[ January 31, 2002 ]
013213U.pdf 01/31/02 United States v. Melayne R. Danekas
U.S. Court of Appeals Case No. 01-3213
District of Nebraska
Criminal case - Sentencing Guidelines. District court did not
err in finding two prior drug convictions were not part of a
single common scheme or plan and should be counted as
separate offenses in determining defendant's career-offender status.
[ January 30, 2002 ]
011237P.pdf 01/30/02 North Grand Mall v. Grand Center
U.S. Court of Appeals Case No. 01-1237
Southern District of Iowa
Civil case - contracts. Provision of lease setting forth the
method of computing the option price for purchasing the
property was not ambiguous; industry custom, however
well established, cannot prevail against the unambiguous
words of an express contract; case remanded for entry of
judgment consistent with opinion.
011764P.pdf 01/30/02 United States v. Roy Patrick Bougie
U.S. Court of Appeals Case No. 01-1764
District of Minnesota
Criminal case - Sentencing Guidelines. District court may
not depart upward based on facts not contained in the
record; case remanded for resentencing.
012048P.pdf 01/30/02 Craighead Electric v. City Water & Light
U.S. Court of Appeals Case No. 01-2048
Eastern District of Arkansas
Civil case - Public Utilities. Municipal utility's actions in
notifying electric cooperative that it intended to take over
service in an annexed area did not violate Arkansas law;
for determining value of the interest taken, date of taking
is the date municipal utility made deposit with district court.
012094P.pdf 01/30/02 David Allen Archer v. Pavement Specialist
U.S. Court of Appeals Case No. 01-2094
Western District of Arkansas
Civil case - torts. Under Arkansas law, when two or more
tortfeasors are jointly and severally liable in negligence,
plaintiffs may recover in full from any one of them without
suing the others; Federal Rule of Civil Procedure 14 does
not compel a contrary result.
012199P.pdf 01/30/02 Dameion Robinson v. David Crist
U.S. Court of Appeals Case No. 01-2199
District of Minnesota
Prisoner case - habeas. Even under pre-AEDPA standard,
prisoner could not demonstrate that the outcome of his trial
would have been different absent prosecutor's closing
comments, and prisoner was not entitled to habeas relief.
012476P.pdf 01/30/02 Theresa Spangler v. Fed. Home Loan Bank
U.S. Court of Appeals Case No. 01-2476
Southern District of Iowa
Civil case - civil rights. Plaintiff's ADA claim failed because
she could not establish that she was able to preform the
essential duties of her job, with or without accommodation;
district court erred in granting employer summary judgment
on plaintiff's Family Medical Leave Act claim as she created
a material issue of fact as to whether she suffered from a
serious health condition within the meaning of the Act.
012736U.pdf 01/30/02 Michael Murphy v. City of Joplin
U.S. Court of Appeals Case No. 01-2736
Western District of Missouri
Civil case - civil rights. Existence of post-deprivation remedy
will not satisfy Due Process Clause in situations where the
deprivation was authorized, and claim against City and
City attorneys remanded for further proceedings.
012944U.pdf 01/30/02 USA v. Willard Fool Bull
U.S. Court of Appeals Case No. 01-2944
District of South Dakota
Criminal case - criminal law. District court did not abuse its
discretion in permitting Rule 403 evidence of past sexual
assaults as the evidence was not unfairly prejudicial;
evidence was sufficient to sustain the sexual abuse charges.
012999U.pdf 01/30/02 Willie Wilks v. Robert Mundt
U.S. Court of Appeals Case No. 01-2999
District of Minnesota
Prisoner case - habeas. Inclusion of Sex Offender Public
Safety Factor on Bureau of Prison's Custody Classification
Form did not implicate a protected liberty interest.
013245U.pdf 01/30/02 Kadir Lengesso v. Springfield State
U.S. Court of Appeals Case No. 01-3245
District of South Dakota
Prisoner case - prisoner civil rights. Construing prisoner's
complaint liberally, and accepting his allegations as true,
he stated an Eighth Amendment claim for failure to protect,
and district court erred in dismissing the action.
[ January 29, 2002 ]
002764P.pdf 01/29/02 John Sexton v. Mike Kemna
U.S. Court of Appeals Case No. 00-2764
Western District of Missouri
Prisoner case - habeas. Imposition of same sentence for fewer
counts of conviction after Sexton successfully appeal his
initial conviction did not violate North Carolina v. Pearce,
395 U.S. 711 (1969); evidence of sodomy was constitutionally
sufficient; limitations on cross-examination of minor victim
were not a denial of Sexton's Confrontation Clause rights;
ineffective assistance of counsel claims were procedurally
defaulted. Dissent by Judge Richard S. Arnold on the Pearce issue.
003558P.pdf 01/29/02 Alvin Dorsey v. Pinnacle Automation
U.S. Court of Appeals Case No. 00-3558
and No. 01-1030
Eastern District of Missouri
Civil case - civil rights. District court did not err in finding
certain of plaintiffs' Age Discrimination in Employment Act
claims were time barred and that the doctrine of equitable
estoppel did not apply; with respect to the remaining claims,
defendant had legitimate non-discriminatory grounds for its
promotional decisions, and plaintiffs failed to show these
grounds were pretexts for age discrimination; plaintiffs failed
to exhaust their administrative remedies with respect to hostile
workplace claims; plaintiffs against whom costs and fees
were assessed did not join in appeal, and the remaining
plaintiffs did not have standing to raise an attorneys' fees
order which did not apply to them.
003943P.pdf 01/29/02 Timothy L. Moysis v. DTG Datanet, Inc.
U.S. Court of Appeals Case No. 00-3943
and No. 00-3992
District of South Dakota
Civil case - Civil rights. Plaintiff produced sufficient evidence
to show he was actually disabled at the time he was terminated;
evidence was sufficient to support jury finding that plaintiff
was terminated as a result of his disability; evidence was
sufficient to support claim for intentional infliction of emotional
distress; award of damages on both ADA claim and claim for
intentional infliction of emotional distress does not create a
double recovery for the same injury as ADA award was for
emotional distress arising from fact of termination while the
state law award was for emotional distress arising from the
manner of termination; court did not err in refusing to deduct
workers' compensation payments from back pay award;
attorneys's fees award affirmed; court did not err in refusing
to grant front pay.
011612P.pdf 01/29/02 USA v. Eddie A. Moreno
U.S. Court of Appeals Case No. 01-1612
Northern District of Iowa
Criminal case - criminal law. District court did not err in finding
defendant's consent to search was voluntary.
