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Oregon Lawyer Search - Listings for Wehmeyer Richard L Atty
Name: Wehmeyer Richard L Atty
Address: 344 NW 6th St Corvallis, OR 97330
Phone Number: 541-757-7545
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Specialties:
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Adoption, Divorce & Family Law
Criminal Trial
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Cases related to this attorney's specialties:
LAMPE v. WILLIAMSON FILED United States Court of Appeals 1000 Tenth Circuit JUN 3 2003 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT In re: DONALD R. LAMPE and SHELIA L. LAMPE, Debtors. DONALD R. LAMPE and SHELIA L. LAMPE, Appellees, v. No. 02-3221 DARCY D. WILLIAMSON, Chapter 7 Trustee, Appellant, and IOLA BANK & TRUST CO. KANSAS BANKERS ASSOCIATION, Amicus Curiae. APPEAL FROM THE UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE TENTH CIRCUIT (B.A.P. No. KS-01-007) Submitted on the briefs: Darcy D. Williamson, Trustee, Topeka, Kansas, for the Appellant. William E. Metcalf, Metcalf & Justus, Topeka, Kansas, for the Appellees. Anne L. Baker, Wright, Henson, Somers, Sebelius, Clark & Baker, LLP, Topeka, Kansas, filed an Amicus Curiae Brief on behalf of Kansas Bankers Association in Support of Appellant. Before LUCERO, BALDOCK, and O'BRIEN, Circuit Judges. BALDOCK, Circuit Judge.(1) Debtors Donald and Shelia Lampe are husband and wife farmers who filed for Chapter 7 bankruptcy. The Lampes each claimed as exempt from the bankruptcy estate $7500 worth of farm equipment as "tools of the trade" under the applicable Kansas exemption statute. The Trustee objected to Shelia Lampe's claim, arguing she did not have a sufficient ownership interest in the farm equipment to claim the exemption. The United States Bankruptcy Court for the District of Kansas agreed with the Trustee, and held Shelia Lampe could not claim the exemption. The Lampes appealed. The United States Bankruptcy Appellate Panel of the Tenth Circuit (BAP) reversed, holding Shelia Lampe was entitled to the "tools of the trade" exemption. The Trustee appeals, arguing Shelia Lampe does not have an ownership interest in the farm equipment. The Trustee (1) After examining the briefs and the appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral ar 1000 gument. See Fed. R. App. P. 34(f). The case therefore is...
HILLSIDE DAIRY INC. et al. v. LYONS, SECRETARY, CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE, et al. certiorari to the united states court of appeals for the ninth circuit No. 01-950. Argued April 22, 2003-Decided June 9, 2003* In most of the country, but not California, the minimum price paid to dairy farmers producing raw milk is regulated pursuant to federal marketing orders, which guarantee a uniform price for the producers, but through pooling mechanisms require the processors of different classes of dairy products to pay different prices. California has adopted a similar, although more complex, program to regulate the minimum prices paid by California processors to California producers. Three state statutes create California's milk marketing structure: 1935 and 1967 Acts establish milk pricing and pooling plans, while a 1947 Act governs the composition of milk products sold in the State. Under the state scheme, California processors of fluid milk pay a premium price (part of which goes into a price equalization pool) that is higher than the prices paid to producers. During the 1990's, it became profitable for some California processors to buy raw milk from out-of-state producers. In 1997, the California Department of Food and Agriculture amended its regulations to require contributions to the price equalization pool on some out-of-state purchases. Petitioners, out-of-state dairy farmers, brought these suits, alleging that the 1997 amendment unconstitutionally discriminates against them. Without reaching the merits, the District Court dismissed both cases. The Ninth Circuit affirmed, holding, inter alia, that a 1996 federal statute immunized California's milk pricing and pooling laws from Commerce Clause challenge, and that the individual petitioners' Privileges and Immunities Clause claims failed because the 1997 amendment did not, on its face, create classifications based on any individual's residency or citizenship. Held: 1. California's milk pric...
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