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   Federal Courts - 8th Circuit Court of Appeals - February 1, 2006

  
Creason v. City of Washington, No. 04-3759, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 1, 2006, Filed
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Overview: Landowners failed to state a claim under 42 U.S.C.S. § 1983 based on a city's special assessment against their property because the city treated the landowners and other similarly situated owners the same; the landowners received notice and a hearing and had no takings claim because they did not allege they did not receive just compensation.

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Meraz-Reyes v. Gonzales, No. 05-1197, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 1, 2006, Filed
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Overview: Alien's petition for review of denial of cancellation of removal was denied for lack of jurisdiction where alien attacked BIA determination that evidence failed to show an extraordinary and extremely unusual hardship, and this finding was discretionary determination that Congress shielded from court's review, under 8 U.S.C.S. § 1252(a)(2)(B)(i).

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St. John's Mercy Health Sys. v. NLRB, Nos. 05-2306/05-2392, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 1, 2006, Filed
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Overview: Where discharging 14 registered nurses from the employ of the corporation did not violate Missouri public policy, and where it was not Congress' intent to treat health care institutions differently than other businesses under the Labor Management Relations Act, the court affirmed the NLRB's order to comply with union-security provision in its CBA.

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United States v. Bigalk, No. 05-1003, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 1, 2006, Filed
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United States v. Blazek, No. 05-1705, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 1, 2006, Decided
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United States v. Gray, No. 05-1045, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 1, 2006, Filed
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United States v. Levering, No. 04-4100, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 1, 2006, Decided
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United States v. Simmons, No. 03-3119, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 1, 2006, Filed
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Overview: Where trial court denied defendant a downward departure in sentence based on, inter alia, the high likelihood of recidivism, defendant's violent tendencies, and defendant's continued criminal conduct in response to other courts' efforts to show leniency, record did not support finding that trial court's Booker error prejudiced defendant.

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