011630P.pdf 01/29/02 David W. Johnson v. United States
U.S. Court of Appeals Case No. 01-1630
Western District of Missouri
Prisoner case - habeas. Record did not support prisoner's claim
of ineffective assistance of counsel concerning cross-examination
of government witness; since Johnson actually used a firearm
during the commission of the bank robbery involved here,
failure to give a Bailey instruction did not prejudice him as a
properly instructed jury would have convicted him on the count.
012728U.pdf 01/29/02 United States v. Larry Carpenter
U.S. Court of Appeals Case No. 01-2728
Northern District of Iowa
Criminal case - criminal law. Admission of other crimes evidence
was not plain error.
012752U.pdf 01/29/02 USA v. James C. Lewis
U.S. Court of Appeals Case No. 01-2752
Western District of Missouri
Criminal case - criminal law. Claim that defendant should receive
credit for time spent in county jail prior to his indictment in this
case must first be presented to the Bureau of Prisons.
012964U.pdf 01/29/02 United States v. Guadalupe Perez-Cano
U.S. Court of Appeals Case No. 01-2964
District of Nebraska
Criminal case - Guidelines. Discretionary refusal to grant a
downward departure is not reviewable.
013000U.pdf 01/29/02 Geneva Proctor v. UNUM Life Ins. Co.
U.S. Court of Appeals Case No. 01-3000
Eastern District of Arkansas
Civil case - ERISA. Plan administrator did not abuse its discretion
in denying claim for benefits; concurrence by Judge Bright.
[ January 28, 2002 ]
011182P.pdf 01/28/02 Herbert A. Ferrari v. Teachers Insurance
U.S. Court of Appeals Case No. 01-1182
Eastern District of Missouri
Civil case - ERISA. District court did not err in applying an abuse
of discretion standard to Plan administrator's denial of benefits;
Plan administrator did not abuse its discretion in denying claim;
district court did not err in denying motion to expand the record.
012328P.pdf 01/28/02 David Peters v. General Services
U.S. Court of Appeals Case No. 01-2328
District of Nebraska
Civil case - consumer law. Collection agency's notices did not
violate the Fair Debt Collection Practices Act as the notices were
not false, misleading or deceptive as viewed through the eyes
of an unsophisticated consumer.
012798P.pdf 01/28/02 Martin J. McAlpin v. Educational Credit
U.S. Court of Appeals Case No. 01-2798
District of Minnesota
Civil case - bankruptcy. Bankruptcy Appellate Panel correctly
determined bankruptcy court did not have jurisdiction in a claim
objection proceeding under 28 U.S.C. Sec. 157(b) or (c) because
debtor's challenge to the propriety of the claimed collection costs
came after his discharge and the claim-objection proceeding was
not related to the bankruptcy.
012884P.pdf 01/28/02 United States v. Gary Abernathy
U.S. Court of Appeals Case No. 01-2884
Western District of Missouri
Criminal case - criminal law. Evidence was sufficient to support
firearm conviction; fact of prior convictions does not have to
be submitted to a jury under Apprendi; escape constitutes a
crime of violence for Guidelines purposes.
012952U.pdf 01/28/02 USA v. Jason Paul Annis
U.S. Court of Appeals Case No. 01-2952
Northern District of Iowa
Criminal case - criminal law. Revocation sentence neither exceeds
the limits of 18 U.S.C. Sec. 3583(e) nor constitutes an abuse
of discretion.
012986U.pdf 01/28/02 United States v. Toni Carol Crabtree
U.S. Court of Appeals Case No. 01-2986
Eastern District of Arkansas
Criminal case - criminal law. Evidence was sufficient to support
conclusion defendant violated her supervised release; district
court did not abuse its discretion in imposing a sentence
above the non-binding recommendations of Guidelines Chapter 7.
013055U.pdf 01/28/02 Richard N. Hendricks v. Keith G. Rasmussen
U.S. Court of Appeals Case No. 01-3055
District of Minnesota
Civil case - civil rights. Clinic psychiatrist did not become a state
actor for Section 1983 purposes when he invoked a state
involuntary-commitment statute to commit plaintiff for
psychiatric care.
[ January 25, 2002 ]
004079P.pdf 01/25/02 Carey Dean Moore v. Michael L. Kinney
U.S. Court of Appeals Case No. 00-4079
District of Nebraska
Prisoner case - habeas. District court erred in determining that
the state district court's newly-crafted definition of exceptional
depravity under Nebraska Revised Statutes 29-2523(1)(d), which
was applied to Moore in his resentencing in this death penalty
matter, rendered the statutory aggravator constitutional; Moore
cannot be sentenced to death on the basis of the exceptional
depravity component of the aggravator; case remanded for
further sentencing proceedings. Dissent by Judge Beam.
011301P.pdf 01/25/02 Ken Larsen v. Shirley Frederiksen
U.S. Court of Appeals Case No. 01-1301
Southern District of Iowa
Civil case - Federal Officer Removal Statute. District court
properly removed case and denied remand motion; person
seeking remand to the state court bears the burden of coming
forward with specific facts rebutting the Attorney General's
certification, and plaintiff failed to meet that burden;
constitutional challenge to the statute rejected.
011447P.pdf 01/25/02 USA v. Eararick Thurmon
U.S. Court of Appeals Case No. 01-1447
and No. 01-1493
Northern District of Iowa
Criminal case - Sentencing Guidelines. District court erred in
finding defendant was eligible for a minor role reduction;
court erred in imposing enhancement for obstruction of justice
and in denying acceptance-of-responsibility reduction; case
remanded for resentencing.
011554P.pdf 01/25/02 Steven C.R. Brown v. James C. Luker
U.S. Court of Appeals Case No. 01-1554
Eastern District of Arkansas
Civil case - bankruptcy. Bankruptcy court order directing debtor's
counsel to return attorneys' fees to the estate affirmed; bankruptcy
court had jurisdiction to review the reasonableness of the fees
paid prepetition and did not err in finding that some of the fee
was unreasonable or excessive.
011763U.pdf 01/25/02 In re Craig Copley v.
U.S. Court of Appeals Case No. 01-1763
and No. 01-2356
Western District of Missouri
Prisoner case - habeas. Record established that Copley, who
was hospitalized following dismissal of criminal charges
on the ground he suffered a mental disease or defect, was not
entitled to unconditional release because he still presented a
substantial risk of dangerousness.
