2001 Fourth Circuit U.S. Court of Appeals Case Law

Safety-kleen, Incorporated (pinewood), Plaintiff-appellant,andtoronto Dominion (texas), Incorporated, As Agent and Advisor for Secured Creditors; Td Securities (usa), Incorporated, As Agent and Advisor for Secured Creditors, Intervenors/plaintiffs,andofficial Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae, v. Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity; South Carolina Boardof Healthand Environmental Control; Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity; South Carolina Departmentof Healthand Environmental Control, Defendants-appellees,sierra Club; Phil P. Leventis; Citizens Askingfor a Safe Environment, Incorporated (case); South Carolina Departmentof Natural Resources; South Carolina Public Service Authority, Intervenors/defendants-appellees,andstate of South Carolina, Defendant.united States of America, Amicus Curiae.safety-kleen, Incorporated (pinewood), Plaintiff-appellee,toronto Dominion (texas), Incorporated, As Agent and Advisor for Secured Creditors; Td Securities (usa), Incorporated, As Agent and Advisor for Secured Creditors, Intervenors/plaintiffs-appellees,andofficial Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae, v. Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity; South Carolina Boardof Healthand Environmental Control; Douglas E. Bryant, Commissioner,south Carolina Department of Health and Environmental Control, in His Official Capacity; South Carolina Departmentof Healthand Environmental Control, Defendants-appellants,andstate of South Carolina, Defendant,andsierra Club; Phil P. Leventis; Citizens Askingfor a Safe Environment, Incorporated (case); South Carolina Departmentof Natural Resources; South Carolina Public Service Authority, Intervenors/defendants,united States of America, Amicus Curiae.safety-kleen, Incorporated (pinewood), Plaintiff-appellee,andtoronto Dominion (texas), Incorporated, As Agent and Advisor for Secured Creditors; Td Securities (usa), Incorporated, As Agent and Advisor for Secured Creditors, Intervenors/plaintiffs,andofficial Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae, v. State of South Carolina; Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity; South Carolina Boardof Healthand Environmental Control; Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity; South Carolina Departmentof Healthand Environmental Control,defendants,andsierra Club; Phil P. Leventis; Citizens Askingfor a Safe Environment, Incorporated (case); South Carolina Departmentof Natural Resources, Intervenors/defendants,andsouth Carolina Public Service Authority, Intervenor/defendant-appellant,united States of America, Amicus Curiae.safety-kleen, Incorporated (pinewood), Plaintiff-appellee,andtoronto Dominion (texas), Incorporated, As Agent and Advisor for Secured Creditors; Td Securities (usa), Incorporated, As Agent and Advisor for Secured Creditors, Intervenors/plaintiffs,andofficial Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae, v. State of South Carolina; Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity; South Carolina Boardof Healthand Environmental Control; Douglas E. Bryant, Commissioner, South Carolinadepartment of Health and Environmental Control, in His Official Capacity; South Carolina Departmentof Healthand Environmental Control, Defendants,south Carolina Departmentof Natural Resources; South Carolina Public Service Authority, Intervenors/defendants,andsierra Club; Phil P. Leventis; Citizens Askingfor a Safe Environment, Incorporated (case), Intervenors/defendants-appellants.united States of America, Amicus Curiae.safety-kleen, Incorporated (pinewood), Plaintiff-appellee,andtoronto Dominion (texas)
Date: December 19, 2001
Citation: 274 F.3d 846
Terry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs-appellants, v. William Capacchione, Individually and on Behalf of Christina Capacchione, a Minor; Michael P. Grant; Richard Easterling; Lawrence Gauvreau; Karen Bentley; Charles Thompson; Scott C. Willard, Plaintiffs-appellees,andthe Charlotte-mecklenburg Boardof Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-mecklenburg School Board, in His Official Capacity, Defendants.united States of America; North Carolina School Boards Association; National School Boards Association, Amici Curiae.william Capacchione, Individually and on Behalf of Christina Capacchione, a Minor; Michael P. Grant; Richard Easterling; Lawrence Gauvreau; Karen Bentley; Charles Thompson; Scott C. Willard, Plaintiffs-appellees,andterry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs-appellants, v. the Charlotte-mecklenburg Boardof Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-mecklenburg School Board, in His Official Capacity, Defendants-appellants.united States of America; North Carolina School Boards Association; National School Boards Association, Amici Curiae.william Capacchione, Individually and on Behalf of Christina Capacchione, a Minor; Michael P. Grant; Richard Easterling; Lawrence Gauvreau; Karen Bentley; Charles Thompson; Scott