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   Federal Courts - DC Circuit Court and Court of Appeals - May 15, 2007

  
Khan v. Parsons Global Servs., No. 07-7063, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 15, 2007, Filed
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McDermott v. United States PTO, No. 06-1367, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 15, 2007, Filed
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Menkes v. Dep't of Homeland Sec., No. 05-5382, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 15, 2007, Decided
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Overview: If the Coast Guard read its regulations to give preference to a pilotage pool's members, it would conflict with 46 U.S.C.S. § 9304, which stated the pools were voluntary, but absent any interpretation, dismissal of an independent pilot's claim of APA and First and Fifth Amendment violations was reversed, and remand to the agency was ordered.

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Potts v. Howard Univ. Hosp., No. 07-7015, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 15, 2007, Filed
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Sibley v. Breyer, No. 07-5009, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 15, 2007, Filed
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Overview: Appellant's claim that appellees, judges and Justices of the Supreme Court, acted in the absence of jurisdiction upon not disqualifying themselves pursuant to 28 U.S.C.S. § 455 and the Ninth Amendment was insufficient to deprive the judges and Justices of immunity, as the decision whether to recuse was in itself a judicial act.

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United States v. Van Bryson, No. 05-3212, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 15, 2007, Decided
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Overview: Defendant's restitution of $ 30,338.90 for his violation of 18 U.S.C.S. §§ 2 and 1035 was affirmed since, inter alia, the district court could rely on the testimony of a trained Medicare fraud investigator, and the district court did not err by relying on the government's restitution figure as the district court carefully explained its analysis.

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W. Area Power Admin. v. FERC, No. 04-1090 Consolidated with 04-1092, 04-1095, 06-1362, 06-1370, 06-1371, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 15, 2007, Filed
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