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UNITED STATES V. GECAS

This document was created from RTF source by rtftohtml version 2.7.5 > United States v. Is a Lithuanian national who has lived in the United States as a resident alien for thirty four years. Claiming that his silence is protected by the constitutional privilege against self incrimination. Held that Gecas was entitled to the equitable relief provided by the privilege because he had a real and substantial fear of conviction under foreign law.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-10.gif" ALT="1000"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug97/93-3291.ma3.html">UNITED STATES V. GECAS </A> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Is a Lithuanian national who has lived in the United States as a resident alien for thirty four years. Claiming that his silence is protected by the constitutional privilege against self incrimination. Held that Gecas was entitled to the equitable relief provided by the privilege because he had a real and substantial fear of conviction under foreign law.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-9.gif" ALT="951"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/53333A1C2A376D138825723B005F9EE5/$file/0415044.pdf?openelement">OPINION/ORDER</A> He was denied entry. The Kamehameha Schools were created through a charitable testamentary trust. Plaintiff argues that he was denied admission because of his race in violation of 42 U.S.C. § 1981. Factual Background Historical Context2 The islands of Hawaii are geographically isolated in the South Pacific Ocean and were originally settled sometime between 1 and 750 A.D. The immediate result of that first encounter was that Native Hawaiians were introduced to Western goods and Western diseases. The first treaty was signed in 1826. Additional treaties were signed in 1849. Was commercially desirable. Western economic domination of the Hawaiian Islands was followed by an interest in establishing political control. Was overthrown by a small group of nonHawaiians. Who were assisted in their efforts by the United States Minister. Laws were then enacted suppressing the Hawaiian culture and language and allowing for the displacement of Native Hawaiians from their lands. The Hawaiian language was banned as a medium of instruction in schools. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="894"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9B0060CC6C9A8FD388256ECB005E36E8/$file/0355785.pdf?openelement">OPINION/ORDER</A> To avoid confusion on the part of readers of the various decisions we will continue to refer to him as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="874"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1464.01A">OPINION/ORDER</A> Wistow & Barylick Incorporated were on brief for plaintiff. Allen & Snyder were on brief for defendant. Title Insurance Company ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="836"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0E19D5FA5D1D35B088256E0600015A55/$file/0355785.pdf?openelement">OPINION/ORDER</A> The issues we are required to confront are new. 1 scores of individuals who were captured by the American military during its operations in Afghanistan. The captured individuals were labeled </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="836"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/429E2096892C3D8388256E00005FEB65/$file/0355785final.pdf?openelement">OPINION/ORDER</A> The issues we are required to confront are new. 1 scores of individuals who were captured by the American military during its operations in Afghanistan. The captured individuals were labeled </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="826"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/04/042575P.pdf">OPINION/ORDER</A> Concluding Wenzel did not show he was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-8.gif" ALT="802"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/95opinions/95-1066.html">FESTO CORP V. SHOKETSU KINZOKU KOGYO KABUSHIKI CO </A> With him on the brief were Gerald T. Of counsel on the brief were Charles L. Also of counsel on the brief was James B. With him on the brief was Louis T. Of counsel on the brief was Joseph R. Of counsel on the brief were John G. Also of counsel on the brief were Rory J. With him on the brief were Kendrew H. Of counsel on the brief were Perry M. Also on the brief was Mark J. Of counsel on the brief were Frederick T. Also of counsel on the brief was J. Of counsel on the brief was James W. Circuit Judge. </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="778"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov97/96-8884.opa.html">ASKEW V. CITY OF ROME </A> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Askew v. Senior District Judge. PER CURIAM: The judgment of the district court is affirmed for the reasons set forth in the thorough Order (opinion) entered on June 25. Plaintiffs contend that the Defendant City of Rome's methods of electing its City Commission and Board of Education are intentionally discriminatory against Rome's African American community and have the effect of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="778"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov97/96-8884.opa.html">ASKEW V. CITY OF ROME </A> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Askew v. Senior District Judge. PER CURIAM: The judgment of the district court is affirmed for the reasons set forth in the thorough Order (opinion) entered on June 25. Plaintiffs contend that the Defendant City of Rome's methods of electing its City Commission and Board of Education are intentionally discriminatory against Rome's African American community and have the effect of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="754"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Apr2001/011943.txt">OPINION/ORDER</A> The primary election is (as of the time of this opinion) scheduled to occur on June 5. We have. Will hereinafter. Named as Defendants are: (1) the Apportionment Commission. We will hereinafter refer to these parties collectively as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="716"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june2000/98-3693.man.html">MEEKS V. MOORE (6/27/2000, NO. 98-3693) </A> They noticed that Thompson was lying behind the sales counter and that she was apparently injured. The boys saw that blood was flowing out of a knife wound in her neck. Thompson was gasping for air and waiving her hand wildly. There was also blood on the counter and on the sides of the cash register. </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="716"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june2000/98-3693.man.html">MEEKS V. MOORE (6/27/2000, NO. 98-3693) </A> They noticed that Thompson was lying behind the sales counter and that she was apparently injured. The boys saw that blood was flowing out of a knife wound in her neck. Thompson was gasping for air and waiving her hand wildly. There was also blood on the counter and on the sides of the cash register. </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="716"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1994/94a0711p.txt">OPINION/ORDER</A> Because we conclude that the ACGME's conduct was not state action. We will reverse. Which is commonly referred to as a residency. Is defined in the Act as training approved or recognized by the board which is either: (1) accredited as graduate medical education by any accrediting body recognized by the board for the purpose of accrediting graduate medical education. . . . Or (2) provided by a hospital accredited by any accrediting body recognized by the board and is acceptable to an American specialty board towards the training it requires for the certification it issues in a medical specialty or subspecialty. . . . Are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="706"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb2001/99-13138.man.html">MADE IN THE UNITED STATES FOUND. V. UNITED STATES (2/27/2001, NO. 99-13138) </A> Whether certain kinds of international commercial agreements are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="706"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb2001/99-13138.man.html">MADE IN THE UNITED STATES FOUND. V. UNITED STATES (2/27/2001, NO. 99-13138) </A> Whether certain kinds of international commercial agreements