011947P.pdf 01/25/02 Brian Olander v. State Farm Mutual
U.S. Court of Appeals Case No. 01-1947
District of North Dakota
Civil case - contracts. Under North Dakota law termination
clause of an insurance agency agreement was ambiguous and
case should be remanded for further proceedings on the
meaning of the clause. Dissent by Judge Loken.
[ January 24, 2002 ]
003906P.pdf 01/24/02 USA, et al. v. Dico, Inc.
U.S. Court of Appeals Case No. 00-3906
Southern District of Iowa
Civil case - Environmental law. District court did not abuse its
discretion in denying a motion for an evidentiary hearing on the
proposed consent decree in this CERCLA case; claim that the
settlement process was unfair rejected; court did not abuse its
discretion in entering the proposed consent decree as it was
a reasonable allocation of legal responsibility between Dico
and the settling defendants.
011912U.pdf 01/24/02 United States v. Craig Belknap
U.S. Court of Appeals Case No. 01-1912
Western District of Missouri
Criminal case -criminal law. District court did not err in
involuntarily committing defendant to the Attorney General's
custody as the evidence was clear and convincing that he
suffered a mental disease or defect and posed a substantial risk.
011929P.pdf 01/24/02 Lewis D. Holloway v. San Reeves
U.S. Court of Appeals Case No. 01-1929
Western District of Arkansas
Civil case - civil rights. School board's decision to buy-out
plaintiff's contract did not deprive him a constitutionally-protected
property interest and defendants were entitled to qualified immunity.
012090P.pdf 01/24/02 Paul R. Yancey v. Weyerhaeuser Co.
U.S. Court of Appeals Case No. 01-2090
Western District of Arkansas
Civil case - civil rights. Plaintiff's evidence was sufficient to
support jury verdict in this age discrimination in employment
action; jury could find plaintiff made a reasonable effort to
mitigate his damages in light of his education and work
history, and claim that back pay award should be reduced
is rejected; court did not err in refusing defendant's proposed
business judgment jury instruction and giving Eighth Circuit
Model Jury Instruction instead.
012341U.pdf 01/24/02 T.E.A.M. Scaffolding v. United Brotherhood
U.S. Court of Appeals Case No. 01-2341
and No. 01-2451
Eastern District of Missouri
Civil case - labor law. Plaintiff is bound by contract its representative
signed, even though he failed to read it, as there is no evidence
the signature was obtained by fraud.
012454P.pdf 01/24/02 United States v. Christopher Luersen
U.S. Court of Appeals Case No. 01-2454
Western District of Missouri
Criminal case - Sentencing Guidelines. District court did not err
in applying career offender provision or the death threat
enhancement in this bank robbery prosecution.
012603U.pdf 01/24/02 Dennis Miller v. Apria Healthcare
U.S. Court of Appeals Case No. 01-2603
Eastern District of Missouri
Civil case - torts. Plaintiffs failed to show injury to their
deceased mother was reasonably foreseeable.
012627U.pdf 01/24/02 Billy Yee v. EPA
U.S. Court of Appeals Case No. 01-2627
Agency
Civil case - Administrative Law. Petition for review was
untimely and case dismissed for lack of jurisdiction.
012763U.pdf 01/24/02 Jack F. White v. John C. Scarbrough
U.S. Court of Appeals Case No. 01-2763
Western District of Arkansas
Civil case - civil rights. Plaintiffs failed to show defendant City
had an unconstitutional policy or custom that caused their injuries.
012785U.pdf 01/24/02 USA v. Larry Reed & Sons
U.S. Court of Appeals Case No. 01-2785
Eastern District of Arkansas
Civil case - False Claims Act. Evidence was sufficient to
support jury award for damages although the amount
awarded was more than the amount specified in the original
complaint; expert testimony about soil preparation was
properly admitted under Daubert.
012831U.pdf 01/24/02 Larry Stringer v. United Parcel
U.S. Court of Appeals Case No. 01-2831
Western District of Arkansas
Civil case - torts. Plaintiff failed to establish his claim that his
termination qualified as a tort of outrage under Arkansas law.
012838U.pdf 01/24/02 United States v. Jeremiah Burleson
U.S. Court of Appeals Case No. 01-2838
Western District of Missouri
Criminal case - criminal law. District court did not err in
finding defendant had violated the terms and conditions of his
conditional release as his unruly behavior at a medical
clinic violated his treatment plan.
012860U.pdf 01/24/02 Sheila Blake v. Larry G. Massanari
U.S. Court of Appeals Case No. 01-2860
Eastern District of Arkansas
Civil case - Social Security. Denial of claim for supplemental
security income was supported by the record.
012912P.pdf 01/24/02 United States v. Charles A. Willis
U.S. Court of Appeals Case No. 01-2912
District of Minnesota
Criminal case - criminal law. Evidence was sufficient to
support conviction on tax evasion; jury instructions on the
elements of the offense, willful blindness and good faith
were not erroneous; claim of juror misconduct rejected;
Brady claim rejected as the evidence in question, concerning
a tax-protest program, was a matter of public record; amount
of tax loss was properly calculated for sentencing purposes.
012989U.pdf 01/24/02 Forrest Cole v. Larry Massanari
U.S. Court of Appeals Case No. 01-2989
Eastern District of Arkansas
Civil case - Social Security. Record supported ALJ's finding
that claimant suffered a severe impairment but did not have
an impairment which met the criteria for disability.
013075U.pdf 01/24/02 United States v. Ora M. Cogburn
U.S. Court of Appeals Case No. 01-3075
Western District of Missouri
Criminal case - Sentencing Guidelines. District court did
not err in denying acceptance-of-responsibility reduction
based on defendant's post-plea illegal drug use and petty
theft conviction.
013496U.pdf 01/24/02 Charter Comm. v. SW Bell Telephone
U.S. Court of Appeals Case No. 01-3496
Eastern District of Missouri
Civil case- injunctions. Grant of preliminary injunction against
certain advertising of defendant affirmed without comment.
[ January 23, 2002 ]
013669U.pdf 01/23/02 Jo Ann Hoffmann v. Benton County Admin.
U.S. Court of Appeals Case No. 01-3669
Western District of Arkansas
Civil Case - civil rights. District court's dismissal of civil rights and
employment action under 28 U.S.C. sec. 1915(e)(2)(B) is summarily affirmed.
991450P.pdf 01/23/02 Greg Shelton v. Consumer Products
U.S. Court of Appeals Case No. 99-1450
and No. 01-1599
Western District of Missouri
Civil Case - Federal Hazardous Substances Act. District court's entry
of judgments in favor of United States and Consumer Product Safety
Commission against two importers and distributors of fireworks for
violations of the Federal Hazardous Substances Act are affirmed.
