Volume 84

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Federal Reporter (F.3d)

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Theodore Whitmore Stanley Kevin Barber, Minor, by His Father and Next Friend Jesse Barber Patrick Barber, Minor, by His Father and Next Friend Jesse Barber Bryan Barber, Minor, by His Father and Next Friend Jesse Barber Lurlean Bess MacK Minor, by J.W. MacK Her Grandfather and Next Friend Brian Franklin, Minor, by His Mother and Next Friend Joyce Franklin Jay Franklin, Minor, by His Mother and Next Friend Joyce Franklin United States of America v. Darlington County School District, a Public Body Corporate v. The State of South Carolina the Department of Education for the State of South Carolina the Board of Education for the State of South Carolina William P. Beckham, Iii, in Official Capacity as Member of the State Board of Education Samuel M. Greer, in Official Capacity as Member of the State Board of Education Joseph Peeler Stabler, Colonel, in Official Capacity as Member of the State Board of Education Cleveland Sellars, in Official Capacity as Member of the State Board of Education Austin Floyd, in Official Capacity as Member of the State Board of Education Julian B. Wright, in Official Capacity as Member of the State Board of Education Brenda K. Vernon, in Official Capacity as Member of the State Board of Education Earl Bostick, Sr., in Official Capacity as Member of the State Board of Education Maxie Duke, in Official Capacity as Member of the State Board of Education Laura M. Fleming, in Official Capacity as Member of the State Board of Education Frank M. Hart, in Official Capacity as Member of the State Board of Education Beth Pinson, in Official Capacity as Member of the State Board of Education W. Gregory Horton, in Official Capacity as Member of the State Board of Education Robert W. Owen, in Official Capacity as Member of the State Board of Education Ruby Matthews, in Official Capacity as Member of the State Board of Education Celia Gettys, in Official Capacity as Member of the State Board of Education Thomas E. McInville in Official Capacity as Member of the State Board of Education David M. Beasley, in His Official Capacity as Governor of the State of South Carolina Barbara S. Nielsen, in Her Official Capacity as State Superintendent of Education for the State of South Carolina, and David M. Beasley, in His Official Capacity as Chairman of the State Budget and Control Board South Carolina Budget and Control Board Grady L. Patterson, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina Earle E. Morris, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina James M. Waddell, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina William D. Boan, in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina, Theodore Whitmore Stanley Kevin Barber, Minor, by His Father and Next Friend Jesse Barber Patrick Barber, Minor, by His Father and Next Friend Jesse Barber Bryan Barber, Minor, by His Father and Next Friend Jesse Barber Lurlean Bess MacK Minor, by J.W. MacK Her Grandfather and Next Friend Brian Franklin, Minor, by His Mother and Next Friend Joyce Franklin Jay Franklin, Minor, by His Mother and Next Friend Joyce Franklin United States of America v. Darlington County School District, a Public Body Corporate v. The State of South Carolina the Department of Education for the State of South Carolina the Board of Education for the State of South Carolina William P. Beckham, Iii, in Official Capacity as Member of the State Board of Education Samuel M. Greer, in Official Capacity as Member of the State Board of Education Joseph Peeler Stabler, Colonel, in Official Capacity as Member of the State Board of Education Cleveland Sellars, in Official Capacity as Member of the State Board of Education Austin Floyd, in Official Capacity as Member of the State Board of Education Julian B. Wright, in Official Capacity as Member of the State Board of Education Brenda K. Vernon, in Official Capacity as Member of the State Board of Education Earl Bostick, Sr., in Official Capacity as Member of the State Board of Education Maxie Duke, in Official Capacity as Member of the State Board of Education Laura M. Fleming, in Official Capacity as Member of the State Board of Education Frank M. Hart, in Official Capacity as Member of the State Board of Education Beth Pinson, in Official Capacity as Member of the State Board of Education W. Gregory Horton, in Official Capacity as Member of the State Board of Education Robert W. Owen, in Official Capacity as Member of the State Board of Education Ruby Matthews, in Official Capacity as Member of the State Board of Education Celia Gettys, in Official Capacity as Member of the State Board of Education Thomas E. McInville in Official Capacity as Member of the State Board of Education David M. Beasley, in His Official Capacity as Governor of the State of South Carolina Barbara S. Nielsen, in Her Official Capacity as State Superintendent of Education for the State of South Carolina, and David M. Beasley, in His Official Capacity as Chairman of the State Budget and Control Board South Carolina Budget and Control Board Grady L. Patterson, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina Earle E. Morris, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina James M. Waddell, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina William D. Boan, in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina

