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   Federal Courts - 6th Circuit Court of Appeals - March 1, 2007

  
Joseph W. Diemert, Jr. & Assoc. Co. v. FAA, Case No. 06-3099, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 1, 2007, Filed
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Overview: The release of a settlement offer between the Federal Aviation Administration and a former air traffic controller would have been an unwarranted invasion of personal privacy concerning her income and/or medical information without any public interest; therefore, the FOIA request was properly denied under 5 U.S.C.S. § 552(b)(6).

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Loggins v. Franklin County, No. 05-4135, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 1, 2007, Filed
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Overview: Probationer whose jaw was broken by fellow inmate while in jail on probation violation failed to establish violation of U.S. Const. amend. VIII in § 1983 action against county officials; Ohio Rev. Code Ann. § 2744.03(A)(6) provided immunity on state law claims. Probation officer was entitled to quasi-judicial immunity on the probationer's claims.

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Mobley v. Phila. Indem. Ins. Co., No. 06-3610, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 1, 2007, Filed
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Overview: District court properly granted summary judgment for an insurance company on insureds' claim for business interruption loss under a fire insurance policy because the insureds failed to abide by the cooperation clause of the insurance contract by failing to comply with the insurance company's request for an examination under oath.

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United States v. Combs, Case No. 05-5037, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 1, 2007, Filed
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Overview: Defendant was properly convicted of firearms offenses pursuant to 18 U.S.C.S. § 924(c) because that he tried to access his loaded .22 caliber pistol in his pocket when he was apprehended for drug trafficking showed that he carried it "in relation to" the trafficking; also the drug trafficking crime would not have occurred but for the pistol.

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United States v. Jones, Case No. 05-2317, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 1, 2007, Filed
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Overview: Thirty-five month sentence imposed pursuant to defendant's conviction for aiding in preparation of false income tax returns under 26 U.S.C.S. § 7206(2) was upheld as reasonable as record clearly indicated district court's consideration of relevant sentencing factors and district court did not rely upon unsupported allegation regarding motive.

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United States v. Loverson, No. 05-6469, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 1, 2007, Filed
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Overview: Sentence of 541 months for two armed carjackings, in violation of 18 U.S.C.S. §§ 2119, 924(c), was not unreasonable where defendant had shot a victim in the leg, had briefly abducted two children, ages one and three, in the back of one of the cars, and had a criminal history, juvenile and adult, that suggested likely recidivism.

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Whittie v. Doyle, Case Nos. 05-2067, 05-2276, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 1, 2007, Filed
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Overview: Appellate court lacked jurisdiction over appeal by city and officials of district court's denial of summary judgment on grounds of qualified immunity in police officer's § 1983 case because they were simply contesting sufficiency of evidence rather than raising issue of law that was appealable "final decision" within meaning of 28 U.S.C.S. § 1291.

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