Category: First Circuit Court of Appeals Opinions

The HAVERHILL GAZETTE COMPANY, Appellant, v. UNION LEADER CORPORATION, Appellee. UNION LEADER CORPORATION, Appellant, v. The HAVERHILL GAZETTE COMPANY, Appellee. Nos. 6175, 6191.United States Court of Appeals, First Circuit. July 6, 1964. Page 809 Robert H. Goldman, Lowell, Mass., with whom Frank Goldman, Lowell, Mass., Joseph F. Bacigalupo, Lawrence, Mass., and Goldman, Goldman Curtis, Lowell, […]

SOUTHEX EXHIBITIONS, INC., Plaintiff, Appellant, v. RHODE ISLAND BUILDERS ASSOCIATION, INC., Defendant, Appellee. No. 01-1132.United States Court of Appeals, First Circuit.Heard September 5, 2001. Decided February 8, 2002. Appeal from the United States District Court for the District of Rhode Island, Ernest C. Torres, Chief District Judge. Page 95 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

UNITED STATES OF AMERICA, APPELLANT, v. KENNETH S. HASTINGS, DEFENDANT, APPELLEE. No. 87-1782.United States Court of Appeals, First Circuit.Heard January 4, 1988. Decided May 17, 1988. Rehearing and Suggestion for Rehearing In Banc Denied; Mandate Constructively Recalled and Constructively Reissued June 21, 1988. Patty Merkamp Stemler, Appellate Section, Crim. Div. Dept. of Justice, Washington, D.C., […]

Hany ATTIA, Petitioner, v. Alberto R. GONZALES, United States Attorney General, Respondent. No. 06-1065.United States Court of Appeals, First Circuit.Submitted January 12, 2007. Decided February 16, 2007. Page 22 Saher J. Macarius, Audrey Botros and Law Offices of Saher J. Macarius on brief for petitioner. Page 23 Peter D. Keisler, Assistant Attorney General, Terri J. […]

BRUCE D. WELLMAN, PETITIONER, APPELLANT, v. STATE OF MAINE, RESPONDENT, APPELLEE. No. 91-1944.United States Court of Appeals, First Circuit.Heard January 6, 1992. Decided February 26, 1992. David P. Silk with whom Curtis Thaxter Stevens Broder Micoleau was on brief, Portland, Me., for petitioner, appellant. Joseph A. Wannemacher, Asst. Atty. Gen., Crim. Div., with whom Michael […]

JOANNE ALINOVI, PLAINTIFF, APPELLANT, v. WORCESTER SCHOOL COMMITTEE, ET AL., DEFENDANTS, APPELLEES. No. 84-1172.United States Court of Appeals, First Circuit.Argued August 18, 1984. June 28, 1985. As Amended December 6, 1985. Page 777 Darragh K. Kasakoff, Worcester, Mass., with whom Seder Chandler, Worcester, Mass., was on brief, for plaintiff, appellant. James A. Toomey, Braintree, Mass., […]

LOCAL NO. 149 OF The AMERICAN FEDERATION OF TECHNICAL ENGINEERS (AFL), Plaintiff, Appellant, v. GENERAL ELECTRIC COMPANY, Defendant, Appellee. No. 5201.United States Court of Appeals, First Circuit.Heard October 3, 1957. Decided December 16, 1957. Page 923 Arthur J. Flamm, Boston, Mass., with whom Robert M. Segal, Boston, Mass., was on brief, for appellant. Warren F. […]

UNITED STATES, Appellee, v. ALBERT KENRICK, Defendant, Appellant. UNITED STATES, Appellee, v. DEREK OBER, Defendant, Appellant. No. 98-1282, No. 98-1283United States Court of Appeals, First Circuit.Heard September 14, 1999. Decided August 2, 2000. APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Douglas P. Woodlock, U.S. District Judge]. Page 20 [EDITORS’ […]

UNITED STATES of America, Appellee, v. William OLIVERO, Defendant, Appellant. No. 07-1587.United States Court of Appeals, First Circuit. Heard December 1, 2008. Decided January 9, 2009. Page 35 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 36 Daniel Klubock with whom Feinberg […]