Date Filed:
Citations: 84 F.3d 707, 35 Fed. R. Serv. 3d 644, 1996 U.S. App. LEXIS 12244
Docket Number: 95-1827

James Christopher Dahl, and Ronald L. Shugart v. City of Huntington Beach Ron Lowenberg, Chief of Police Charles Conlosh, Officer Individually and as an Officer of the Huntington Beach Police Department John Cottriel, Officer Individually and as an Officer of the Huntington Beach Police Department E. Krause, Individually and as an Officer of the Huntington Beach Police Department Officer Rand, Individually and as an Officer of the Huntington Beach Police Department, James Christopher Dahl, and Ronald L. Shugart v. City of Huntington Beach Ron Lowenberg, Chief of Police Charles Conlosh, Officer Individually and as an Officer of the Huntington Beach Police Department John Cottriel, Officer Individually and as an Officer of the Huntington Beach Police Department E. Krause, Individually and as an Officer of the Huntington Beach Police Department Officer Rand, Individually and as an Officer of the Huntington Beach Police Department

Date Filed:
Citations: 84 F.3d 363, 34 Fed. R. Serv. 3d 1585, 96 Cal. Daily Op. Serv. 3747, 1996 U.S. App. LEXIS 11925
Docket Number: 94-55971

Labarre v. Shepard

Date Filed:
Citations: 84 F.3d 496, 1996 WL 272230, 1996 U.S. App. LEXIS 12242
Docket Number: 95-2095

McHenry v. Renne

Date Filed:
Citations: 84 F.3d 1172, 1996 WL 277442
Docket Number: No. 94-15179

Andrew Gottlieb, and Jean Gottlieb, Individually and as the Natural Parents of Infants Dawn Gottlieb and Lee Gottlieb v. The County of Orange, Orange County Department of Social Services, Esther Coppola, in Her Individual Capacity and in Her Official Capacity as an Employee of the County of Orange and the Orange County Department of Social Services and Linda E. Douthert, in Her Individual Capacity and in Her Official Capacity as a Supervisory Employee of the County of Orange and the Orange County Department of Social Services, Todd Zeltman, New York State Trooper, in His Individual Capacity

Date Filed:
Citations: 84 F.3d 511, 1996 U.S. App. LEXIS 12331
Docket Number: 852

Frances Hankins v. The Gap, Inc.

Date Filed:
Citations: 84 F.3d 797, 5 Am. Disabilities Cas. (BNA) 924, 1996 WL 279575, 1996 U.S. App. LEXIS 12307
Docket Number: 95-5243

Cynthia J. McNeill Formerly Known as Cynthia J. Franke v. William E. Franke, Doing Business as Gannon Partnership 19, L.P. Gannon Partnership 19, L.P. Kevin W. Kelly Pentad Properties, Inc., Formerly Known as Kemmons Wilson Properties, Inc., Doing Business as St. Louis Associates Limited Partnership, Formerly Known as St. Louis Associates, Ltd. St. Louis Associates Limited Partnership, Formerly Known as St. Louis Associates, Ltd. Phillip J. Paster Department of Housing and Urban Development, Agent Jack Kemp West Pointe Limited Partnership Northwest Village Limited Partnership Grandview Hills Limited Partnership Park Ridge Apartments Limited Partnership Lamplite Limited Partnership

Date Filed:
Citations: 84 F.3d 1010, 1996 U.S. App. LEXIS 12309
Docket Number: 95-1235

Henri Bagdadi, D.B.A. Languavision v. Jose Nazar Hispanic-American Educational Materials, Inc., D.B.A. Lexicon School of Languages Lexicon Institute, Inc. Lexicon Sales Corp. Linguex, Usa, a Colorado Corporation Linguex International Limited, a British Virgin Islands Corporation and Linguex Washington Dc, a District of Columbia Joint Venture

Date Filed:
Citations: 84 F.3d 1194, 38 U.S.P.Q. 2d (BNA) 1900, 96 Daily Journal DAR 6143, 96 Cal. Daily Op. Serv. 3776, 1996 U.S. App. LEXIS 12319
Docket Number: 94-56588

Jobin v. McKay

Date Filed:
Citations: 84 F.3d 1330
Docket Number: Nos. 94-1087, 94-1097

United States v. Dorrough

Date Filed:
Citations: 84 F.3d 1309, 1996 WL 281571, 1996 U.S. App. LEXIS 12351
Docket Number: 95-7098

