EBEL, Circuit Judge. Defendant-Appellant Christopher Edwards ("Edwards") appeals his conviction and sentence for armed robbery in violation of 18 U.S.C. 2113(a), (d). The district court denied Edwards' motion to suppress certain evidence obtained by the police immediately following his arrest on the grounds that Edwards' warrantless arrest was supported by probable cause and the subsequent search of bags stored in his companion's rental vehicle was a search incident to that arrest. Edwards...
258 F.3d 1191 (10th Cir. 2001) QWEST CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION; UNITED STATES OF AMERICA, Respondents, AT&T CORP. ("AT&T"); RURAL TELEPHONE COALITION; VERMONT DEPARTMENT OF PUBLIC SERVICE; STATE OF CALIFORNIA AND THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA; THE MAINE PUBLIC UTILITIES COMMISSION ("MAINE"); PUERTO RICO TELEPHONE COMPANY, INC.; WORLDCOM, INC., formerly known as MCI WORLDCOM, INC.; BELL ATLANTIC-DELAWARE, INC.; BELL ATLANTIC-...
256 F.3d 1024 (10th Cir. 2001) CUSTER COUNTY ACTION ASSOCIATION; NATIONAL AIRSPACE COALITION; OPEN SPACE ALLIANCE; THE WILDERNESS SOCIETY; BOARD OF DIRECTORS OF MOFFAT CONSOLIDATED SCHOOL DISTRICT NO. 2; CUSTER COUNTY AIRPORT AUTHORITY; FREMONT COUNTY AIRPORT; THE BOARD OF THE TOWN OF CRESTONE; THE BOARD OF COUNTY COMMISSIONERS OF CUSTER COUNTY; THE BOARD OF COUNTY COMMISSIONERS OF FREMONT COUNTY, COLORADO; THE BOARD OF COUNTY COMMISSIONERS OF SAGUACHE COUNTY, COLORADO; THE SPIRITUAL LIFE...
245 F.3d 1143 (10th Cir. 2001) RYSZARD KOWALCZYK, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 99-9541 UNITED STATES COURT OF APPEALS TENTH CIRCUIT April 6, 2001 PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS. (No. Ape-rgj-mcc)[Copyrighted Material Omitted] John S. Castellano, Holland & Hart LLP, Denver, Colorado, for the petitioner. Anthony C. Payne, Attorney, Office of Immigration Litigation (David V. Bernal, Assistant Director, Office of...
237 F.3d 1216 (10th Cir. 2001) JOSE G. TAPIA GARCIA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 99-9540 UNITED STATES COURT OF APPEALS TENTH CIRCUIT January 19, 2001 PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS. (INS No. Awi-qtx-tpq) Michael A. Walker, Walker & Associates, P.C., Denver, Colorado, appearing for Petitioner. Marion E. Guyton, Trial Attorney (Richard M. Evans, Assistant Director, with him on the brief), Office of Immigration...
UNITED STATES COURT OF APPEALS TENTH CIRCUIT MJ METAL PRODUCTS, INC., Petitioner, v. Nos. 99-9533 & 99-9538 NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. No. 00-9507 MJ METAL PRODUCTS, INC., Respondent. ORDER Filed October 3, 2001 Before EBEL and HENRY, Circuit Judges, and ROGERS, District Judge.* The National Labor Relations Board’s motion to publish our order and judgment * The Honorable Richard D. Rogers, District Judge for the District of Kansas,...
267 F.3d 1059 (10th Cir. 2001) MJ METAL PRODUCTS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MJ METAL PRODUCTS, INC., Respondent. Nos. 99-9533 & 99-9538, 00-9507 UNITED STATES COURT OF APPEALS TENTH CIRCUIT July 10, 2001 Order Published October 10, 2001 ON PETITION FOR REVIEW, CROSS-APPLICATION FOR ENFORCEMENT AND APPLICATION FOR ENFORCEMENT OF THE ORDERS OF THE NATIONAL LABOR RELATIONS BOARD (Nos. 27-CA-15523, 27-CA-15549, 27-...
