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North Dakota Lawyer Search - Listings for Dwyer Michael Atty
Name: Dwyer Michael Atty
Address: Bismarck, ND 58501
Phone Number: 701-223-4615
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Cases related to this attorney's specialties:
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...
USCA10 Opinion 04-8084.wpd FILED United States Court of Appeals Tenth Circuit August 16, 2005 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT RUDY STANKO, individually and on behalf of similarly situated cattle traders, Plaintiff - Appellant, No. 04-8084 v. JIM MAHAR, individually and in his official capacity, Defendant - Appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING (D.C. No. 04-CV-03-B) Submitted on the briefs: Rudy Stanko, Gordon, Nebraska, Plaintiff-Appellant, Pro se. Patrick J. Crank, Attorney General, John W. Renneisen, Deputy Attorney General, Misha Westby, Senior Assistant Attorney General, David L. Delicath, Assistant Attorney General, Office of the Attorney General, Cheyenne, Wyoming for Defendant-Appellee. Before LUCERO, McKAY, and ANDERSON, Circuit Judges. McKAY, Circuit Judge. Plaintiff Rudy Stanko, proceeding pro se, appeals from the district court's order granting summary judgment to defendant Jim Maher(1) on Mr. Stanko's complaint alleging violations of his constitutional rights.(2) We affirm the entry of summary judgment in favor of Mr. Maher.(3) FACTS Mr. Stanko is a resident of Gordon, Nebraska who operates as a stock owner and drover in Fremont, Natrona, and Teton Counties, Wyoming. Mr. Maher is a brand inspector employed by the State of Wyoming Livestock Board (Board). (1) The case caption spells Mr. Maher's name "Mahar" but it appears that the correct spelling is "Maher." (2) Mr. Stanko's complaint recites that it is brought pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Bivens creates a remedy for violations of constitutional rights committed by federal officials acting in their individual capacities. Mr. Maher is a state brand inspector. Therefore, this action arises, if at all, pursuant to 42 U.S.C. 1983 rather than Bivens. (3) After examining the briefs and appellate record, this panel has determined unanimous...
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