United States v. Raposa

Date Filed:
Citations: 84 F.3d 502, 1996 WL 274592, 1996 U.S. App. LEXIS 12332
Docket Number: 95-2088

United States v. Tagalicud

Date Filed:
Citations: 84 F.3d 1180, 96 Daily Journal DAR 6140, 96 Cal. Daily Op. Serv. 3785, 1996 U.S. App. LEXIS 12320
Docket Number: Nos. 95-10201 to 95-10204

Bagdadi v. Nazar

Date Filed:
Citations: 84 F.3d 1194, 1996 WL 280005
Docket Number: No. 94-56588

United States v. Clark

Date Filed:
Citations: 84 F.3d 506, 1996 WL 276432, 1996 U.S. App. LEXIS 12562
Docket Number: 95-2308

Lynda Brooks Verna Hobson Geraldine Bavaro Harriet Eaton Jane Doe and Richard Doe, as Parents and Guardians Of, Respectively, Michael Brooks Theresa Hobson Lisa Bavaro Jill Eaton John Doe and Rachel Roe v. Rudolph W. Giuliani, as Mayor of the City of New York Marva Livingston Hammons, as Commissioner of the New York City Human Resources Administration, Child Welfare Administration and New York City, George E. Pataki, as Governor of the State of New York Thomas A. Maul, as Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities James L. Stone, as Commissioner of the New York State Office of Mental Health and Brian J. Wing, as Acting Commissioner of the New York State Department of Social Services

Date Filed:
Citations: 84 F.3d 1454, 1996 U.S. App. LEXIS 12584
Docket Number: 1421

Yourman v. Dinkins

Date Filed:
Citations: 84 F.3d 655
Docket Number: Nos. 1537, 1772, Dockets 95-7561, 95-7610XAP

Jordan v. Jones

Date Filed:
Citations: 84 F.3d 729, 1996 WL 279361
Docket Number: 95-40488

Brooks v. Giuliani

Date Filed:
Citations: 84 F.3d 1454, 1996 WL 285441
Docket Number: No. 1421, Docket 95-9178

Harold Yourman, Ralph Bishop, William H. Dworkin, Frederick Ewald, John L. Henderickson, Richard Krepela, Robert P. McCarthy Frank Meyer, Anthony Punzi, and Ronald L. Savitt, on Behalf of Themselves and All Other Employees Similarly Situated, Plaintiffs-Appellees-Cross-Appellants v. David N. Dinkins, as Mayor of the City of New York, the New York City Housing Authority, the Board of Education of the City of New York, the City School District of the City of New York, and the New York City Health and Hospitals Corporation, Defendants-Appellants-Cross-Appellees

Date Filed:
Citations: 84 F.3d 655, 3 Wage & Hour Cas.2d (BNA) 524, 1996 U.S. App. LEXIS 12544
Docket Number: 1772

William M. Nicastro v. Janet Reno

Date Filed:
Citations: 84 F.3d 1446, 3 Wage & Hour Cas.2d (BNA) 526, 318 U.S. App. D.C. 72, 1996 U.S. App. LEXIS 12860
Docket Number: 95-5152

Weller v. Citation Oil & Gas Corp.

Date Filed:
Citations: 84 F.3d 191, 70 Fair Empl. Prac. Cas. (BNA) 1625, 1996 U.S. App. LEXIS 13457
Docket Number: 94-20439

The South Florida Water Management District, New Farm Inc. v. Juan Montalvo, Chemairspray, Inc., Chemspray, Inc., Glades Formulating Corp., Defendants-Third Party Ciba-Geigy Corp., Du Pont (e.i.) De Nemours & Co., Monsanto Co., Rohm & Hass Co., Coca-Cola Co., Griffin Corp., Sherwin-Williams Co., Boyton (j.t.) Farms, Inc., Camayen Cattle Co., Gulf & Western Inc., Hatton Bros., Inc., Robert (C) Hatton, Manatee Plantations, Inc., Sod Co., Seminole Sugar Corp., Sugar Cane Growers, Corp., Tailisman Sugar Corp., Trucane Sugar Corp., United Cane Cooperation Assoc., Hercules Inc., Camayen Farms Co., Double D Properties Inc., Defendants-Third-Party the South Florida Water Management District, New Farm Inc. v. Juan Montalvo, Chemairspray, Inc., Chemspray, Inc., Glades Formulating Corp., Defendants-Third-Party Ciba-Geigy Corp., Du Pont (e.i.) De Nemours & Co., Monsanto Co., Rohm & Hass Co., Defendants-Third-Party Coca-Cola Co., Defendant-Third-Party Griffin Corp., Sherwin-Williams Co., Boyton (j.t.) Farms, Inc., Camayen Cattle Co., Gulf & Western Inc., Hatton Bros., Inc., Robert (C) Hatton, Manatee Plantations, Inc., Sod Co., Seminole Sugar Corp., Sugar Cane Growers, Corp., Tailisman Sugar Corp., Trucane Sugar Corp., United Cane Cooperation Assoc., Hercules Inc., Camayen Farms Co., Double D Properties Inc., Defendants-Third-Party