236 F.3d 1255 (10th Cir. 2001) MORRIS H. KULMER and KERN W. SCHUMACHER, Petitioners, v. SURFACE TRANSPORTATION BOARD and UNITED STATES OF AMERICA, Respondents, and ROARING FORK RAILROAD HOLDING AUTHORITY, Intervenor. No. 99-9525 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT January 8, 2001 ON PETITION FOR REVIEW OF A DECISION OF THE SURFACE TRANSPORTATION BOARD. (STB Docket No. AB-547X) Thomas F. McFarland, Jr., of McFarland & Herman, Chicago, Illinois, for Petitioners. Marilyn R. Levitt,...
242 F.3d 1213 (10th Cir. 2001) ARAPAHOE COUNTY PUBLIC AIRPORT AUTHORITY, a political subdivision of the State of Colorado, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent, CITY OF GREENWOOD VILLAGE, Intervenor. REGIONAL AIRLINE ASSOCIATION, Amicus Curiae. No. 99-9508 UNITED STATES COURT OF APPEALS TENTH CIRCUIT March 09, 2001 Appeal from the Federal Aviation Administration[Copyrighted Material Omitted][Copyrighted Material Omitted] Brian A. Magoon (Ronald S. Loser with him on the...
249 F.3d 994 (10th Cir. 2001) EBERL'S CLAIM SERVICE, INC., PETITIONER - APPELLANT, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT - APPELLEE. No. 99-9033 UNITED STATES COURT OF APPEALS TENTH CIRCUIT May 4, 2001 Appeal from the United States Tax Court (T.C. No. 12385-97)[Copyrighted Material Omitted] Mark R. Kravitz (Joseph A. Sanfilippo, Jr., Wiggin & Dana, New Haven, Connecticut and John D. Moats, Englewood, Colorado, with him on the briefs), Wiggin & Dana, New Haven, Connecticut, for the...
243 F.3d 1212 (10th Cir. 2001) K. RICHARD KEELER, PETITIONER - APPELLANT, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT - APPELLEE. No. 99-9032 UNITED STATES COURT OF APPEALS TENTH CIRCUIT March 13, 2001 Appeal from the United States Tax Court T.C. No. 8648-93[Copyrighted Material Omitted] Matthew D. Lerner, Steptoe & Johnson Llp, Washington, D.C., for the Petitioner-Appellant. Donald B. Tobin (Kenneth L. Greene with him on the brief), Department of Justice, Tax Division, Washington, D.C.,...
243 F.3d 1254 (10th Cir. 2001) ESTATE OF EVELYN M. McMORRIS, Deceased; JERRY D. McMORRIS, Personal Representative, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. No. 99-9031 UNITED STATES COURT OF APPEALS TENTH CIRCUIT March 20, 2001 Appeal from United States Tax Court. (No. 1969-95)[Copyrighted Material Omitted] Kevin L. Brown, Jones & Keller, P.C. (Edward T. Lyons, Jr., and M. Brian Cavanaugh, Jones & Keller, P.C.; John R. Wilson and Peter J. Perla, Steiner,...
236 F.3d 1239 (10th Cir. 2001) THOMAS H. SCOTT and LYNN D. SCOTT, Transferees, Petitioners - Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent - Appellee. No. 99-9018 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT January 4, 2001 APPEAL FROM THE UNITED STATES TAX COURT. (T.C. No. 5245-95) Thomas G. Hodel of Doussard Hodel & Markman, P.C., Lakewood, Colorado, for Petitioners-Appellants. Joel McElvain, Attorney (Ann B. Durney, Attorney, with him on the brief), Tax Division,...
F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS FEB 26 2001 FOR THE TENTH CIRCUIT PATRICK FISHER Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 99-8099 (D.C. No. 97-CV-1026-B) RONALD J. CESTNIK, (D. Wyo.) Defendant-Appellant. ORDER AND JUDGMENT * Before BRORBY , PORFILIO , and MURPHY , Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs...
