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United States Tenth Circuit - October 2001 Opinion Summaries

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Description Date Docket #
DOMINION VIDEO SATELLITE, INC., v. ECHOSTAR SATELLITE CORP.
United States Tenth Circuit
Civil Procedure 
Federal Rules of Civil Procedure Rule 65(a)(1), governing the procedures for seeking preliminary injunctions does not require five-day notice under... 		10/25/2001 01-1084
BURLINGTON N. & SANTA FE RY. CO. v. BURTON
United States Tenth Circuit
Constitutional Law, Tax Law, Transportation 
The 4-R Act, 49 USC 11501, which prohibits states from discriminating by more than 5 percent in taxing rail transportation property and rail carriers,... 		10/24/2001 00-8087, 00-8088
US v. BASHAM
United States Tenth Circuit
Criminal Law & Procedure 
Where police request a no-knock warrant, the magistrate does not have an independent duty to inquire as to the means by which service is to be... 		10/22/2001 01-5016
HOLLAND v. HARRINGTON
United States Tenth Circuit
Civil Rights, Constitutional Law 
The Fourth Amendment may apply to the planning of an arrest by law enforcement officials and to the decision to employ a SWAT team to make an arrest... 		10/19/2001 99-1373
SOUTHWEST AIR AMBULANCE, INC. v. CITY OF LAS CRUCES
United States Tenth Circuit
Transportation 
49 USC 40116(b) and (e) of the Anti-Head Tax Act, which limits local "head taxes" for airport construction and maintenance costs, do not provide a... 		10/16/2001 99-2344
US v. COMBS
United States Tenth Circuit
Criminal Law & Procedure 
In a drug smuggling case where a co-conspirator was the main government witness, the prosecution's failure to disclose that a witness had failed drug... 		10/15/2001 99-2341
OXY USA, INC. v. BABBITT
United States Tenth Circuit
Oil and Gas Law 
The six-year statute of limitations under 28 USC 2415(a) governs Mineral Management Service orders directing oil and gas lessees to pay additional... 		10/10/2001 98-5222
TATE v. FARMLAND INDUS., INC.
United States Tenth Circuit
Labor & Employment Law 
An employee taking antiseizure medication cannot be a qualified commercial motor vehicle driver under 49 CFR 391.41(b)(8) as a matter of law. 		10/10/2001 99-6329
PROGRESSIVE CAS. INS. CO. v. ENGEMANN
United States Tenth Circuit
Insurance Law 
Under New Jersey law, a commercial automobile insurance policy covering injuries arising out of the ownership, maintenance, or use of insured vehicles... 		10/10/2001 00-6282
MCCRACKEN v. GIBSON
United States Tenth Circuit
Criminal Law & Procedure, Habeas Corpus 
Under Oklahoma law, evidence that the defendant shot three other bar patrons in the head before he shot the fourth victim and that the victim lived... 		10/10/2001 00-5127

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