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South Dakota Lawyer Search - Listings for Finch Dennis W Atty
Name: Finch Dennis W Atty
Address: 304 Main St Rapid City, SD 57701
Phone Number: 605-348-6547
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Specialties:
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Personal Injury & Property Damage Law
Business Corporation & Partnership Law
Workers Compensation, Employee Benefit & Labor Law
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Cases related to this attorney's specialties:
United States Court of Appeals for the Federal Circuit 01-1233 RIDGE RUNNER FORESTRY, Appellant, v. Ann M. Veneman, SECRETARY OF AGRICULTURE, Appellee. Terrence M. O’Connor, Law Office of Terrence M. O’Connor, of Alexandria, Virginia, argued for appellant. Maureen A. Delaney, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee. With her on the brief were Stuart Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; Mark Melnick, Assistant Director. Appealed from: Department of Agriculture Board of Contract Appeals United States Court of Appeals for the Federal Circuit 01-1233 RIDGE RUNNER FORESTRY, Appellant, v. Ann M. Veneman, SECRETARY OF AGRICULTURE, Appellee. _ DECIDED: April 18, 2002 _ Before MAYER, Chief Judge, CLEVENGER and GAJARSA, Circuit Judges. MAYER, Chief Judge. Ridge Runner Forestry appeals from the decision of the Department of Agriculture Board of Contract Appeals dismissing its cause of action for lack of jurisdiction pursuant to 41 U.S.C. §§ 601-613. Ridge Runner Forestry v. Sec’y of Agric., AGBCA No. 2000-161-1 (Feb. 13, 2001). Because no contract had been formed, we affirm the board’s decision. Background Ridge Runner Forestry is a fire protection company located in the Pacific Northwest. In response to a request for quotations ("RFQ") issued by the Forestry Service, Ridge Runner submitted a proposal and ultimately signed a document entitled Pacific Northwest Interagency Engine Tender Agreement ("Tender Agreement"). The Tender Agreement incorporated the RFQ in its entirety, including the following two provisions in bold faced lettering:...
RIOGRANDE UNDERWRITE v PITTS FARMS INC IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-40823 Summary Calendar RIO GRANDE UNDERWRITERS, INC., Plaintiff-Appellant, versus PITTS FARMS, INC., Defendant-Appellee. Appeal from the United States District Court for the Southern District of Texas _ December 18, 2001 Before REAVLEY, HIGGINBOTHAM and WIENER, Circuit Judges. REAVLEY, Circuit Judge: Rio Grande Underwriters, Inc. (Rio Grande) appeals the district court's order dismissing, for lack of subject matter jurisdiction, its petition for a stay and order compelling arbitration. For the reasons that follow we AFFIRM. Pitts Farms, an onion grower, filed suit in state court alleging state law claims against Rio Grande for its failure to procure the right crop insurance coverage on Pitts' behalf.(1) When Pitts Farms sustained losses to its onion crop, it found that the insurance policy in place failed to designate its red and yellow onions into separate units. According to Pitts Farms, the failure to designate the onion types as separate insurable units as permitted by federal regulations prevented Pitts from fully recovering for its losses. Rio Grande seeks to avoid the litigation in state court by enforcing arbitration provisions in its contracts with Pitts Farms. Unable to obtain relief in state court, Rio Grande filed a petition in federal court requesting a stay and order compelling arbitration. Such relief is available in federal district court under the Federal Arbitration Act (FAA) only if the court would have had subject matter jurisdiction over the underlying civil action. 9 U.S.C. § 4. Although Rio Grande has suggested numerous bases for jurisdiction, the district court properly found them to be without merit. First, Rio Grande argues that because its contracts with Pitts Farms relate to interstate commerce, it follows that the FAA applies and that the case may therefore be heard in federal c...
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT -* EARL C. MCDANIELS, Plaintiff-Appellant, v.No. 01-2086 UNITED STATES OF AMERICA, Defendant-Appellee. -* -* RANDOLPH F. LOVETT, Plaintiff-Appellant, v.No. 01-2087 UNITED STATES OF AMERICA, Defendant-Appellee. -* -* ALTON E. BROWN, JR., Plaintiff-Appellant, v.No. 01-2088 UNITED STATES OF AMERICA, Defendant-Appellee. -* Appeals from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, District Judge. (CA-00-1482-4-12, CA-00-2053-4-12, CA-00-2054-4-12) Argued: May 7, 2002 Decided: July 29, 2002 Before WILKINSON, Chief Judge, and NIEMEYER and LUTTIG, Circuit Judges. Affirmed by published opinion. Judge Niemeyer wrote the majority opinion, in which Chief Judge Wilkinson joined. Judge Luttig wrote a dissenting opinion. _ COUNSEL ARGUED: Keith Moss Babcock, LEWIS, BABCOCK & HAW- KINS, L.L.P., Columbia, South Carolina, for Appellants. John Berk- ley Grimball, II, Assistant United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: James H. Renfrow, Jr., Dillon, South Carolina, for Appellants. J. Strom Thurmond, Jr., United States Attorney, Columbia, South Carolina, for Appellee. _ OPINION NIEMEYER, Circuit Judge: The Secretary of Agriculture denied the applications of farmers Earl McDaniels, Randolph Lovett, and Alton Brown for livestock disaster relief because each farmer's 1997 gross revenue exceeded $2.5 million, making him ineligible for assistance under applicable Department of Agriculture regulations. In this action, brought under the Administrative Procedure Act, the farmers challenge these regula- tions, contending that they are arbitrary and capricious because gross revenue is defined to include pass-through funds - in this case, sales of bailment tobacco - in which the farmers had no interest. The district court held that the applicable regulations were "reason- ab...
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