UNITED STATES OF AMERICA, APPELLEE, v. NICHOLAS ANTHONY MOCCIA, DEFENDANT, APPELLANT. No. 81-1532.United States Court of Appeals, First Circuit.Argued April 9, 1982. Decided June 16, 1982. Page 62 John A. Macoul, Lawrence, Mass., by appointment of the Court, for appellant. Helen J. Forsyth, Asst. U.S. Atty., Concord, N.H., with whom W. Stephen Thayer, III, U.S. […]

ROBERT S. CREAMER, ET AL., PLAINTIFFS, APPELLANTS, v. RICHARD B. DANKS, ETC., DEFENDANT, APPELLEE. No. 88-1392.United States Court of Appeals, First Circuit. December 5, 1988. Edward R. Benjamin, Jr., with whom Jonathan S. Piper and Preti, Flaherty, Beliveau Pachios, Portland, Me., were on brief, for plaintiffs, appellants. Lawrence S. Delaney with whom Jeffrey M. White […]

NOAH GREENSPUN, PLAINTIFF-APPELLEE, v. EUGENE F. BOGAN ET AL., DEFENDANTS-APPELLEES (TWO CASES). APPEAL OF JOSEPH STEIR. APPEAL OF MORGAN GUARANTY TRUST COMPANY OF NEW YORK. Nos. 73-1303, 73-1304.United States Court of Appeals, First Circuit.Argued January 8, 1974. Decided February 22, 1974. Page 376 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

SMITH WESSON, DIVISION OF BANGOR PUNTA CORPORATION, APPELLANT, v. UNITED STATES OF AMERICA, AND JOHN O. MARSH, JR., SECRETARY OF THE ARMY, APPELLEES. No. 85-1697.United States Court of Appeals, First Circuit.Argued December 5, 1985. Decided February 4, 1986. Rehearing and Rehearing En Banc Denied March 4, 1986. Page 1075 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

Walter LOGAN, Plaintiff, Appellant, v. EMPRESA LINEAS MARITIMAS ARGENTINAS et al., Appellees. JARKA CORPORATION OF NEW ENGLAND, Third-Party Defendant, Appellant, v. EMPRESA LINEAS MARITIMAS ARGENTINAS, Third-Party Plaintiff, Appellee. Nos. 6536, 6546.United States Court of Appeals, First Circuit. December 9, 1965. Page 374 Nathan Greenberg, Boston, Mass., for Walter Logan. Robert J. Hallisey and Hiller B. […]

UNITED STATES OF AMERICA, APPELLANT, v. OSVALDO RODRIGUEZ-MORALES, DEFENDANT, APPELLEE. No. 90-1955.United States Court of Appeals, First Circuit.Heard February 4, 1991. Decided March 27, 1991. Page 781 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 782 Sean Connelly, Atty., U.S. Dept. of […]

ALFRED WILSON ET AL., PLAINTIFFS, APPELLEES, v. NOOTER CORPORATION, DEFENDANT AND THIRD-PARTY PLAINTIFF, APPELLANT, v. THE H. K. FERGUSON COMPANY, THIRD-PARTY DEFENDANT, APPELLEE. No. 72-1308.United States Court of Appeals, First Circuit.Heard December 6, 1972. Decided March 13, 1973. Page 498 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

SAN FRANCISCO REAL ESTATE INVESTORS, PLAINTIFF, APPELLANT, v. REAL ESTATE INVESTMENT TRUST OF AMERICA, ET AL., DEFENDANTS, APPELLEES. SAN FRANCISCO REAL ESTATE INVESTORS, PLAINTIFF, APPELLEE, v. REAL ESTATE INVESTMENT TRUST OF AMERICA, DEFENDANT, APPELLEE. UNICORP AMERICAN CORPORATION, ET AL., DEFENDANTS, APPELLANTS. Nos. 82-1853, 82-1865.United States Court of Appeals, First Circuit.Argued January 7, 1983. Decided March […]

