business practice. A company, U.S. Crane, built its business by subscribing to the expired phone numbers of other companies. One of these companies, the Duct...

  • United States v. L Wilson
    31 F3d 510
    Myro L. Wilson was convicted by a jury of three counts of distribution of cocaine base in violation of 21 U.S.C. Sec. 841(a)(1), and was sentenced to 63 months of imprisonment. He appeals, challengin...

  • Ivy v. Moore
    31 F3d 634
    Dana Ivy, a Missouri prisoner, brought this 42 U.S.C. Sec. 1983 action alleging that the defendants, all employees of the Missouri Department of Corrections, had violated his rights under the Fifth, E...

  • Sorensen Dunbar v. Shaklee Corporation
    31 F3d 638
    Kristofer and Katrina Sorensen have suffered from mental retardation since birth, allegedly caused by their parents' ingestion, prior to the children's conception, of alfalfa health food tablets produ...

  • Varied Investments Inc v. United States
    31 F3d 651
    Varied Investments, Inc., ("Varied") appeals the denial of its claim for a tax refund of $4,980,949.62 it paid as a deficiency assessment arising from the Internal Revenue Service's disallowance of a ...

  • United States v. Segars
    31 F3d 655
    Jamal Deshon Segars appeals from a final judgment entered in the District Court for the District of Minnesota finding him guilty, upon a jury verdict, of conspiracy to possess with intent to distribut...

  • Jones Sinclair Oil Corporation v. H Jones
    31 F3d 659
    Sinclair Oil Corporation (Sinclair) appeals from a judgment of the district court upholding a decision of the bankruptcy court dismissing its complaint for a declaration of nondischargeability of a de...

  • Lawrence v. M Armontrout
    31 F3d 662
    Edward V. Lawrence appeals from the order of the district court dismissing his petition for a writ of habeas corpus. 28 U.S.C. Sec. 2254 (1988). The district court determined that Lawrence failed to...

  • Franklin v. Foxworth
    31 F3d 873
    Johnny Curry and Gloria Franklin filed an action under 42 U.S.C. Sec. 1983 against three police officers and the City of Portland, alleging that the manner in which the officers executed a search warr...

  • Serrato v. John Hancock Life Insurance Company and Serrato
    31 F3d 882
    Vanessa Serrato appeals the district court's summary judgment determination that ERISA preempts her state-law medical benefit claims against the issuers, administrators, and underwriters of her parent...

  • United States Precision Company
    31 F3d 1015
    This is the second appeal brought to us from an order dismissing a False Claims Act action on defendants' motion. In the first appeal, we affirmed the district court's dismissal for lack of subject m...

  • Franklin Savings Association v. Office Of Thrift Supervision
    31 F3d 1020
    The Director of the Office of Thrift Supervision (Director) filed a bill of costs in district court following the dismissal of an action brought against the Director by Franklin Savings Association an...

  • Mardell v. Harleysville Life Insurance Company
    31 F3d 1221
    Nancy Mardell appeals from the grant of summary judgment for defendant Harleysville Life Insurance Company ("Harleysville") by the District Court for the Western District of Pennsylvania, 854 F.Supp. ...

  • United States v. Myers
    32 F3d 411
    On February 1, 1994, pursuant to a plea agreement, Thomas Lee Myers pleaded guilty to a single count of mail theft in violation of 18 U.S.C. Sec. 1708. In exchange for his guilty plea the government ...

  • Ogden v. San Juan County
    32 F3d 452
    Plaintiff-appellant Kevin K. Ogden, proceeding pro se, filed a 42 U.S.C. Sec. 1983 action on July 11, 1990, against San Juan County, the Farmington Police Department, the Aztec Detention Center, Johnn...

  • Shamrock Drilling Fluids Inc v. R Miller B 1 5 1 20
    32 F3d 455
    Ms. Patricia Skidgel, a victim of a fraudulent investment scheme by accountant Brian Miller, intervened in an action against Miller and others for common law fraud and violations of federal and state ...

  • United States v. Baze
    32 F3d 569
    The defendant, Ralph Baze, was convicted on three counts of being a felon in possession of a firearm, in violation of 18 U.S.C. Sec. 922(g). He was sentenced to 120 months on each count, the second a...