Court holds the FHSA applies to common fireworks under the plain
meaning of the statute; due process rights were not violated by destruction
of fireworks before a determination the fireworks were banned because
they were provided notice and opportunity for response; admission of
laboratory reports into evidence as a business record was not an abuse
Mof discretion; and district court did not abuse its discretion in denying
corporate parties a jury trial.
[ January 22, 2002 ]
012330U.pdf 01/22/02 USA v. Rodrigo Duran
U.S. Court of Appeals Case No. 01-2330
Southern District of Iowa
Criminal Case. Defendant waived claim regarding
unsuccessful motion to suppress when he pleaded guilty.
No other nonfrivolous issues are present and the conviction
is affirmed.
[ January 18, 2002 ]
011858P.pdf 01/18/02 Wieslaw Lukowski v. INS
U.S. Court of Appeals Case No. 01-1858
Agency
Civil case - Immigration. Court did not have jurisdiction to
review removal order as petitioner conceded he had been convicted
of two crimes involving moral turpitude within the meaning of
8 U.S.C. Sec. 1227(a)(2)(A)(ii) and of an aggravated felony within
the meaning of 8 U.S.C. Sec. 1227(a)(2)(A)(iii); equal protection
challenge to 1996 amendment to 8 U.S.C. Sec. 1182(h) rejected.
012140P.pdf 01/18/02 Michael Williams v. St. Luke's-Shawnee
U.S. Court of Appeals Case No. 01-2140
Western District of Missouri
Civil case - civil rights. While plaintiff made a prima facie case
of race discrimination, employer provided legitimate, non-discriminatory
grounds for plaintiff's discharge, which he failed to show were pretextual;
plaintiff's evidence concerning disparate treatment of white employees
failed to establish pretext as those employees were not similarly situated.
012960U.pdf 01/18/02 Debbie L. Peace v. Larry G. Massanari
U.S. Court of Appeals Case No. 01-2960
Western District of Missouri
Civil case - Social Security. Denial of disability benefits was
supported by substantial evidence; ALJ properly evaluated subjective
complaints of pain under Polaski; hypothetical posed to vocational
expert was sufficient.
[ January 17, 2002 ]
011272P.pdf 01/17/02 United States v. John Robert Andis
U.S. Court of Appeals Case No. 01-1272
Eastern District of Missouri
Criminal case - criminal law. Defendant cannot waive his right to
appeal an alleged illegal sentence; district court abused its
discretion in imposing conditions of release which did not bear a
reasonable relationship to the offense or the history and character
of the defendant; dissent by Judge Morris S. Arnold on the issue of
waiver of the right of appeal; dissent by Judge Kyle on the issue
of whether the conditions are an abuse of discretion.
011487P.pdf 01/17/02 Paul A. Billingsley v. City of Omaha et al.
U.S. Court of Appeals Case No. 01-1487
District of Nebraska
Civil case - civil rights. Under the facts of the case, officer had
probable cause for the use of deadly force and did not violate
plaintiff's civil rights by shooting him; jury instructions on the
use of deadly force were not erroneous, although the court does issue
a caution concerning the use of Model Jury Instruction (Civil) 4.10 (1998);
closing argument did not require a new trial.
011994P.pdf 01/17/02 Lawrence Mathis v. Ching Liu
U.S. Court of Appeals Case No. 01-1994
Western District of Arkansas
Civil case - contracts. Evidence supported submission of tortious
interference with contract claim, as well as jury verdict for
plaintiff on that claim; however, plaintiff failed to establish
claim for anticipatory profits, and court did not err in setting
aside the jury verdict on actual damages on the tortious interference
claim; in absence of actual damages, there was no error in the court's
refusal to submit punitive damages.
012184U.pdf 01/17/02 United States v. Gary Black Bear
U.S. Court of Appeals Case No. 01-2184
District of South Dakota
Criminal case - criminal law. District court did not err in denying
motion for mistrial based on government witness's unresponsive answers.
012304U.pdf 01/17/02 Claude Graves v. Charles Stone
U.S. Court of Appeals Case No. 01-2304
Eastern District of Arkansas
Civil case - civil rights. District court did not err in instructing
jury that the state, which had been dismissed, was not a defendant.
012474U.pdf 01/17/02 United States v. Eduardo Hinojosa
U.S. Court of Appeals Case No. 01-2474
District of Nebraska
Civil case - civil rights. District court did not err in finding
this suit was barred by principles of res judicata.
012583U.pdf 01/17/02 V. Boyd v. St. Paul Schools
U.S. Court of Appeals Case No. 01-2583
District of Minnesota
Prisoner case - prisoner civil rights. Dismissal of Section 1983
action affirmed without comment, although the dismissal is modified
to be without prejudice.
012856U.pdf 01/17/02 Anthony A. Nelson v. J. Y. Haywood
U.S. Court of Appeals Case No. 01-2856
Eastern District of Arkansas
Criminal case - criminal law. Challenge to admission of evidence
rejected; court did not err in enhancing sentence for obstruction
of justice.
992356P.pdf 01/17/02 MN Assoc. of Nurse v. Allina Health System
U.S. Court of Appeals Case No. 99-2356
District of Minnesota
Civil case - False Claims Act. Association of nurse anesthetists
had standing to bring this qui tam action against doctors and
hospitals it alleged were misbilling Medicare services, and the
district court erred in finding they did not; district court also
erred in finding the association's earlier, public disclosure of the
information on which the suit was based precluded subject matter
jurisdiction over the action; district court erred in granting summary
judgment on the merits of the qui tam claims; case remanded for further
proceedings.
[ January 16, 2002 ]
011049U.pdf 01/16/02 Edward Tramble-Bey v. Ed Skiba, et al.
U.S. Court of Appeals Case No. 01-1049
Western District of Missouri
Prisoner case - prisoner civil rights. Claims were properly
dismissed on Eleventh Amendment or res judicata grounds;
respondeat superior does not apply to a Section 1983 action.
011500P.pdf 01/16/02 Daina Marie DuBois v. Ford Motor Credit
U.S. Court of Appeals Case No. 01-1500
District of Minnesota
Civil case - bankruptcy. Plaintiffs' decision to roll excess usage
fees incurred during first lease into a second lease was voluntary,
and Ford Credit's actions in entering into the second lease after
plaintiffs' discharge in bankruptcy did not violate the Bankruptcy
Code or Fair Debt Collection Practices Act.