UNITED STATES of America, Appellee, v. Elvin GOMEZ, Defendant, Appellant. No. 00-2249.United States Court of Appeals, First Circuit.Submitted June 1, 2001. Decided July 6, 2001. Appeal from the United States District Court for the District of Massachusetts, Michael A. Ponsor, J. Page 32 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

UNITED STATES OF AMERICA, APPELLEE, v. DARRELL G. HAFEN, DEFENDANT, APPELLANT. No. 83-1156.United States Court of Appeals, First Circuit.Argued December 8, 1983. Decided February 1, 1984. Certiorari Denied April 30, 1984. Page 22 Owen S. Walker, Boston, Mass., for defendant, appellant. Brackett B. Denniston, III, Asst. U.S. Atty., Boston, Mass., with whom William F. Weld, […]

KEENE v. KELLEY (two cases). Nos. 2542, 2543.Circuit Court of Appeals, First Circuit. May 16, 1931. Page 875 Appeals from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Cross-actions by Thomas G. Kelley against Charles A. Keene and by Charles A. Keene against Thomas G. Kelley. From […]

GE SUPPLY, THE UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF THE GE SUPPLY, A DIVISION OF GENERAL ELECTRIC COMPANY, PLAINTIFF, APPELLEE, v. C G ENTERPRISES, INC., AMERICAN INSURANCE COMPANY, DEFENDANTS, APPELLANTS. No. 99-1571United States Court of Appeals, First Circuit.Heard November 5, 1999. Decided May 2, 2000. APPEAL FROM THE UNITED STATES DISTRICT […]

GEORGE MORAN, PLAINTIFF, APPELLANT, v. GEORGE VOSE, ETC., ET AL., DEFENDANTS, APPELLEES. No. 86-1698.United States Court of Appeals, First Circuit.Submitted February 5, 1987. Decided April 22, 1987. Page 36 George Moran, on brief pro se. Appeal from the United States District Court for the District of Massachusetts. Before CAMPBELL, Chief Judge, BREYER and SELYA, Circuit […]

VASCULAR SOLUTIONS, INC., Plaintiff, Appellee, v. MARINE POLYMER TECHNOLOGIES, INC., Defendant, Appellant. No. 08-1911.United States Court of Appeals, First Circuit.Heard February 4, 2009. Decided December 23, 2009. Appeal from the United States District Court for the District of Massachusetts, Rya W. Zobel, J. Page 57 Peter D. Vogl with whom Todd R. Geremia and Jones […]

Alan I. SILBERBERG, Petitioner, Appellant, v. Commanding Officer, Col. Albert W. WILLIS et al., Respondents, Appellees. No. 7500.United States Court of Appeals, First Circuit.Heard January 5, 1970. Decided January 6, 1970. Page 663 Harvey A. Silverglate, Boston, Mass., for appellant. Stanislaw R.J. Suchecki, Asst. U.S. Atty., with whom Herbert F. Travers, Jr., U.S. Atty., was […]

GALLARDO, Commissioner of Education, v. GONZALEZ No. 3943.Circuit Court of Appeals, First Circuit. July 28, 1944. Appeal from the Supreme Court of Puerto Rico. Petition for mandamus by Rafael A. Gonzalez against Jose M. Gallardo, Commissioner of Education of Puerto Rico, to compel respondent to reinstate petitioner in his former office of Assistant Superintendent of […]

Pablo ACOSTA, Plaintiff, Appellant, v. UNITED STATES MARSHALS SERVICE, et al., Defendants, Appellees. No. 05-1733.United States Court of Appeals, First Circuit.Heard February 7, 2006. Decided April 19, 2006. Appeal from the United States District Court for the District of New Hampshire, George Z. Singal, J.[*] [*] Of the District of Maine, sitting by designation. Page […]

UNITED STATES OF AMERICA, Appellee, v. LANCER SCOTT GONDEK, Defendant, Appellant. No. 95-1065United States Court of Appeals, First Circuit.Heard June 5, 1995 Decided September 6, 1995 James S. Hewes, by Appointment of the Court, for appellant. F. Mark Terison, Assistant United States Attorney, with whom Jay P. McCloskey, United States Attorney, and Jonathan R. Chapman, […]

