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   Federal Courts - 8th Circuit Court of Appeals - February 24, 2006

  
Bratton v. Barnhart, No. 04-3634, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 24, 2006, Filed
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City of St. Joseph v. Southwestern Bell Tel., No. 05-1800, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 24, 2006, Filed
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Overview: District court properly struck an affidavit where it contradicted the affiant's prior deposition. Summary judgment was properly granted to a telephone company on a promissory estoppel claim as the city failed to show that the company had promised to have its telephone lines and facilities moved so that they did not interfere with a project.

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Horne v. Denny's Rest., No. 05-2194, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 24, 2006, Filed
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Rodriguez-Cuate v. Gonzales, No. 04-3883, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 24, 2006, Filed
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Overview: Neither the BIA nor the IJ abused its discretion in refusing to reopen an alien's in absentia deportation proceedings where the alien had not submitted an affidavit regarding his non-receipt of notice to the IJ and there was no other evidence to rebut the strong presumption that notice of the deportation proceedings had been properly served.

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United States v. Castaneda, No. 05-1010, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 24, 2006, Filed
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Overview: Defendant's motion to suppress contraband seized from his vehicle was properly denied because the police had probable cause, based on a lawful wiretap of a suspected drug dealer's phone and other circumstances, to believe that defendant's vehicle contained contraband; thus, the warrantless search was permissible under the "automobile exception."

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United States v. Cawthorn, No. 05-1892, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 24, 2006, Decided
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United States v. Lara-Garcia, No. 05-2098, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 24, 2006, Filed
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United States v. Scofield, No. 05-1576, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 24, 2006, Decided
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United States v. Tharp, No. 04-3772, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 24, 2006, Filed
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United States v. Torres-Hernandez, No. 04-3595, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 24, 2006, Filed
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