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United States Fifth Circuit - January 2004 Opinion Summaries

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Description Date Docket #

AIR LIQUIDE AM. CORP. v. US ARMY CORPS OF ENG'RS

United States Fifth Circuit
Military Law, Oil and Gas Law, Property Law & Real Estate, Transportation, Water Law
District court improperly allocated the cost of relocating privately owned pipelines to the Port of Houston Authority. Since the relocation was part...
01/30/2004 02-20442

CARMONA v. ANDREWS

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
District court properly dismissed prisoner's habeas petition for lack of jurisdiction. Because the Louisiana Board of Parole does not act as a state...
01/29/2004 03-30479

US v. SLANINA

United States Fifth Circuit

Criminal Law & Procedure
01/28/2004 03-20181, 03-20447

US v. VARGAS-DURAN

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
For the "use of force" provision of U.S.S.G. section 2L1.2 to apply, a defendant must intentionally avail himself of that force, and intentional use...
01/27/2004 02-20116

ACTION INDUS., INC. v. ENGINEERED HANDLING SYS., INC.

United States Fifth Circuit
Construction, Dispute Resolution & Arbitration
Defendant unsuccessfully appeals the district court's confirmation of an arbitration award per the Federal Arbitration Act.
01/26/2004 02-60765

US v. REYNA

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
In the absence of an objection by the defendant, district court's failure to give the defendant an opportunity to allocute as required by FRCP rule 32...
01/26/2004 01-41164

MCKEE v. KANSAS CITY S. RY. CO.

United States Fifth Circuit
Civil Procedure, Injury & Tort Law, Transportation
District court erred in denying plaintiff's motion to remand, incorrectly deeming the non-diverse defendants to have been fraudulently joined.
01/23/2004 03-60259

US v. LEE

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Defendant, convicted of possession of a firearm by a convicted felon, unsuccessfully appeals from a discretionary upward departure applied pursuant to...
01/20/2004 03-10135

FACILITY INS. CORP. v. EMPLOYERS INS. OF WAUSAU

United States Fifth Circuit
Insurance Law, Workers' Compensation
Plaintiff properly sued one of its servicing companies on an open account under Texas Civil Practice and Remedies Code section 16.004(c); thus, the...
01/14/2004 03-50335

LEE v. AM. AIRLINES INC.

United States Fifth Circuit
Injury & Tort Law, Transportation
Plaintiff's damages claims for inconvenience and loss of a full day of "refreshing, memorable vacation" are merely an attempted re-characterization of...
01/14/2004 03-10178

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