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   Federal Courts - 8th Circuit Court of Appeals - March 6 - March 8, 2007

  
Bah v. Gonzales, No. 06-1758, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 6, 2007, Filed
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Marlin v. Marquez, No. 06-1809, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 6, 2007, Filed
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McAninch v. Wintermute, No. 05-2798/05-2938, No. 05-2870, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 6, 2007, Filed
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Overview: It was error for the trial court to grant summary judgment on a former bank director's claim that the insurer was required to provide her a defense in a criminal proceeding because the plain terms of the policy required such coverage for alleged misconduct taken by the director in her capacity as director. Prima facie tort claim was not actionable.

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United States v. Bala, No. 05-3688, No. 05-3691, No. 05-3690, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 6, 2007, Filed
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Overview: Convictions of defendant and her company for conducting an illegal gambling business in violation of 18 U.S.C.S. § 1955 were reversed because the government failed to prove that the company's failure to pay certain account wagering proceeds to state-licensed off-track betting charities violated state law.

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United States v. Norris, No. 05-4366, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 6, 2007, Filed
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Admin. Comm. of the Wal-Mart Stores, Inc. v. Gamboa, No. 06-2285, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 7, 2007, Filed
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Overview: Plan administrator's interpretation--that the terms of the group health plan were contained in both the Plan Wrap Document and the medical section of the Associate Benefits Book, which included a corresponding obligation to reimburse the Plan for judgments or settlements obtained because of an accident--was reasonable under Finley factors.

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United States v. Craft, No. 06-1611, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 7, 2007, Filed
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Overview: A district court's conviction and enhanced sentence were upheld where there was ample record evidence to support both the conviction for witness tampering in violation of 18 U.S.C.S. § 1512 and the sentence enhancement for obstruction of justice under U.S. Sentencing Guidelines Manual § 3C1.1, where defendant hid assets.

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Peterson v. County of Dakota, No. 06-2029, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 8, 2007, Filed
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Overview: Former employee's claims against a county, a union, and various officials under § 1983 and state tort law were properly dismissed because the employee failed to present evidence of malice or bad faith by any individual defendant or to establish a breach of contract by the county and she was given all the procedural process that she was due.

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United States v. Pierce, No. 06-2584, No. 06-2585, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 8, 2007, Filed
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Overview: A district court did not commit error by instructing the jury that it should, rather than may, find each coconspirator vicariously liable for the substantive crimes of the other in furtherance of the conspiracy, charged under 18 U.S.C.S. § 371, pursuant to Pinkerton v. United States. Either term was acceptable.

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