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 Post subject: DL&W 952 Appeal
PostPosted: Fri Mar 30, 2007 2:53 pm 

Joined: Sun Aug 22, 2004 8:28 am
Posts: 2732
Location: Salt Lake City, Utah
In one of those strange events where my nearly-complete legal education intersects my non-academic intersts, it appears as if the U.S. Court of Appeals for the Eighth Circuit will be hearing the DL&W 952 case on April 10th when they visit my law school-Saint Louis University School of Law.

http://law.slu.edu/conf/8thCircuitAppellateBriefs/index.html

Now, just so we are clear: 1. This is an appeal of the lower court granting summary judgment in favor of St. Louis County. The only thing the Court of Appeals can do is conclude that summary judgment (which ended the case on the merits before a trial occurred, usually because there is no factual issue to be decided) was improper and return the case to the lower court to decide. At that point, more arguments could occur, the court could grant summary judgment again, or hold an actual trial.

2. The appeals court will only he hearing oral arguments on the 10th, it will be some time before an opinion is issued.

Nonetheless, I'll be attending and will report on how it goes.


David

_________________
David M. Wilkins

"They love him, gentlemen, and they respect him, not only for himself, for his character, for his integrity and judgment and iron will, but they love him most of all for the enemies he has made."


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