|
Oregon Lawyer Search - Listings for Bell Loren Atty at Law
Name: Bell Loren Atty at Law
Address: 273 N Grant St Canby, OR 97013
Phone Number: 503-266-3456
|
Specialties:
|
Personal Injury & Property Damage Law
|
|
|
|
Cases related to this attorney's specialties:
USCA10 Opinion 04-8084.wpd FILED United States Court of Appeals Tenth Circuit August 16, 2005 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT RUDY STANKO, individually and on behalf of similarly situated cattle traders, Plaintiff - Appellant, No. 04-8084 v. JIM MAHAR, individually and in his official capacity, Defendant - Appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING (D.C. No. 04-CV-03-B) Submitted on the briefs: Rudy Stanko, Gordon, Nebraska, Plaintiff-Appellant, Pro se. Patrick J. Crank, Attorney General, John W. Renneisen, Deputy Attorney General, Misha Westby, Senior Assistant Attorney General, David L. Delicath, Assistant Attorney General, Office of the Attorney General, Cheyenne, Wyoming for Defendant-Appellee. Before LUCERO, McKAY, and ANDERSON, Circuit Judges. McKAY, Circuit Judge. Plaintiff Rudy Stanko, proceeding pro se, appeals from the district court's order granting summary judgment to defendant Jim Maher(1) on Mr. Stanko's complaint alleging violations of his constitutional rights.(2) We affirm the entry of summary judgment in favor of Mr. Maher.(3) FACTS Mr. Stanko is a resident of Gordon, Nebraska who operates as a stock owner and drover in Fremont, Natrona, and Teton Counties, Wyoming. Mr. Maher is a brand inspector employed by the State of Wyoming Livestock Board (Board). (1) The case caption spells Mr. Maher's name "Mahar" but it appears that the correct spelling is "Maher." (2) Mr. Stanko's complaint recites that it is brought pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Bivens creates a remedy for violations of constitutional rights committed by federal officials acting in their individual capacities. Mr. Maher is a state brand inspector. Therefore, this action arises, if at all, pursuant to 42 U.S.C. 1983 rather than Bivens. (3) After examining the briefs and appellate record, this panel has determined unanimous...
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT -* EARL C. MCDANIELS, Plaintiff-Appellant, v.No. 01-2086 UNITED STATES OF AMERICA, Defendant-Appellee. -* -* RANDOLPH F. LOVETT, Plaintiff-Appellant, v.No. 01-2087 UNITED STATES OF AMERICA, Defendant-Appellee. -* -* ALTON E. BROWN, JR., Plaintiff-Appellant, v.No. 01-2088 UNITED STATES OF AMERICA, Defendant-Appellee. -* Appeals from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, District Judge. (CA-00-1482-4-12, CA-00-2053-4-12, CA-00-2054-4-12) Argued: May 7, 2002 Decided: July 29, 2002 Before WILKINSON, Chief Judge, and NIEMEYER and LUTTIG, Circuit Judges. Affirmed by published opinion. Judge Niemeyer wrote the majority opinion, in which Chief Judge Wilkinson joined. Judge Luttig wrote a dissenting opinion. _ COUNSEL ARGUED: Keith Moss Babcock, LEWIS, BABCOCK & HAW- KINS, L.L.P., Columbia, South Carolina, for Appellants. John Berk- ley Grimball, II, Assistant United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: James H. Renfrow, Jr., Dillon, South Carolina, for Appellants. J. Strom Thurmond, Jr., United States Attorney, Columbia, South Carolina, for Appellee. _ OPINION NIEMEYER, Circuit Judge: The Secretary of Agriculture denied the applications of farmers Earl McDaniels, Randolph Lovett, and Alton Brown for livestock disaster relief because each farmer's 1997 gross revenue exceeded $2.5 million, making him ineligible for assistance under applicable Department of Agriculture regulations. In this action, brought under the Administrative Procedure Act, the farmers challenge these regula- tions, contending that they are arbitrary and capricious because gross revenue is defined to include pass-through funds - in this case, sales of bailment tobacco - in which the farmers had no interest. The district court held that the applicable regulations were "reason- ab...
|
|
|