C. Willard, Plaintiffs-appellees,andterry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs-appellants, v. the Charlotte-mecklenburg Boardof Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-mecklenburg School Board, in His Official Capacity, Defendants-appellants.united States of America; North Carolina School Boards Association; National School Boards Association, Amici Curiae.william Capacchione, Individually and on Behalf of Christina Capacchione, a Minor; Michael P. Grant; Richard Easterling; Lawrence Gauvreau; Karen Bentley; Charles Thompson; Scott C. Willard, Plaintiffs-appellees,andterry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs-appellants, v. the Charlotte-mecklenburg Boardof Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-mecklenburg School Board, in His Official Capacity, Defendants-appellants.united States of America; North Carolina School Boards Association; National School Boards Association, Amici Curiae
Date: December 14, 2001
Citation: 274 F.3d 814
Daniel Adams; Robert C. Adkisson; Thomas W. Adler; Matthew Albright; Kanyia J. Anderson; Bradley D. Antons; Lonnie E. Artis; James S. Bailie; John Banks; James R. Barker; Karen Marie Barnes; Charlene A. Beahm; James T. Blount; William Brady; Larry D. Breneman; Frederick M. Broccolo; Michael B. Carden; William R. Carman; William H. Carroll; Marc W. Chadwick; David Chereskin; Robert E. Cherry; Richard Childress; Mark Cole; Steven R. Comeau; William H. Conger, Jr.; Scott Condon; Stephen G. Connally; Paul G. Cook; William T. Corbett; Tim Costello; Robert L. Cowan; Richard M. Cox, Jr.; Freddie D. Creef; John F. Culpepper, Jr.; William W. Dailey, Jr.; Randy A. D'arcy; James W. Davis; Jonathon C. Davis; Michael Lee Davis; Ernest E. Delp; Brett G. Derr; Brandon James Dommel; David Dubinsky; Timothy Edic; Raymond Ellis; David J. Fannon, Jr.; Edward Ferro; Stanley F. Flavin; Charles J. Fleetwood; Chester M. Flemming; Floyd J. Ford; David Francisco; John Franczek; Roy Frugard; Kyle R. Gavin; Phelipe P. Giles; Andre H. Glaubke; Robert Glaubke; Charles E. Gore; Richard Q. Graulich; Steven M. Green; Jonathon A. Guffey; Donna Guinn, Administratrix of the Estate of William A. Guinn, Jr., Deceased; Scott Hamilton; John Harrington; David W. Harris; John K. Helms; Billy M. Henson, Jr.; Steven W. Henson; Michael T. Hicks; Ricardo Hicks; Dennis Hodge; James Hopkins; Robert L. Inks; Steve Jiannine; Daniel H. Johnson; Mark L. Johnson; Ricky D. Johnson; Sam Marvin Jones, Iii; John David Judd; Frank Jurczak; William T. Karas; Frederick W. Kinzel; Kelly R. Kirk; Steven R. Klemstine; John E. Koenig; Gerard J. Laing, Jr.; Todd A. Landreth; Robert J. Lemoyne; Kevin R. Laughlin; Raymond W. Lee, Jr.; Christopher M. Leonard; Brian D. Lewis; Steven K. Lindblad; Arlie R. Liverman, Jr.; Jeffrey B. Logan; Blane J. Lorson; John Loushe; Shane J. Lyle; John E. Martin; Stephen Massenburg; Robert M. Matthews, Jr.; Scott R. Mcclain; David C. Mcghinnis; William R. Mccullin, Iii; Carol M. Meads; Rick L. Mercer; James A. Mikell; Gail Montgomery; William H. Morey; Brian U. Morrow; John W. Morton; Theodore A. Munden; Royce I. Munkel; Grant C. Murray; Scott Nash; Brian P. Nichols; Anthony Norty; Frank S. Oldaker; Todd O'neal; Wayne E. Oporto; Richard S. Orletsky; Robert W. Orletsky; Clarence P. Osborn; Paul J. Parks; Jack Patterson; Eve-marie Paxton; Fred H. Peedin, Sr.; W. Marshall Perry, Jr.; Lawrence M. Phillips; Norman Pool; Clifford F. Poplin; Jeffrey F. Poplin; Harvey J. Porter, Iii; Michael W. Porter; Michael J. Preziotti, Jr.; Gary W. Rafter; William C. Raney, Jr.; David C. Rannigan; John Rawlings, Jr.; Ricky Joseph Rickman; Brett J. Roeske; Christopher Rogers; Michael L. Rose; James R. Rouse; Frank Russo;william L. Sabourin; Paul Edward Savage, Jr.; Michael T. Scott; Paul R. Scott; Ritchie v. Scott, Jr.; David M. Seitz; Reginald Shirley; Richard P. Imonton; Joseph D. Soniak; James L. Spruill; Rodger Spruill; Robert Spurlock; Michael D. Staats; James D. Stanek; Larry D. Steadman; Craig D. Steele; Richard Studebaker; Michael L. Talley; Kenneth R. Tancredi; David C. Taylor; Daniel K. Thomas; Phillip R. Thompson; Carl Throckmorton; Roland G. Toffton; William Tull; John A. Utegg; Elijah Vaughn; Timothy L. Vause; Alvin C. Walker; Joseph M. Wallower; William P. Walraven; Derek Warren; John Weaver; Douglas A. White; Cecil C. Whitehead, Jr.; Charles T. Wilkinson; Shawn R. Wilkinson; Jamie R. Wilks; Garry Windley; Charles C. Wood; Malcolm Wooldridge; Paul A. Wotring, Sr.; Richard Zawislak; Joseph S. Zentkovich; Jeffrey A. Ziegler; Jason Blow; Roger T. Burris; Clifton Chisum; Tracy W. Carroll; Charles R. Clark; Robert B. Hagwood; Carnell Marsh; Rodney M. Mills; Troy Ramsey; Timothy Smith; Lawrence Wallace; Kenneth D. Alligood; Christopher Scott Ansell; William R. Ansell, Jr.; William M. Avant, Sr.; George Michael Barner; Peter W. Bates; Bradford Troy Brewer; Brian Cleveland; Donald N. Clifton, Jr.; Ricky T. Coleman; Jerry H. Coward, Ii; Doug Deaton; Gregory S. Deyoung; Paul D. Fetter; Wayne B. Hanbury; Carolyn M. Henderson; David L. Hughes; Lionell Lamb; Jeter Guy Lawso
Date: December 6, 2001
Citation: 274 F.3d 148
Silvestri v. General Motors Corp.
