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Summary: 30 F.3d 1001 146 L.R.R.M. (BNA) 2986, 63 USLW 2132, 128 Lab.Cas. The collective bargaining agreement between Group Health and Local 12 contained a union security clause: 3 All Employees of the Employer subject to the terms of this Agreement shall, as a condition of continued employment, become and remain members in good standing in the Union, and all such Employees subsequently hired shall make application and become members of the Union within thirty-one (31) days. Instead, Local 12 advised Blo......read more.


Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-1200 ___________ Dennis W. Cain, * * Appellant, * * Appeal from the United States v. * District Court for the ......read more.






Summary: 457 F.2d 453 Verlie D. NICCUM, Appellant, v. FARMERS COOPERATIVE ELEVATOR COMPANY OF GILTNER, NEBRASKA, Appellee. Niccum was employed to manage the affairs and operations of appellee's grain elevator in Giltner, Nebraska, and did such until his resignation upon request on October 16, 1965. 1 Appellee's cross-examination of Niccum was directed exclusively to certain acts of negligence by Niccum alleged in appellee's counterclaim for damages resulting from grain deterioration and shortage.2 11 ***......read more.


Summary: 133 F.3d 612 Henry E. PARRISH; Yvonne L. Parrish, Plaintiffs-Appellants, v. Donald MALLINGER; Richard Larkin; Crispus Nix, Defendants-Appellees. 1 Iowa inmate Henry Parrish and his wife Yvonne brought this damage action under 42 U.S.C. § 1983 against three prison officials for seizing funds that came into Parrish's inmate account to satisfy his obligations under the Iowa Victim Restitution Act, Iowa Code ch. The district court1 initially granted summary judgment to one defendant, Richard Larkin,......read more.


Summary: 178 F.3d 988, John C. REED, Appellant, v. ULS CORPORATION, et al., Appellees. 5 Appellant, John Reed, appeals the District Court's grant of summary judgment on his claim of negligence against appellee, ULS Corporation (ULS). As Reed was walking down the vessel's gangway, a step on the gangway gave way causing Reed to fall and injure himself.2 6 On appeal, Reed argues that there are genuine issues of material fact that preclude summary judgment and that considering the facts in the light most fav......read more.


Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-2388 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Northern ......read more.






Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 96-3979 ___________ United States of America, * * Appellant, * * Appeal from the United States v. * District Court for the ......read more.


Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-2326 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the ......read more.


Summary: 894 F.2d 299 58 USLW 2440, 15 Fed. 2d 593 (1989).3 In Finley, the Supreme Court held that the Federal Tort Claims Act (FTCA) authorizes suit only against the United States and not against other parties as to whom no independent basis of federal jurisdiction exists--so-called "pendent parties." 2d 276 (1976), that a federal court may exercise pendent party jurisdiction only after determining "that Congress in the statutes conferring jurisdiction has not expressly or by implication negated its exi......read more.


Summary: United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2074 ___________________________ Catrina Johnson lllllllllllllllllllllPlaintiff - Appellee v. City of Minneapolis, a government entity and political subdivision of the State of Minnesota; Robert He......read more.


Summary: 141 F.3d 1256 56 Soc.Sec.Rep.Ser. Briggs v. Callahan, 139 F.3d 606, 607-08 (8th Cir.1998); Young ex rel Trice v. Shalala, 52 F.3d 200, 201-02 (8th Cir.1995). Briggs, 139 F.3d at 608. The Commissioner argues that the ALJ did not have to accept the lone IQ score of 69 as valid, citing Gwathney v. Chater, 104 F.3d 1043, 1044-45 (8th Cir.1997) (holding claimant was not disabled where her alleged severe mental impairment, evidenced by IQ scores in the 60's, was inconsistent with her intellectual acti......read more.


Summary: 31 F.3d 709 John McILHERAN, Conservator for Shirley Parke, a Protected Person, Plaintiff/Appellant, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, a corporation, Defendant/Appellee. LINCOLN NATIONAL LIFE INSURANCE COMPANY, Counter-Claimant/Appellee, v. John McILHERAN, Counter-Defendant/Appellant. 1 In this diversity action involving the enforceability of an insurance policy under Nebraska law, John McIlheran, as conservator for Shirley Parke, appeals from the district court's1 order granting summar......read more.


Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 04-3883 ___________ Edgar Jose Rodriguez-Cuate, * * Petitioner, * * On Petition for Review of v. * the Decision of the Board ......read more.


Summary: 171 F.3d 1177 79 Fair Empl. See Nitschke v. McDonnell Douglas Corp., 68 F.3d 249, 251 (1995); Fed.R.Civ.P. See Cramer v. McDonnell Douglas Corp., 120 F.3d 874, 876 (8th Cir.1997). See Nitschke, 68 F.3d at 252 n. 3. See Hutson v. McDonnell Douglas Corp., 63 F.3d 771, 781 (8th Cir.1995) (unless intentional discrimination is involved, court does not review the wisdom or fairness of business judgments).