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   Federal Courts - 9th Circuit Court of Appeals - February 21, 2007

  
Lopez v. Musinorte Entm't Corp., No. 05-15486, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2007, Filed
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Overview: Evidence of recording agreements and a trademark application was sufficient to create a genuine issue of material fact about whether a drummer and other band member defendants associated as co-owners of a business for profit pursuant to Ariz. Rev. Stat. §§ 29-1001(11) and 29-1012(A) (2007). Summary judgment was reversed.

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Milligan v. Scribner, No. 05-55820, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2007, Filed
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Overview: District court properly concluded that 28 U.S.C.S. § 2254 habeas petition was untimely because petitioner was not entitled to equitable tolling based on his claim of inadequate library resources at a prison, as he failed to show a causal link between the library's limitations and the six and one-half year delay in the filing of his habeas petition.

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Rodriguez v. 2525 Ocean Park Blvd., LLC (In re Rodriguez), No. 04-57142, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2007, Filed
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United States v. E.F.B., No. 05-30459, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2007, Filed
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United States v. Gonzales, No. 06-30035, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2007, Filed
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United States v. McCray, No. 05-50488, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2007, Filed
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Zaffina v. Twentieth Century Fox Film Corp., No. 05-55245, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2007, Filed
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Overview: District court retained jurisdiction over claims that were preempted under § 301 of LMRA, 29 U.S.C.S. § 185(a), and remanded non-preempted claims to state court. District court never issued final judgment as to preempted claims; thus, plaintiff did not appeal from final judgment under 28 U.S.C.S. § 1291, and court lacked jurisdiction over appeal.

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