Date: November 29, 2001
Citation: 271 F.3d 583
Jackson Baynard, Plaintiff-appellee, v. Catherine Malone, Former Principal of the Charles Barrett Elementary School, Defendant-appellant,andcraig J. Lawson; Alexandria City School Board, a Body Corporate; Paul Masem, Individually and in His Official Capacity As Former Superintendent of Schools, Alexandria City Public Schools; O.f. Dutch Beckhoff, Individually and in His Official Capacity As Former Assistant Superintendent of Alexandria City Public Schools; Maxine J. Wood, Individually and in Her Official Capacity As Assistant Superintendent of Alexandria City Public Schools; Sports International, Incorporated, a Maryland Corporation; Conway School Board, a New Hampshire Regional School Board; Robert Kautz, Individually and in His Official Capacity As Former Superintendent of Conway School Board, Defendants.jackson Baynard, Plaintiff-appellant, v. Alexandria City School Board, a Body Corporate; Paul Masem, Individually and in His Official Capacity As Former Superintendent of Schools, Alexandria City Public Schools; O.f. Dutch Beckhoff, Individually and in His Official Capacity As Former Assistant Superintendent of Alexandria City Public Schools, Defendants-appellees,andcatherine Malone, Former Principal of the Charles Barrett Elementary School; Craig J. Lawson; Maxine J. Wood, Individually and in Her Official Capacity As Assistant Superintendent of Alexandria City Public Schools; Sports International, Incorporated, a Maryland Corporation; Conway School Board, a New Hampshire Regional School Board; Robert Kautz, Individually and in His Official Capacity As Former Superintendent of Conway School Board, Defendants.jackson Baynard, Plaintiff-appellee, v. Catherine Malone, Former Principal of the Charles Barrett Elementary School, Defendant-appellant,andcraig J. Lawson; Alexandria City School Board, a Body Corporate; Paul Masem, Individually and in His Official Capacity As Former Superintendent of Schools, Alexandria City Public Schools; O.f. Dutch Beckhoff, Individually and in His Official Capacity As Former Assistant Superintendent of Alexandria City Public Schools; Maxine J. Wood, Individually and in Her Official Capacity As Assistant Superintendent of Alexandria City Public Schools; Sports International, Incorporated, a Maryland Corporation; Conway School Board, a New Hampshire Regional School Board; Robert Kautz, Individually and in His Official Capacity As Former Superintendent of Conway School Board, Defendants.jackson Baynard, Plaintiff-appellant, v. Catherine Malone, Former Principal of the Charles Barrett Elementary School; Alexandria City School Board, a Body Corporate; Paul Masem, Individually and in His Official Capacity As Former Superintendent of Schools, Alexandria City Public Schools; O.f. Dutch Beckhoff, Individually and in His Official Capacity As Former Assistant Superintendent of Alexandria City Public Schools, Defendants-appellees,andcraig J. Lawson; Maxine J. Wood, Individually and in Her Official Capacity As Assistant Superintendent of Alexandria City Public Schools; Sports International, Incorporated, a Maryland Corporation; Conway School Board, a New Hampshire Regional School Board; Robert Kautz, Individually and in His Official Capacity As Former Superintendent of Conway School Board, Defendants
Date: October 19, 2001
Citation: 268 F.3d 228
The Piney Run Preservation Association, Plaintiff-appellee, v. County Commissioners of Carroll County, Maryland, Defendant-appellant.association of Metropolitan Sewerage Agencies; Water Environment Federation; Maryland Association of Municipal Wastewater Agencies, Incorporated; Virginia Association of Municipal Wastewater Agencies, Incorporated; West Virginia Municipal Water Quality Association, Incorporated; American Chemistry Council; American Forest and Paper Association; Chamber of Commerce of the United States of America; General Electric Company; National Association of Manufacturers; Utility Water Act Group; Virginia Manufacturers Association; M.a.d.e.in Maryland; Alliance of Automobile Manufacturers; American Iron and Steel Institute; American Petroleum Institute; Environmental Federation of Oklahoma; Michigan Manufacturers Associations; Mississippi Manufacturers Association; National Petrochemical and Refiners Association; Nuclear Energy Institute; Western States Petroleum Association, Amici Curiae.the Piney Run Preservation Association, Plaintiff-appellant, v. County Commissioners of Carroll County, Maryland, Defendant-appellee.association of Metropolitan Sewerage Agencies; Water Environment Federation; Maryland Association of Municipal Wastewater Agencies, Incorporated; Virginia Association of Municipal Wastewater Agencies, Incorporated; West Virginia Municipal Water Quality Association, Incorporated; American Chemistry Council; American Forest and Paper Association; Chamber of Commerce of the United States of America; General Electric Company; National Association of Manufacturers; Utility Water Act Group; Virginia Manufacturers Association; M.a.d.e.in Maryland; Alliance of Automobile Manufacturers; American Iron and Steel Institute; American Petroleum Institute; Environmental Federation of Oklahoma; Michigan Manufacturers Associations; Mississippi Manufacturers Association; National Petrochemical and Refiners Association; Nuclear Energy Institute; Western States Petroleum Association, Amici Curiae
