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Vermont Lawyer Search - Listings for French Walter G Atty
Name: French Walter G Atty
Address: 114 Main St Brattleboro, VT 05301
Phone Number: 802-254-9000
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Cases related to this attorney's specialties:
USA v HART IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 01-60304 _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RODALTON HART Defendant-Appellant. _ Appeal from the United States District Court for the Southern District of Mississippi (Jackson Division) _ June 12, 2002 Before KING, Chief Judge, and REAVLEY and WIENER Circuit Judges. WIENER, Circuit Judge: Defendant-Appellant Rodalton Hart ("Rodalton") appeals his conviction by a jury for violations of 18 U.S.C. § 1014 ("§ 1014") and 18 U.S.C. § 201(b)(1)(B) ("§ 201(b)(1)(B)"). We conclude that the United States's ("the government's") "summary" witness did far more than summarize previously-presented evidence, and that, when the summary witness's testimony and accompanying documentary evidence is redacted, the remaining evidence is insufficient to prove the government's case against Rodalton beyond a reasonable doubt. We therefore reverse Rodalton's conviction, vacate his sentence, and remand the case for a new trial. I. Facts and Proceedings Rodalton has been a resident and family farmer in Holmes County, Mississippi for most of his life. After his graduation from Jacksonville State University in 1972, he returned to Holmes County to help his father run the family farm. In addition to helping his father, Rodalton started his own farm, gradually expanding his operation from thirteen acres - cultivating row crops and raising cattle - to several thousand acres by the mid-1980s. His success in farming was among the factors that led Mike Espy, who was Secretary of Agriculture at the time, to appoint Rodalton as one of Espy's advisors. In 1993, Rodalton and his brothers, who were also involved in farming, formed five separate partnerships, hoping to run their farming operations more efficiently by sharing labor, land, and equipment, and thereby maximize their income. Among the partnerships were R & C Farms (Rodalton and his wife, Carmella), and C & ...
PACHECO v. WHITING FARMS INC. FILED United States Court of Appeals 1000 Tenth Circuit APR 30 2004 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT VERONICA PACHECO, Plaintiff-Appellant, v. No. 03-1170 WHITING FARMS, INC.; THOMAS WHITING, individually; and N. LYLE JOHNSTON, individually, Defendants-Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO (D.C. No. 01-RB-851 (CBS)) Submitted on the briefs:(1) Patricia L. Medige, Colorado Legal Services, Denver, Colorado, for Plaintiff-Appellant. Sam D. Starritt and Michael C. Santo, Dufford, Waldeck, Milburn & Krohn, LLP, Grand Junction, Colorado, for Defendants-Appellees. Before SEYMOUR, BALDOCK, and LUCERO, Circuit Judges. (1) After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case therefore is ordered submitted without oral argument. BALDOCK, Circuit Judge. Plaintiff Veronica Pacheco sued Defendants Whiting Farms Inc. and its controlling owners alleging they failed to pay her overtime wages and terminated her employment in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-219. FLSA generally requires employers to pay their employees one and one-half times the employee's regular rate of pay (overtime) for each hour worked in excess of forty hours during any given week. 29 U.S.C. 207(a)(1). FLSA's overtime wage requirements do not apply, however, "with respect to . . . any employee employed in agriculture[.]" Id. 213(b)(12). FLSA also prohibits retaliation against an employee because she engaged in protected activity under the Act. Id. 215(a)(3). The parties filed cross-motions for summary judgment. The district court granted Defendants' motion for summary judgment, holding Defendants were not required to pay Plaintiff overtime wages under FLSA's "agricultural...
FINER FOODS INC v. AGRI In the United States Court of Appeals For the Seventh Circuit No. 01-4024 Finer Foods, Inc., Petitioner, v. United States Department of Agriculture, Respondent. Petition for Review of an Order of the Department of Agriculture Under the Perishable Agricultural Commodities Act Submitted December 7, 2001-Decided December 11, 2001 Before Bauer, Easterbrook, and Williams, Circuit Judges. Easterbrook, Circuit Judge. Finer Foods, Inc., seeks a stay pending judicial review of an administrative order suspending its license to operate as a dealer under the Perishable Agricultural Commodities Act, 7 U.S.C. sec.sec. 499a- 499s. The Department of Agriculture offers two jurisdictional defenses. First, it contends, the court lacks personal juris diction over the Department because the petition for review was forwarded to federal officials in Washington, D.C., by fax rather than by mail, as the Hobbs Act requires. See 28 U.S.C. sec.2344. Second, it asserts, the court lacks subject- matter jurisdiction because there is no "final" administrative order. See 28 U.S.C. sec.2342(2). Both of these contentions are frivolous. We are surprised and disappointed that they have been advanced by counsel for the federal government. (We add for the sake of completeness that all three lawyers whose names appear on the papers work for the Department of Agriculture; the Department of Justice apparently has allowed the agency to represent itself.) Once a private party files a petition for review, this court's Clerk must serve the federal agency by registered mail (return receipt requested). In light of the disruptions to the postal system caused by terrorist activity in recent months, the Clerk has begun to forward papers by fax in addition to mail. Naturally the fax copy arrives first, for it is not delayed by any security screening procedures. Why should this step deprive the court of personal jurisdiction over the Department? In this case, notice was sent by mail ...
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