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| Cutchin v. Pearson, No. 06-7696,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 8, 2007, Decided
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| Hobet Mining, Inc. v. Terry, No. 06-1218,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 8, 2007, Decided
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Overview: An ALJ properly concluded that miner suffered from legal pneumoconiosis, as defined by 20 C.F.R. §§ 718.201(a)-(b), and was totally disabled and thus entitled to benefits under Black Lung Benefits Act where ALJ's findings regarding persuasive and unequivocal testimony from doctors testifying on miner's behalf was supported by substantial evidence.
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| Kelly v. Gonzales, No. 05-1961,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 8, 2007, Decided
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| New West Materials LLC v. Interior Bd. of Land Appeals, No. 05-2362,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 8, 2007, Decided
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Overview: After considering the language of the statute, the contemporaneous legal sources, and the congressional purpose of the Small Tract Act's (STA) mineral reservation, the court held that the STA's reservation of the "oil, gas and all other mineral deposits" encompassed sand and gravel deposits.
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| United States v. Bailey, No. 05-5274,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 8, 2007, Decided
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Overview: Where defendant was convicted of filing false tax returns and tax evasion, tax loss attributable to the nonpayment of a nursing home's payroll taxes was properly included in computing tax loss under U.S. Sentencing Guidelines Manual § 2T1.1(c)(3) because defendant had authority to direct the nursing home's comptroller to make payments to defendant.
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| United States v. Russell, No. 06-7102,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 8, 2007, Decided
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