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   Federal Courts - Federal Circuit Court of Appeals - March 8, 2007

  
Am. Capital Corp. v. FDIC, 05-5150, 05-5152, 05-5159, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 8, 2007, Decided , March 8, 2007, Filed
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Am. Capital Corp. v. FDIC, 05-5150, 05-5152, 05-5159, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 8, 2007, Decided , March 8, 2007, Filed
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Amend v. MSPB, 2006-3420, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 8, 2007, Decided
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Overview: Former federal employee, who served as ATF inspector for less than year after serving as immigration inspector, was precluded from appealing termination since positions of ATF inspector and immigration inspector were not same or similar within meaning of 5 U.S.C.S. § 7511(a)(1)(B), and thus employee did not have continuous employment for over year.

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Brown & Pipkins, LLC v. United States, 2007-5061, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 8, 2007, Decided , March 8, 2007, Filed
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Christiana Indus., Inc. v. Empire Elecs., Inc., 2006-1596, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 8, 2007, Decided , March 8, 2007, Filed
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Harris v. United States, 20 06-5137, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 8, 2007, Decided
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Immersion Corp. v. Sony Computer Entm't Am., Inc., 2006-1354, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 8, 2007, Decided , March 8, 2007, Filed
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McZeal v. Fastmobile, Inc., 2006-1439, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 8, 2007, Decided , March 8, 2007, Filed
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Overview: Appellee did not waive its objection to personal jurisdiction (PJ) by filing a motion to dismiss under Fed. R. Civ. P. 12(b)(6), after having moved to dismiss for lack of PJ. Since no discovery was requested in trial court on question of PJ, appellant could not complain on appeal that discovery should have been allowed before motion was decided.

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New Generation Devices, Inc. v. Slocum Enters., Inc., 06-1137, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 8, 2007, Decided , March 8, 2007, Filed
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Smith v. United States, 2007-5008, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 8, 2007, Decided
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Overview: The United States Court of Federal Claims lacked subject matter jurisdiction to hear an allegedly illegal rebate scheme imposed by the Morale, Welfare and Recreation (MWR) Office upon its travel contractor, because the MWR was a nonappropriated fund instrumentality, and outside jurisdiction under 28 U.S.C.S. §§ 1491 and 2517.

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