are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="697"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr98/95-3255.opn.html">ARMSTRONG V. MARTIN MARIETTA CORP. (4/16/1998, NO. 95-3255) </A> Hull and Stanley Marcus became members of the court after this case was argued and taken under submission. The Supreme Court held that the commencement of a class action suspends the applicable statute of limitations for all asserted members of the putative class </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="697"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr98/95-3255.opn.html">ARMSTRONG V. MARTIN MARIETTA CORP. (4/16/1998, NO. 95-3255) </A> Hull and Stanley Marcus became members of the court after this case was argued and taken under submission. The Supreme Court held that the commencement of a class action suspends the applicable statute of limitations for all asserted members of the putative class </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="692"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/199913138.MAN.pdf">OPINION/ORDER</A> Whether certain kinds of international commercial agreements are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="682"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/199913138.OPN.pdf">OPINION/ORDER</A> Whether certain kinds of international commercial agreements are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="682"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/001331.P.pdf">OPINION/ORDER</A> Is a statesupported. The Citadel was forced to abandon its male only policy and began voluntarily admitting women to its Corps of Cadets in the fall of 1996. 345 (4th Cir. 1998).1 Appellant Jeannie Mentavlos was one of four women admitted to The Citadel that fall. She was assigned to Echo Company. With the exception of one cadet who was in default. She was subsequently allowed to amend her complaint to allege that the individual cadets were also state actors and elected to proceed solely on her § 1983 claim against them. The district court granted summary judgment on the alternative ground that Mentavlos failed to prove that his actions were discriminatory in nature. A damages hearing was still pending against him. 2 MENTAVLOS v. Are reviewed for clear error. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="682"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-1608.01A">OPINION/ORDER</A> With whom Seder & Chandler was on brief for appellants. Hall & Stewart were on brief for appellees Travelers Indemnity Company and Travelers Indemnity Company of Illinois. Colinvaux and Zelle & Larson were on brief for appellee American Manufacturers Mutual Insurance Company. Are obligated to defend and indemnify Dryden in connection with a lawsuit brought against Dryden by Raymond King. After the pleadings were closed. A liability insurance carrier must defend an action against its insured if the allegations </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="663"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may98/97-9381.man.html">LOPS V. LOPS (5/7/1998, NO. 97-9381) </A> Petitioner Initiates Divorce And Custody Proceedings In Germany Petitioner and Respondent Lops were married in Germany in June 1991. Petitioner initiated divorce and custody proceedings in the German family court for the district that was the marital and habitual residence of the parties. Judge Giwitz's letter further states that Respondent Lops dispelled these concerns by arguing that he was firmly rooted in Germany and had no further connection with the United States.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="663"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may98/97-9381.man.html">LOPS V. LOPS (5/7/1998, NO. 97-9381) </A> Petitioner Initiates Divorce And Custody Proceedings In Germany Petitioner and Respondent Lops were married in Germany in June 1991. Petitioner initiated divorce and custody proceedings in the German family court for the district that was the marital and habitual residence of the parties. Judge Giwitz's letter further states that Respondent Lops dispelled these concerns by arguing that he was firmly rooted in Germany and had no further connection with the United States.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="658"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199906/96-7239b.txt">OPINION/ORDER</A> With him on the briefs were John M. With him on the brief were Wilma A. With him on the brief was Arthur B. Farris was on the brief for amicus curiae Home School Legal Defense Association. Holding that it violates the fundamental rights of minors and their parents and is unconstitutionally vague. Rehearing en banc was granted. Determining that juvenile crime and victimization in the District was a serious prob lem and growing worse unanimously adopted the Juvenile Curfew Act of 1995. The curfew contains eight </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="653"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1996/96a1312p.txt">OPINION/ORDER</A> This is such a case. It is a class action that seeks to settle the claims of between 250. 000 individuals who have been exposed to asbestos products against the twenty companies known as the Center for Claims Resolution (CCR).[fn2] Most notably. These </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="653"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199903/97-7019a.txt">OPINION/ORDER</A> With them on the briefs were Sally M. With them on the brief was Christopher L. To those claimants who have thus far not settled with the unions. Although we are reluctant to prolong this unduly protracted litigation any longer. I. Background The background of this case is set out in full in our prior opinion. Although referrals were available to non union </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="639"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4047_010.pdf">OPINION/ORDER</A> Holding that Humphries could not establish his prima facie burden of showing that a similarly situated individual in a non protected class was treated more favorably. 2 No. 05 4047 We reverse the district court's grant of summary judgment as to Humphries's retaliation claim because Humphries made a sufficient showing under the indirect method to establish a prima facie case of retaliation under section 1981. I. BACKGROUND The following facts are recounted in the light most favorable to Humphries. Was an associate manager at a Cracker Barrel restaurant in Bradley. Associate managers at Cracker Barrel are supervised by a general manager. Who in turn is supervised by a district manager. His performance during his first two and a half years (roughly February 1999 through midJuly 2001) was generally excellent. Such as stating that all African Americans are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="634"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/994183.P.pdf">OPINION/ORDER</A> He contends that when such acts are committed solely for a valid journalistic purpose. Most of that time was spent as a staff reporter or news director of radio stations in the Washington. Is currently working in television. He sought to determine whether child prostitution </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="629"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/78A05448111539FD88256E6000767CD0/$file/0256283.pdf?openelement">OPINION/ORDER</A> Circuit Judge: We must decide whether service of process by an American plaintiff on an English defendant through regular mail to a post office box is valid under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents1 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="615"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0023n-06.pdf">OPINION/ORDER</A> Who are also white. Robb mentioned that there was also a black cat that had disappeared. He told Campbell that the black cat was his </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="615"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0268p-06.pdf">OPINION/ORDER</A> Williams's appeal is now before the court. After receiving word via walkie talkie that the situation was secure. Who were roommates. Jessica answered the door and told Wynn that Madison was not home and Howard was asleep. Went back in </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="605"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/56ADB59DAD4DF55388257248007DAED4/$file/0372511.pdf?openelement">OPINION/ORDER</A> Argued the case and was on the briefs of petitioners Nevada Power Company and Sierra Pacific Power Company. Were also on the briefs as attorneys for the same parties. Argued the case and was on the briefs of petitioner Southern California Water Company. Lyons was also on the briefs as attorney for the same party. Argued the case and was on the briefs of petitioner Public Utility District No. 1 of Snohomish County. Were also on the briefs as attorneys for the same party. 