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Tuesday, February 06, 2007

Ind. Decisions - 7th Circuit issues two today from Indiana

In Miles Distributors v. Specialty Con (ND Ind., Judge Nuechterlein), an 18-page opinion, Judge Flaum writes:

After Specialty Construction Brands, Inc. (hereinafter “TEC”), a manufacturer of tile installation products, stopped supplying wholesale materials to Miles Distributors, Inc. (“Miles”), Miles filed suit against TEC, alleging restraint of trade in violation of the Sherman Act, 15 U.S.C. § 1, and a state law claim for interference with prospective business advantage. On February 27, 2006, the district court granted summary judgment in favor of TEC on all claims, and Miles appealed. For the following reasons, we affirm the district court’s ruling.
In USA v. Wiley, Claude (SD Ind., Judge Tinder), a 24-page opinion (including a concurrance beginning on p. 22), Judge Ripple writes:
Claude Wiley, Jr. and Tatu M. Brown were charged in a single indictment with various counts relating to a drug conspiracy. Mr. Brown subsequently entered a conditional guilty plea to a single count of conspiracy and the district court sentenced him to 188 months’ imprisonment. Mr. Wiley proceeded to trial and was convicted of a conspiracy charge and of certain distribution charges. The district court sentenced him to 395 months’ imprisonment.

Mr. Brown and Mr. Wiley timely filed these direct appeals. Mr. Brown contends that evidence obtained from a search of his home was inadmissible because the affidavit in support of the warrant did not establish probable cause. He further submits that the good faith exception to the warrant requirement is inapplicable. Mr. Wiley contends that the jury was instructed improperly as to the weight to give the testimony of Government informants who received a benefit in exchange for their testimony. For the reasons set forth in the following opinion, we affirm the convictions of both defendants.

Posted by Marcia Oddi on February 6, 2007 02:56 PM
Posted to Ind. (7th Cir.) Decisions