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Message: rosesny1
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Oct 09, 2007 01:29PM

Oct 09, 2007 01:31PM
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Oct 09, 2007 02:42PM
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Oct 09, 2007 05:14PM
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Oct 09, 2007 07:33PM
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Oct 09, 2007 07:36PM

Oct 09, 2007 09:23PM

I believe appeals court decisions are binding only for those courts under that court's jurisdiction (ie if you are a 9th Circuit Court and the appeals court is the 9th Circuit Appeals Court)

That is correct. My point was that a Court of Appeals has upheld the District Court and in the event of the same facts coming before a District Court outwith that Circuit the precedent is available for guidance. Given the same facts, and the same Rules on ACP, it is difficult to see how the precedent from the other Circuit, on Appeal, would be decided differently by this District Court.

Be well


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