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   Federal Courts - 11th Circuit Court of Appeals - February 5, 2007

  
Agee v. Potter, No. 06-12391 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 5, 2007, Decided , February 5, 2007, Filed
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Overview: Postal Service employee failed to make out a prima facie case of sexual harassment hostile work environment under Title VII where she alleged that she was shouted at by a supervisor and assaulted by a female employee; the conduct did not constitute severe and pervasive conduct and there was no evidence that conduct was based on employee's gender.

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Duque v. United States, No. 06-14545 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 5, 2007, Decided , February 5, 2007, Filed
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Overview: In an FTCA case, a district court's entry of summary judgment in favor of the government was affirmed because a federal inmate did not show that the government controlled and supervised the treatment provided by the contract penitentiary medical staff or that the medical staff failed to exercise the requisite care in treating and diagnosing him.

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SEB S.A. v. Sunbeam Corp., No. 06-10157, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 5, 2007, Decided , February 5, 2007, Filed
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Overview: When court remanded district court's original judgment with instructions to award additional prejudgment interest but mandate was silent with respect to postjudgment interest, district court exceeded scope of authority under Fed. R. App. 37 by awarding postjudgment interest from date of original judgment rather than from date of amended judgment.

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Snapping Shoals Elec. Mbrshp. Corp. v. RLI Ins. Corp., No. 06-14804 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 5, 2007, Decided , February 5, 2007, Filed
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Thompkins v. Lil' Joe Records, Inc. , No. 05-10143, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 5, 2007, Decided , February 5, 2007, Filed
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Overview: Where a debtor rejected, under 11 U.S.C.S. § 365, a recording agreement with a musician under which the debtor acquired copyrights, and a recording company bought it "free and clear" of other interests in the debtor's bankruptcy, the company owned the copyrights; summary judgment to the company on the musician's infringement claim was upheld.

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United States v. Bray, No. 05-12305, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 5, 2007, Decided , February 5, 2007, Filed
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United States v. Cantillano, No. 06-13824 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 5, 2007, Decided , February 5, 2007, Filed
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Overview: Defendant's 85-month sentence for violating 8 U.S.C.S. § 1326(a) and (b) was affirmed because it was within the applicable USSG range after consideration of the § 3553(a) factors, it was well below the statutory maximum, and the record demonstrated adequate reasons for the sentence; the sentence was not outside the range of reasonableness.

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United States v. Smith, No. 05-13223, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 5, 2007, Decided , February 5, 2007, Filed
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