Date: October 10, 2001
Citation: 268 F.3d 255
Terry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs-appellants,william Capacchione, Individually and on Behalf of Christina Capacchione, a Minor; Michael P. Grant; Richard Easterling; Lawrence Gauvreau; Karen Bentley; Charles Thompson; Scott C. Willard, Plaintiffs-appellees, v. the Charlotte-mecklenburg Boardof Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-mecklenburg School Board, in His Official Capacity, Defendants.united States of America; North Carolina School Boards Association; National School Boards Association, Amici Curiae.william Capacchione, Individually and on Behalf of Christina Capacchione, a Minor; Michael P. Grant; Richard Easterling; Lawrence Gauvreau; Karen Bentley; Charles Thompson; Scott C. Willard, Plaintiffs-appellees,andterry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs, v. the Charlotte-mecklenburg Boardof Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-mecklenburg School Board, in His Official Capacity, Defendants-appellants.united States of America; North Carolina School Boards Association; National School Boards Association, Amici Curiae.william Capacchione, Individually and on Behalf of Christina Capacchione, a Minor; Michael P. Grant; Richard Easterling; Lawrence Gauvreau; Karen Bentley; Charles Thompson; Scott C. Willard,plaintiffs-appellees,andterry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs, v. the Charlotte-mecklenburg Boardof Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-mecklenburg School Board, in His Official Capacity, Defendants-appellants.united States of America; North Carolina School Boards Association; National School Boards Association, Amici Curiae.william Capacchione, Individually and on Behalf of Christina Capacchione, a Minor; Michael P. Grant; Richard Easterling; Lawrence Gauvreau; Karen Bentley; Charles Thompson; Scott C. Willard, Plaintiffs-appellees,andterry Belk; Dwayne Collins, on Behalf of Themselves and the Class They Represent, Plaintiffs, v. the Charlotte-mecklenburg Boardof Education; Eric Smith, Superintendent, in His Official Capacity; Arthur Griffin, Chairman of the Charlotte-mecklenburg School Board, in His Official Capacity, Defendants-appellants.united States of America; North Carolina School Boards Association; National School Boards Association, Amici Curiae
Date: September 21, 2001
Citation: 269 F.3d 305
Robert A. Scardelletti; Frank Ferlin, Jr.; Joel Parker; Don Bujold, As Trustees of the Transportation Communications International Union Staff Retirement Plan, Plaintiffs-appellees, v. George Thomas Debarr, Individually and As Representatives of a Class of All Persons Similarly Situated; Anthony Santoro, Sr., Defendants-appellees,anddonald A. Bobo; R. I. Kilroy; F. T. Lynch; Frank Mazur, Defendants, v. Robert J. Devlin; Retired Employees Protective Association, Movants-appellants,anda. Meaders; James H. Groskopf; Thomas C. Robinson; Doyle W. Beat; Miriam E. Parrish; Robert A. Parrish; Desmond Fraser; James L. Bailey; Dorothy Deerwester; Thomas J. Hewson; Clay B. Wolfe; Kenneth B. Lane; Brian A. Jones; Charles O. Swasy, Parties in Interest.robert A. Scardelletti; Frank Ferlin, Jr.; Joel Parker; Don Bujold, As Trustees of the Transportation Communications International Union Staff Retirement Plan, Plaintiffs-appellees, v. George Thomas Debarr, Individually and As Representatives of a Class of All Persons Similarly Situated; Anthony Santoro, Sr., Defendants-appellees,anddonald A. Bobo; R. I. Kilroy; F. T. Lynch; Frank Mazur, Defendants, v. Robert J. Devlin; Retired Employees Protective Association, Movants-appellants,anda. Meaders; James H. Groskopf; Thomas C. Robinson; Doyle W. Beat; Miriam E. Parrish; Robert A. Parrish; Desmond Fraser; James L. Bailey; Dorothy Deerwester; Thomas J. Hewson; Clay B. Wolfe; Kenneth B. Lane; Brian A. Jones; Charles O. Swasy, Parties in Interest.robert A. Scardelletti; Frank Ferlin, Jr.; Joel Parker; Don Bujold, As Trustees of the Transportation Communications International Union Staff Retirement Plan, Plaintiffs-appellees, v. George Thomas Debarr, Individually and As Representatives of a Class of All Persons Similarly Situated; Anthony Santoro, Sr., Defendants-appellees,anddonald A. Bobo; R. I. Kilroy; F. T. Lynch; Frank Mazur,defendants, v. Robert J. Devlin; Retired Employees Protective Association, Movants-appellants,anda. Meaders; James H. Groskopf; Thomas C. Robinson; Doyle W. Beat; Miriam E. Parrish; Robert A. Parrish; Desmond Fraser; James L. Bailey; Dorothy Deerwester; Thomas J. Hewson; Clay B. Wolfe; Kenneth B. Lane; Brian A. Jones; Charles O. Swasy, Parties in Interest
