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524278-3519
BEER, District Judge. Alken-Ziegler, Incorporated, (Company) appeals from the district court’s grant of summary judgment affirming an arbitration award in favor of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, and Local Union 985 (Union). For the following reasons,...
3088069-19872
Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge TRAXLER and Senior Judge WILLIAMS joined. OPINION WILKINSON, Circuit Judge: The plaintiff in this case alleges that defendant fiduciaries breached their duty to him by failing to implement the investment strategy he had selected for his em...
3601688-11825
PER CURIAM: The uncommon crime of looting is at the nub of this appeal. We affirm. Operation Just Cause Airman First Class Manginell was a security policeman at Norton Air Force Base, California. He was selected for temporary duty during Operation Just Cause, a military expedition in Panama against hostile forces loyal...
8928789-13581
SELYA, Circuit Judge. Defendant-appellant José Guzmán asserts that the Supreme Court’s decision in United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), entitles him to resentencing under non-mandatory sentencing guidelines. Employing the plain error analysis applicable to unpreserved claims of Book...
4062190-28220
ORDER AND JUDGMENT TERRENCE L. O’BRIEN, Circuit Judge. Dale Ilgen pled guilty to possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). He was sentenced to 78 months imprisonment, the bottom of the guideline range. He appeals from that sentence, claiming it is substantively unreasonable. We affirm....
1537726-12834
DIANE P. WOOD, Circuit Judge. After bouncing between psychiatric diagnoses that found him alternately competent and incompetent to stand trial, Seth Bonsu was eventually found competent and tried and convicted by a jury of one count of conspiring to distribute heroin in violation of 21 U.S.C. § 846, and seven counts of...
6487333-11922
OPINION DONALD R. SHARP, Bankruptcy Judge. This matter came on for trial pursuant to regular setting. When all parties were present in Court, evidence was adduced and the matter was taken under advisement. The following opinion constitutes the Court’s findings of fact and conclusions of law in accordance with Bankruptc...
12512251-22322
KEVIN R. ANDERSON, U.S. Bankruptcy Judge I. Introduction Over twenty years ago, Theodore William White, Jr. (the "Debtor") was accused, arrested, and incarcerated for a crime he did not commit. Approximately seven years after his initial arrest, and after multiple proceedings, trials, and appeals, the Debtor was exoner...
4115970-19263
MEMORANDUM OPINION ELIZABETH W. MAGNER, Bankruptcy Judge. The Chapter 7 Trustee, Claude C. Lightfoot, Jr. (“Trustee”), filed this adversary proceeding to avoid and recover three alleged preferential payments made by the debtor, Sea Bridge Marine, Inc., (“Sea Bridge” or “Debtor”) to the defendant, Praxis Energy Agents, ...
866494-22721
J. JOSEPH SMITH, Circuit Judge: Geraldine Powell, formerly a visiting assistant professor at the Syracuse University School of Architecture, appeals from a judgment of dismissal entered in the United States District Court for the Northern District of New York, Edmund Port, Judge. Judge Port found that, contrary to the ...
1503526-10134
R. DORSEY WATKINS, District Judge. This is a suit by the plaintiffs (hereinafter Nelson and Smith) against the defendant, their employer (hereinafter Victory) to recover moneys allegedly due and to become due under the provisions of a collective bargaining agreement entered into on June 25, 1959 between United Brotherh...
4257834-5138
PER CURIAM: Thomas J. Smith, by Tutrix Carolyn Smith, appeals pro se from the district court’s pre-trial dismissal of his claims that Defendants the Department of Health and Hospitals State of Louisiana (“the Department”), South Central Louisiana Human Services Authority, Easter Seals Louisiana, Inc., and Lafourche ARC...
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