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Wyoming Lawyer Search - Listings for Moyer Peter F Atty


 
Name: Moyer Peter F Atty
Address: 50 Kings Hwy Jackson, WY 83001
Phone Number: 307-733-7795
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BELL v. FUR BREEDERS AGRIC. FILED United States Court of Appeals 1000 Tenth Circuit NOV 7 2003 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT JOHN M. BELL, a/k/a Jack Bell; JOHN ROBERT BELL, a/k/a Bob Bell, Plaintiffs-Appellants, No. 01-4252 v. FUR BREEDERS AGRICULTURAL COOPERATIVE, a cooperative organized under the laws of Utah; DANE DIXON, JACK MARCHANT, STAN PETERSON, STAN STUART, KENT VERNON, and RICK WESTWOOD, former directors/members of Fur Breeders Agricultural Cooperative, Defendants-Appellees. Appeal from the United States District Court for the District of Utah (D.C. No. 96-CV-939-ST) Roy B. Moore (Tiani Xochitl Coleman, Salt Lake City, Utah, with him on the briefs) of Roy B. Moore P.C. & Associates, Midvale, Utah, for Plaintiffs- Appellants. Perrin R. Love (Wendy B. Crowther of Clyde, Snow, Sessions & Swenson; and R. Scott Rawlings with him on the brief) of Clyde, Snow, Sessions & Swenson, Salt Lake City, Utah, for Defendants-Appellees. Before HARTZ and McKAY, Circuit Judges, and BRORBY, Senior Circuit Judge. BRORBY, Senior Circuit Judge. This appeal arises from an action brought by John M. (Jack) Bell and John Robert (Bob) Bell against Fur Breeders Agricultural Cooperative and its former directors and members of the board of directors. The Bells allege that while they were members of the cooperative, Fur Breeders committed antitrust violations pursuant to Section 1 of the Sherman Antitrust Act (Sherman Act), 15 U.S.C.  1, and Section 2(a) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C.  13(a). The Bells contend Fur Breeders violated antitrust laws because the discounted price it charged the Bells for feed they hauled themselves did not cover their actual costs, thereby limiting their ability to remain competitive with other cooperative members who ranched within the cooperative's delivery route and paid a different price for delivered feed. The Bells appeal the district court's order granting...




USCA10 Opinion 05-9000.wpd FILED United States Court of Appeals Tenth Circuit March 9, 2006 Elisabeth A. Shumaker Clerk of Court PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT RONALD F. VAN SCOTEN; CYNTHIA G. VAN SCOTEN, Petitioners - Appellants, No. 05-9000 vs. COMMISSIONER OF INTERNAL REVENUE, Respondent - Appellee. APPEAL FROM THE UNITED STATES TAX COURT (T.C. No. 24946-96) Terri A. Merriam (and Wendy S. Pearson, Pearson & Merriam, P.C, with her on the briefs), Seattle, Washington, for Petitioners - Appellants. Anthony T. Sheehan (and Bruce R. Ellisen, Tax Division, Department of Justice, and Eileen J. O'Connor, Assistant Attorney General, on the brief), Washington, D.C., for Respondent - Appellee. Before KELLY, HENRY, and McCONNELL, Circuit Judges. KELLY, Circuit Judge. Taxpayer-Appellants Ronald and Cynthia Van Scoten (collectively, the "Van Scotens") appeal from the Tax Court's decision in Van Scoten v. Commissioner, T.C. Memo. 2004-275, 2004 WL 2785918 (2004) ("T.C. Memo"), holding them liable for an accuracy-related penalty of $2,872 imposed by the Commissioner of Internal Revenue ("Commissioner") as a result of their negligence in claiming losses from a cattle partnership they were invested in during the 1991 tax year. Our jurisdiction arises under 26 U.S.C.  7482(a)(1), and we affirm. Background The accuracy-related penalty at issue in this case arises from adjustments of partnership items on the Van Scotens' 1991 Federal income tax return. The adjustments are the result of the Van Scotens' investment in a partnership organized and promoted by Walter J. Hoyt III ("Mr. Hoyt"). I. Mr. Hoyt and the Hoyt Organization Mr. Hoyt's father was a nationally recognized breeder of shorthorn cattle, one of the three major breeds of cattle in the United States. In order to expand his business and attract investors, Mr. Hoyt's father, in the late 1960s, began organizing and promoting cattle breeding partnerships. Before and after his father's deat...




IN RE: VENEMAN ANN, U.S. DC Circuit Court of AppealsIN RE: VENEMAN ANN 1000 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued September 6, 2002 Decided October 29, 2002 No. 02-5021 In re: Ann M. Veneman, Secretary of Agriculture, Petitioner Appeal from the United States District Court for the District of Columbia (No. 99cv03119) Charles W. Scarborough, Attorney, U.S. Department of Justice, argued the cause for petitioner. With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, and Robert M. Loeb, Attorney, U.S. Department of Justice. Joseph M. Sellers argued the cause for respondents. With him on the brief were Suzette M. Malveaux, Alexander Pires, Jr., David Frantz, and Phillip L. Fraas. Michael L. Foreman, Elaine R. Jones, Norman J. Chach- kin, Paul M. Smith, Ian Heath Gershengorn, and John Dossett were on the brief for amici curiae in support of respondents. Before: Tatel and Garland, Circuit Judges, and Williams, Senior Circuit Judge. Opinion for the Court filed by Circuit Judge Tatel. Tatel, Circuit Judge: Rule 23(b)(2) of the Federal Rules of Civil Procedure permits certification of class actions not "exclusively or predominantly [for] money damages." This petition for interlocutory review presents the following ques- tion: In a case involving requests for both monetary and equitable relief, may a district court certify a Rule 23(b)(2) class as to equitable relief only without first determining whether, looking at the complaint as a whole, plaintiffs' monetary claims predominate over their equitable claims? Although this issue is both unsettled and fundamental- factors that may justify interlocutory review pursuant to Rule 23(f)-we nevertheless deny the petition because the critical questions required to resolve it are entirely unbriefed and because we are satisfied that the issue will not escape appel- late review. I. The United States Department of Agriculture administers ...




 
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