  • United States v. Clanton
    32 F3d 569
    On July 1, 1993, a jury in the Western District of Kentucky convicted Clarence Douglas Clanton, Appellant, of conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. Sec. 84...

  • Robinson v. Abb Combustion Engineering Services Inc
    32 F3d 569
    Plaintiff Donald W. Robinson (Robinson) appeals the dismissal of his employment discrimination case brought against defendant ABB Combustion Engineering Services, Inc. (ABB). On appeal plaintiff arg...

  • Reeves v. A Collins
    27 F3d 174
    Proceeding pro se and in forma pauperis (IFP), Wayne Morris Reeves, Jr., a TDCJ inmate at the T.L. Roach Unit, filed a civil rights complaint against TDCJ Director James Collins, Mr. M. Spiers, and Mr...

  • United States v. Pessefall
    27 F3d 511
    In this cocaine conspiracy case, we affirm the convictions and sentences of all appellants. In March, 1991, a multi-unit task force initiated an investigation of Roy Vinson Rickman to determine whet...

  • Brothers Iii v. Klevenhagen
    28 F3d 452
    Plaintiffs appeal a summary judgment in their excessive force suit against Harris County, Texas, and its sheriff. Finding no reversible error, we affirm. On November 5, 1988, Roland Brothers, Jr., ...

  • Reich v. Department Of Conservation and Natural Resources State Of Alabama
    28 F3d 1076
    The Secretary of Labor ("Secretary") appeals from the judgment of the United States District Court for the Middle District of Alabama finding in favor of the Alabama Department of Conservation and Nat...

  • Cardenas v. Skillings
    29 F3d 630
    MEMORANDUM Leopoldo Cardenas, a Washington state prisoner, appeals pro se the district court's entry of summary judgment in his 42 U.S.C. Sec. 1983 action. Cardenas contends that the court erred by ...

  • Hopkins v. Andaya
    29 F3d 632
    Before: FLETCHER and TROTT, Circuit Judges, and KING, District Judge. MEMORANDUM Oakland police officer Marc Andaya killed Jerry Stancill. Stancill's mother and his two children filed this Sec. 1...

  • United States v. Edelson
    29 F3d 635
    Before: BRUNETTI, KOZINSKI, and BOGGS, Circuit Judges. MEMORANDUM Joseph Edelson was convicted after a jury trial on five counts of income tax evasion for the years 1984 through 1988, in violation...

  • United States v. Sanders
    29 F3d 637
    Joshua William Sanders appeals his conviction and sentence on two counts of mailing a threatening communication in violation of 18 U.S.C. Sec. 876. Sanders plead guilty to both counts and received tw...

  • Bryant v. A Lanham P Bryant
    30 F3d 128
    William Bryant, a Maryland prison inmate, filed two 42 U.S.C. Sec. 1983 (1988) actions in district court: He challenged his placement on administrative segregation and his subsequent transfer from th...

  • Holsey v. Smith
    30 F3d 129
    Aaron Holsey appeals the district court's denial of his 28 U.S.C. Sec. 2254 (1988) petition. Because the petition contains both exhausted and unexhausted claims, we grant a certificate of probable ca...

  • Cherokee Corporation Of Linden Virginia Cherokee Corporation Of Linden Virginia v. Snow Machines Inc
    30 F3d 129
    Cherokee Corporation owned and operated a ski resort in Linden, Virginia, until it filed for bankruptcy in May 1991. Snow Machines, Inc. (SMI), designed, manufactured, and installed a snow-making sy...

  • Rice v. Phillips
    30 F3d 130
    Donald L. Rice appeals from a district court order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint as frivolous pursuant to 28 U.S.C. Sec. 1915(d) (1988). We vacate and remand. Rice alleged in ...

  • United States v. Defusco
    30 F3d 131
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • United States v. Oneal
    30 F3d 132
    Blane Wade O'Neal was convicted by a jury of being a felon in possession of a firearm, 18 U.S.C.A. Sec. 922(g)(1) (West Supp.1993) (Count One), of use of a firearm in relation to a drug trafficking cr...