F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS SEP 5 2001 FOR THE TENTH CIRCUIT PATRICK FISHER Clerk DAVID A. YALOWIZER and JOE YALOWIZER, Plaintiffs-Appellants, v. Nos. 99-8098 00-8047 THE TOWN OF RANCHESTER, (D.C. No. 98-CV-1063-B) WYOMING, by and through BRAD (D. Wyo.) LANKA, in his official capacity and by and through the MEMBERS OF THE TOWN COUNCIL, in their official capacity, and THE TOWN OF RANCHESTER BOARD OF ADJUSTMENT, Defendants-Appellees. ORDER...
265 F.3d 1109 (10th Cir. 2001) ROY LEE ENGBERG, Petitioner-Appellant, v. STATE OF WYOMING, and WYOMING ATTORNEY GENERAL, Respondents-Appellees. No. 99-8092 UNITED STATES COURT OF APPEALS TENTH CIRCUIT September 12, 2001 Appeal from the United States District Court for the District of Wyoming (D.C. No. 95-CV-144-D) [Copyrighted Material Omitted] Martin J. McClain, Brooklyn, New York, for Petitioner-Appellant. Hugh L. Kenny, Senior Assistant Attorney General, Office of the Wyoming Attorney...
242 F.3d 967 (10th Cir. 2001) LORRAINE "JADE" MCKENZIE, PLAINTIFF - APPELLANT, v. DAVID DOVALA, IN HIS OFFICIAL CAPACITY AS SHERIFF OF NATRONA COUNTY, DEFENDANT - APPELLEE. No. 99-8084 U.S. Court of Appeals, Tenth Circuit March 13, 2001 Appeal from the United States District Court for the District of Wyoming (D.C. No. 98-CV-289-D) Bernard Q. Phelan, Cheyenne, Wyoming, for the Plaintiff-Appellant. Peter J. Young (Judith A.W. Studer with him on the brief), Schwartz, Bon, Walker & Studer, Casper,...
254 F.3d 1168 (10th Cir. 2001) JOSEPH E. NALDER and MICHELLE NALDER, individually and as parents and natural guardians for Blake A. Nalder, Plaintiffs - Appellants, v. WEST PARK HOSPITAL; RAND E. FLORY, M.D.; CHARLES E. JAMIESON, M.D., Defendants - Appellees. No. 99-8081 UNITED STATES COURT OF APPEALS TENTH CIRCUIT June 12, 2001 Appeal from the United States District Court for the District of Wyoming (D.C. No. 98-CV-52-J)[Copyrighted Material Omitted] Roy A. Jacobson, Jr. (R. Daniel Fleck and...
259 F.3d 1244 (10th Cir. 2001) COALITION FOR SUSTAINABLE RESOURCES, INC., A COLORADO NON-PROFIT CORPORATION, PLAINTIFF-APPELLANT v. UNITED STATES FOREST SERVICE, DEPARTMENT OF AGRICULTURE; ANN M. VENEMAN, SECRETARY OF THE U.S. DEPARTMENT OF AGRICULTURE; UNDERSECRETARY OF AGRICULTURE FOR NATURAL RESOURCES, UNITED STATES DEPARTMENT OF AGRICULTURE; DALE BOSWORTH, UNITED STATES FOREST SERVICE CHIEF FORESTER; RICK CABLES, UNITED STATES FOREST SERVICE REGIONAL FORESTER, ROCKY MOUNTAIN REGION; MARY H....
239 F.3d 1183 (10th Cir. 2001) RONALD J. CRUZ, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THOMAS C. CRUZ, PLAINTIFF-APPELLEE, v. CITY OF LARAMIE, WYOMING; BONNIE NOEL, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS OFFICER, LARAMIE POLICE DEPARTMENT; RICHARD D. MICHEL, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS OFFICER, LARAMIE POLICE DEPARTMENT; TROY JENSEN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS OFFICER, LARAMIE POLICE DEPARTMENT; BEN FRITZEN, INDIVIDUALLY AND IN HIS OFFICIAL...