Date: July 27, 2001
Citation: 265 F.3d 195
Ed Brown, As Parent and Next Friend of Vanessa Brown; Rosalynne Brown, As Parent and Next Friend of Vanessa Brown; Vanessa Brown, a Minor Child Attending Thomas Jefferson High School for Science and Technology in Fairfax, Virginia; Marc J. Cohen, As Parent and Next Friend of Amy and Michael Cohen; Michael Cohen, a Minor Child Attending Spring Hill School in Fairfax, Virginia; Amy Cohen, a Minor Child Attending Spring Hill School in Fairfax, Virginia; Frank M. Feibelman, As Parent and Next Friend of Seth Feibelman; Seth Feibelman, a Minor Child Attending Henrico County Middle School in Henrico County, Virginia; Gregory Kruglak, As Parent and Next Friend of Kathryn Anya Kruglak; Patricia Kruglak, As Parent and Next Friend of Kathryn Anya Kruglak; Kathryn Anya Kruglak, a Minor Child Attending Thomas Jefferson High School for Science and Technology in Fairfax, Virginia; Jeffrey M. Lepon, As Parent and Next Friend of Jana Lepon and Ariel Lepon; Cora Yamamoto, As Parent and Next Friend of Jana Lepon and Ariel Lepon; Jana Lepon, a Minor Child Attending Longfellow Middle School in Fairfax County, Virginia;ariel Lepon, a Minor Child Attending Haycock Elementary School in Fairfax County, Virginia; Wayne Gray, As Parent and Next Friend of Robyn Gray; Deborah Gray, As Parent and Next Friend of Robyn Gray; Robyn Gray, a Minor Child Attending White Oak Elementary School in Fairfax County, Virginia; Mark Magruder, As Parent and Next Friend of Mia Magruder; Ella Magruder, As Parent and Next Friend of Mia Magruder; Mia Magruder, a Minor Child Attending Amherst Middle School in Amherst County, Virginia; Roy Kupersmith, As Parent and Next Friend of Jordan Kupersmith; Adriana Kupersmith, As Parent and Next Friend of Jordan Kupersmith; Jordan Kupersmith, a Minor Child Attending Potomac Falls High School in Loudoun County, Virginia, Plaintiffs-appellants, v. James Gilmore, the Honorable James Gilmore in His Official Capacity As Governor of the Commonwealth of Virginia; Wilbert Bryant, the Honorable Wilbert Bryant in His Official Capacity As Virginia Secretary of Education; Jo Lynne Demary, in Her Official Capacity As Virginia Superintendent of Public Instruction; Virginia Board of Education; Virginia Department of Education; Daniel Domenech, in His Official Capacity As Division Superintendent Fairfax County Public Schools; Mark A. Edwards, in His Official Capacity As Division Superintendent Henrico County Public Schools; John J. Daniels, in His Official Capacity As Division Superintendent Amherst County Public Schools; the Fairfax County School Board; Henrico County School Board; Amherst County School Board; Edgar B. Hatrick, in His Official Capacity As Division Superintendent Loudoun County Public Schools; Loudoun County School Board, Defendants-appellees.ed Brown, As Parent and Next Friend of Vanessa Brown; Rosalynne Brown, As Parent and Next Friend of Vanessa Brown; Vanessa Brown, a Minor Child Attending Thomas Jefferson High School for Science and Technology in Fairfax, Virginia; Marc J. Cohen, As Parent and Next Friend of Amy and Michael Cohen; Michael Cohen, a Minor Child Attending Spring Hill School in Fairfax, Virginia; Amy Cohen, a Minor Child Attending Spring Hill School in Fairfax, Virginia; Frank M. Feibelman, As Parent and Next Friend of Seth Feibelman; Seth Feibelman, a Minor Child Attending Henrico County Middle School in Henrico County, Virginia; Gregory Kruglak, As Parent and Next Friend of Kathryn Anya Kruglak; Patricia Kruglak, As Parent and Next Friend of Kathryn Anya Kruglak; Kathryn Anya Kruglak, a Minor Child Attending Thomas Jefferson High School for Science and Technology in Fairfax, Virginia; Jeffrey M. Lepon, As Parent and Next Friend of Jana Lepon and Ariel Lepon; Cora Yamamoto, As Parent and Next Friend of Jana Lepon and Ariel Lepon; Jana Lepon, a Minor Child Attending Longfellow Middle School in Fairfax County, Virginia; Ariel Lepon, a Minor Child Attending Haycock Elementary School in Fairfax County, Virginia; Wayne Gray, As Parent and Next Friend of Robyn Gray; Deborah Gray, As Parent and Next Friend of Robyn G
Date: July 24, 2001
Citation: 258 F.3d 265