DENARO v. MARYLAND BAKING CO. No. 2370.Circuit Court of Appeals, First Circuit. October 25, 1929. Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Jr., Judge. Suit by the Maryland Baking Company against James Denaro. Decree for plaintiff, and defendant appeals. Decree vacated, and case remanded. Jesse […]

WEBSTER v. BOWLES et al. No. 4807.United States Court of Appeals, First Circuit. June 7, 1954. Page 418 Laszlo Kormendi, New York City (Bartholomew A. Brickley, Howard W. Cole, Brickley, Sears Cole, Boston, Mass., and Graustein Kormendi, New York City, on brief), for appellant. Robert W. Meserve, Boston, Mass. (Arthur T. Garvey, Springfield, Mass., and […]

COMMISSIONER OF INTERNAL REVENUE v. BEEBE. No. 2802.Circuit Court of Appeals, First Circuit. November 21, 1933. Appeal from the Board of Tax Appeals. Petition by the Commissioner of Internal Revenue opposed by Junius Beebe, Trustee, to review a decision of the United States Board of Tax Appeals. Order of the Board of Tax Appeals affirmed. […]

HAYMARKET VETERANS UNIFORM COMPANY, Defendant, Appellant, v. UNITED STATES of America, Plaintiff, Appellee. No. 6374.United States Court of Appeals, First Circuit. November 23, 1964. Page 699 Newton H. Levee, Boston, Mass., with whom Lawrence R. Cohen, Boston, Mass., was on brief, for appellant. Paul A.M. Hunt, Asst. U.S. Atty., with whom W. Arthur Garrity, Jr., […]

NORTHEASTERN LAND SERVICES, LTD. d/b/a The NLS Group, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner. No. 08-1878.United States Court of Appeals, First Circuit.Heard January 5, 2009. Decided March 13, 2009. Appeal from the review of National Labor Relations Board’s (NLRB). Page 37 Richard D. Wayne with whom Hinckley, Allen Snyder LLP was on brief for […]

Sergio Armando ARAGONMUNOZ, Petitioner, v. Michael B. MUKASEY, Attorney General,[*] Respondent. No. 06-2776.United States Court of Appeals, First Circuit.Submitted January 7, 2008. Decided March 21, 2008. [*] Pursuant to Fed.R.App.P. 43(c)(2), Attorney General Michael B. Mukasey has been substituted for former Attorney General Alberto R. Gonzales as the respondent herein. Page 83 Christopher J. Stender […]

00-2521 GRAPHIC COMMUNICATIONS INTERNATIONAL UNION, LOCAL 12-N and Graphic Communications International Union, Local 239-M, Plaintiffs, Appellants, v. QUEBECOR PRINTING PROVIDENCE, INC. and Quebecor Printing (USA) Corp., Defendants, Appellees. Nos. 00-2127, 00-2521.United States Court of Appeals, First Circuit.Heard July 31, 2001. Decided October 25, 2001. Appeal from the United States District Court for the District of […]

CELIA WYZIK, PLAINTIFF, APPELLANT, v. THE EMPLOYEE BENEFIT PLAN OF CRANE CO., STEPHEN R. FREY, PLAN ADMINISTRATOR, DEFENDANT, APPELLEE. No. 81-1418.United States Court of Appeals, First Circuit.Submitted July 31, 1981. Decided November 9, 1981. As Amended on Denial of Rehearing December 9 and December 11, 1981. Joel Pentlarge, Ware, Mass., on brief for plaintiff, appellant. […]

VICTOR DeCOSTA, PLAINTIFF-APPELLEE, v. COLUMBIA BROADCASTING SYSTEM, INC., ET AL., DEFENDANTS-APPELLANTS. No. 74-1391.United States Court of Appeals, First Circuit.Argued March 5, 1975. Decided June 24, 1975. Certiorari Denied January 19, 1976. Page 500 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 501 […]

