U.S. Court of Appeals for the Tenth Circuit 2000

Decisions

• 2000-12-29In re Viktor KOZENY; Landlocked Shipping Company; Peak House Corporation; Turnstar Limited, Petitioners, 236 F.3d 615
• 2000-12-28UNITED STATES of America, Plaintiff-Appellee, v. $30,006.25 (THIRTY THOUSAND SIX DOLLARS AND 25/100) IN UNITED STATES CURRENCY; $1,951.00 (One Thousand Nine Hundred Fifty-One) Dollars in United States Currency; Chevrolet Corvette 1979 VIN # 1Z8789S449896, One and the Proceeds Thereof; Chevrolet Corvette 1977 VIN # 1Z37L7S421309, One and The Proceeds Thereof; Ford Econoline E-150 Van VIN # 1FDEE14F4EHA92259 One and the Proceeds Thereof, Defendants, Joe Earl Rodgers, Claimant-Appellant, 236 F.3d 610
• 2000-12-27UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Lee MAYNARD, Defendant-Appellant, 236 F.3d 601
• 2000-12-26CITIZENS FOR RESPONSIBLE GOVERNMENT STATE POLITICAL ACTION COMMITTEE; Steve Durham; Phil Pankey; Colorado State Republican Central Committee; Colorado Republicans for Choice, an unincorporated Colorado political committee; Crown Point Communications, Inc., a Colorado corporation; Dorothy S. Wham; William Thiebaut, Jr.; Donna Mullins Good; Colorado Education Association Education Political Action Committee, a Colorado nonprofit corporation, Plaintiffs-Appellees and Cross-Appellants, and Colorado Right To Life Committee, Inc.; Citizens for Responsible Government, Inc.; Libertarian Party of Colorado; Libertarian Party of Denver; Sandra Johnson; Douglas E. Anderson; David Aitken; Fred Greene; Firearms Coalition of Colorado, Inc.; William Pittman; Greg Walerius, Plaintiffs-Cross-Appellants, v. Donetta DAVIDSON, in her official capacity as the Secretary of State for the State of Colorado, Defendant-Appellant and Cross-Appellee; Republican National Committee; Common Cause; League of Women Voters of Colorado; Association of Community Organizations for Reform Now, Colorado Chapter, Amici Curiae. Terry L. Phillips, Plaintiff-Appellee and Cross-Appellant, v. Donetta Davidson, Secretary of State of the State of Colorado, Defendant-Appellant and Cross-Appellee, 236 F.3d 1174
• 2000-12-22Nancy SCULL, as Personal Representative of Little Rock Reed, also known as Timothy Reed, Plaintiff-Appellant, v. State of NEW MEXICO; County of Bernalillo; Michael Sisneros, individually and in his capacity as Director of the Bernalillo County Detention Center; City of Albuquerque; Robert Schwartz, Individually and in his Capacity as District Attorney of Bernalillo County; Tom Udall, Attorney General State of New Mexico, Individually and in his Capacity as Attorney General; Does I through X, Defendants, and Anthony Tupler, individually and in his Capacity as Assistant Attorney General State of New Mexico; Kathryn Marquez; Phillip Cheves; Kathy Silva; Allan Rackstraw, Defendants-Appellees; Nancy Scull, as Personal Representative of Little Rock Reed, also known as Timothy Reed, Plaintiff-Appellant, v. State of New Mexico; County of Bernalillo; Robert Schwartz, Individually and in his Capacity as District Attorney of Bernalillo County; Tom Udall, Attorney General State of New Mexico, Individually and in his Capacity as Attorney General; Anthony Tupler, Individually and in his Capacity as Assistant Attorney General State of New Mexico; Does I through X, Defendants, and Michael Sisneros, Individually and in his capacity as Director of the Bernalillo County Detention Center; City of Albuquerque; Joe Gutierrez; David Sherman, Defendants-Appellees, 236 F.3d 588
• 2000-12-22UNITED STATES of America, Plaintiff-Appellee, v. Melvin Eugene DORRIS, also known as Melvin Eugene Littles, Defendant-Appellant, 236 F.3d 582
• 2000-12-21BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Plaintiff-Appellee, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellant, 19 F. App'x 731
