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CBC COMPANIES, INC.; CBC INNOVIS, INC.,
Plaintiffs-Appellants,
v.
EQUIFAX, INC.; EQUIFAX INFORMATION SERVICES LLC,
Defendants-Appellees.


No. 08-3261

Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 06-00654—George C. Smith, District Judge.
Argued: March 5, 2009
Decided and Filed: April 2, 2009
Before: SILER, COOK, and McKEAGUE, Circuit Judges.

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OPINION
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COOK, Circuit Judge. The Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) regulate the residentialmortgage- loan industry by requiring mortgage brokers and lenders to consider a consumer’s credit information before approving loans. Specifically, federal regulations require brokers and lenders to purchase data from each of the three nationwide consumer reporting agencies (“NCRAs”)—Experian, Ltd., TransUnion LLC, and Equifax, Inc. Plaintiffs CBC Companies, Inc. and CBC Innovis, Inc. (collectively, “CBC”) are resellers—companies that purchase consumer credit information from all three NCRAs and consolidate the data into a “tri-merged report.” As a cheaper alternative, some resellers also sell copies of tri-merged reports, or “reissues.” CBC filed this antitrust lawsuit against Equifax, Inc. and its reseller subsidiary, Equifax Information Services LLC (collectively, “Equifax”), after Equifax implemented a contractual fee that CBC alleges will restrict the ability of resellers to offer reissues. Equifax moved to dismiss the case, and CBC now appeals the district court’s grant of that motion. Because CBC failed to allege an antitrust injury and thus lacks standing, we affirm.


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LAFAWN CARTER,
Plaintiff-Appellant,
v.
FORD MOTOR COMPANY,
Defendant-Appellee.


No. 08-1082

Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 06-15285—Bernard A. Friedman, District Judge.
Argued: January 21, 2009
Decided and Filed: April 2, 2009
Before: MARTIN and COOK, Circuit Judges; WATSON, District Judge.

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OPINION
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BOYCE F. MARTIN, JR., Circuit Judge. Defendant Ford Motor Company fired LaFawn Carter in March 2005 when she did not report to work and, in Ford’s view, had not properly extended her medical leave. Carter filed a grievance and Ford agreed to reinstate her, but only as a probationary employee. In January 2006, Ford fired Carter after she was involved in a physical altercation with Ford’s labor relations supervisor. Carter then sued Ford, alleging sex discrimination and violations of the Family Medical Leave Act. The district court granted summary judgment in Ford’s favor on all counts. Carter’s appeal focuses only on her March 2005 termination, and contends that the district court erroneously concluded that her complaint did not encompass the 2005 termination. We disagree and AFFIRM the district court’s judgment.


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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JAMES EDWARD GAPINSKI,
Defendant-Appellant.


No. 08-1193

Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 04-00120—Robert Holmes Bell, District Judge.
Argued: March 10, 2009
Decided and Filed: April 2, 2009
Before: BATCHELDER, DAUGHTREY, and MOORE, Circuit Judges.

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OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. Defendant-Appellant James Edward Gapinski (“Gapinski”) pleaded guilty to one count of conspiracy to manufacture more than 100 marijuana plants, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(B)(vii). He now appeals the 120-month sentence imposed by the district court upon resentencing after we vacated his original 156-month sentence and remanded for resentencing in light of United States v. Booker, 543 U.S. 220 (2005). Gapinski argues that the district court’s sentencing determination is procedurally unreasonable because the district court failed to consider and respond to his arguments for a lower sentence. Because the record does not show that the district court considered and explained its reasons for rejecting Gapinski’s nonfrivolous argument for a lower sentence based upon substantial assistance to the government, we VACATE Gapinski’s sentence and REMAND to the district court for resentencing.


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ANTHONY BRAXTON,
Petitioner-Appellee,
v.
RICHARD GANSHEIMER, Warden,
Respondent-Appellant.


No. 07-3387

Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 04-00170—Lesley Brooks Wells, District Judge.
Argued: September 8, 2008
Decided and Filed: April 2, 2009
Before: BOGGS, Chief Judge; GIBBONS and GRIFFIN, Circuit Judges.

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OPINION
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GRIFFIN, Circuit Judge. Respondent Richard Gansheimer, Warden, appeals the order of the district court granting petitioner Anthony Braxton, an Ohio state prisoner, a conditional writ of habeas corpus pursuant to 28 U.S.C. § 2254, on the basis of Braxton’s claim that the prosecution’s exercise of a peremptory challenge during jury selection at his state court trial was racially discriminatory in violation of the Equal Protection Clause and Batson v. Kentucky, 476 U.S. 79 (1986). In granting the writ, the district court held that the Ohio courts’ decisions denying Braxton’s Batson challenge was an unreasonable application of clearly established federal law and was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding, entitling Braxton to relief under 28 U.S.C. § 2254(d)(1) and (2). For the reasons stated below, we reverse the judgment of the district court and remand the case with instructions to dismiss Braxton’s habeas petition.