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Federal Courts -
11th Circuit Court of Appeals - April 4, 2006
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Bergen v. Comm'r of Soc. Sec., No. 05-14683 Non-Argument Calendar, No. 05-14684 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 4, 2006, Decided , April 4, 2006, Filed
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Overview: A district court's determination that 42 U.S.C.S. § 406(b)(1)(A) did not permit an award of attorney's following an award of past-due benefits on remand was vacated, and the case was remanded because that determination frustrated the underlying congressional policy of encouraging effective legal representation of claimants.
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Gibson v. Gains, No. 05-15997 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 4, 2006, Decided , April 4, 2006, Filed
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Overview: A district court's dismissal of a taxpayer's 42 U.S.C.S. §§ 1983 and 1985 case against the State of Alabama, the Alabama Department of Revenue, and two employees was affirmed because, inter alia, the district court lacked jurisdiction under the Tax Injunction Act, and it did not err is declining supplemental jurisdiction over the state claims.
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Stratus Pharms., Inc. v. State Farm Fla. Ins. Co. (In re Stratus Pharms., Inc.), No. 05-12272, 04-CV-21167, 04-CV-21168,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 4, 2006, Decided , April 4, 2006, Filed
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United States v. Asprilla, No. 05-14948 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 4, 2006, Decided , April 4, 2006, Filed
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Overview: Defendant's 135-month sentence following his guilty plea to violating 18 U.S.C.S. § 2, 46 U.S.C.S. app. § 1903(a), (g), and (j), and 21 U.S.C.S. § 960(b)(1)(B)(ii) was affirmed because the district court did not clearly error in denying him a mitigating role reduction pursuant to U.S. Sentencing Guidelines Manual § 3B1.2.
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