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Indiana Lawyer Search - Listings for Baggerly Stewart K
Name: Baggerly Stewart K
Address: 205 N College Ave Bloomington, IN 47404
Phone Number: 812-330-9690
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Specialties:
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Dui And Traffic Law
Criminal Trial
Immigration Naturalization & Customs Law
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Cases related to this attorney's specialties:
USCA6 Opinion 03a0319p.06 RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2003 FED App. 0319P (6th Cir.) File Name: 03a0319p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _ H.C. MacClaren, Inc., Petitioner, v. United States Department of Agriculture, Respondent. No. 02-3006 On Appeal from an Order of the Secretary, United States Department of Agriculture. No. D-99-0012. Argued: June 11, 2003 Decided and Filed: September 4, 2003 Before: MOORE and GIBBONS, Circuit Judges; SCHWARZER, Senior District Judge.(*) _ COUNSEL ARGUED: Stephen P. McCarron, McCARRON & DIESS, Washington, D.C., for Petitioner. Stephen M. Reilly, OFFICE OF GENERAL COUNSEL, UNITED STATES DEPARTMENT OF AGRICULTURE, Washington, D.C., for Respondent. ON BRIEF: Stephen P. McCarron, McCARRON & DIESS, Washington, D.C., for Petitioner. Stephen M. Reilly, OFFICE OF GENERAL COUNSEL, UNITED STATES DEPARTMENT OF AGRICULTURE, Washington, D.C., for Respondent. _ OPINION _ JULIA SMITH GIBBONS, Circuit Judge. Petitioner H.C. MacClaren, Inc. (MacClaren), a wholesale produce broker, appeals a final order of the Secretary of Agriculture revoking its license pursuant...
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 & ...
SIERRA CLUB v. SEABOARD FARMS, INC. FILED United States Court of Appeals 1000 Tenth Circuit OCT 28 2004 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT SIERRA CLUB, Plaintiff-Appellant, v. No. 03-6104 SEABOARD FARMS INC. and SEABOARD CORPORATION, Delaware corporations, and SHAWNEE FUNDING LIMITED PARTNERSHIP, a Delaware partnership, Defendants-Appellees. TYSON FOODS INC., Amicus Curiae. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA (D.C. NO. CIV-00-997-C) Barclay B. Rogers (Patrick Gallagher and David Bookbinder with him on the briefs), Sierra Club, San Francisco, CA, for Appellant. Ellen B. Steen (Richard E. Schwartz and Kirsten L. Nathanson with her on the brief), Crowell & Moring LLP, Washington, DC, for Appellee. Judith A. Villines, Stites & Harbison, PLLC, Frankfort, Kentucky, and Laura D. Keller, James W. Taylor, and W. Blaine Early, Stites & Harbison, PLLC, Lexington, Kentucky on the brief for Amicus Curiae. Before HENRY, BRISCOE, and HARTZ, Circuit Judges. HENRY, J., Sierra Club, Inc. appeals from the district court's grant of summary judgment to the defendants, Seaboard Farms Inc., Seaboard Corporation, and Shawnee Funding Limited Partnership (together, "Seaboard"), who own and operate a pig-farming operation in western Oklahoma. This case turns on the meaning of the word "facility" as used in the Comprehensive Environmental Response, Compensation, and Liability Act's section 103(a) ("CERCLA"), 42 U.S.C. 9603(a). CERCLA's Section 103(a) sets out various reporting requirements for the release of hazardous substances from a facility; here we focus on the ammonia emissions from Appellee's concentrated animal feeding operation located in western Oklahoma. CERCLA's statutory definition of this term is somewhat turbid, but, when read with other provisions nearby, is unambiguous. The district court found that the term "facility" should be narrowly construed so as to apply to each individ...
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