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   Federal Courts - 8th Circuit Court of Appeals - February 9, 2006

  
Hart v. City of Little Rock, No. 04-2714, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 9, 2006, Decided
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Horton v. Waugh, No. 05-1199, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 9, 2006, Decided
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Kforce, Inc. v. Surrex Solutions Corp., No. 05-2224, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 9, 2006, Filed
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Overview: Plaintiff staffing agency received a full recovery under a contract claim related to a non-compete agreement in state court against a competitor and could not subsequently pursue a tort action or action pursuant to the Missouri Uniform Trade Secrets Act, Mo. Rev. Stat. § 417.450 et seq., for the same injury arising from the same course of conduct.

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McClinton v. Ark. Dep't of Corr., No. 05-2498, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 9, 2006, Filed
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Overview: Arkansas DOC and officials properly were awarded summary judgment on inmate's § 1983 claim that confiscation of property from cell violated due process, as confiscation occurred under DOC mandate that limited amount of property that could be kept in cells and inmate did not show mandate was not reasonably related to legitimate penological interest.

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Ramirez v. Gonzales, No. 04-3201, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 9, 2006, Filed
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Overview: Substantial evidence supported immigration judge's denial of an alien's asylum claim because the alleged incidents forming the basis of the alien's claim, including telephone threats, a visit by a man asking questions, and the ransacking of the alien's home, did not constitute persecution. The alien did not allege that she was ever harmed in Peru.

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United States v. Davidson, No. 05-2380, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 9, 2006, Filed
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Overview: District court did not err in considering two 1998 drug offenses to be unrelated when calculating defendant's criminal history under U.S. Sentencing Guidelines Manual § 4A1.2(a)(2) because the incidents did not occur on the same occasion, they were not consolidated for trial and sentencing, and they were not part of a single common scheme or plan.

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United States v. Erickson, No. 05-1395, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 9, 2006, Filed
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United States v. Philpott, No. 05-3348, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 9, 2006, Filed
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Overview: Officers had probable cause to arrest defendant where reliable confidential informant had stated drugs were in apartment and in defendant's possession, drugs and documents with defendant's name were found during search of apartment, and defendant refused to comply with officer's directions when defendant arrived at apartment complex during search.

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United States v. Quinones, No. 04-3529, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 9, 2006, Filed
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United States v. Turnage, No. 05-1790, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 9, 2006, Filed
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