• 2000-12-20Dennis BORGIALLI, Plaintiff-Appellant, v. THUNDER BASIN COAL CO., Atlantic Richfield Co., Thunder Basin Coal Co. L.L.C., Defendants-Appellees, 235 F.3d 1284
• 2000-12-20UNITED STATES of America, Plaintiff-Appellee, v. Anthony Dewayne HISHAW, Defendant-Appellant, 235 F.3d 565
• 2000-12-19Douglas G. DRY; Juanita McConnell; Rosie Burlison, Plaintiffs-Appellants, v. UNITED STATES of America; Bruce Babbitt, in his official capacity as Secretary of Interior; Ada E. Deere, in her official capacity as Assistant Secretary of Interior for Indian Affairs; Jim Fields, in his official capacity as the successor Muskogee Area BIA Director; Perry Proctor, in his official and individual capacities; Dennis Springwater, in his official and individual capacities; Karen Ketcher, in her official and individual capacities; Curtis D. Wilson, in his official capacity as the BIA Contracts Officer; Larry Mings, in his official and individual capacities; Bob Rabon, in his official and individual capacities; Robert L. Rabon, in his official and individual capacities, Kim Reed, in her official and individual capacities; Hoppy Denison, in his official and individual capacities; Bill Barrow in his official and individual capacities; Mike Russell, in his official and individual capacities; Stephen Flowers, in his official and individual capacities; Chris Welch, in his official and individual capacities; Kenneth Johnson, in his official and individual capacities; Blake Johnico, in his official and individual capacities; City of Talihina; Jack England, in his official and individual capacities; Malcomb Wade, in his official and individual capacities; Niky Hibdon, in her official and individual capacities; Lloyd James, in his official and individual capacities; John Wheat, in his official and individual capacities; Naomi O'Daniels, in her official and individual capacity; City of Clayton; Terry Bell, in his official and individual capacities; Rowland Hall, in his official and individual capacities; Mike Van Horn, in his official and individual capacities; Rebecca Johnson, in her official and individual capacities; Darrel Kirkes, in his official and individual capacities; Jimmy Long, in his official and individual capacities, Defendants-Appellees, 235 F.3d 1249
• 2000-12-19Lois Nadean SMITH, Petitioner-Appellant, v. Neville MASSEY, Warden, Oklahoma State Penitentiary, Respondent-Appellee, 235 F.3d 1259
• 2000-12-19Douglas G. DRY; Juanita McConnell; Rosie Burlison, Plaintiffs-Appellants, v. UNITED STATES of America; Bruce Babbitt, in his official capacity as Secretary of Interior; Ada E. Deere, in her official capacity as Assistant Secretary of Interior for Indian Affairs; Jim Fields, in his official capacity as the successor Muskogee Area BIA Director; Perry Proctor, in his official and individual capacities; Dennis Springwater, in his official and individual capacities; Karen Ketcher, in her official and individual capacities; Curtis D. Wilson, in his official capacity as the BIA Contracts Officer; Larry Mings, in his official and individual capacities; Bob Rabon, in his official and individual capacities; Robert L. Rabon, in his official and individual capacities, Kim Reed, in her official and individual capacities; Hoppy Denison, in his official and individual capacities; Bill Barrow in his official and individual capacities; Mike Russell, in his official and individual capacities; Stephen Flowers, in his official and individual capacities; Chris Welch, in his official and individual capacities; Kenneth Johnson, in his official and individual capacities; Blake Johnico, in his official and individual capacities; City of Talihina; Jack England, in his official and individual capacities; Malcomb