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   Federal Courts - 10th Circuit Court of Appeals - January 12 - January 17, 2006

  
Bridges v. Barnhart, No. 05-6134, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 12, 2006, Filed
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Overview: Court of appeals found that an ALJ applied the correct legal standards when he evaluated claimant's subjective allegations claiming that she was disabled due to chronic fatigue syndrome, hypertension, and depression, and it upheld the ALJ's finding that the claimant was not entitled to an award of Social Security disability benefits.

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Finch v. Coe, No. 05-8008, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 12, 2006, Filed
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Silverton Snowmobile Club v. United States Forest Serv., No. 05-1005, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 12, 2006, Filed
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Overview: Court of appeals affirmed the district court's judgment finding that the U.S. Forest Service and the BLM complied with the NEPA and the National Forest Management Act of 1976 when they made changes to winter recreation management protocols that governed use of the Molas Pass area of Colorado.

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United States v. Wright, No. 05-6203, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 12, 2006, Filed
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Lombardo v. Potter, Nos. 05-3080 & 05-3221, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 13, 2006, Filed
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Overview: In a Title VII retaliation case, judgments in favor of the USPS, plaintiff's former employer, were affirmed for the reasons stated by the district court; any discontent that plaintiff had with his appointed counsel's performance did not establish grounds for reversal, and arguments raised for the first time on appeal were waived.

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NLRB v. Velocity Express, Inc., No. 04-9602, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 17, 2006, Filed
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Overview: The NLRB, in calculating the back pay of wrongfully discharged drivers, properly calculated their gross back pay without deduction for vehicle operating expenses. As the drivers were not independent contractors, a profit and loss approach was inconsistent with the lack of entrepreneurial opportunity for gain or loss inherent in this arrangement.

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