Date Filed:
Citations: 84 F.3d 402
Docket Number: 94-4397

Smith v. Jackson

Date Filed:
Citations: 84 F.3d 1213
Docket Number: Nos. 94-55355, 94-55616 and 94-55617

O'Connor v. Consolidated Coin Caterers Corp.

Date Filed:
Citations: 84 F.3d 718, 68 Empl. Prac. Dec. (CCH) 44,085, 70 Fair Empl. Prac. Cas. (BNA) 1628, 1996 WL 295148, 1996 U.S. App. LEXIS 13342
Docket Number: 94-1214

State of Alabama, State of Alabama Ex Rel. James H. Evans, Attorney General, Plaintiffs-Appellants-Cross-Appellees v. United States Department of the Interior, Minerals Management Service, Defendants-Appellees-Cross-Appellants, Manuel Lujan, Jr., Scott Sewell, Oxy USA Inc., Defendant-Intervenor-Appellee-Cross-Appellant, Exploration Mobil Oil Exploration & Producing Southeast, Inc., Conoco, Inc., Texaco Exploration and Production, Inc., Intervenors-Appellees-Cross-Appellants, Agip Petroleum Company, Inc., Intervenor

Date Filed:
Citations: 84 F.3d 410, 1996 U.S. App. LEXIS 13322
Docket Number: 94-6657

Robert Smith, AKA Robert Austin Reynaud D. Jones Clifford Rubin v. Michael Jackson Mijac Music Joseph Jackson Lionel Richie Rod Temperton Rodsongs USA for Africa Foundation, AKA United Support of Artists for Africa Warner Brothers Publications, Inc. Columbia Pictures Publication Brockman Music Almo Publications Warner-Tamerlane Publishing Co. Cbs, Inc. Quincy Jones Mjj Productions, Inc., Robert Smith, AKA Robert Austin Reynaud D. Jones Clifford Rubin v. Michael Jackson and Rod Temperton Robert Smith, AKA Robert Austin Reynaud D. Jones Clifford Rubin v. Michael Jackson Mijac Music Joseph Jackson Lionel Richie USA for Africa Foundation, AKA United Support of Artists for Africa Warner-Tamerlane Publishing Corp. Warner Bros. Publications, Inc. Quincy Jones Mjj Productions, Inc. Sony Records, Successor-In-Interest to CBS Records, Inc.

Date Filed:
Citations: 84 F.3d 1213, 39 U.S.P.Q. 2d (BNA) 1026, 96 Daily Journal DAR 6511, 96 Cal. Daily Op. Serv. 4023, 1996 U.S. App. LEXIS 13327
Docket Number: 94-55355

The Fort Belknap Indian Community of the Fort Belknap Indian Reservation v. State of Montana, Robert L. Robinson, Individually and as Administrator, Gambling Control Division, Department of Justice, State of Montana Stan Stephens, Individually and as Governor, State of Montana Marc Racicot, Individually and as Attorney General, State of Montana

Date Filed:
Citations: 84 F.3d 1222, 96 Daily Journal DAR 6607, 96 Cal. Daily Op. Serv. 4075, 1996 U.S. App. LEXIS 13482
Docket Number: 94-35126

Isenbergh v. Knight-Ridder Newspaper Sales, Inc.

Date Filed:
Citations: 84 F.3d 1380, 69 Empl. Prac. Dec. (CCH) 44,278, 71 Fair Empl. Prac. Cas. (BNA) 1484, 1996 WL 277071, 1996 U.S. App. LEXIS 13807
Docket Number: No. 94-4769

Miles v. Chater

Date Filed:
Citations: 84 F.3d 1397, 1996 WL 277103, 1996 U.S. App. LEXIS 13812
Docket Number: 95-6117
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