Wade, in his official and individual capacities; Niky Hibdon, in her official and individual capacities; Lloyd James, in his official and individual capacities; John Wheat, in his official and individual capacities; Naomi O'Daniels, in her official and individual capacity; City of Clayton; Terry Bell, in his official and individual capacities; Rowland Hall, in his official and individual capacities; Mike Van Horn, in his official and individual capacities; Rebecca Johnson, in her official and individual capacities; Darrel Kirkes, in his official and individual capacities; Jimmy Long, in his official and individual capacities, Defendants-Appellees, 235 F.3d 1249
• 2000-12-19Elizabeth PHELAN, Plaintiff-Appellant, v. LARAMIE COUNTY COMMUNITY COLLEGE BOARD OF TRUSTEES; Charles Bohlen; Cheryl W. Porter; John R. Kaiser; Larry Atwell; Donald J. Brown; Tom E. Bauman; Jean Vondrak Brown, in their individual capacity, Defendants-Appellees. Association of Community College Trustees, Amicus Curiae, 235 F.3d 1243
• 2000-12-19UNITED STATES of America, Plaintiff-Appellee, v. Willis Jeffrey KELLY, Defendant-Appellant, 235 F.3d 1238
• 2000-12-19UNITED STATES of America, Plaintiff-Appellee, v. Carless JONES, Defendant-Appellant, 235 F.3d 1231
• 2000-12-19FEDERAL DEPOSIT INSURANCE CORPORATION, as successor to the Resolution Trust Corporation, as receiver for First American Savings Bank, Plaintiff-Appellant, v. Bernard SCHUCHMANN, Defendant-Appellee, and Tara Schuchmann, Defendant, 235 F.3d 1217
• 2000-12-19UNITED STATES of America, Plaintiff-Appellee, v. Devon Wendall BAER, Defendant-Appellant, 235 F.3d 561
• 2000-12-18AG SERVICES OF AMERICA, INC., an Iowa corporation, Plaintiff-Appellee, v. John D. NIELSEN, a/k/a Jack Nielsen and Diamond Hill Farms, Clovis, Inc., a New Mexico corporation, Defendants-Third-Party Plaintiffs-Third-Party Counter-Defendants-Appellants, v. Terry Lundell, Third-Party Defendant-Third-Party Counter-Claimant, 235 F.3d 559
• 2000-12-18Margaret B. FENT; Jerry R. Fent, wife and husband as State of Oklahoma resident taxpayers, State of Oklahoma ex rel., Plaintiffs-Appellants, v. OKLAHOMA WATER RESOURCES BOARD, State of Oklahoma, ex rel.; Water Conservation Storage Commission, State of Oklahoma, ex rel.; J. Ross Kirtley; Richard McDonald; Dick Seybolt; Lonnie Farmer; Grady Grandstaff; Ervin Mitchell; Bill Secrest; Richard Sevenoaks; Wendell E. Thomasson, all as private individuals, and as public board and commission members of the Oklahoma Water Resources Board and Water Conservation Storage Commission; Department Of Defense; United States Department of the Army; United States Army Corps of Engineers, United States of America, ex rel., Defendants-Appellees, 235 F.3d 553
• 2000-12-18Helen INGRAM, Special Administration of the Estate of LaTasha Cherie Ingram, deceased, Plaintiff-Appellant, v. MUSKOGEE REGIONAL MEDICAL CENTER, Defendant-Appellee, and Jay A. Gregory, M.D.; Russell T. Shepheard, M.D.; Berry E. Winn, M .D., P.L.L.C., Defendants, 235 F.3d 550
• 2000-12-16UNITED STATES of America, Plaintiff-Appellee, v. Don Alan KEELING, also known as D.A. Keeling, Defendant-Appellant, 235 F.3d 533
• 2000-12-15UNITED STATES of America, Plaintiff-Appellant, v. William McCALL, Defendant-Appellee, 235 F.3d 1211
• 2000-12-15CREATIVE GIFTS, INC., Fascinations Toys & Gifts, Inc. and William Hones, Plaintiffs-Appellees, v. UFO, Michael Sherlock and Karen Sherlock, Defendants-Appellants, 235 F.3d 540
• 2000-12-15Branford DODOO, Plaintiff-Appellee, v. SEAGATE TECHNOLOGY, INC., a Delaware corporation, Defendant-Appellant, 235 F.3d 522
• 2000-12-15UNITED STATES of America, Plaintiff-Appellee, v. David Blake OSAGE, Defendant-Appellant, 235 F.3d 518
• 2000-12-15UNITED STATES of America, Plaintiff-Appellee, v. Jose BUSTILLOS-MUNOZ, Defendant-Appellant, 235 F.3d 505