011876U.pdf 01/16/02 John P. Ponder v. Wackenhut
U.S. Court of Appeals Case No. 01-1876
Eastern District of Arkansas
Prisoner case - prisoner civil rights. Case remanded for further
proceeding on the issue of whether defendants prevented plaintiff
from utilizing his administrative remedies.
011881U.pdf 01/16/02 Michael C. Hollen v. CIR
U.S. Court of Appeals Case No. 01-1881
Agency
Civil case - Federal tax. Discussion of the taxpayer's duty of
consistency; assessment of additional tax liability affirmed.
012203P.pdf 01/16/02 Wayne Drewes v. Daryl Lee Vote
U.S. Court of Appeals Case No. 01-2203
District of North Dakota
Civil case - bankruptcy. Payments made under crop losses
programs enacted after debtor filed bankruptcy were not
part of the bankruptcy estate and could be retained by the
debtor.
012307U.pdf 01/16/02 Stanley R. Henricksen v. CIR
U.S. Court of Appeals Case No. 01-2307
District of Minnesota
Civil case - federal tax. Denial of refund claim under
I.R.C. Sec. 267 affirmed without comment.
012389U.pdf 01/16/02 United States v. Brian Tigner
U.S. Court of Appeals Case No. 01-2389
Southern District of Iowa
Criminal case - Sentencing Guidelines. Extent of district
court's downward departure is unreviewable.
012394P.pdf 01/16/02 United States v. Timothy P. Kornwolf
U.S. Court of Appeals Case No. 01-2394
District of Minnesota
Criminal case - criminal law. Fifth Amendment takings challenge
to the Bald and Golden Eagle Protection Act rejected; application
of the Act's prohibitions to the sale of bird parts lawfully
taken before the effective date of the Act is consistent with
the purposes of the Act; see Andrus v. Allard, 444 U.S. 51 (1979)
012630P.pdf 01/16/02 United States v. Kenneth L. Linson
U.S. Court of Appeals Case No. 01-2630
Western District of Missouri
Criminal case - Sentencing Guidelines. Four level enhancement
for possession of a weapon in connection with a drug offense
affirmed as supported by the record.
012820U.pdf 01/16/02 United States v. Matthew W. Montag
U.S. Court of Appeals Case No. 01-2820
District of Minnesota
Criminal case - criminal law. Defendant's alleged confusion
over the amount of drugs to which he was pleading did not
prejudice his sentence and was not grounds for withdrawing his
guilty plea; record did not support claim that his mental
condition rendered his plea involuntary and unknowing; burglaries
of non-dwellings are considered crimes of violence for career
offender purposes.
013658U.pdf 01/16/02 United States v. Russell E. Eggleston
U.S. Court of Appeals Case No. 01-3658
District of Minnesota
Prisoner case - habeas. Rule 60(b) applies only to civil cases,
and the motion cannot be used as a device to avoid the need to
obtain circuit court authorization to file a successive habeas.
013706U.pdf 01/16/02 Jesus Carmona v. State of Minnesota
U.S. Court of Appeals Case No. 01-3706
District of Minnesota
Prisoner case - habeas. Claim that Minnesota officials improperly
extradited Carmona to Louisiana is a claim that he is unlawfully
incarcerated in Louisiana and cannot be brought in Minnesota.
[ January 15, 2002 ]
001150U.pdf 01/15/02 United States v. Bobbie Hermes
U.S. Court of Appeals Case No. 00-1150
Western District of Missouri
Criminal case - Sentencing Guidelines. District court did not err in
calculating the amount of loss in defendant's fraud scheme or in denying
her request for an acceptance-of-responsibility reduction.
011076P.pdf 01/15/02 United States v. Stacy Lee Peltier
U.S. Court of Appeals Case No. 01-1076
District of North Dakota
Criminal case - Sentencing Guidelines. Use of prior convictions to enhance
sentence did not violate Apprendi; defendant was properly sentenced as a
career offender; while district court did err in calculating defendant's
criminal history score, no remand was necessary in light of the sentence
actually imposed.
011173U.pdf 01/15/02 Conseco Finance v. N. American Mortgage
U.S. Court of Appeals Case No. 01-1173
Eastern District of Missouri
Civil case - trade secrets. District court order issuing a limited
permanent injunction requiring plaintiff's former employee to return
certain customer files affirmed without comment.
011217P.pdf 01/15/02 Peter Knoll v. US Bank National
U.S. Court of Appeals Case No. 01-1217
and No. 01-1242
District of Minnesota
Civil case - class actions. Attorneys' fees award in class action affirmed.
012301P.pdf 01/15/02 United States v. Marsha Ann Leigh
U.S. Court of Appeals Case No. 01-2301
Southern District of Iowa
Criminal case - criminal law. District court did not err in revoking
probation on ground defendant had willfully refused to pay restitution.
[ January 14, 2002 ]
003776P.pdf 01/14/02 Roger D. Speer v. City of Wynne, AR
U.S. Court of Appeals Case No. 00-3776
and No. 00-3777
Eastern District of Arkansas
Civil Case - civil rights. District court's judgment in favor of
City and not against mayor in civil rights action brought by
police officer alleging a denial of a procedural due process
right to a name-clearing hearing is remanded for further
findings as to the basis for the City's liability and the mayor's
dismissal. Cross-appeal is dismissed for lack of jurisdiction.
011110P.pdf 01/14/02 Ronald I. Goff v. Dakota, MN & Eastern
U.S. Court of Appeals Case No. 01-1110
District of South Dakota
Civil Case - Railway Labor Act. District court's order reversing
the decision of the Public Law Board is reversed. Engineer who
was terminated for drug use failed to demonstrate fraud
sufficient to overturn the Board's decision; district court
erred in finding violation of due process
011747P.pdf 01/14/02 David Duffy v. L. Jane McPhillips
U.S. Court of Appeals Case No. 01-1747
Southern District of Iowa
Civil Case - retaliation. District court's grant of summary
judgment is affirmed on retaliation claim because appellant
did not prove he suffered a adverse employment action
that was causally connected to his participation in a
protected activity.
011778P.pdf 01/14/02 Elaine Tucker v. Marvin Evans
U.S. Court of Appeals Case No. 01-1778
Eastern District of Arkansas
Civil Case - civil rights-qualified immunity. District court's
denial of summary judgment to prison employees on the basis
of qualified immunity is reversed. In failure-to-protect action
where prisoner was killed by inmate, employee's conduct
did not rise to level of constitutional wrong, only negligence
or gross negligence. No evidence warden or director
disregarded excessive risk to inmate health or safety and
no evidence of violation of clearly established law in training
of prison guard.
