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   Federal Courts - DC Circuit Court and Court of Appeals - April 21, 2006

  
Anyanwutaku v. Am. Fed. Sav. Bank, No. 04-7197, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 21, 2006, Filed
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Asemani v. Rice, No. 05-5331, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 21, 2006, Filed
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Asemani v. Rice, No. 05-5331, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 21, 2006, Filed
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Overview: District court properly granted motion to dismiss or, in alternative, for summary judgment because court lacked subject matter jurisdiction; court could not make declaration of nationality pursuant to 8 U.S.C.S. § 1503 if, as was the case here, nationality was in issue in any removal proceeding. Appointment of counsel was also denied.

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Bancoult v. McNamara, No. 05-5049, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 21, 2006, Decided
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Overview: A district court's dismissal of claims by residents of the Chagos Archipelago against the United States and government officials was affirmed because the court lacked subject matter jurisdiction under the political question doctrine to hear their claims arising from the creation of a military installation on Diego Garcia in the Indian Ocean.

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Bellsouth Telecomms., Inc. v. FCC, No. 05-1032 Consolidated with 05-1117, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 21, 2006, Filed
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Brick Indus. Ass'n v. EPA, No. 03-1142 Consolidated with 03-1202, 03-1203, 06-1013, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 21, 2006, Filed
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Overview: In a review proceeding of a decision of the Environmental Protection Agency, any association that was seeking review had to establish its standing, where standing was not self-evident, at the first appropriate point in the proceeding. In cases where no motion was filed, the association was required to address the issue in its opening brief.

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Consol. Edison Co. of N.Y., Inc. v. Bodman, No. 05-5089, Consolidated with 05-5090 and 05-5223, No. 05-7009, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 21, 2006, Decided
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Overview: Attorney's suit against government in own name enjoyed no EAJA waiver; he was not party to underlying suits. As claims against beneficiaries of crude oil pricing refunds were not against government, sovereign immunity was inapplicable. Litigation did not play sufficient role in generating "common funds" in one case not barred by sovereign immunity.

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United States v. Harris, No. 05-3117, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 21, 2006, Filed
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United States v. Mathis, No. 05-3129, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 21, 2006, Filed
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United States v. Thomas, No. 04-3068, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, April 21, 2006, Filed
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