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   Federal Courts - DC Circuit Court and Court of Appeals - June 16, 2006

  
AFGE, Local 12 v. FLRA, No. 05-1466, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 16, 2006, Filed
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Amiri v. Sheraton Operating Corp., No. 05-7130, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 16, 2006, Filed
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Burlington Northern & Santa Fe Ry. v. STB, No. 05-1030, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 16, 2006, Decided
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Overview: Surface Transportation Board's heavy reliance of the company's stand-alone railroad upon cross-over traffic was not arbitrary and capricious where the Board's explanation for its decision to allow cross-over traffic as a simplifying mechanism was both reasonable and intelligibly explained in accordance with 49 U.S.C.S. § 10101(15).

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Chehalis Power Generating, LLC v. FERC, No. 06-1055, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 16, 2006, Filed
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Cota v. United States Supreme All Courts, No. 06-5024, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 16, 2006, Filed
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Covad Communs. Co. v. FCC, No. 05-1095, Consolidated with 05-1100, 05-1101, 05-1108, 05-1110, 05-1122, 05-1130, 05-1133, 05-1137, 05-1224, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 16, 2006, Decided
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Overview: FCC properly implemented unbundling provisions of Telecommunications Act of 1966 by unbundling network elements for switches, transport trunks, and local loops because FCC, offering reasoned explanation, found impairment where it would be uneconomic for reasonably efficient competitive local exchange carrier to compete without unbundled elements.

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Engine Mfrs. Ass'n v. EPA, No. 01-1129 Consolidated with 02-1080, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 16, 2006, Filed
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Engine Mfrs. Ass'n v. EPA, No. 00-1066, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 16, 2006, Filed
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Fashion Valley Mall, LLC v. NLRB, No. 04-1411 Consolidated with 05-1027, 05-1039, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 16, 2006, Filed
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Fashion Valley Mall, LLC. v. NLRB, No. 04-1411. Consolidated with 05-1027 & 05-1039, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, June 16, 2006, Decided
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Overview: Where no California court had squarely decided whether a shopping center owner could lawfully ban from its premises speech of union members urging the public to boycott a tenant, the court certified the question to the California Supreme Court in order to determine whether the owner had in fact violated 29 U.S.C.S. § 158(a)(1) of the NLRA.

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