19546 PUBLIC UTILITY DISTRICT v. Were on the briefs of petitioner Office of the Nevada Attorney General. Argued the case and was on the briefs of the respondent. Were also on the briefs as attorneys for the respondent. Was on the brief of intervenor Public Utilities Commission of Nevada. Were on the joint brief of the intervenors. Were on the joint brief of the intervenors. Were on the brief of intervenor Mirant Americas Energy Marketing LP. Will & Emery LLP. Were on the brief of intervenor Morgan Stanley Capital Group Inc. Argued the case and was on the joint brief of the interve PUBLIC UTILITY DISTRICT v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="596"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2143.01A">OPINION/ORDER</A> Was on brief. Lewis LLP was on brief. Brought by a company whose hazardous waste was deposited at the Picillo site against a group of people who were involved with the site. </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="586"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Aug2004/Aug09/03-20226-CV0.wpd.pdf">OPINION/ORDER</A> OTSI is an independent contractor that supplies experienced personnel. The stated purpose of which was to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="586"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0536n-06.pdf">OPINION/ORDER</A> Because some of Austion's claims were untimely. Because Clarksville's other contentions are without merit. Who is African American. He quickly was selected as an officer for the Vice/Narcotics Unit. He was aware that they were displayed in the station. He held that position for two years until 1998 when he was demoted to patrolman because of performance deficiencies. The noose was displayed for at least four months until African American Detective Tony Blakely contacted the National Association for the Advancement of Colored People ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="572"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971723.P.pdf">OPINION/ORDER</A> We agree that the ordinance is constitutional and affirm the judgment of the district court. Minors may participate in any activity during curfew hours if they are accompanied by a parent. The ordinance exempts minors who are engaged in interstate travel. Are on the sidewalk abutting their parents' residence. Or are involved in an emergency. The ordinance does not affect minors who are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="572"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Apr1996/96a1291p.txt">OPINION/ORDER</A> After he was released. After summary proceedings in which no evidence was heard and virtually no factual record developed. These cross appeals present numerous questions (some of which are quite difficult): (1) Do the registration and notification provisions of Megan's Law constitute </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="572"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-4071.wpd">OPINION/ORDER</A> These matters are before the court on the petition for rehearing filed on behalf of Garfield and Kane Counties. We have determined to amend the original panel opinion on page 86. A copy of the amended opinion is attached to this order. The petition for panel rehearing is otherwise denied in all respects. Most of the transportation routes of the West were established under its authority. R.S. 2477 rights of way were an integral part of the congressional pro development lands policy. The statute thus had the effect of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="572"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200204/98-1333c.txt">OPINION/ORDER</A> With him on the briefs were John P. With him on the briefs were John J. With them on the briefs were Joan Dreskin. With him on the briefs were Steve Stojic. With him on the briefs were E. With them on the briefs were Bruce F. Mallory were on the briefs for petitioners and intervenors. With him on the briefs were Joshua B. With him on the briefs were C. Myers were on the brief for intervenors in support of Lifting the Rate Cap. Corman were on the brief for intervenor Interstate Pipeline. With him on the brief were Peter G. Lewis and Niki Kuckes were on the brief for intervenors Amoco Production Company. With the following exceptions: we reverse and remand with respect to the five year cap on the mandatory right of first refusal and in part with respect to the limitations on pre arranged releases (is sues V.A.1 and VIII in the Table of Contents). Waiver of the rate ceilings for short term capacity releases by shippers The heart of Order No. 637 was the Commission's decision to lift for a two year period the cost based rate ceilings that it previously imposed on short term </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="572"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0544n-06.pdf">OPINION/ORDER</A> Were he not Romeo call'd. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="572"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/98opinions/98-1333c.html">INTERSTATE NATURAL GAS ASSOCIATION OF AMERICA V. FERC </A> Eastment argued the cause for petitioners Opposing Lifting of Rate Cap. </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="552"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/97opinions/97-5293a.html">AMATEL JOSEPH V. HAWK, KATHLEEN </A> With him on the briefs were Frank W. With her on the brief were Ann M. Taylor was on the brief for amici curiae National Coalition for the Protection of Children &. The statute is not enforced directly. Ruled that it was facially invalid as a violation of the First Amendment and enjoined its enforcement. Federal regulations authorized prison wardens to reject a publication </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="552"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1995/95a1144p.txt">OPINION/ORDER</A> Amana is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="552"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199809/97-5293a.txt">OPINION/ORDER</A> With him on the briefs were Frank W. With her on the brief were Ann M. Taylor was on the brief for amici curiae National Coalition for the Protection of Children & Families. The statute is not enforced directly. Ruled that it was facially invalid as a violation of the First Amendment and enjoined its enforcement. Federal regulations authorized prison wardens to reject a publication </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="548"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-5050a.html">ANDRX PHARMACEUTICALS V. BIOVAIL CORPORATION INTERNATIONAL </A> Singer were on brief. </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="548"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200107/00-5050a.txt">OPINION/ORDER</A> Singer were on brief. Todaro were on brief. Unless an approval of an application filed pursuant to (b) or (j) of this section is effective with respect to such drug. