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United States Tenth Circuit - July 2002 Opinion Summaries

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Description Date Docket #

BD. OF COUNTY COMM'RS OF SWEETWATER COUNTY v. GERINGER

United States Tenth Circuit
Property Law & Real Estate, Government Law
Assuming that the Wyoming Act of Admission created a trust for a miners' hospital, a county did not have standing to sue for an alleged violation of...
07/31/2002 01-8071

US v. MARSHALL

United States Tenth Circuit
Criminal Law & Procedure
A firearm possession conviction is affirmed where 1) an incident report containing a discrepancy was properly admitted, 2) instruction on...
07/30/2002 01-5147

HYSTEN v. BURLINGTON N. & SANTA FE RY. CO.

United States Tenth Circuit
Civil Rights, Labor & Employment Law
An employee's 42 U.S.C. section 1981 and retaliatory activity claims are not actionable where 1) no proof gave rise to an inference of unlawful...
07/30/2002 01-3098

US v. LOTT

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
Defendants' substantial rights were not affected by Apprendi error where the court's mandatory imposition of consecutive sentences would have equaled...
07/30/2002 00-6141/6200

SMITH v. DIFFEE FORD-LINCOLN-MERCURY, INC.

United States Tenth Circuit
Civil Rights, Labor & Employment Law
Evidence allowed a jury to infer that, had an employee been healthy and not taken FMLA leave, the employer would have permitted her to continue...
07/29/2002 00-6362/3

HASAN v. US DEP'T OF LABOR

United States Tenth Circuit
Administrative Law, Labor & Employment Law
The Administrative Review Board properly denied petitioner's retaliation action based on his failure to state a claim under 42 U.S.C. section...
07/26/2002 01-9521

REED v. MCKUNE

United States Tenth Circuit
Criminal Law & Procedure
In light of the Supreme Court's decision in Lile v. McKune, No. 00-1187, 2002 U.S. LEXIS 4206 (U.S. June 10, 2002), there is no merit to plaintiff's...
07/26/2002 00-3255

HERRICK v. GARVEY

United States Tenth Circuit
Administrative Law, Trade Secrets, Transportation, Government Law
The "trade secret" exemption, to the Freedom of Information Act's general requirement that the federal government release information to the public,...
07/24/2002 01-8011

US v. MENDEZ-ZAMORA

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
In appeals from drug convictions, 1) opinion testimony of police officers as to defendants' role in a drug conspiracy was properly admitted, 2)...
07/24/2002 01-3211/15

CUDJOE v. INDEP. SCH. DIST. NO. 12

United States Tenth Circuit
Civil Rights, Education Law
A student bringing a claim for educational injuries under the Individuals with Disabilities Education Act (IDEA) must show either that he has...
07/23/2002 01-6008

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