012227U.pdf 01/14/02 Broadway-Washington v. Tax Increment
U.S. Court of Appeals Case No. 01-2227
Western District of Missouri
Civil Case. Dismissal of claims of procedural and substantive
due process violations and claim of equal protection violation
were proper.
012331P.pdf 01/14/02 USA v. Humberto Amezuca
U.S. Court of Appeals Case No. 01-2331
Northern District of Iowa
Criminal Case - direct criminal appeal. Because defendant did
not show the government's refusal to file a motion for
downward departure was for an impermissible reason, defendant
is not entitled to relief.
012479U.pdf 01/14/02 United States v. Michael S. Shirley
U.S. Court of Appeals Case No. 01-2479
District of Nebraska
Criminal Case - downward departure. District court did not abuse
its discretion in denying an evidentiary hearing on motion for
downward departure.
012515U.pdf 01/14/02 United States v. Rodney C. Shurter
U.S. Court of Appeals Case No. 01-2515
District of Nebraska
Criminal Case - jury instructions. District court's jury
instructions fairly and adequately reflected the applicable law
regarding drug quantities. Conviction is affirmed.
012794P.pdf 01/14/02 USA v. M. Sarabia-Martinez
U.S. Court of Appeals Case No. 01-2794
District of Minnesota
Criminal Case - sentencing. District court did not err in
holding defendant responsible for drug quantity or in applying
a 4-level enhancement for being an organizer or leader.
District court did not err in admitting evidence from special
agent as to defendant's mental state.
013151U.pdf 01/14/02 USA v. David McGlothlin
U.S. Court of Appeals Case No. 01-3151
Eastern District of Arkansas
Criminal Case - restitution. District court did not abuse its
discretion in denying continuance motion or in setting
restitution payment schedule.
[ January 11, 2002 ]
011323P.pdf 01/11/02 Heather Burton v. Patricia Richmond
U.S. Court of Appeals Case No. 01-1323
Western District of Missouri
Civil case - civil rights - qualified immunity. District court's
denial of motion to dismiss based on qualified immunity to
six social workers is affirmed. A cause of action for
substantive due process was stated when social workers
created and maintained an abusive situation by recommending
placement of children with admitted sexual abuser, denied
children access to their parents and denied them access to
the judicial system.
012242U.pdf 01/11/02 USA v. Angel Rodriguez
U.S. Court of Appeals Case No. 01-2242
District of Nebraska
Criminal case - sentencing. District court's decision not to
depart downward is unreviewable, and otherwise not
warranted. Downward departure for deportable alien is
allowed if individual circumstance is atypical or unusual
and defendant did not show his case was atypical or unusual.
[ January 10, 2002 ]
001625P.pdf 01/10/02 ANR Western Coal v. Basin Electric Power
U.S. Court of Appeals Case No. 00-1625
and No. 00-1628
District of North Dakota
Civil Case - diversity. North Dakota recognizes an implied duty
to develop oil and gas leases by royalty holder and district court
did not clearly err in finding a breach of the duty by a
preferential mining of other reserves. District court erred in
calculating damages limited to interest from royalties and case
is remanded for calculation based on full royalties. District
court erred in rejecting a tortious-interference-with-contract claim.
002268U.pdf 01/10/02 David Simmons v. Paul Caspari
U.S. Court of Appeals Case No. 00-2268
and No. 01-9011
Eastern District of Missouri
Civil Case - state habeas. Counsel was not ineffective in failing
to raise violation of state speedy trial statute because argument
lacks merit.
003720P.pdf 01/10/02 Ronald Owens v. Kent Miller
U.S. Court of Appeals Case No. 00-3720
Western District of Missouri
Civil Case - bankruptcy-Chapter 7. Actual fraud of securities
broker employee may not be imputed to debtor supervisors
under section 20(a) of the Securities Exchange Act and
supervisors' debts are thus dischargeable. Dissent by Judge Beam.
011220P.pdf 01/10/02 United States v. Michael T. Petersen
U.S. Court of Appeals Case No. 01-1220
and No. 01-1221
District of South Dakota
Criminal Case - sentencing. District court's downward departure
from offense level of 35 to 30 is reversed because district court
erred in relying on "temporary insanity" and failed to support
factually the departure. Burglary was also not atypical because
it was defendant's home when defendant was barred from
entering it. District court finding of minimal force not
supported by record.
011986P.pdf 01/10/02 United States v. Arthur Lee Burns Jr.
U.S. Court of Appeals Case No. 01-1986
Western District of Missouri
Criminal case - direct criminal appeal. Conviction for
conspiring to commit credit card fraud and sentence are
affirmed. Admission of defendant's silence during
post-arrest interrogation after he signed Miranda waiver
is not a violation of constitutional rights, and even it
was error, the error was harmless beyond a reasonable
doubt. Any error in admitting witness statements was
harmless. District court did not err in calculating loss
and in concluding there was only one conspiracy.
012198P.pdf 01/10/02 USA v. Ronald Claxton
U.S. Court of Appeals Case No. 01-2198
Eastern District of Missouri
Criminal case - direct criminal appeal. Convictions for
possession of firearms are affirmed. Admission of drugs
found in apartment was not an abuse of discretion.
Refusal to give proffered jury instruction about mere
presence was not an abuse of discretion.
012200P.pdf 01/10/02 United States v. Thomas Yellow Hawk
U.S. Court of Appeals Case No. 01-2200
District of South Dakota
Criminal case - sexual abuse. Conviction for three counts of
sexual abuse is affirmed. No plain error in failing to grant a
mistrial relating to allegation of bribery, in failing to conduct
voluntariness hearing, or in failing to instruct jury on voluntary
intoxication defense. District court did not err in denying
motion for acquittal, as evidence was sufficient to support verdict.
012534U.pdf 01/10/02 Dr. Genick Bar-Meir v. North American Die
U.S. Court of Appeals Case No. 01-2534
District of Minnesota
Civil case - interlocutory appeal. District court's grant of injunctive
relief affirmed in trademark action, as a likelihood of confusion
exists. Summary judgment was proper on cybersquatting based
on evidence of bad faith.
016042P.pdf 01/10/02 Nanci A. Long v. ECMC
U.S. Court of Appeals Case No. 01-6042
District of Minnesota
Bankruptcy Appellate Panel - dischargeability under
section 523(a)(8). Bankruptcy court's order declaring student
loan debt dischargeable is affirmed. Determination of
whether excepting a student loan from discharge is an undue
hardship is a question of fact under the totality of circumstances.