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="538"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug2002/01-13776.opn.html">JAMES N. KIRBY, PTY LTD. V. NORFOLK S. RY. CO. (8/8/2002, NO. 01-13776) </A> Is about Himalaya clauses. It is a bill of lading case. </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="538"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug2002/01-13776.opn.html">JAMES N. KIRBY, PTY LTD. V. NORFOLK S. RY. CO. (8/8/2002, NO. 01-13776) </A> Is about Himalaya clauses. It is a bill of lading case. </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="538"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200113776.opn.pdf">OPINION/ORDER</A> Is about Himalaya clauses. It is a bill of lading case. The issue it presents us is whether a railroad's liability. To a shipper for damage done to goods by the derailment a train is limited by the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="528"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Feb1995/95a0980p.txt">OPINION/ORDER</A> We are. Paragraph 52 of the complaint stated that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="528"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200309/02-5045a.pdf">OPINION/ORDER</A> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="504"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1994/94a0696p.txt">OPINION/ORDER</A> These questions are extremely important in light of the widespread and increasing use by district courts of confidentiality orders to facilitate settlements. The Newspapers' purpose for intervening was to gain access to the Settlement Agreement which was entered into between Pansy and the Borough. The Newspapers argued that either the Agreement was a judicial record to which it had a right of access. The district court ruled that the Newspapers' motion for intervention was untimely. The district court held that the Agreement was not a judicial record. We will reverse the order of the district court and direct that the Newspapers be permitted to intervene. We will remand the case to the district court for proceedings consistent with this opinion. We have jurisdiction under 28 U.S.C. § 1291. The standard of review for each issue raised in this appeal will be discussed in the analysis of the issue. He was investigated and later arrested by agents of the Pennsylvania Attorney General's Office. Pansy was charged with offenses relating to the alleged improper handling of parking meter money. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="504"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/97opinions/97-1116a.html">LUTHERAN CHCH MO V. FCC </A> Schaerr were on the briefs. Daniel M. Were on the brief. Robert B. Honig was on the brief for intervenors Missouri State Conference of Branches of the NAACP. Was on the brief for the United States as amicus curiae. Michael E. Rosman was on the brief for amici curiae Center for Individual Rights and National Religious Broad casters. Michael P. May were on the brief for amicus curiae American Center for Law and Justice. Before: Silberman. Both stations are housed on the campus of the Church's Concordia Semi nary and. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="504"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-1951.PDF">OPINION/ORDER</A> Are essentially undisputed. Steve Wentland were drinking at Moore's house. Who was seated in the front. Who was driving. After Wentland was down. Where they awoke Conner's employer and were given access to a warehouse. He was apprehended in Texas on No. 03 1951 3 January 30. The penalty phase hearing was held on October 9. Including that his confession was improperly admitted because it was obtained in violation of his Fifth Amendment rights. Which under Indiana law is a remedy limited to issues not known at trial or not available on direct appeal. Including: (1) his confession was obtained through manipulation. Was therefore improperly admitted at trial. (3) he was denied effective assistance of trial counsel. Legal Standards A federal court may grant habeas relief only if the petitioner demonstrates that he is in custody </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="504"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-2343.01A">OPINION/ORDER</A> P.A. were on brief for appellants. P.A. were on brief for appellants. Jr. with whom Wright & Cherry were on brief for Peter S. Jr. with whom Wright & Cherry were on brief for appellees. appellees. The loan was secured by a first mortgage on the Chroniak residence. The loan was repaid in full by June 1988. 000 within ninety days of its execution. 3 The loan was secured by a second mortgage on the Chroniak home. Chroniak made what she believed was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="504"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1618.01A">OPINION/ORDER</A> Comey Boyd & Luskin were on brief. Were on brief. Slomovits was accepting millions of dollars in cash each week from Duvan Arboleda. The transactions were accomplished without documentation. The bills were usually in small denominations. These purchases were made at various banks by underlings (e.g. The money received in New York was transported to Rhode Island by armored car and then deposited in an account standing in the name of a controlled corporation. See 31 U.S.C.A. 5324 (West Supp. 1995) is called </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="504"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199804/97-1116a.txt">OPINION/ORDER</A> Schaerr were on the briefs. Were on the brief. Honig was on the brief for intervenors Missouri State Conference of Branches of the NAACP. Was on the brief for the United States as amicus curiae. Rosman was on the brief for amici curiae Center for Individual Rights and National Religious Broad casters. May were on the brief for amicus curiae American Center for Law and Justice. Both stations are housed on the campus of the Church's Concordia Semi nary and. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="504"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/EF48386956684E8388256F540056492F/$file/0273538.pdf?openelement">OPINION/ORDER</A> ASHCROFT 16177 Immigration Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="504"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1997/97a1678p.txt">OPINION/ORDER</A> Was abducted. The members of the community were unaware of the accused murderer's history. Forty nine states had adopted sex offender registration laws and thirty two states maintained some form of community notification program. 6 We have before us challenges to the constitutionality of the notification requirements of New Jersey's Megan's Law based on the Ex Post Facto. The issues before us are difficult but relatively narrow. We are not called upon to decide whether Megan's Law can constitutionally be applied to one who has committed one of the designated sex crimes after its enactment. Is it our responsibility to determine whether the policy judgments reflected in Megan's Law are prudent ones. Public reaction to Megan's murder was intense. The Law and Public Safety Committee held a hearing upon pending legislation that pre dated Megan's Law and would have required victim notification on the release of offenders. Registration and community notification bills identical to their General Assembly counterparts were introduced in the Senate on September 12. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-2040.01A">OPINION/ORDER</A> Remmel & Zimmerman was on brief for appellant. P.A. were on brief for appellee. Unitex defaulted on a $3 million bank loan owed to Indian Head National Bank ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-1307.01A">OPINION/ORDER</A> With whom Norman Roy Grutman and Grutman Greene & Humphrey were on brief. Mahoney & Miller were on brief. Vetter & White were on brief. Was a vendor to Sammartino. The gold was made available in daily allotments for SI's manufacture of fine jewelry. A field warehouse was established under the auspices of SLT Warehouse Company (SLT). Putnam was to be paid for the metal as and when the manufacturer sold the jewelry which it made from the gold. Learned that Putnam's carrier was planning to cancel existing coverage. Pateman was the lead underwriter.1 In July 1987. Sammartino notified Putnam that substantial amounts of the vendor's gold were missing. Putnam filed claim under the Lloyd's policy for 1Lloyd's marine policy no. 243440200 was syndicated and. That Pateman was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1045.01A">OPINION/ORDER</A> Alvarez LLP were on brief. S were on brief. The suit was dismissed at the pleadings stage under Fed. Have agreed to and created a monopoly in the JUA as to all forms of low cost compulsory insurance and have boycotted and coerced at least one broker in order to maintain that monopoly. The private insurers and the JUA argue that this monopoly is a result required by the state law. That is untrue. The claims before us are a different matter: a federal antitrust suit raises different issues than issues of compliance with local statutes. It was estimated that only 25 percent to 30 percent of the vehicles in Puerto Rico were covered under some type of liability insurance. </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/05/99-1465.htm">99-1465 -- ALLISON V. BANK ONE - DENVER -- 05/15/2002 </A> The district court dismissed the RICO and COCCA claims prior to trial and they are not the subject of these appeals. Before us are the parties' appeals and cross appeals arising from the district court's rulings. Including its post judgment decisions regarding costs.