Mediaone Group, Incorporated; Mediaone of Virginia, Incorporated; At&t; Corporation, Plaintiffs-appellees, v. County of Henrico, Virginia, Defendant,bell Atlantic Corporation; Bell Atlantic-virginia, Incorporated; Bell Atlantic Internet Solutions, Incorporated, Intervenors/defendants,andgte Intelligent Network Services, Incorporated, D/b/a Gte.net, Intervenor-appellant.virginia Citizens Consumer Council; Consumer Federation of America; Center for Media Education; District of Columbia; City of Tacoma, Washington; Montgomery County, Maryland; U.S. Conference of Mayors; National League of Cities; National Association of Counties; National Association of Telecommunications Officers and Advisors; Virginia Association of Telecommunications Officers and Advisors; Texas Association of Telecommunications Officers and Advisors; Minnesota Association of Community Telecommunications Administrators; Opennet Coalition; Hands off the Internet; Federal Communications Commission; National Cable Television Association; Virginia Telecommunications Association; West Virginia Telecommunications Association; Cable Telecommunications Association of Maryland, Delaware and the District of Columbia, Incorporated; North Carolina Cable Telecommunications Association; South Carolina Television Association, Amici Curiae.mediaone Group, Incorporated; At&t; Corporation; Mediaone of Virginia, Incorporated; Plaintiffs-appellees, v. County of Henrico, Virginia, Defendant,gte Intelligent Network Services, Incorporated, D/b/a Gte.net, Intervenor/defendant,andbell Atlantic Corporation; Bell Atlantic-virginia, Incorporated; Bell Atlantic Internet Solutions, Incorporated, Intervenors-appellants.virginia Citizens Consumer Council; Consumer Federation of America; Center for Media Education; City of Tacoma, Washington; Montgomery County, Maryland; District of Columbia; U.S. Conference of Mayors; National League of Cities; National Association of Counties; National Association of Telecommunications Officers and Advisors; Virginia Association of Telecommunications Officers and Advisors; Texas Association of Telecommunications Officers and Advisors; Minnesota Association of Community Telecommunications Administrators; Opennet Coalition; Hands off the Internet; Federal Communications Commmission; National Cable Television Association; Virginia Telecommunications Association; West Virginia Telecommunications Association; Cable Telecommunications Association of Maryland, Delaware and the District of Columbia, Incorporated; North Carolina Cable Telecommunications Association; South Carolina Television Association, Amici Curiae.mediaone Group, Incorporated; Mediaone of Virginia, Incorporated; At&t; Corporation, Plaintiffs-appellees, v. County of Henrico, Virginia, Defendant-appellant,andgte Intelligent Network Services, Incorporated, D/b/a Gte.net; Bell Atlantic Corporation; Bell Atlanticvirginia, Incorporated; Bell Atlantic Internet Solutions, Incorporated, Intervenors/defendants.virginia Citizens Consumer Council; Consumer Federation of America; Center for Media Education; City of Tacoma, Washington; Montgomery County, Maryland; District of Columbia; U.S. Conference of Mayors; National League of Cities; National Association of Counties; National Association of Telecommunications Officers and Advisors; Virginia Association of Telecommunications Officers and Advisors; Texas Association of Telecommunications Officers and Advisors; Minnesota Association of Community Telecommunications Administrators; Opennet Coalition; Hands off the Internet; Federal Communications Commmission; National Cable Television Association; Virginia Telecommunications Association; West Virginia Telecommunications Association; Cable Telecommunications Association of Maryland, Delaware and the Districtof Columbia, Incorporated; North Carolina Cable Telecommunications Association; South Carolina Television Association, Amici Curiae
Date: July 16, 2001
Citation: 257 F.3d 356
In the Matter of Glen Marcus Fallin, Respondent
Date: June 29, 2001
Citation: 255 F.3d 195
Columbia Union College, Plaintiff-appellee, v. John J. Oliver, Jr., Chairman, Maryland Higher Education Commission; Edward O. Clarke, Jr., in His Official Capacity As a Member of the Maryland Higher Education Commission; Dorothy Dixon Chaney, in Her Official Capacity As a Member of the Maryland Higher Education Commission; John J. Green, in His Official Capacity and As a Member of the Maryland Higher Education Commission; Terry L. Lierman, in His Official Capacity and As a Member of the Maryland Higher Education Commission; R. Kathleen Perini; Charles B. Saunders, Jr., in His Official Capacity and As a Member of the Maryland Higher Education Commission; Richard P. Street, Jr., in His Official Capacity and As a Member of the Maryland Higher Education Commission; Stephen A. Burch; Anne Osborn Emery; Donald J. Slowinski, Defendants-appellantsandj. Glenn Beall, Jr., Honorable, in His Official Capacity As a Member of the Maryland Higher Education Commission; Donna H. Cunninghame, in Her Official Capacity As a Member of the Maryland Higher Education Commission; Jamie Kendrick, in His Official Capacity and As a Member of the Maryland Higher Education Commission; Osborne A. Payne, in His Official