Bankruptcy court did not clearly err in finding undue hardship.
Judge Schermer dissents.
[ January 09, 2002 ]
002599P.pdf 01/09/02 Ramon Gavilan-Cuate v. Chuck Yetter
U.S. Court of Appeals Case No. 00-2599
District of Minnesota
Prisoner case - habeas. Issue of whether conviction for conspiracy
to transport and harbor illegal aliens was an aggravated felony
was decided adversely to Gavilan on direct appeal and the issue
could not serve as basis for granting habeas relief.
011056P.pdf 01/09/02 Eddie Randolph v. Michael L. Kemna
U.S. Court of Appeals Case No. 01-1056
Western District of Missouri
Prisoner case - habeas. District court erred in finding all claims
were procedurally defaulted; see this court's opinions in
Dixon v. Dormire and Moore v. Luebbers; case remanded
for further proceedings.
011087P.pdf 01/09/02 Rosemann v. Roto-Die
U.S. Court of Appeals Case No. 01-1087
Eastern District of Missouri
Civil case - Corporations. Neither principles of res judicata
nor the rule against splitting a claim barred this action by a
minority shareholder to enforce a stock redemption
agreement; price provisions of the agreement were ambiguous,
and the case must be remanded for further proceedings with
regard to the price at which defendant must redeem plaintiff's shares.
011288U.pdf 01/09/02 Melissa Weets v. Corrections Corp.
U.S. Court of Appeals Case No. 01-1288
District of Minnesota
Civil case - civil rights. Defendant's summary judgment on
gender discrimination claim affirmed.
011312P.pdf 01/09/02 John R. Stoebner v. Susan E. Wick
U.S. Court of Appeals Case No. 01-1312
District of Minnesota
Civil case - bankruptcy. Debtor was not entitled to the entire
amount of proceeds from stock options which were not yet
vested when she filed for Chapter 7 relief; court computes
the amount that is exempt and remands the case for further
proceedings.
011647P.pdf 01/09/02 Thomas M. Godfrey v. Pulitzer Publishing
U.S. Court of Appeals Case No. 01-1647
Eastern District of Missouri
Civil case - Antitrust. In action by St. Louis Post-Dispatch's
branch paper dealers, the dealers failed to establish that there
was a competitive relationship between dealers, and they were
not entitled to relief under the Robinson-Patman Act.
011780U.pdf 01/09/02 Ronaldo S. Ligons v. Mark Kroll
U.S. Court of Appeals Case No. 01-1780
District of Minnesota
Prisoner case - prisoner civil rights. District court order
finding prisoner had failed to exhaust his administrative
remedies affirmed without comment.
012430U.pdf 01/09/02 United States v. Frank Rivas-Gomez
U.S. Court of Appeals Case No. 01-2430
Eastern District of Arkansas
Criminal case - Sentencing Guidelines. District court did not
err in imposing enhancements for possession of a firearm
or for reckless endangerment of others during flight.
016052P.pdf 01/09/02 Landmark Comm. Bank v. Deanna M. Perkins
U.S. Court of Appeals Case No. 01-6052
District of Minnesota
Bankruptcy Appellate Panel. Bankruptcy court abused its discretion
in refusing to exercise its equitable powers to extend the deadline
for filing an adversary complaint; case remanded for further
proceedings; dissent by Judge Schermer.
[ January 08, 2002 ]
011025P.pdf 01/08/02 Jefferson Company v. Mark Halverson
U.S. Court of Appeals Case No. 01-1025
District of Minnesota
Civil Case - bankruptcy. Appeal from bankruptcy court's
determination that transfer of property to trust was fraudulent is moot,
as property was sold, sale was not stayed pending appeal, and value of
property is in the estate.
011463P.pdf 01/08/02 Allen Ware v. Marvin Morrison
U.S. Court of Appeals Case No. 01-1463
Eastern District of Arkansas
Civil case - Bivens action; interlocutory appeal. District court's denial
of summary judgment on basis of qualified immunity is reversed. Inmate
claimed the denial of visitation privileges with his wife constituted a
denial of due process. Court holds no constitutionally protected interest
is implicated by suspension of visitation privileges as they do not impose
an atypical and significant hardship. Concurrence by Judge Heaney.
011832U.pdf 01/08/02 United States v. Michael C. Hughes
U.S. Court of Appeals Case No. 01-1832
Western District of Missouri
Criminal case - sentencing. District court failure of make factual
findings at sentencing is not error because defendant did not object to
PSR at sentencing.
012361P.pdf 01/08/02 United States v. Jermaine Jackson
U.S. Court of Appeals Case No. 01-2361
District of Minnesota
Criminal case - direct criminal appeal. District court did not abuse
its discretion in denying a waiver of a jury trial because the government
did not consent. District court did not abuse its discretion in admitting
evidence of a prior conviction. Evidence of prior drug conviction was
admissible to show intent, was not too old, and was otherwise harmless
error.
013084U.pdf 01/08/02 Wayne Nicolaison v. Frank Milczark
U.S. Court of Appeals Case No. 01-3084
District of Minnesota
Civil case - civil rights. Grant of summary judgment to officials in
claim by civilly committed detainee following confiscation of personal
computer is affirmed. No relief available in federal court for violation
of state law, federal court lacked authority to order defendants to comply
with state law, and action did not place detainee in double jeopardy.
013137U.pdf 01/08/02 USA v. Ricardo V. Ibarra
U.S. Court of Appeals Case No. 01-3137
District of Nebraska
Criminal case - sentencing. District court did not commit clear error
by denying minor-participant enhancement.
[ January 07, 2002 ]
003710P.pdf 01-07-02 United States v. Christopher P. Sianis
U.S. Court of Appeals Case No. 01-3710
District of Nebraska
Criminal Case - felon in possession. Defendant constructively possessed
firearm found in bedroom defendant shared with his wife. Firearm was
manufactured out of state and thus interstate commerce element is met.
State did not restore civil rights to possess gun, thus Defendant's
completion of probation did not make him ineligible for conviction
under section 922(g).
011008P.pdf 01-07-02 Mark A. Schaefer v. Spider Staging Corporation
U.S. Court of Appeals Case No. 01-1008/01-2216/01-2594/01-1617
Eastern District of Missouri
Civil Case - diversity. District court did not err in granting remittitur or
new trial. Grant of summary judgment on indemnity claim is affirmed.
Awards of different attorneys fees awards by different district court
judges are affirmed. Award of prejudgment interest was plain error
and is remanded.