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/044DE357BD726D7288256DF10063BDE4/$file/0255082.pdf?openelement">OPINION/ORDER</A> Plaintiffs are legal and social service organizations and two individuals who seek to provide </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="456"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0522n-06.pdf">OPINION/ORDER</A> Defendant did not have a plea agreement with the prosecution. Inasmuch as Defendant wished to have the right to appeal his conviction and sentence. Defendant filed a motion to have the district court sentence Defendant below the then mandatory range provided by the Federal Sentencing Guidelines ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="456"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0054p-06.pdf">OPINION/ORDER</A> DiCarlo was terminated near the end of his probationary employment period for what the Postal Service asserted as unsatisfactory work performance. DiCarlo alleges that he was terminated on the basis of national origin. He also asserts that his termination was in retaliation for the Equal Employment Opportunity ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="456"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/044593p.pdf">OPINION/ORDER</A> We find that any aboriginal rights held by the Delaware Nation to the land known as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="456"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1997/97a1644p.txt">OPINION/ORDER</A> This is an appeal from an order of the district court imposing heavy sanctions upon a law firm. Is charged in the underlying complaint with having poisoned </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="456"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1997/97a1644p.htm">OPINION/ORDER</A> Circuit Judge. </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="456"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/974750.P.pdf">OPINION/ORDER</A> That the provision is unconstitutional. The district court erred in suppressing Dickerson's voluntary confession on the grounds that it was obtained in technical violation of Miranda. Dickerson was subsequently indicted by a federal grand jury on one count of conspiracy to commit bank robbery in violation of 18 U.S.C.A.§ 371 (West Supp. 1998). Although the district court specifically found that Dickerson's confession was voluntary for purposes of the Fifth Amendment. It nevertheless suppressed the confession because it was obtained in technical violation of Miranda.1 In ruling on the admissibility of Dickerson's confession. That </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="456"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/034257.P.pdf">OPINION/ORDER</A> Crucial to accomplishing this goal were three fences in Florida. Was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="456"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-9577.wpd">OPINION/ORDER</A> The petition for review is therefore denied. There is an exception from FERC jurisdiction. (2) </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="456"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/97opinions/97-1371.html">RITCHIE WILLIAM B V. SIMPSON ORENTHAL JAMES </A> THE JUICE were filed on behalf of Orenthal James Simpson for use with a broad range of goods. After the marks were approved by an examiner in the United States Patent and Trademark Office ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="442"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/02/01-4176.htm">01-4176 -- AXSON-FLYNN V. JOHNSON -- 02/03/2004 </A> Who is Mormon. The district court granted summary judgment to Defendants on both claims and found that they were also entitled to qualified immunity. Sandy Shotwell asked Axson Flynn if there was anything she would feel uncomfortable doing or saying as an actor. Although the record is unclear as to whether Axson Flynn explained at the time why she had those objections. The district court summarized her reasons as follows: [H]er refusal to use the words </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="442"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200412758.pdf">OPINION/ORDER</A> Sitting by designation. * At issue in this case is the constitutionality of the City of Neptune Beach's sign code. I. Solantic is a business operating emergency medical care facilities in various locations. A videotape showing the sign was viewed by the district court and is part of the record. Solantic states that the EVMC sign </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="442"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200517164.pdf">OPINION/ORDER</A> That is the question. Are the Alabama sturgeon and the shovelnose sturgeon separate species? Which one observer has noted </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="437"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTQwNjYtY3Zfb3BuLnBkZg==/04-4066-cv_opn.pdf">OPINION/ORDER</A> Was severely damaged when the train carrying the cargo derailed in Texas. The bills of lading were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/06/00-3055.htm">00-3055 -- TOWNSEND V. LUMBERMEN'S MUTUAL CAUSALTY -- 06/24/2002 </A> These motions were denied and the case was submitted to the jury. We also have before us an amicus curiae brief filed by the Equal Employment Opportunity Commission ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200102/00-5081a.txt">OPINION/ORDER</A> With him on the briefs were Lois J. With him on the brief were Dennis Gingold. Plaintiffs sought a declaratory judgment delineating appellants' trust obligations to IIM trust benefi ciaries and injunctive relief to ensure that such trust obli gations are carried out. The district court concluded that the federal government and its officers have been derelict in their duties. Notwithstanding the fact that appel lants have taken significant steps towards the discharge of the federal government's fiduciary obligations. Appellants clearly have yet to fulfill their trust duties. The relief ordered was well within the district court's equitable powers. This is undeniable. Such duties are grounded in the very nature of the government Indian relationship. It is equally clear that the federal government has failed time and again to discharge its fiduciary duties. There is no dispute that appellants. Have failed to discharge fully their fiduciary obligations. The issue we confront is whether the district court properly delineated the contours of the obligations owed by the Interior Secretary. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1517.01A">OPINION/ORDER</A> Luckerman was on brief. Russell was on brief. Were on brief. We reverse. </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/08/981089P.pdf">OPINION/ORDER</A> Vaunetta Washington are the respective owners and operators of Tuxedos. Tracy Bedford is one of the dancers who regularly performs at Big Earl's Goldmine. Whether or not the owner of the place of business in which the activity is performed employs or pays any compensation to such person to perform such activity. 4. If such person advertises that any activity prohibited by this section is allowed or permitted in such place of business. 6. Or similar establishment which is primarily devoted to the arts or theatrical performances and in which any of the circumstances contained in this section were permitted or allowed as part of such art exhibits or performances. The statute's prohibitions were directed at the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept96/95-6243.opa.html">JENKINS V. TALLADEGA CITY BD. OF ED. </A> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Jenkins v. Circuit Judge: This action was brought on behalf of two elementary school students who allegedly were strip searched by a teacher and guidance counselor after having been accused of stealing money from a classmate. The district court concluded that defendants were entitled to summary judgment on all claims. Cassandra Jenkins and Onieka McKenzie were eight year old second graders at Graham Elementary School in Talladega. That $7 was missing from her purse. No money was revealed. A guidance counselor whose office was nearby. Who was waiting outside. Anthony claimed that the money was hidden behind a file cabinet and then. When nothing was found there. That it was stashed in a locker. Nelson concluded that Anthony had no idea where the money was and dismissed him. From Nelson's office. Cassandra was wearing a slip. Onieka was wearing only underpants. She shook the slip Cassandra was wearing. After nothing was found. