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   Federal Courts - 8th Circuit Court of Appeals - April 27 - May 1, 2007

  
Cox v. Sugg, No. 06-2311, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 27, 2007, Filed
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Overview: University president and others were entitled to qualified immunity from the student's 42 U.S.C.S. § 1983 claims because she submitted insufficient evidence that any of these defendants acted on behalf of the university with the requisite culpability to cause the violation by a professor of the student's right to be free from sexual harassment.

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Ferguson v. United States, No. 06-1774, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 27, 2007, Filed
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Overview: Executive was authorized to sign checks and disburse corporate funds, and had the authority to pay the airline's excise taxes without the board of director's approval; thus, he was properly found to be responsible person under 26 U.S.C.S. § 6672, despite the executive's allegations that the board ordered him not to pay the taxes.

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White v. Riverview Sch. Dist., No. 05-2920, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 27, 2007, Filed
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Overview: Defendants were properly granted summary judgment as to a former school employee's Title VII and 42 U.S.C.S. § 12112(a) discrimination claims. Employee did not rebut legitimate, nondiscriminatory reasons proffered by defendants for employment decisions or show that she was disabled or that she could perform essential functions of her custodial job.

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Otter Tail Power Co. v. Surface Transp. Bd., No. 06-1962/06-2412, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 1, 2007, Filed
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Overview: Power company waived its challenge to the test applied by the Surface Transportation Board to determine whether the rate charged by the railroad was reasonable under 49 U.S.C.S. § 10701(a) because the company's arguments lacked the required forceful presentation necessary to give the railroad and the Board adequate notice.

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United States v. Mills, No. 06-2306, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 1, 2007, Filed
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United States v. Wilson, No. 06-1765, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 1, 2007, Filed
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Overview: The court enforced an appeal waiver in defendant's plea agreement because the record reflected that defendant understood and voluntarily accepted the terms of the plea agreement, including the appeal waiver, and there was no support for a contention that the government breached the plea agreement.

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