  • Ameritrust Company Na v. Calloway
    30 F3d 133
    Creditor-Appellant appeals the avoidance of its judicial lien on residential real estate of debtor-appellee. The bankruptcy court granted the debtor's motion for avoidance of the judicial lien on the...

  • Marietta Franklin Securities Co v. Muldoon
    30 F3d 134
    Plaintiffs-Appellants Marietta Franklin Securities Co. ("Marietta") and Pioneer Savings & Loan Co. ("Pioneer") appeal the district court's dismissal of their motions to vacate judgment pursuant ...

  • United States v. Quigley
    30 F3d 135
    In Case No. 93-1429, the United States challenges a judgment imposing sentence upon Defendant-Appellee David James Quigley, and in Case No. 93-1520, the United States challenges a judgment vacating th...

  • Abdullah v. Acands Inc
    30 F3d 264
    Appellants Ali Abdullah, et al., appeal from an order dismissing their 1000-plaintiff and 93-defendant complaint with prejudice for failure to adhere to a court order requiring them to refile separate...

  • 14038b Culbertson v. E Shalala
    30 F3d 934
    Max Culbertson appeals the district court's order upholding his disability onset date as determined by the Secretary of Health and Human Services (the Secretary). We affirm. Culbertson submitted hi...

  • Lujano v. Omaha Public Power District
    30 F3d 1032
    Sandra Lee Dougherty, Omaha, NE, argued for appellant. Mary Kay Frank, Omaha, NE, argued, for appellee. Before ARNOLD, Chief Judge, WOLLMAN, Circuit Judge, and HAMILTON, District Judge. HAMILTON...

  • United States v. Tramp
    30 F3d 1035
    This case deals with the single issue of whether probation commences under an ambiguous sentencing pronouncement, while in or out of prison custody. Daniel Ignatz Tramp appeals the district court's o...

  • United States v. Reedy
    30 F3d 1038
    Gale Edwin Reedy appeals the upward adjustment of his guideline sentence. We affirm. Reedy entered a plea of guilty to a charge of conspiracy to distribute methamphetamine in violation of 21 U.S.C....

  • United States v. K Freeman
    30 F3d 1040
    The government charged William K. Freeman with violating several environmental laws. A jury convicted Freeman of illegally transporting and illegally storing hazardous waste without a permit in viola...

  • United States v. D Foreman
    30 F3d 1042
    Watie D. Foreman entered a conditional plea of guilty to one count of possession with intent to distribute methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. Sec. 841(a)(1)...

  • United States v. Craft
    30 F3d 1044
    After Kareem Sekou Craft exited an airplane at the St. Louis airport, police officers asked Craft if they could pat him down and Craft consented. During the search, an officer felt bulges around Craf...

  • United States v. Adail
    30 F3d 1046
    Tyrone Adail pleaded guilty to possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). Although the maximum statutory penalty for a Sec. 922(g) violation is 120 months, the district court s...

  • Cleary v. News Corporation
    30 F3d 1255
    Joseph E. Mueth, Los Angeles, CA, for plaintiff-appellant. Louis P. Petrich, Leopold, Petrich & Smith, Los Angeles, CA, and Slade R. Metcalf, Squadron, Ellenoff, Plesent & Lehrer, New York C...

  • United States v. Princeton Gamma Tech Inc
    31 F3d 138
    The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, limits judicial review of Environmental Protection Agency (EPA) cleanup programs. However, we c...

  • Arvinger v. Mayor and City Council Of Baltimore
    31 F3d 196
    After Stephen A. Arvinger filed this action alleging that the City of Baltimore breached a settlement agreement that resolved a prior civil rights suit, the City voluntarily afforded Arvinger some of ...

  • Auto Owners Insurance Company v. Thorn Apple Valley Inc
    31 F3d 371
    This narrowly focused appeal presents a question of federal common law that stems from a dispute between two insurers, one of which qualifies as an employee welfare benefit plan under the Employment R...

  • Adams v. Metiva
    31 F3d 375
    Plaintiff-appellant, Gene Autrey Adams, appeals the district court's grant of summary judgment to defendant-appellee, Paul Metiva, in this 42 U.S.C. Sec. 1983 suit. For the following reasons, we reve...