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0209p-06.pdf">OPINION/ORDER</A> 2005 he was sentenced to 180 months in prison. Arguing that the three search warrants leading to evidence incriminating him were not supported by probable cause. Wagers Page 2 I This is Wagers's second conviction on child pornography charges. He was convicted in 1997 of one count of possession of child pornography and sentenced in the United States District Court for the Eastern District of Kentucky to 366 days in prison. The terms of his guilty plea allowed him to appeal the conviction on the grounds that the search warrants used in the investigation were not supported by probable cause. Though the lengths of Wagers's subscriptions are not clear from the record. It appears that each of Wagers's subscriptions was for between one and two months of membership. This inference has been offered by Wagers and is not contested by the government. He was arrested for possession of child pornography. Wagers's guilty plea and conviction are based on images found on his home computer. Were transmitted via his American Online account. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/007.P.pdf">OPINION/ORDER</A> I. Frye was sentenced to death on November 15. That decision was upheld on April 8. Were unconstitutionally vague and overbroad. Are largely drawn from the accounts related by the state courts the Supreme Court of North Carolina and the MAR court. An empty wallet was discovered on the floor of the house. Frye was thereafter tried in the Superior Court of Catawba County for first degree murder and for robbery with a dangerous weapon. The prosecution case against Frye was. Was able to purchase crack cocaine with a thick wad of money. The physical evidence implicating Frye was overwhelming. Frye's blood was found at the murder scene on a mattress. Their plan was to instead focus on avoiding the death penalty by presenting mitigation evidence to the jury during the trial's sentencing phase.2 This plan was frustrated. When it was clear that neither Frye nor his family members would testify. He was given away at a restaurant by his parents to a family of strangers. He was severely beaten and subjected to extreme physical torture by the father of that family. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-7175a.html">CHARTER OIL CO V. AETNA </A> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept96/95-6243.opa.html">JENKINS V. TALLADEGA CITY BD. OF ED. </A> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Jenkins v. Circuit Judge: This action was brought on behalf of two elementary school students who allegedly were strip searched by a teacher and guidance counselor after having been accused of stealing money from a classmate. The district court concluded that defendants were entitled to summary judgment on all claims. Cassandra Jenkins and Onieka McKenzie were eight year old second graders at Graham Elementary School in Talladega. That $7 was missing from her purse. No money was revealed. A guidance counselor whose office was nearby. Who was waiting outside. Anthony claimed that the money was hidden behind a file cabinet and then. When nothing was found there. That it was stashed in a locker. Nelson concluded that Anthony had no idea where the money was and dismissed him. From Nelson's office. Cassandra was wearing a slip. Onieka was wearing only underpants. She shook the slip Cassandra was wearing. After nothing was found. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/962779.P.pdf">OPINION/ORDER</A> As follows: On page 14 the first sentence of the dissent is corrected to read: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Aug2004/Aug25/03-60455-CV0.wpd.pdf">OPINION/ORDER</A> We find that the district court properly granted the USPS summary judgment and the Union a partial dismissal. 1 Terrell Gibson was terminated by the USPS for falsifying medical documentation in connection with a work absence. Determining that the action was barred by the statute of limitations. Concluding that Gibson's claim that the USPS breached the CBA was precluded because the decision of the MSPB operated as res judicata. Gibson's claim was therefore dismissed with prejudice. Summary judgment is appropriate when. There is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Gibson's claims against the USPS and the Union are analogous to a hybrid action under § 301 2 of the Labor Management Relations Act. 29 U.S.C. § 185.1 Hybrid § 301 actions are comprised of two elements: 1) an allegation that the employer breached the collective bargaining agreement. See id. ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/87B3E45CA16F079288257172007818E4/$file/0350608.pdf?openelement">OPINION/ORDER</A> Lo contends that this court does not have jurisdiction to consider this appeal and that there was insufficient evidence to support the verdicts. We hold that we do have jurisdiction to consider the Government's appeal and that there was sufficient evidence to support the jury's verdicts. Because there was no evidence that he conspired with anyone besides government agents. LO 5453 that there was sufficient evidence that Lo conspired with Kuan to achieve all four of the charged objects of the conspiracy and that Lo's conviction may be based on this evidence even though the jury acquitted Kuan of conspiracy. That it was therefore error for him to be subject to the mandatory minimum sentences contained in 21 U.S.C. § 841(b). We reject this argument and hold that Lo is subject to those mandatory minimum sentences. That Lo is entitled to a limited remand for sentencing purposes pursuant to United States v. 4 methylenedioxyphenyl 2 propanone ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-1079.pdf">OPINION/ORDER</A> With him on the brief were Bruce R. Of counsel was H. With him on the brief were Edward C. The court will collectively refer to these parties as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/09/97-1076.htm">97-1076 -- DRAKE V. COLORADO STATE UNIVERSITY -- 09/08/1998 </A> Judgment and affirm. </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2004/033124p.pdf">OPINION/ORDER</A> Chen's primary argument is that he is eligible for asylum based on his fiancee's forced abortion at the hands of Chinese government officials. Chen relies on a decision of the Board of Immigration Appeals holding that the spouse of a person who was forced to undergo an abortion or sterilization is deemed under a 1996 amendment to 8 U.S.C. § 1101(a)(42) to have suffered past persecution. While he and his fiancee were never married. They would have married The Honorable J. Which was instituted as part of the country's oppressive population control program. Chen contends China's refusal to permit him to marry constituted persecution and that therefore the BIA's decision to limit C Y Z to married persons is irrational and arbitrary and must be rejected. Is reasonable. Are both natives and citizens of the People's Republic of China. Chen was 19 and Chen Gui was 18. The couple discovered that Chen Gui was pregnant. Since the legal age to marry was 25 for men and 23 for women. 1 We note that officially the minimum age for marriage in China appears to be 22 for men and 20 for women. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTc4OTdfb3BuLnBkZg==/03-7897_opn.pdf">OPINION/ORDER</A> Who are the beneficial owners of Brickellbush. N.V. and other persons who may be interested in this action and who are presently unknown to plaintiffs. Thus we conclude that their substantive RICO claims were properly dismissed. Because Plaintiffs' RICO conspiracy claims are entirely dependent on their substantive RICO claims. We affirm the judgment of the District Court in all respects.1 BACKGROUND Familiarity with the facts giving rise to this appeal is assumed. As those facts are set forth in the District Court's comprehensive published opinions. We relate below only those facts and proceedings that are relevant to the present appeals. Sohrab was to pay FCAM $4.5 million in return for an interest in a new Delaware corporation called First Capital Corp. The action was commenced in December 1993. Found that Sohrab himself was not personally liable.1 NACI and NAP were shell companies. That dismissal was reversed as against Sohrab by the Appellate Division.3 In June 2001. Judgment was entered in Oost Lievense's favor. 