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Florida Lawyer Search - Listings for Stemberger John T
Name: Stemberger John T
Address: 222 W Westmonte Dr Altamonte Springs, FL 32701
Phone Number: 407-865-5700
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Specialties:
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Personal Injury & Property Damage Law
Civil Trial Law
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Cases related to this attorney's specialties:
USCA6 Opinion 03a0319p.06 RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2003 FED App. 0319P (6th Cir.) File Name: 03a0319p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _ H.C. MacClaren, Inc., Petitioner, v. United States Department of Agriculture, Respondent. No. 02-3006 On Appeal from an Order of the Secretary, United States Department of Agriculture. No. D-99-0012. Argued: June 11, 2003 Decided and Filed: September 4, 2003 Before: MOORE and GIBBONS, Circuit Judges; SCHWARZER, Senior District Judge.(*) _ COUNSEL ARGUED: Stephen P. McCarron, McCARRON & DIESS, Washington, D.C., for Petitioner. Stephen M. Reilly, OFFICE OF GENERAL COUNSEL, UNITED STATES DEPARTMENT OF AGRICULTURE, Washington, D.C., for Respondent. ON BRIEF: Stephen P. McCarron, McCARRON & DIESS, Washington, D.C., for Petitioner. Stephen M. Reilly, OFFICE OF GENERAL COUNSEL, UNITED STATES DEPARTMENT OF AGRICULTURE, Washington, D.C., for Respondent. _ OPINION _ JULIA SMITH GIBBONS, Circuit Judge. Petitioner H.C. MacClaren, Inc. (MacClaren), a wholesale produce broker, appeals a final order of the Secretary of Agriculture revoking its license pursuant...
IN RE WILHELM ELSNER United States Court of Appeals for the Federal Circuit 1000 03-1569 (Serial No. 09/664,247) IN RE WILHELM ELSNER Julie W. Meder, Webb Ziesenheim Logsdon Orkin & Hanson, P.C., of Pittsburgh, Pennsylvania, argued for appellant. Russell D. Orkin for appellant. John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for appellee. With him on the brief were Stephen Walsh and Linda Moncys Isacson, Associate Solicitors. Appealed from: United States Patent and Trademark Office, Board of Patent Appeals and Interferences United States Court of Appeals for the Federal Circuit 03-1585 (Serial No. 09/267,559) IN RE KEITH W. ZARY Kenneth S. Klarquist, Klarquist Sparkman, LLP, of Portland, Oregon, argued for appellant. With him on the brief was Kevin M. Hayes. John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the United States Patent and Trademark Office. With him on the brief were Stephen Walsh and Linda Moncys Isacson, Associate Solicitors. Patrick H. Ballew, Stratton Ballew PLLC, of Yakima, Washington, for amicus curiae Northwest Nursery Improvement Institute, Inc. Of counsel was Rex B. Stratton, of Seattle, Washington. Appealed from: United States Patent and Trademark Office Board of Patent Appeals and Interferences United States Court of Appeals for the Federal Circuit 03-1569 (Serial No. 09/664,247) IN RE WILHELM ELSNER - 03-1585 (Serial No. 09/267,559) IN RE KEITH ZARY _ DECIDED: August 16, 2004 _ Before LOURIE, CLEVENGER, and BRYSON, Circuit Judges. LOURIE, Circuit Judge. Wilhelm Elsner appeals from the decision of the United States Patent and Trademark Office ("PTO") Board of Patent Appeals and Interferences affirming the rejection of claim 1 of United States plant patent application 09/664,247 as anticip...
REED, GORDON v. LANDSTAR LIGON INC. FILED United States Court of Appeals 1000 Tenth Circuit DEC 11 2002 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT KIRK REED and JENNIFER GORDON, Parents of Travis Reed, Deceased, Plaintiffs - Appellants, v. No. 01-7056 LANDSTAR LIGON INC., a corporation, JACK PIERCE TRUCKING CO., and DONALD LEE LAMBERTSON, Defendants - Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA (D.C. No. 00-CV-397-P) Edward J. Kionka (S. Daniel George, Sallisaw Oklahoma, and H. Ray Hodnett, Van Buren, Arkansas, with him on the briefs), Carbondale, Illinois, for Plaintiffs-Appellants. Joseph R. Farris (Jody R. Nathan with him on the brief), Feldman, Franden, Woodard & Farris, Tulsa, Oklahoma, for Defendants-Appellees. Before MURPHY, ANDERSON, and BALDOCK, Circuit Judges. BALDOCK, Circuit Judge. This is a negligence action brought in federal court under diversity jurisdiction. See 28 U.S.C. 1332. Plaintiffs' fifteen-year-old son, Travis Reed, was driving an all terrain vehicle on a rural road in Oklahoma when a truck driven by Defendant Lambertson struck and killed him. A jury returned a verdict for $500,000, and apportioned sixty percent fault to the truck driver and forty percent fault to Travis, resulting in an overall verdict for Plaintiffs for $300,000. Plaintiffs appeal only the jury's apportionment of fault, arguing the district court improperly instructed the jury that the all terrain vehicle was illegally on the road at the time of the accident. We have jurisdiction under 28 U.S.C. 1291. We affirm. I. In April 2000, Plaintiffs attended a family gathering in rural farm country in Oklahoma. Plaintiffs' son, Travis Reed, wanted to drive his grandfather's all terrain vehicle (ATV) to his aunt's home nearby. After receiving permission to take the ATV, Travis drove it down the driveway and onto the roadway. On the road, a hill prevented easy observation of oncoming traf...
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