FIREMAN’S INSURANCE CO. OF NEWARK, NEW JERSEY, Plaintiff, Appellee, v. TODESCA EQUIPMENT CO., INC., Todesca Equipment Company, Power Line, Inc., Rhode Island Sand Gravel Co., Inc., East Providence Asphalt Concrete Co., Albert M. Todesca, Thomas Russo, Charles Todesca and Paul Todesca, Defendants, Appellants. No. 02-1006.United States Court of Appeals, First Circuit.Heard September 13, 2002. Decided […]

TAYLOR-LOGAN CO. v. WHITE, Collector of Internal Revenue. No. 2812.Circuit Court of Appeals, First Circuit. June 15, 1933. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Action by the Taylor-Logan Company against Thomas W. White, Collector of Internal Revenue. Judgment for defendant, and plaintiff appeals. […]

ARTHUR D’AMARIO, III, PLAINTIFF, APPELLANT, v. BUTLER HOSPITAL, ET AL., DEFENDANTS, APPELLEES. No. 90-1431.United States Court of Appeals, First Circuit.Submitted August 30, 1990. Decided December 10, 1990. Page 9 Arthur D’Amario, III, on brief, pro se. Alan R. Tate and Tate Elias, Providence, R.I., on brief for defendant, appellee Eliot Barron. M.D. and Ruth Di […]

Juan Antonio MONTERO-UBRI, Petitioner, Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent, Appellee. No. 00-1133.United States Court of Appeals, First Circuit.Submitted September 27, 2000. Decided October 6, 2000. ON PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Page 320 William E. Graves, Jr. and Desai Graves on brief for appellant. Joan E. […]

UNITED STATES OF AMERICA, APPELLEE, v. WILLIAM MARTIN, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. JAMES REKRUT, DEFENDANT, APPELLANT. Nos. 85-1985, 86-1152, 86-1072 and 86-1073.United States Court of Appeals, First Circuit.Argued September 11, 1986. Decided April 6, 1987. Page 819 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

PARKER v. UNITED STATES et al. (two cases). Nos. 3695, 3706.Circuit Court of Appeals, First Circuit. February 3, 1942. Rehearing Denied March 16, 1942. Page 371 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 372 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

AMERICA LAND CO. v. CITY OF KEENE. No. 2444.Circuit Court of Appeals, First Circuit. June 5, 1930. Page 485 Appeal from the District Court of the United States for the District of New Hampshire; George F. Morris, Judge. Suit by the America Land Company against the City of Keene. The District Court dismissed the bill […]

LEROY H. JOHNSON, JR., PLAINTIFF, APPELLANT, v. ALEX RODRIGUEZ, ETC., ET AL., DEFENDANTS, APPELLEES. No. 91-1237.United States Court of Appeals, First Circuit.Submitted June 7, 1991. Decided August 23, 1991. Rehearing and Rehearing En Banc Denied October 9, 1991. Page 105 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

SMYTH v. BROWN. No. 2223.Circuit Court of Appeals, First Circuit. May 31, 1928. Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. In the matter of the receivership of the Luxor Cab Manufacturing Corporation, La Rue Brown, ancillary receiver. From a decree denying priority to the […]

DISTRIGAS OF MASSACHUSETTS CORPORATION AND DISTRIGAS CORPORATION, PETITIONERS, v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT. BOSTON GAS COMPANY, ET AL., INTERVENORS. DISTRIGAS OF MASSACHUSETTS CORPORATION AND DISTRIGAS CORPORATION, PETITIONERS, v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT. BOSTON GAS COMPANY, INTERVENOR. BOSTON GAS COMPANY, PETITIONER, v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT. BAY STATE GAS COMPANY, ET AL., INTERVENORS. […]

WILLIAM B. SMITH, PLAINTIFF, APPELLANT, v. MASSACHUSETTS INSTITUTE OF TECHNOLOGY, ET AL., DEFENDANTS, APPELLEES. No. 88-1654.United States Court of Appeals, First Circuit.Heard May 1, 1989. Decided June 22, 1989. As Amended June 27, 1989. Page 1107 Scott A. Lathrop, P.C., for plaintiff, appellant. Estelle D. Franklin, Charles A. Shanor, Gen. Counsel, Gwendolyn Young Reams, Washington, […]

