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United States Eighth Circuit - April 2004 Opinion Summaries

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Description Date Docket #
UNION ELEC. CO. v. MISSOURI DEP'T OF CONSERVATION
United States Eighth Circuit
Injury & Tort Law, Public Utilities 
Under the Federal Power Act, licensees such as plaintiff are excluded from maintaining an Ex Parte Young action seeking to prevent a State from... 		04/30/2004 03-2135
US v. CEDANO-MEDINA
United States Eighth Circuit
Criminal Law & Procedure  (Industry: Autos)
After reviewing the video tape of the traffic stop and the request for consent to search the vehicle, a reasonable person could believe that defendant... 		04/30/2004 03-2980
ROBERT v. US
United States Eighth Circuit
Tax Law  (Industry: Autos)
District court properly granted summary judgment to government in action to quash third-party summonses issued following improper ex parte... 		04/29/2004 03-1603
PETERSEN v. E.F. JOHNSON CO.
United States Eighth Circuit
ERISA, Labor & Employment Law  (Industry: Autos)
Breach of contract claim brought by a former employee, who elected not to waive his rights under the old severance benefits plan and thus was not... 		04/29/2004 03-1494, 03-1495
PILGRIM'S PRIDE CORP. v. SIMMONS MILL ELEVATOR ERECTION, INC.
United States Eighth Circuit
Injury & Tort Law, Labor & Employment Law  (Industry: Autos)
District court properly applied Texas law to employer's third-party complaint for indemnification, arising from a tort action filed by injured... 		04/29/2004 03-1934
US v. RODRIGUEZ-CEBALLOS
United States Eighth Circuit
Criminal Law & Procedure, Sentencing  (Industry: Autos)
District court erred in granting a "disproportionate impact" downward departure based on the circumstance of defendant's prior, aggravated felony. 		04/29/2004 03-2208
LOULOU v. ASHCROFT
United States Eighth Circuit
Immigration Law  (Industry: Autos)
The BIA's streamlined review procedure does not violate an alien's due process rights; an alien has no constitutional or statutory right to an... 		04/28/2004 02-3004
US v. DEWITT
United States Eighth Circuit
Criminal Law & Procedure, Sentencing  (Industry: Autos)
Where the government stipulates to a drug quantity and a base offense level, it may not then initiate an effort at sentencing to obtain a greater... 		04/28/2004 03-2779
KUHA v. CITY OF MINNETONKA
United States Eighth Circuit
Civil Rights, Criminal Law & Procedure, Injury & Tort Law  (Industry: Autos)
Plaintiff's allegation that police officers failed to give him a verbal warning prior to using a police dog trained to bite and hold is sufficient to... 		04/27/2004 02-1081
US v. VELAZQUEZ-RIVERA
United States Eighth Circuit
Criminal Law & Procedure  (Industry: Autos)
Officers had probable cause to stop and arrest defendant based on a corroborated tip from a confidential informant and defendant's behavior once he... 		04/27/2004 03-1185

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