012786P.pdf 01-07-02 United States v. Randall Gene Whitefeather
U.S. Court of Appeals Case No. 01-2786
District of Minnesota
Criminal Case - simple assault. Conviction of simple assault is affirmed.
District court did not abuse its discretion in instructing jury on
section 113(a)(5). Ineffective assistance of counsel claim should be raised
in post conviction proceeding.
[ January 04, 2002 ]
003939P.pdf 01/04/02 Schoolhouse, Inc. v. Jeff Anderson
U.S. Court of Appeals Case No. 00-3939
District of Minnesota
Civil Case - copyright. Grant of summary judgment to defendant is
affirmed. Use of table on public schools in website was not substantially
similar; ordinary, reasonable minds would not find two works substantially
similar because selection of topics, arrangement of facts differed.
_
011253U.pdf 01/04/02 Louis Anthony Mealer v. Service Vending Co.
U.S. Court of Appeals Case No. 01-1253
Western District of Missouri
Civil Case - attorneys fees. District court did not abuse its discretion in
arriving at fee award or in denying motion to alter or amend.
011870P.pdf 01/04/02 Debra M. Estes v. Kenneth S. Apfel
U.S. Court of Appeals Case No. 01-1870
District of Nebraska
Civil Case - social security. Decision to deny benefits is supported by
substantial evidence because evidence showed claimant could work
if she stopped using alcohol and her epilepsy was controlled with
medication. New evidence was not probative of condition for time
period when benefits were denied..
012901U.pdf 01/04/02 Alan H. Norman v. John H. Anderson
U.S. Court of Appeals Case No. 01-2901
Eastern District of Missouri
Civil Case - diversity. District court did not clearly err in dismissing
diversity action based on lack of diversity of citizenship.
012991U.pdf 01/04/02 United States v. Cameron R. Hagen
U.S. Court of Appeals Case No. 01-2991
Western District of Missouri
Criminal Case - direct criminal appeal. Sentence of 188 months for
conviction for being a felon in possession exceeds the statutory maximum
and sentence is modified to 120 months. Other arguments regarding
constitutionality of sentence, sufficiency of information and challenge
to lack of interstate commerce are rejected.
[ January 03, 2002 ]
003741P.pdf 01/03/02 United States v. Brian E. Spotts
U.S. Court of Appeals Case No. 00-3741
District of Nebraska
Criminal Case - suppression. Defendant's convictions for possessing
methamphetamine with intent to distribute and possessing a firearm
during the commission of a crime are affirmed. District court did not
err in denying suppression motion, as investigatory vehicle stop was
justified by the defendant's visit to a suspicious residence under
surveillance, together with anonymous tips that had been corroborated.
012272U.pdf 01/03/02 American Cable v. American Telephone
U.S. Court of Appeals Case No. 01-2272
Western District of Missouri
Civil Case - tortious interference with contract. District court's grant
of summary judgment is summarily affirmed.
993281P.pdf 01/03/02 Kenneth Kenley v. Michael Bowersox
U.S. Court of Appeals Case No. 99-3281
and No. 99-3440
Eastern District of Missouri
Habeas Case - Death Penalty. Denial of relief on two ineffective
assistance of counsel claims at resentencing are affirmed. The claims
were adjudicated on the merits in the state court and the decisions of
the state courts regarding counsel's performance and any prejudice
were not a result of an unreasonable application or contrary to clearly
established law.
[ January 02, 2002 ]
011611P.pdf 01/02/02 Hallmark Cards v. Lee-Thomas, Inc.
U.S. Court of Appeals Case No. 01-1611
Western District of Missouri
Civil Case - indemnity. Summary judgment in favor of Hallmark
in its action for indemnity against Lee-Thomas, Inc. is affirmed.
Assumption of liability agreement unambiguously required
Lee-Thomas to assume liabilities in products liability action.
District court properly concluded that Hallmark had timely
tendered the defense and properly allowed Hallmark to prove
only that it was potentially liable . District court did not abuse
its discretion in calculating fees and costs.
012332U.pdf 01/02/02 Clyde Johnson v. Davis Loftin, et al.
U.S. Court of Appeals Case No. 01-2332
Eastern District of Arkansas
Civil Case - civil rights. District court's dismissal is affirmed
without comment.
012685U.pdf 01/02/02 United States v. R. Garcia-Landeros
U.S. Court of Appeals Case No. 01-2685
District of Nebraska
Criminal Case - direct criminal appeal. Conviction for distributing
methamphetamine is affirmed. District court did not err in
denying safety-valve relief because court's finding defendant had
not been forthcoming is supported by the evidence.
012983U.pdf 01/02/02 United States v. David Winslow Dunham
U.S. Court of Appeals Case No. 01-2983
Southern District of Iowa
Criminal Case - Rule 41(e). Denial of claim for return of property
is affirmed. Defendant is precluded by res judicata from claiming
property seized in September 1997, money seized in July 1997 is
in possession of state, and vehicles were not in possession of federal
government.
016040P.pdf 01/02/02 Laclede Steel Co. v. Concast Canada, Inc.
U.S. Court of Appeals Case No. 01-6040
Eastern District of Missouri
Bankruptcy Appellate Panel. Bankruptcy court's decision concluding
late payments were not made in the ordinary court between the
parties is not clearly erroneous and payments do not fall within
the avoidable preference exception of section 547(c).
016043P.pdf 01/02/02 Kenneth L. Kaelin v. Daniel Bassett
U.S. Court of Appeals Case No. 01-6043
Eastern District of Missouri
Bankruptcy Appellate Panel. Bankruptcy court's finding of
debtor's bad faith in seeking to amend exemptions to protect
personal injury attorneys is not clearly erroneous.
016056U.pdf 01/02/02 Robert P. Ciralsky v. Companion Mortgage
U.S. Court of Appeals Case No. 01-6056
Eastern District of Missouri
Bankruptcy Appellate Panel. Bankruptcy court's order granting relief
from automatic stay is affirmed. Because no stay was sought pending
appeal, the property was foreclosed and the bankruptcy case
subsequently dismissed, the appeal is moot.
016078P.pdf 01/02/02 Burma Jean Martin v. Brian P. Sanford
U.S. Court of Appeals Case No. 01-6078
and No. 01-6083
Eastern District of Arkansas
Bankruptcy Appellate Panel. Bankruptcy court's denial of
motions filed two years after closure of bankruptcy case is
affirmed. Motions were untimely, request for injunction was
properly denied and court lacks jurisdiction to enforce
settlement agreement.