  • United States v. Brown
    31 F3d 484
    This is an appeal from convictions for bank fraud, money laundering, and conspiracy to commit bank fraud and money laundering, in violation of 18 U.S.C. Secs. 371, 1344, & 1956. We affirm. Visa...

  • Cheek v. Western and Southern Life Insurance Company
    31 F3d 497
    Loretta Cheek brought an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sec. 2000e-2(a), against her former employer, Western and Southern Life Insurance Company (Wester...

  • Kotasz v. Immigration and Naturalization Service
    31 F3d 847
    Mihaly and Agnes Kotasz, husband and wife, and their two children, Matyas and Erika, petition for review of the Board of Immigration Appeals' ("BIA") decision denying their applications for asylum and...

  • Rilling v. Burlington Northern Railroad Company
    31 F3d 855
    William Rilling seeks to escape the effect of a settlement agreement he made with Burlington Northern. Burlington Northern had not told him when he signed the settlement that it was being sued in ano...

  • Armendariz
    31 F3d 860
    In 1991, the City of San Bernardino closed a number of low-income housing units in the Arden-Guthrie section of town pursuant to a series of housing code inspections, referred to in the trade as "swee...

  • State Farm Fire Casualty Company v. Mhoon
    31 F3d 979
    WHITE, Associate Justice (Ret.). State Farm Fire & Casualty Company sought and received in federal district court a declaration that it had no obligation to insure or defend Robert Mhoon, one of...

  • United States v. Linn
    31 F3d 987
    Defendants-appellants Guy Sturlin and Theodore Linn appeal from their convictions and sentences for (1) conspiracy to commit certain offenses against the United States, 18 U.S.C. Sec. 371; (2) mail f...

  • Orjias v. Stevenson
    31 F3d 995
    Appellant/defendant, Louisiana-Pacific Corporation (L-P), appeals from the district court's judgment following a jury trial on the issues of negligence per se and common law nuisance. The appellees/p...

  • Parcel 49c Limited Partnership v. United States
    31 F3d 1147
    After selecting Parcel 49C Limited Partnership, the General Services Administration (GSA) cancelled a solicitation for a new Federal Communications Commission (FCC) headquarters building. The United ...

  • Enterprises Incorporated v. Renzi
    32 F3d 233
    The plaintiffs (collectively AmCan) sued the defendants (collectively American Yellow Pages) for infringing an unregistered trademark in violation of the Lanham Act, 15 U.S.C. Sec. 1125(a)(1)(A). See...

  • Hobbs v. Commissioner
    32 F3d 561
    Appellant taxpayer James P. Hobbs appeals the dismissal by the United States District Court for the District of Massachusetts of his complaint against the Internal Revenue Service for damages and/or i...

  • Best v. United States
    32 F3d 561
    This is an appeal from a judgment entered in favor of defendant-appellee, United States, after a non-jury trial in an action for alleged negligence pursuant to the Federal Tort Claims Act ("FTCA"), 28...

  • Ruh v. B Samerjan
    32 F3d 570
    Before RIPPLE and MANION, Circuit Judges, and GRANT, District Judge. Christine Ruh appeals from the dismissal of her civil rights action filed pursuant to 42 U.S.C. Sec. 1983. In her second amended...

  • Armbruster v. Unisys Corporation Iwashyna
    32 F3d 768
    Appellants, John P. Armbruster et al. (Armbruster Group), seek reversal of an order granting summary judgment in favor of appellee, Unisys Corporation (Unisys), on their claim of age discrimination u...

  • Richley v. Norris
    32 F3d 1237
    Accordingly, we affirm the judgment of the district court denying Richley's second petition for a writ of habeas corpus, see 8th Cir.R. 47B, and deny his motion for a stay of execution. ...

  • Schneider Ag v. Scimed Life Systems Inc
    34 F3d 1078
    This court's June 23, 1994 order stayed proceedings in appeal no. 94-1317 pending the district court's entry of final judgment and the filing of any appeals therefrom. The court's order also directed...

  • Konica Business Machines v. Vessel Sea Land Consumer
    47 F3d 314
    Chester D. Hooper, Haight, Gardner, Poor & Havens, New York City, for claimant-appellant. Michael W. Lodwick, Fisher & Porter, Long Beach, CA, for plaintiff-appellee. Appeal from the Unite...

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