Legal Opinion

Villanueva v. United States

District Court, D. Arizona

Decided October 29, 2009No. CV-01-663-TUC-DCB, CV-02-323-TUC-DCBPublished

1Opinion of the Court

ORDER

DAVID C. BURY, District Judge.

A civil plenary bench trial on the three factual issues remanded by the Ninth Circuit was conducted before this Court from August 10, 2009 through August 13, 2009 with Thomas G. Cotter, Esq., appearing for Plaintiffs, and Philip D. MacWilliams, Esq., appearing for Defendant. 1 After completion of the trial, both parties submitted proposed findings of fact and conclusions of law, as well as supporting legal memoranda. Closing argument was heard by the Court on September 20, 2009. The Court now rules, as follows:

RULING

The Court finds in favor of the Defendant.…

2Cases cited26 opinions

  1. United States v. GaubertSupreme Court of the United States · 1991
  2. Berkovitz v. United StatesSupreme Court of the United States · 1988
  3. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  4. Roger Turbe v. Government of the Virgin Islands, Virgin Islands Water and Power AuthorityCourt of Appeals for the Third Circuit · 1991
  5. Myers v. United StatesCourt of Appeals for the Sixth Circuit · 1994

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