In an appeal from a judgment of the district court upholding certain adjustments to plaintiff's partnership returns and a 40 percent penalty for tax underpayment by the IRS, 26 U.S.C. section 6226(a), judgment is affirmed because certain option transactions used to...
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Streck, Inc. v. Research and Diagnostic Systems, Inc.
In an appeal from a judgment of the district court awarding 35 U.S.C. section146 priority of invention to the plaintiff, judgment is affirmed where the court's de novo review of a determination by the Board of Patents Appeal was proper under Section146.
NY Coalition for Quality Assisted Living, Inc. v. MFY Legal Services, Inc.
In an appeal from a judgment of the appellate division reversing a trial court order enjoining defendants from violating an assisted living facilities' visitor access guidelines, judgment is affirmed where the guidelines impermissibly restrict advocate access to...
Cunney v. Bd. of Trs. of Vill. of Grand View
In an appeal from a judgment of the district court dismissing plaintiff's challenge to a zoning ordinance which, in order to preserve the remaining views of a portion of the Hudson River, prohibits the building of structures that rise more than a certain height,...
Redondo Waste Systems, Inc. v. Lopez-Freytes
In an appeal from a judgment of the district court dismissing plaintiffs' Section 1983 and related claims concerning defendant's rejection of several of plaintiffs' proposed plans for dealing with accumulated waste, judgment is affirmed where complaint states no claim...
Montana Consumer Counsel v. FERC
In a petition for review of an order of the Federal Energy Regulatory Commission (FERC) adopting a regulatory policy that allowed sellers of wholesale electricity to file "market-based" rates, petition is denied where the policy does not exceed the FERC's authority as...
Russell Country Sportsmen v. US Forest Service
In an appeal from a judgment of the district court invalidating defendant-Forest Service's Travel Management Plan for parts of the Lewis and Clark National Forest, judgment is reversed because: 1) the Montana Wilderness Study Act does not bar the defendant from...
Raritan Baykeeper v. NL Industries, Inc.
In an appeal from a judgment of the district court dismissing, on the grounds of abstention, plaintiff's complaint under the Resource Conservation and Recovery and Clean Water Acts, judgment is reversed where neither primary jurisdiction nor the Burford doctrine...
DeCicco v. California Coastal Commission
In an appeal from a judgment of the trial court dismissing appellant's writ challenge to the defendant's appellate jurisdiction over their coastal development project, judgment is affirmed where although a county's approval of a "principal permitted use" development...
Boston Edison Co. v. US
In an appeal from a judgment of the trial court concerning an action breach of a nuclear waste disposal contract, judgment is affirmed with respect to the recovery of indirect overhead costs associated with mitigation activities by the non-breaching party and the...