UNITED STATES OF AMERICA, APPELLEE, v. WILLIAM T. MARLER, DEFENDANT, APPELLANT. No. 84-1272.United States Court of Appeals, First Circuit.Argued January 8, 1985. Decided March 8, 1985. Page 207 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 208 Kathleen A. Bryan, Boston, Mass., […]

UNITED STATES OF AMERICA, APPELLEE, v. HAROLD J. McMAHON, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. RICHARD H. MILES, DEFENDANT, APPELLANT. Nos. 88-1187, 88-1188.United States Court of Appeals, First Circuit.Heard October 6, 1988. Decided November 9, 1988. Page 9 Stanley W. Brown, Jr., Belfast, Me., and Peter K. Mason, Searsport, Me., with whom Brown […]

ESCOLASTICA DaSILVA, ETC., ET AL., PLAINTIFFS, APPELLEES, v. AMERICAN BRANDS, INC., ET AL., DEFENDANTS, APPELLEES. USM CORPORATION, DEFENDANT, APPELLANT. ESCOLASTICA DaSILVA, ETC., ET AL., PLAINTIFFS, APPELLEES, v. AMERICAN BRANDS, INC., ET AL., DEFENDANTS, APPELLEES. USM CORPORATION, THIRD-PARTY PLAINTIFF, APPELLANT. Nos. 87-1204, 87-1205.United States Court of Appeals, First Circuit.Heard October 7, 1987. Decided April 21, 1988. […]

JUANITA QUEIPO, ETC., PLAINTIFFS, APPELLEES, v. PRUDENTIAL BACHE SECURITIES, INC., DEFENDANT, APPELLANT. Nos. 88-1685, 88-2050.United States Court of Appeals, First Circuit. February 9, 1989. Page 722 Appeal from the United States District Court for the District of Puerto Rico. Before CAMPBELL, Chief Judge, TORRUELLA and SELYA, Circuit Judges. [1] MEMORANDUM AND ORDER [2] Appellant has […]

DOOLEY et al. v. FRITZ. No. 2474.Circuit Court of Appeals, First Circuit. November 26, 1930. Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Jr., Judge. Suit by Charles Dooley and another against Mina E. Fritz. From a decree referring the case to a special master and […]

Donna CUSSON, Plaintiff, Appellant, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON; and The Fleetboston Financial Corporation Long-Term Disability Plan, Defendants, Appellees. No. 08-2381.United States Court of Appeals, First Circuit.Heard September 15, 2009. Decided January 14, 2010. Appeal from the United States District Court for the District of Massachusetts, 2008 WL 4457862, George A. O’Toole, J. […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. STEVEN McGILL, DEFENDANT, APPELLANT. No. 91-1588.United States Court of Appeals, First Circuit.Heard November 7, 1991. Decided December 19, 1991. David N. Cicilline, Providence, R.I., for defendant, appellant. Marie K. McElderry, Atty., U.S. Dept. of Justice, with whom John R. Dunne, Asst. Atty. Gen., David K. Flynn, Atty., U.S. […]

Tito Ibrahim Barsoum ISHAK, Petitioner, v. Alberto R. GONZALES,[*] Attorney General, Respondent. Tito Ibrahim Barsoum Ishak, Petitioner, Appellant, v. Alberto R. Gonzales, Attorney General, et al., Respondents, Appellees. Nos. 03-2736, 04-1138.United States Court of Appeals, First Circuit.Heard March 7, 2005. Decided September 6, 2005. [*] Alberto Gonzales was sworn in as Attorney General of the […]

PILGRIM BADGE LABEL CORP., PLAINTIFF, APPELLANT, v. ALFRED A. BARRIOS, DEFENDANT, APPELLEE. No. 88-1365.United States Court of Appeals, First Circuit.Submitted July 7, 1988. Decided September 8, 1988. As Amended October 4, 1988. John M. Skenyon, Charles Hieken, and Fish Richardson, Boston, Mass., on brief, for plaintiff, appellant. Eliot G. Disner, Andra M. Finkel, Disner Law […]