• 2000-12-14UNITED STATES of America, Plaintiff-Appellee, v. Gilbert ESPINOZA-SAENZ, Defendant-Appellant, 235 F.3d 501
• 2000-12-13SOUTHWESTERN BELL TELEPHONE COMPANY, Plaintiff-Appellant, v. BROOKS FIBER COMMUNICATIONS OF OKLAHOMA, INC.; Brooks Fiber Communications of Tulsa, Inc.; Ed Apple, Chairman; Bob Anthony; Denise Bode (in their official capacities as commissioners of the Oklahoma Corporation Commission); Oklahoma Corporation Commission, Defendants-Appellees, 235 F.3d 493
• 2000-12-12Gerald Frank PLUNK, Plaintiff-Appellant, v. Trudy GIVENS, Lee Green, Defendants-Appellees, 234 F.3d 1128
• 2000-12-11Don SIGMON, Plaintiff-Appellant, v. COMMUNITYCARE HMO, INC., an Oklahoma Corporation, doing business as Community Care Behavioral Health Services EAP; Mitchell Godi, an Individual, Defendants-Appellees, 234 F.3d 1121
• 2000-12-07Samuel A. SMITH, Plaintiff-Appellee and Cross-Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellant and Cross-Appellee, 236 F.3d 1168
• 2000-12-07Gary Ray PRESTON, Petitioner-Appellant, v. Gary GIBSON, Warden; Attorney General of the State of Oklahoma, Respondents-Appellees, 234 F.3d 1118
• 2000-12-05Shayne PADILLA, by and through her legal guardians and next friends Michelle PADILLA and Mariano Padilla, Plaintiff-Appellee, v. SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER, COLORADO; Denver School District Board of Education; Jean Boggs, individually and in her official capacity as employee of School District No. 1 in the City and County of Denver, Defendants, and Patrice Hall; Cynthia Rose; Maria Diaz; Jeannie Hayes, individually and in their official capacities as employees of School District No. 1 in the City and County of Denver, Defendants-Appellants, Legal Center for People with Disabilities and Older People; Colorado Developmental Disabilities Planning Council; National Association of Protection and Advocacy Systems; Center for Law and Education; Tash; The Association for Community Living in Boulder County, Inc.; Arc of Denver; Arc of Adams County; Arc of Arapahoe & Douglas Counties; Arc of Colorado; Arc of the United States; Nami Colorado; National Alliance for the Mentally Ill; Rocky Mountain Children's Law Center; National School Boards Association; Colorado Association of School Boards, Amici Curiae, 233 F.3d 1268
• 2000-12-05UNITED STATES of America, Plaintiff-Appellee, v. Gavin E. ALLEN, a/k/a Gerald E. Allen, a/k/a Andrew Johnson, Defendant-Appellant, 235 F.3d 482
• 2000-12-04Kenneth F. NUCKOLS, Petitioner-Appellant, v. Gary L. GIBSON, Respondent-Appellee, 233 F.3d 1261
• 2000-12-04In re Donald H. ALBRECHT, Debtor. Pachulski, Stang, Ziehl, & Young, P.C., Movant-Appellant, 233 F.3d 1258
• 2000-12-04In re Donald H. ALBRECHT, Debtor. Pachulski, Stang, Ziehl, & Young, P.C., Movant-Appellant, 233 F.3d 1258
• 2000-12-01UNITED STATES of America, Plaintiff-Appellee, v. Joseph Santana CONCHA, Defendant-Appellant, 233 F.3d 1249
• 2000-12-01Charles F. ADAMS; Marion E. Adams; Edward Yenkinson; Alan Watts; Gertrude Nicholson; Benjamin Friedman; Edward J. Lackner; Alice Gallaher; Donald Gallaher; Donald Safer; Alan Watts Pension Plan and Trust; Edward J. Lackner Individual Retirement Account; Casework Systems, Inc. Profit Sharing Plan and Trust, Plaintiffs-Appellants, v. AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, Defendant-Appellee, 233 F.3d 1242
