Elkanich v. Alexander

Tenth Circuit Court of Appeals

Aug. 25, 1970.

Tenth Circuit Court of Appeals · decided 1970-08-25

Cited by 3 later decisions — most recently September 1980

3 federal appellate ·

1 counsel of record

Relies on Vern Mac Thogmartin v. Warden Moseley and United States of America · Elkanich v. Alexander · 313 F. Supp. 158 - Thogmartin v. Moseley

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1970-08-25

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Appeal from the United States District Court for the District of Kansas; Arthur J. Stanley, Jr., Judge.

Richard L. Meyer, Asst. U.S. Atty., for appellee.

Before LEWIS, Chief Judge, PICKETT, Circuit Judge, and KERR, District judge.

PER CURIAM.

¶1

Appellant Elkanich was notified that the court was considering summary affirmance, and thereafter appellee filed a motion to affirm, pursuant to Rule 8 of our Revised Rules, effective January 1, 1970. Although appellant was afforded an opportunity to oppose summary affirmance, either as proposed by the court or by the appellee, he has not done so. Nonetheless, examination of the file and records in this cause prompts the conclusion that the questions presented are wholly unsubstantial and require no further argument. Accordingly, the motion of appellee is granted and the judgment of the district court is affirmed for the reasons stated in the Memorandum and Order of the district court, 315 F.Supp. 659 (D.Kan.1970).