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| DL&W 952 Appeal https://www.rypn.org/forums/viewtopic.php?f=1&t=22694 |
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| Author: | wilkinsd [ Fri Mar 30, 2007 2:53 pm ] |
| Post subject: | DL&W 952 Appeal |
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 |
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