Capacity and As a Member of the Maryland Higher Education Commission; Maryland Higher Education Commission; Maryland Board of Public Works; J. Joseph Curran, Jr., in His Official Capacity As Attorney General of Maryland; Albert Nathaniel Whiting, in His Official Capacity and As a Member of the Maryland Higher Education Commission; William F. Howard, in His Official Capacity As Assistant Attorney General of Maryland; Terra N. Smith; Constance Cornell; Paul D. Ellis, Defendants.the American Association of University Professors; Americans United for Separation of Church and State; the Anti-defamation League; American Civil Liberties Union Foundation of Maryland; American Civil Liberties Union of the National Capital Area; Council of Religious Freedom; Seventh-day Adventist Church State Council; Northwest Religious Liberty Association; Interfaith Religious Liberty Foundation; Christian Legal Society; Union of Orthodox Jewish Congregation of America; Council for Christian Colleges and Universities;association of Catholic Colleges and Universities; American Association of Presidents of Independent Colleges and Universities, Amici Curiae
Date: June 26, 2001
Citation: 254 F.3d 496
Patricia Bragg; James W. Weekley; Sibby R. Weekley; West Virginia Highlands Conservancy; Carlos Gore; Linda Gore; Cheryl Price; Jerry Methena, Plaintiffs-appellees,andtommy Moore; Victoria Moore, Plaintiffs, v. West Virginia Coal Association;west Virginia Mining Andreclamation Association, Intervenors/defendantsappellants,anddana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District; Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers; Michael D. Gheen, Chief to the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers,huntington District; Michael C. Castle, Director, West Virginia Division of Environmental Protection, Defendants,andhobet Mining, Incorporated; Catenary Coal Company; Mingologan Coal Company; Western Pocahontas Properties Limited Partnership; National Council of Coal Lessors, Incorporated; International Union, United Mine Workers of America, Intervenors/defendants.national Mining Association; Aei Resources, Inc.; Washington Legal Foundation; Allied Educational Foundation; Interstate Mining Compact Commission; Commonwealth of Virginia; Friends of the Earth; Kentucky Resources Council, Inc., Amici Curiae.patricia Bragg; James W. Weekley; Sibby R. Weekley; West Virginia Highlands Conservancy; Carlos Gore; Linda Gore; Cheryl Price; Jerry Methena, Plaintiffs-appellees,andtommy Moore; Victoria Moore, Plaintiffs, v. Western Pocahontas Properties Limited Partnership; National Council of Coal Lessors, Incorporated, Intervenors/defendantsappellants,anddana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District; Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers; Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District; Michael C. Castle, Director, West Virginia Division of Environmental Protection, Defendants,andwest Virginia Coal Association; West Virginia Mining and Reclamation Association; Hobet Mining, Incorporated; Catenary Coal Company; Mingo-logan Coal Company; International Union, United Mine Workers of America, Intervenors/defendants.national Mining Association; Aei Resources, Inc.; Washington Legal Foundation; Allied Educational Foundation; Interstate Mining Compact Commission; Commonwealth of Virginia; Friends of the Earth; Kentucky Resources Council, Inc., Amici Curiae.patricia Bragg; James W.weekley; Sibby R. Weekley; West Virginia Highlands Conservancy; Carlos Gore; Linda Gore; Cheryl Price; Jerry Methena, Plaintiffs-appellees,andtommy Moore; Victoria Moore, Plaintiffs, v. Michael C. Castle, Director, West Virginia Division of Environmental Protection, Defendant-appellant, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District; Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers; Michael D.gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, Defendants,andwest Virginia Coal Association; West Virginia Mining and Reclamation Association; Hobet Mining, Incorporated; Catenary Coal Company; Mingo-logan Coal Company; Western Pocahontas Properties Limited Partnership; National Council of Coal Lessors, Incorporated; International Union, United Mine Workers of America, Intervenors/defendants.national Mining Association; Aei Resources, Inc.; Washington Legal Foundation; Allied Educational Foundation; Interstate Mining Compact Commission; Commonwealth of Virginia; Friends of the Earth; Kentucky Resources Council, Inc., Amici Curiae.patricia Bragg; James W. Weekley; Sibby R. Weekley; West Virginia Highlands Conservancy; Carlos Gore; Linda Gore; Cheryl Price; Jerry Methena, Plaintiffs-appellees,andtommy Moore; Victoria Moore, Plaintiffs, v. International Union, United Mine Workers of America, Intervenor/defendantappellant,anddana Robertson, Colonel, District Engineer, U.S.
