United States Eighth Circuit - October 2003 Opinion Summaries

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Description Date Docket #

HARRIS v. INTERSTATE BRANDS

United States Eighth Circuit
Civil Rights, Constitutional Law
In an employment discrimination case, summary judgment to defendant is affirmed where it does not violate the Seventh Amendment, and summary judgment...
10/31/2003 02-3837

WHEELER v. MO HIGHWAY & TRANS.

United States Eighth Circuit
Attorney's Fees, Civil Procedure, Civil Rights, Labor & Employment Law, Sanctions
In an employment discrimination case, the district court's judgment in favor of plaintiff is affirmed where the evidence was sufficient to support...
10/31/2003 02-3569, 02-3570

US v. GILLON

United States Eighth Circuit
Criminal Law & Procedure
District court is affirmed where defendant's challenges to indictment on the ground it failed to allege drug quantity and factual basis for...
10/31/2003 02-2643

IA 80 GROUP, INC. v. US

United States Eighth Circuit
Tax Law
(Industry: Retail)

Under the gross revenue test, taxpayer's multi-building truck stops were properly characterized as retail convenience stores, rather than retail motor...
10/30/2003 02-3012

KESSLER v. NAT'L ENTER.

United States Eighth Circuit
Civil Procedure, Class Actions, Property Law & Real Estate
Class action suit is remanded to the state court from which it was removed, where although the class members' claims in this Arkansas Time-Share Act...
10/30/2003 02-3715, 02-3774

HOLDEN FARMS, INC. v. HOG SLAT, INC.

United States Eighth Circuit
Agriculture, Contracts, Injury & Tort Law, Product Liability
(Industry: Manufacturing)

In a case where plaintiffs are suing up the stream of commerce, breach of contract claim was properly dismissed because the one-year limitation for...
10/28/2003 02-2786

VISITING NURSE ASS'N. v. VNA HEALTHCARE, INC.

United States Eighth Circuit
Contracts, Intellectual Property, Trademark
In an action alleging trade name infringement, the refusal to grant plaintiff's request to enforce a purported settlement agreement is vacated where...
10/27/2003 02-4150

ALLIANT ENERGY v. NE PUB. POWER DIST.

United States Eighth Circuit
Government Contracts, Public Utilities
District court's order finding defendant in breach of contract for not refunding fees deemed discriminatory by FERC is affirmed, where the agreement...
10/24/2003 01-3782

REINHOLDSON v. STATE OF MINNESOTA

United States Eighth Circuit
Civil Rights, Class Actions, Education Law, Judgement Enforcement
In regard to a severance order issued in connection with an action under IDEA, the court abused its discretion to the extent that the clerk's judgment...
10/23/2003 02-3525,02-3529

US v. NELSON

United States Eighth Circuit
Criminal Law & Procedure, Evidence, Sentencing
In a challenge to the voir dire practices in sentencing phase of death penalty, the district court did not abuse its discretion in 1) denying request...
10/22/2003 02-1757