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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MIKLOS KONTROL,
Defendant-Appellant.


No. 08-1185

Appeal from the United States District Court
for the Western District of Michigan at Kalamazoo.
No. 00-00082-001—Paul Lewis Maloney, Chief District Judge.
Argued: January 16, 2009
Decided and Filed: February 12, 2009
Before: SUHRHEINRICH, BATCHELDER, and SUTTON, Circuit Judges.

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OPINION
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SUTTON, Circuit Judge. Miklos Kontrol appeals the district court’s decision revoking his supervised release and imposing a 15-month prison sentence. We affirm.


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JARRETT HAMILTON,
Plaintiff-Appellant,
v.
GENERAL ELECTRIC COMPANY,
Defendant-Appellee.


No. 08-5023

Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 06-00659—Thomas B. Russell, District Judge.
Argued: October 22, 2008
Decided and Filed: February 12, 2009
Before: MOORE, GRIFFIN, and BRIGHT, Circuit Judges.

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OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. Plaintiff-Appellant, Jarrett Hamilton (“Hamilton”), appeals the district court’s grant of summary judgment to defendantappellee General Electric Company (“GE”). Hamilton, a former GE employee, alleges that he was terminated in retaliation for having filed an age-discrimination claim against GE with the Equal Employment Opportunity Commission (“EEOC”), and he appeals dismissal of claims he brought under the Kentucky Civil Rights Act. Ky. Rev. Stat. Ann. § 344.280(1).

We REVERSE the district court’s grant of summary judgment and REMAND for further proceedings consistent with this opinion.


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IBRAHIM ALI KOUSSAN,
Petitioner,
v.
ERIC H. HOLDER, JR.,
Respondent.


No. 07-4107

On Petition for Review from an
Order of the Board of Immigration Appeals.
No. A35 977 071.
Submitted: October 30, 2008
Decided and Filed: February 12, 2009
Before: MARTIN, DAUGHTREY, and KETHLEDGE, Circuit Judges.

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OPINION
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MARTHA CRAIG DAUGHTREY, Circuit Judge. Petitioner Ibrahim Ali Koussan appeals from the denial of his request for a waiver of inadmissibility following the administrative determination that he should be removed to Lebanon, his native country. Before this court, Koussan contends that the denial of the waiver under the now-repealed section 212(c) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1182(c) (1994), was an unconstitutional denial of equal protection and due process and, alternatively, was based upon the erroneous conclusion that applicable statutes did not contain a ground of exclusion that was comparable to the ground on which the petitioner’s order of removal was based.1 Koussan further asserts that the Board of Immigration Appeals (BIA) erred by designating only a single member – rather than a three-member panel – to hear the administrative appeal. For the reasons set out below, we find these issues to be without merit and, therefore, deny the petition for review.


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RICHLAND BOOKMART, INC. d/b/a TOWN AND COUNTRY BOOKSTORE; KNOXVILLE ADULT VIDEO SUPERSTORE, INC.; and GREG TURNER, d/b/a RAYMOND’S PLACE,
Plaintiffs-Appellants/
Cross-Appellees,
v.
KNOX COUNTY, TENNESSEE,
Defendant-Appellee/
Cross-Appellant.


Nos. 07-6469; 08-5036

Appeal from the United States District Court
for the Eastern District of Tennessee at Knoxville.
No. 05-00229—Thomas W. Phillips, District Judge.
Argued: December 11, 2008
Decided and Filed: February 12, 2009
Before: BOGGS, Chief Judge; KETHLEDGE, Circuit Judge; and THAPAR, District Judge.

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OPINION
_________________________

BOGGS, Chief Judge. Three sexually oriented businesses, Richland Bookmart, Inc., Adult Video Superstore, Inc., and Raymond’s Place filed suit to challenge the constitutionality of a Knox County Ordinance that establishes licensing requirements and regulations for sexually-oriented businesses. Plaintiffs attacked several provisions of the Ordinance, on the theory that the Ordinance is unconstitutional as applied to them and on its face. Upon motions by both parties, the district court granted summary judgment in favor of Knox County and denied Plaintiffs' motion for partial summary judgment, with one small exception: the court ordered the severance of two crimes, “racketeering” and “dealing in controlled substances,” from the list of crimes that triggered the Ordinance’s civil disability provision. Plaintiffs’ appeal raises four main issues. First, Plaintiffs claim that the Ordinance is an unconstitutional infringement on First Amendment freedoms that is not justified by adequate evidence that local sexually oriented businesses produce adverse “secondary effects” or that the Ordinance is designed to remedy such effects. Second, Plaintiffs claim that the definitions of “nudity,” “semi-nudity,” and “adult motel,” as well as the prohibition on the sale and consumption of alcohol are not narrowly tailored and are unconstitutionally overbroad. Third, they claim that the Ordinance enacts an unconstitutional prior restraint. Fourth, they claim that the Ordinance’s regulation of business hours is preempted by Tennessee law. Knox County cross-appeals, arguing that the district court erroneously ordered the severance of “racketeering” and “dealing in controlled substances” from the Ordinance’s civil disability provision. With regard to the issues presented by Plaintiffs’ appeal, we affirm the district court’s decision; with regard to the cross-appeal, we reverse the order to sever.


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STEPHEN EGERER, et al.,
Plaintiffs-Appellants,
v.
WOODLAND REALTY, INC., et al.,
Defendants-Appellees.


No. 08-1173

Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 06-00789—Richard A. Enslen, District Judge.
Argued: October 29, 2008
Decided and Filed: February 12, 2009
Before: MARTIN and GILMAN, Circuit Judges; DOWD, Senior District Judge.

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OPINION
_________________________

DOWD, Senior District Judge. Plaintiffs Stephen Egerer, Stephanie Egerer, and Kathy Boyink brought this putative class action suit against defendants Woodland Realty, Inc., Woodland Title Agency, LLC, Chicago Title Insurance Company, and Chicago Title of Michigan, Inc., alleging that defendants violated the Real Estate Settlement and Procedures Act of 1974, 12 U.S.C. § 2601, et seq. (“RESPA”), by paying and receiving unlawful referral fees for title insurance business. The district court granted summary judgment in favor of the defendants and the plaintiffs now appeal. For the reasons set forth below, we affirm the judgment of the district court.