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

  
Avula v. Comm'r, No. 06-2146, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2007, Filed
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Overview: Commissioner of Internal Revenue was properly allowed to collect on taxpayers' interest liability, as the taxpayers were barred under 26 U.S.C.S. § 6330(c)(2)(B) from challenging their underlying tax liability at a collection due process hearing; they had been given notice and an opportunity to dispute the underlying liability.

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Brown v. Sanders, No. 05-3980, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2007, Filed
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Carrington v. City of Des Moines, No. 06-1801, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2007, Filed
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Overview: The grant of summary judgment to the employer on the retaliation claims under Iowa Code § 216.11(2) and 42 U.S.C.S. § 2000e-3(a) was affirmed; the employee didn't present the employer with a statement alleging "harassment" and "retaliation" until after the employer began investigating his job performance and after the pre-disciplinary hearing.

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Shields v. USPS, No. 06-2004, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2007, Filed
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Stewart v. Indep. Sch. Dist. No. 196, No. 06-1870, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2007, Filed
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Overview: The grant of summary judgment to the employer on the employee's claims under the anti-retaliation provisions of the ADEA and ADA was affirmed because the employee's attempt to compress the six-month gap in time failed because her interaction with the employer continued throughout the six months.

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United States v. Andes, No. 05-4394, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2007, Filed
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United States v. Pegues, No. 06-2187, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2007, Filed
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United States v. Poe, No. 06-2513, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2007, Filed
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Overview: Defendant's appeal from a judgment revoking his supervised release was remanded back to the district court for further development of the record. Defendant had challenged validity of Fed. R. Crim. P. 32.1(c)(2)(A) waiver, which resulted in change of his supervised release terms. District court had not made findings or ruled as to waiver's validity.

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Whitebox Convertible Arbitrage Partners, L.P. v. IVAX Corp., No. 06-2622, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2007, Filed
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Overview: Corporation that issued convertible notes under an indenture agreement was not obligated to pay investors a make-whole premium for converted notes because the agreement provided for such a premium only upon conversion within a 30-day period after the corporation announced a merger and the investors admittedly converted their notes pre-merger.

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Ziemski v. Ziemski (In re Ziemski), No. 06-2041, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2007, Filed
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