Date: April 24, 2001
Citation: 248 F.3d 275
Bell Atlantic Maryland, Incorporated, Plaintiff-appellant, v. Mci Worldcom, Incorporated; American Communications Services of Maryland, Incorporated; Rcn Telecom Services of Maryland, Incorporated; Starpower Communications, Llc; Tcg Maryland; Mcimetro Access Transmission Services, Incorporated; the Public Service Commission of Maryland; Glenn F. Ivey, in His Official Capacity As Chairman of the Public Service Commission of Maryland; Claude M. Ligon, in His Official Capacity As Commissioner of the Public Service Commission of Maryland; E. Mason Hendrickson, in His Official Capacity As Commissioner of the Public Service Commission of Maryland; Susan Brogan, in Her Official Capacity As Commissioner of the Public Service Commission of Maryland; Catherinei. Riley, in Her Official Capacity As Commissioner of the Public Service Commission of Maryland, Defendants-appellees,united States of America, Intervenor/defendant-appellee,maryland Office of People's Counsel, Defendant.bell Atlantic Maryland, Incorporated, Plaintiff,andunited States of America, Intervenor/ Defendant Appellant, v. the Public Service Commission of Maryland; Glenn F. Ivey, in His Official Capacity As Chairman of the Public Service Commission of Maryland; Claude M. Ligon, in His Official Capacity As Commissioner of the Public Service Commission of Maryland; E. Mason Hendrickson, in His Official Capacity As Commissioner of the Public Service Commission of Maryland; Susan Brogan, in Her Official Capacity As Commissioner of the Public Service Commission of Maryland; Catherine I. Riley, in Her Official Capacity As Commissioner of the Public Service Commission of Maryland, Defendants-appellees,andamerican Communications Services of Maryland, Incorporated; Rcn Telecom Services of Maryland, Incorporated; Starpower Communications, Llc; Tcgmaryland; Mcimetro Access Transmission Services, Incorporated; Maryland Office of People's Counsel; Mci Worldcom, Incorporated, Defendants
Date: February 14, 2001
Citation: 240 F.3d 279
David Randall; Tamara Marshall, in Her Individual Capacity and in Her Capacity As Parent and Custodian of Shanequia Marshall, a Minor; Jerry Vance; Edward Jones; Dana Williams; Yolanda Hamlet; Jerry L. Swint; Carlos R. Marshall; Jason P. Mobley; Jermaine E. Mayhew; Stephen J. Mcabee, Plaintiffs-appellees, and John Williams; Eloise Jones; Francine C. Williams, Plaintiffs, v. Prince George's County, Maryland; James M. Silvers, Corporal; David Rosser, Corporal, Id # 1784; Stephan Ricker, Detective, # 706, Retired; F. Michael Mcquillan, Lieutenant, # 521; George A. Swope, Sergeant, # 878, Defendants-appellants, and Wayne Curry, Individually and in His Official Capacity; John Farrell, Chief, in His Official Capacity; Alphonso Hawkins, Individually and in His Official Capacity; Kenneth Bailey, Detective; Darrin Palmer, Detective; Prince George's County Police Department; Harry W. Oldfield, Iii, Pofc, Id # 2025; Steven M. Kerpelman, Corporal, Id # 1123; Colleen Mallon, Corporal, # 1499; Shirley L. Mccaffrey, Corporal, # 1221; Andrew K. Rositch, Corporal, # 1264; Keith A. Harmon, # 688, Retired; Joseph R. Hoffman, Corporal, # 1600; Kendrick Bailey # 1794; Stephen J. Berry, Corporal, # 1027; Joe B. Walker, Corporal, # 1321; John Piazza, Corporal, # 1353; Jeffrey P. Reichert, Corporal, # 31587; Kenneth O'berry, Detective, Corporal, # 1308; William B. Evartt, Corporal, # 1592; Robert Sheehan, Corporal, # 735; Edwin Robertson, Corporal, # 1233; Thomas R. Brown, Corporal, # 1064; Percel O. Alston, Corporal, # 1171; Ronald P. Ledonne, Sergeant, # 911; Clifford Holly, Captain, Individually and in His Official Capacity; Patrick Musselman, Corporal, # 1425; Roger Irvin, Corporal; Paul Evans, Sergeant, # 946; Howard Shook, Jr., Corporal, # 662; Daniel L. Husk, Captain, # 650; Ophus Robertson, Corporal, Retired; Unknown Officers, # 1-10, Defendants
Date: February 6, 2001
Citation: 302 F.3d 188