1 2 1 2 1 2 3 1 2 1 See First Capital v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19958459.OPA.pdf">OPINION/ORDER</A> Survivors of three naval aircraft crewmembers who were killed after ejecting from a crashing Lockheed manufactured aircraft. Were killed and Air Warfare Technician Second Class (AW2) Tracy Mann was injured when they ejected from a S 3 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-5081a.html">ELOUISE PEPION COBELL, ET AL. V. GALE A. NORTON </A> With him on the briefs were </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-4330.PDF">OPINION/ORDER</A> This is a suit by common shareholders of Cadant. The defendants are two corporate entities that we'll call </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/99/99-1492.PDF">OPINION/ORDER</A> Terry Young were collectively convicted of conspiracy to possess with intent to distribute cocaine. Cox and Young were also convicted of possession of cocaine with the intent to distribute. Mohammad Mansoori was convicted of engaging in monetary transactions involving funds derived from criminal activity. 99 3623 was convicted of money laundering. Who were engaged in narcotics trafficking had organized a drug deal that. Was assigned to transfer the cocaine from White to another TVL member. Once Bronson was in possession of the cocaine. Mohammad Mansoori was not a member of TVL. Choice were all members of TVL. Was in charge of the drug sales. Mansoori made several large cash payments to contractors for a house he was having built in Highland Park. He used Young's money to make the purchase and understood that the house was actually Young's. An IRS agent testified that he did not think that Young could have purchased the property with his legitimate sources of income. The defendants were using to conduct their narcotics business. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19956243.OPA.pdf">OPINION/ORDER</A> Circuit Judge: This action was brought on behalf of two elementary school students who allegedly were strip searched by a teacher and guidance counselor after having been accused of stealing money from a classmate. The district court concluded that defendants were In particular. Cassandra second Jenkins at and Graham Onieka McKenzie were in eight year old graders Elementary School Talladega. That $7 was missing from her purse. She instructed No money was Herring took charge of the investigation. the three students to take off their shoes and socks. revealed. A guidance counselor whose office was nearby. Who was waiting outside. Anthony claimed that the money was hidden behind a file cabinet and then. When nothing was found there. That it was stashed in a locker. Nelson concluded that Anthony had no idea where the money was and dismissed him. Herring ordered the two Cassandra was Herring then girls to take off their dresses. Onieka was wearing only underpants. instructed them to shake their dresses. She shook the slip Cassandra was wearing. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/83C04946336FE37788256F9D00837D0C/$file/0315598.pdf?openelement">OPINION/ORDER</A> Circuit Judge: The Placer County Air Pollution Control District ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0058p-06.pdf">OPINION/ORDER</A> Which is located in Fort Thomas. Seventh and eighth grades and is part of the Fort Thomas Public School District. The Council has responsibility for setting school policy that is consistent with the school board's policies and that is designed to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-1624.01A">OPINION/ORDER</A> Were on brief for appellee. Bartelho was sentenced on May 26. A reasonable jury could have found the following facts. So he must still have been upstairs. Four Windham police officers were dispatched to the scene. Officer Williams told Harris that the police were responding to a report that she had been assaulted and threatened with a firearm. The officers observed that Harris' eyes were puffy. The officers concluded that Harris was protecting Bartelho. Including their belief that Harris was lying to protect Bartelho. The 3 3 fact that Route 115 is a busy highway where the town's Fourth of July parade was about to begin. They concluded that if the defendant were allowed to remain in the apartment. A warrant was executed authorizing a search of the Bartelho Harris apartment for evidence of bank robbery. Part of the basis for the warrant was the FBI's belief that the weapon found during the earlier. Warrantless search ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/043936p.pdf">OPINION/ORDER</A> We will grant RML's motion to dismiss because we lack jurisdiction over Morton's premature appeal. The New Jersey Department of Environmental Protection ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0559n-06.pdf">OPINION/ORDER</A> Petitioner is currently incarcerated in Michigan state prison after being found guilty in a bench trial of two counts of first degree criminal sexual conduct. Petitioner was tried and convicted of two counts of firstdegree criminal sexual conduct but was acquitted of the other three counts. Inasmuch as Petitioner was a third habitual offender under Mich. Which was based on inconsistent and inadequate findings of fact. B. FACTS The following facts were found by the state court of appeals. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0850n-06.pdf">OPINION/ORDER</A> Craighead and Haney </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-1712.01A">OPINION/ORDER</A> Inc. was onbrief for appellees. Was defeated at the polls. Is a Democrat. Because parimutuel wagering is permitted at theprivately owned jai alai fronton in Newport. State employees are assigned to work there. The fronton is open on a seasonal basis. All were Republicans. 4. The list was delivered the same day. The three vacant positions were specified. 5. Denominating the job that each person was to perform at thefronton. The plaintiffs' positions were encompassed. Twelve ofthe newcomers were Democrats. Was Cruise's close personal friend. 6. The plaintiffs were cashiered the next day. The court determined that interim relief was warranted. Theparties agree that partisan political affiliation was not alegitimate requirement for the due performance of any of theaffected jobs. The plaintiffs were protected against patronagedismissals by a clearly established First Amendment right. Is whether thedistrict court erred in concluding that the plaintiffs were likelyto succeed on the claim that their discharges were politicallymotivated. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-1692.01A">OPINION/ORDER</A> Miller & Candon were on brief. Gardner was on brief. Circuit Judge. seems to have been fueled as much by indignation as by the dollars involved. The extent of its victory was curtailed somewhat by the judge's trimming of the award. All was serene: DCPB rendered services. We merely summarize the results insofar as they are pertinent to the appeals. THE PLAINTIFF'S APPEAL The plaintiff contends that the jury's award of enhanced damages should have remained intact. The contention is dichotomous. Our review is plenary. Punitive damages are not allowed in New Hampshire except in specific instances enumerated by the state legislature.1 See N.H. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-3908.PDF">OPINION/ORDER</A> Eventually the Immigration and Naturalization Service instituted removal (as deportation is now called) proceedings against him. He conceded that he was removable. The immigration judge turned down his application on the ground that he was ineligible because 2 No. 02 3908 he had been convicted of attempted reckless discharge of a firearm. Makes it a crime to attempt to use any weapon </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1155.01A">OPINION/ORDER</A> Were on brief. Was on brief. Was on brief. Was on brief. Both the Narragansetts and the State of Rhode Island filed suits disputing the issue of whether the Tribe's operation of a smoke shop and sale of cigarettes on the Tribe's settlement lands are exempt from the application and enforcement of Rhode Island's cigarette tax laws. The State initially filed its complaint in Rhode Island state court and the Narragansetts removed the case to federal district court in an attempt to have it decided together with the Tribe's complaint. Which was brought in federal district court. The district court found that it did not have jurisdiction over the state case and remanded it to the state court. We are asked whether the district court could exercize jurisdiction over the State's complaint. 