|
Iowa Lawyer Search - Listings for Thomas William D Atty
Name: Thomas William D Atty
Address: 666 Walnut St Des Moines, IA 50309
Phone Number: 515-288-2500
|
Specialties:
|
Patent Trademark & Copyright Law
Immigration Naturalization & Customs Law
Intellectual Property
|
|
|
|
Cases related to this attorney's specialties:
ROBBINS v. BLM FILED United States Court of Appeals 1000 Tenth Circuit February 23, 2006 Elisabeth A. Shumaker Clerk of Court PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT HARVEY FRANK ROBBINS, Plaintiff - Appellant, v. No. 05-8087 UNITED STATES BUREAU OF LAND MANAGEMENT, an agency of the United States Department of the Interior; GALE A. NORTON, Secretary of the Interior; KATHLEEN CLARKE, Director of the United States Bureau of Land Management; EDWARD SHEPARD, Assistant Director, Renewable Resources and Planning, United States Bureau of Land Management; and ROBERT BENNETT, Wyoming State Director, Bureau of Land Management, Defendants - Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING (D.C. NO. 04-CV-41-J) Marc Ryan Stimpert (Karen Budd-Falen and Erin Sass-Eastman on the briefs), Budd-Falen Law Offices, LLC, Cheyenne, Wyoming, for Plaintiff - Appellant. Robert J. Lundman, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C. (Matthew J. McKeown, Deputy Assistant Attorney General, Washington, D.C.; Todd S. Aagaard, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C.; and Kristina Clark, Of Counsel, Office of the Solicitor, Department of the Interior, Washington, D.C.; with him on the brief), for Defendants - Appellees. Before TACHA, Chief Circuit Judge, ANDERSON and HARTZ,(1) Circuit Judges. ANDERSON, Circuit Judge. Plaintiff Harvey Frank Robbins brought this suit challenging the termination by the Bureau of Land Management ("BLM") of a Settlement Agreement that, if it had remained in effect for two years, would have required the BLM to dismiss sixteen pending administrative actions against Robbins. The district court upheld the BLM's action. Robbins appeals, arguing, as he did below, that, in voiding the Settlement Agreement, the BLM violated his Fifth Amendment procedural due process rights. The BLM responds that Robbins' claim...
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 ...
LA FED LAND BNK v FARM CRDT ADMIN, U.S. DC Circuit Court of AppealsLA FED LAND BNK v 1000 FARM CRDT ADMIN United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 8, 2002 Decided July 29, 2003 No. 01-5366 Louisiana Federal Land Bank Association, FLCA, et al., Appellants v. Farm Credit Administration, et al., Appellees Appeal from the United States District Court for the District of Columbia (No. 00cv01582) Daniel Joseph argued the cause for appellants. With him on the briefs was Beth Hirschfelder Wilensky. C. Fairley Spillman entered an appearance. Edward Himmelfarb, Attorney, U.S. Department of Jus- tice, argued the cause for federal appellees. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and Robert S. Greenspan, Attorney, U.S. Department of Justice. Kathleen C. Kauffman argued the cause for appellee First South Farm Credit, ACA. With her on the brief were Nels J. Ackerson and L. Keith Parsons. Before: Ginsburg, Chief Judge, and Edwards and Garland, Circuit Judges. Opinion for the Court filed by Chief Judge Ginsburg. Ginsburg, Chief Judge: The Farm Credit Administration promulgated a rule eliminating geographical restrictions upon certain activities of lenders within the Farm Credit System, and thereby put them into competition with each other. The plaintiffs-appellants - lenders within the System - challenged the rule in district court, claiming it conflicted with the Farm Credit Act and with a 1992 Amendment thereto, and that the FCA promulgated the rule in violation of the procedural requirements of the Administrative Procedure Act. The dis- trict court, holding the FCA had complied with the proper procedures and the plaintiffs' statutory arguments were ei- ther without merit or had been forfeited, entered summary judgment for the FCA. We hold the Agency was required by the APA to address the plaintiffs' comment before promulgating the rule. For that reason we reverse the...
|
|
|