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US Circuit Court of Appeals
8th Circuit Case Summaries

2004/06/02

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FINDLAW DAILY OPINION SUMMARIES - June 02, 2004
U.S. 8TH CIRCUIT COURT OF APPEALS
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TABLE OF CONTENTS

CIVIL PROCEDURE
* MILLER v. SPEACIAL WEAPONS, LLC

CIVIL RIGHTS, FAMILY LAW
* BURTON v. RICHMOND

CONTRACTS, LANDLORD TENANT LAW
* FORTUNE FUNDING v. CERIDIAN CORP.

CRIMINAL LAW & PROCEDURE, SENTENCING
* US v. WINGATE

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CIVIL PROCEDURE

MILLER v. SPEACIAL WEAPONS, LLC, No. 03-3322 (8th Cir. June 02,
2004)
Lower court decision was not final for appellate purposes because a
counterclaim was still pending in the district court at the time the
appeal was filed.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.findlaw.com/data2/circs/8th/033322p.pdf

CIVIL RIGHTS, FAMILY LAW

BURTON v. RICHMOND, No. 03-2487 (8th Cir. June 02, 2004)
Division of Family Services employees were entitled to immunity on
claims their failure to conduct a background check or act to remove
children following allegations of sexual abuse violated plaintiffs'
civil rights.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.findlaw.com/data2/circs/8th/032487p.pdf

CONTRACTS, LANDLORD TENANT LAW

FORTUNE FUNDING v. CERIDIAN CORP., No. 02-4031 (8th Cir. June 02,
2004)
Lessee was obligated to return the property in the same condition it
received it as the beginning of the lease, and it was not obligated
to make repairs caused by ordinary wear on the office tower.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.findlaw.com/data2/circs/8th/024031p.pdf

CRIMINAL LAW & PROCEDURE, SENTENCING

US v. WINGATE, No. 03-2242 (8th Cir. June 02, 2004)
Violent Crime Control and Law Enforcement Act of 1994 did not
prohibit the enhancement of sentences of persons age 18 to 20, and
the Sentencing Commission did not exceed its authority in imposing
enhancement if a person 18 or older uses a person under the age of
18 to commit the offense.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.findlaw.com/data2/circs/8th/032242p.pdf

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