6 7 (1st Cir. 1997). The Narragansett Indian Tribe is a federally recognized Indian tribe located in the State of Rhode Island. </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1385.01A">OPINION/ORDER</A> P.C. was on brief. Was on brief. Were on brief. Was convicted of involuntary manslaughter by a Massachusetts jury in 1990. The district court held that Neverson's habeas petition was timely under the doctrine of equitable tolling but denied the petition on the merits. We affirm on a different ground. Is subject to the defense of equitable tolling.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/June2004/001816p.pdf">OPINION/ORDER</A> The CWA and Bell are parties to a collective bargaining agreement (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/07/043204P.pdf">OPINION/ORDER</A> Background Zhuang is female and was born in China in 1954. She worked for Datacard from May 1997 until she was terminated in September 2002. Each entails the same pay scale and the prerequisites for both are identical a bachelor of science degree and three to five years of experience. ] is good about requesting clarification when she doesn't understand something...[. ] is soft spoken and this often results in other team members interrupting her or dominating the conversation...[and] needs to find a way to minimize the occurrence of this which should also work to resolve the perception that she is shy or quiet. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1334539721EDC17088256C400083A586/$file/0155986.pdf?openelement">OPINION/ORDER</A> The census data is used for myriad other purposes. A. Sampling and the Census Act At issue in this case is whether the Secretary was required to statistically adjust the results of Census 2000 pursuant to 13 U.S.C. § 195. The Census 2000 Plan would have resulted in one set of census results: the initial headcount data adjusted by statistical sampling techniques. The Bureau modified its plan to statistically adjust the Census The studies were conducted pursuant to the Decennial Census Improvement Act of 1991. The Report set forth the Bureau's preliminary determination that the use of the statistically adjusted data was feasible in terms of both the statutory deadline for releasing redistricting information and the improvement of the census' accuracy. The A.C.E. methodology is based on a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1994/94a0761p.txt">OPINION/ORDER</A> National Union and Gulf sought to rescind insurance policies which they had issued and under which City Savings and the RTC were seeking coverage. National Union and Gulf were jurisdictionally barred from raising certain affirmative defenses to the RTC's counterclaim. We will affirm the district court's holding that under FIRREA the district court lacks subject matter jurisdiction over National Union and Gulf's declaratory judgment action. We will reverse the district court's holding that under FIRREA National Union and Gulf are barred from raising affirmative defenses to the counterclaim. Sent a letter to National Union and Gulf providing notice that City Federal might have suffered a loss covered by the insurance policies as a result of dishonest or fraudulent acts of City Federal employees. City Federal was declared insolvent by the Director of the Office of Thrift Supervision ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jan1997/96a1487p.txt">OPINION/ORDER</A> Circuit Judge: Three appeals presenting the same critical issue are before us. Will be stated separately. The target of the grand jury proceeding was the son of the subpoenaed witness. The son became the target of a government investigation as a result of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2256FE842886B0B888256E9A000A90EB/$file/0257118.pdf?openelement">OPINION/ORDER</A> Awabdy was no longer serving on the City Council. After the charge was dismissed. Awabdy alleges that the criminal proceedings were initiated on the basis of false accusations and conspiratorial conduct by several Adelanto city officials who sought to deprive him of his First. We have jurisdiction under 28 U.S.C. § 1291. We assume that the factual allegations of Awabdy's complaint are true and construe them in the light most favorable to him. Are as follows. They made it known that they intended to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-3162.pdf">OPINION/ORDER</A> With him on the brief were Peter D. Petitioner Cassandra Augustine was successful in her appeal to the Merit Systems Protection Board ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/06/97-9513.htm">97-9513 -- RIVERA-JIMENEZ V. IMMIGRATION & NATURALIZATION SERVICE -- 06/02/2000 </A> Petitioners were served with orders to show cause as to why they should not be deported as having entered the United States without inspection. While the appeal was pending. Was not brief. Petitioners must show that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/nov96/95-2117.wpd.html">BENAVIDEZ V. CITY OF ALBUQUERQUE </A> Plaintiffs were City of Albuquerque employees. They claim they were unreasonably subjected to urinalysis drug testing in violation of the Fourth Amendment. Smith was Mr. Plaintiffs did not know that Albuquerque police were already at the house. A </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may96/94-5114.opa.html">GROSZ V. CITY OF MIAMI BEACH </A> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Grosz v. We vacate the order dismissing their complaint and remand for further proceedings. Armin Grosz is an Orthodox Jewish Rabbi who lives in the City of Miami Beach with his wife. Both Armin and Sara Grosz are plaintiffs below and are appellants here. For convenience we will usually refer to Armin Grosz only when discussing these parties. Members of Grosz's sect come to his home to pray because they believe their prayers are more readily answered when their prayers are recited with Grosz. Who is known as a pious rabbi. Religious services </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may96/94-5114.opa.html">GROSZ V. CITY OF MIAMI BEACH </A> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Grosz v. We vacate the order dismissing their complaint and remand for further proceedings. Armin Grosz is an Orthodox Jewish Rabbi who lives in the City of Miami Beach with his wife. Both Armin and Sara Grosz are plaintiffs below and are appellants here. For convenience we will usually refer to Armin Grosz only when discussing these parties. Members of Grosz's sect come to his home to pray because they believe their prayers are more readily answered when their prayers are recited with Grosz. Who is known as a pious rabbi. Religious services </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991939.P.pdf">OPINION/ORDER</A> Are as follows. Al Abood is an Iraqi national who resides in Monaco. The El Shamaris are also originally from Iraq but have become naturalized United States citizens. Al Abood's late husband was a wealthy man named Shaker. No real estate investments were ever made. The money was taken by the El Shamaris for their own use. The El Shamaris falsely represented to Al Abood that profits from the real estate ventures were being deposited in a bank account for the benefit of Al Abood's minor son. Concerned a charitable trust created by Shaker to benefit Iraqi students.1 Nimat persuaded Al Abood that Nimat had found a student worthy of 1 The trust to benefit Iraqi students was one of three funds within a larger trust at a foreign bank operating on the island of Jersey. The second fund was a family maintenance fund. The third fund was a capital fund which was to derive income and would largely be used to benefit the Al Aboods' son later in his life. Hanaa Zainal who is actually employed by the U.S. Department of Agriculture and is a distant relative of Al Abood. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="331"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-1006.01A">OPINION/ORDER</A> Sawyer & Brewster were on brief for appellant. I. Tak How is a Hong Kong corporation with its only place of business in Hong Kong. Its sole asset is the Holiday Inn Crowne Plaza Harbour View in Hong Kong ( </TD> </TR> </TABLE>     </div> </div> <div id="footer"> <div class="footerNav"> <div> <ul> <li><a href="/lii.html" class="nav">about us</a></li> <li><a href="/help/" class="nav">help</a></li> <li><a href="/comments/credits.html" class="nav">© copyright</a></li> </ul> </div> </div> </div> </div> </div> </div>  </BODY> </HTML>