• 2000-11-30Jimmy SINAJINI, Bill Joe Sinajini, Joe Lee Begay, and Herbert Begay, minors, through their parents and/or guardian, Lena Begay; Cecil Vijil, Shirley Vijil, Clara Lameman, through their parent and/or guardian, Leona Vijil; Holly Nez, Howard Nez, and Hannah Nez, minors, through their parent and/or guardian, Marion Nez; Gilbert Rockwell and Linda Rockwell, minors, through their parent and/or guardian, Lena Rockwell; Edith Bigman, Juanita Bigman, and Dorothy Bigman, minors, through their parent and/or guardian, Seth Bigman; Anthony Dee, minor, through his parent and/or guardian, Gray Dee; Howard Holiday and Peter Holiday, minors, through their parent and/or guardian, Teddy Holiday; Harold Vijil, Alfred Vijil, minors, through their parent and/or guardian, Tully Vijil; Ferrell Collins, Sherril Collins, and llene Collins, minors, through their parent and/or guardian, Martha Collins; Sarah Billy and Brenda Billy, minors, through their parent and/or guardian, John Billy; Leroy Atcitty; Patricia Dennison, a minor, through her parents Tom Den-nison and Arlene Dennison; Jimmy Goodman, Jr. and Gilbert Woodman, minors, through their parents and/or guardians, Lucy Goodman and Jimmy Goodman; Elaine Williams and Lo-rinda Williams, minors, through their parent and/or guardian, Mary Ann Williams; the Red Mesa Chapter of the Navajo Tribe; and the Oljato Chapter of the Navajo Tribe, Plaintiffs-Appellants, and United States of America; Navajo Nation, Aneth Chapter; Natasha Livingston; Dawny Clark, Nathan Clark, and Latoya Clark, minors, through their parent and/or guardian, Sherrill Clark, Plaintiffs-Intervenors, v. BOARD OF EDUCATION OF THE SAN JUAN SCHOOL DISTRICT; David Adams, Maxine Nielson, Harold Lyman, Tom Holiday, and Robert Billie, all individually and as members of the Board of Education of the San Juan School District; Kenneth Mau-ghan, individually and as Superintendent of the San Juan School District; the San Juan County Commission; Dale Holmes, individually and as Chairman of the San Juan County Commission; William G. Dunow, and Case E. Broderick, individually and as commissioners of the San Juan County Commission; Utah State Board of Education, Defendants-Appellees, 233 F.3d 1236
• 2000-11-30Douglas CAMPBELL, Kevin Wilkerson, Richard Adams, Joseph M. Buersmeyer, Karen Roberts, and Norma-Jean Nicole Lingen, Plaintiffs-Appellees, v. Donnetta DAVIDSON, in her official capacity as Secretary of State for the State of Colorado, Defendant-Appellant, 233 F.3d 1229
• 2000-11-29Virginie GSCHWIND, in her own right and administratrix of the estate of Cyril Gschwind and Alexandra Gschwind, Plaintiff-Appellant, v. CESSNA AIRCRAFT COMPANY; Pratt & Whitney Canada, Inc., Defendants-Appellees, 232 F.3d 1342
• 2000-11-28UNITED STATES of America, Plaintiff-Appellee, v. Jack Eugene METZGER, Jr., Defendant-Appellant, 233 F.3d 1226
• 2000-11-27Orla LYBROOK, Plaintiff-Appellant, v. The MEMBERS OF THE FARMINGTON MUNICIPAL SCHOOLS BOARD OF EDUCATION, Gena Baker, Jake Valdez, Gayle Dean, James Gipson and George Sharpe, Candace K. Young, Principal, Tom Sullivan, Superintendent, Dr. Annette Moorehead, Director of Elementary Education, Floyd Kurley, Director of Personnel, in their official and individual capacities, Defendants-Appellees, 232 F.3d 1334
• 2000-11-24UNITED STATES of America, Plaintiff-Appellee, v. Ruben MARTINEZ-VILLALVA, a/k/a Ruben Martinez-Villalba, a/k/a Alfredo Martinez-Rodriguez, a/k/a Oscar Martinez-Villalba, Defendant-Appellant, 232 F.3d 1329
• 2000-11-22UNITED STATES of America, Plaintiff-Appellant, v. Juan ORTEGA-JIMENEZ; Armando Ortega-Jimenez, Defendants-Appellees, 232 F.3d 1325
• 2000-11-21Edward TYLER, Plaintiff-Appellee, v. RE/MAX MOUNTAIN STATES, INC., Defendant-Appellant, 232 F.3d 808
• 2000-11-20Vergie BURKS, Plaintiff-Appellee, v. Kenneth S. APFEL, Commissioner, Social Security Administration, Defendant-Appellant, 233 F.3d 1220
• 2000-11-20UNITED STATES of America, Plaintiff-Appellee, v. John Garland CRYAR, Defendant-Appellant, 232 F.3d 1318
• 2000-11-16UNITED STATES of America, Plaintiff-Appellee, v. Johnny Ray GARCIA, Defendant-Appellant, 232 F.3d 1309