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   Federal Courts - 3rd Circuit Court of Appeals - January 9, 2006

  
Adapt of Phila. v. Phila. Hous. Auth., Nos. 04-4502, 04-4734, 05-1692, 05-1727, 05-2079, 05-2080, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 9, 2006, Filed
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Overview: Court of appeals lacked jurisdiction under 28 U.S.C.S. § 1291 over appeals from a district court's discovery orders; Fed. R. App. P. 4(a)(2) did not allow appeals of discovery rulings to serve as a notice of appeal from a later final judgment, nor did the premature notices of appeal ripen upon the district court's entry of final judgment.

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Bailey v. Marano, NO. 05-2933, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 9, 2006, Filed
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Overview: District court properly denied appellant's Fed. R. Civ. P. 60 motion seeking relief from magistrate judge's grant of summary judgment to appellees because appellant consented to magistrate trying case, he had opportunity to appeal from order but chose not to do so, and he could have appealed from magistrate's denial of reconsideration.

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Browne v. AG of the United States, NO. 05-3162, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 9, 2006, Filed
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Overview: Alien was properly ordered removed for committing an aggravated felony as defined in 8 U.S.C.S. § 1101(a)(43)(B) because his state conviction for possession with intent to deliver controlled substance, a violation of Pa. Stat. Ann. tit. 35, § 780-113(a)(30), was felony pursuant to § 780-113(f)(1.1), and his crime also included trafficking element.

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Cuffee v. Dover Wipes Co., NO. 05-2457, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 9, 2006, Filed
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Overview: District court properly denied employee's motion for new trial after jury returned verdict for employers in his employment discrimination action brought under Equal Pay Act, Title VII, and 42 U.S.C.S. § 1981 because evidence supported finding that employers did not exercise peremptory challenge based on race.

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