JONES MOTOR COMPANY, INC., PLAINTIFF, APPELLANT, v. CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL UNION NO. 633 OF NEW HAMPSHIRE, ETC., ET AL., DEFENDANTS, APPELLEES. No. 81-1341.United States Court of Appeals, First Circuit.Argued October 7, 1981. Decided February 19, 1982. Page 39 Philip J. Moss, Boston, Mass., with whom Morgan, Brown, Kearns Joy, Boston, Mass., was on […]

UNITED STATES of America, Appellee, v. Victor MILIANO, Defendant, Appellant. No. 05-2746.United States Court of Appeals, First Circuit.Heard March 6, 2007. Decided March 28, 2007. Appeal from the United States District Court for the District of Puerto Rico, Salvador E. Casellas, Senior District Judge. Jorge E. Rivera-Ortíz, by appointment of the court, for appellant. Germán […]

INTERNATIONAL STRATEGIES GROUP, LTD., Plaintiff, Appellant, v. GREENBERG TRAURIG, LLP, A. John Pappalardo, and Eckert, Seatnans, Cherin Mellott, LLC, Defendants, Appellees. No. 06-1790.United States Court of Appeals, First Circuit.Heard December 6, 2006. Decided March 30, 2007. Appeal from the United States District Court for the District of Massachusetts, Rya W. Zobel, J. Page 2 [EDITORS’ […]

PUERTO RICO RY. LIGHT POWER CO. v. UNITED STATES. No. 3801.Circuit Court of Appeals, First Circuit. November 27, 1942. Page 492 Appeal from the District Court of the United States for Puerto Rico; Cooper, Judge. Condemnation proceeding by the United States of America against Puerto Rico Railway Light Power Company. From a judgment decreeing title […]

UNITED STATES of America, Appellee, v. Kurt H. THOMPSON, Defendant, Appellant. No. 05-1824.United States Court of Appeals, First Circuit.Heard March 6, 2006. Decided June 7, 2006. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, J. Page 268 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

UNITED STATES of America, Appellee, v. Walter J. MOLAK, Jr., Defendant, Appellant. No. 00-2200.United States Court of Appeals, First Circuit.Submitted November 19, 2001. Decided January 9, 2002. Appeal from the United States District Court for the District of Rhode Island, Ernest C. Torres, J. Page 46 Michael J. Lepizzera, Jr. on brief for appellant. Margaret […]

NATIONAL ORGANIZATION FOR MARRIAGE, Plaintiff, Appellant/Cross-Appellee, Page 35 American Principles in Action, Plaintiff, v. Walter F. McKEE, in his official capacity as member of the Commission on Governmental Ethics and Election Practices, et al., Defendants, Appellees/Cross-Appellants, Matthew Dunlap, in his official capacity as Secretary of the State of Maine, Defendant. Nos. 10-2000, 10-2049.United States Court […]

Willard R. JERNBERG, Plaintiff, Appellant, v. Sally E. MANN, Defendant, Appellee. No. 03-1303.United States Court of Appeals, First Circuit.Heard October 8, 2003. Decided February 19, 2004. Appeal from the United States District Court for the District of Massachusetts, Charles B. Swartwood, III, United States Magistrate Judge. Page 132 Franklin H. Levy with whom Eve M. […]

UNITED STATES, APPELLEE, v. ANTHONY SERINO, DEFENDANT, APPELLANT. No. 97-2217.United States Court of Appeals, First Circuit. December 30, 1998. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [HON. WILLIAM G. YOUNG, U.S. DISTRICT JUDGE]. Frederick R. Ford, by appointment of the Court, for appellant. Geoffrey E. Hobart, Assistant United States Attorney, […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. JOSE DOMINGO MALAVET RODRIGUEZ, DEFENDANT, APPELLANT. No. 83-1445.United States Court of Appeals, First Circuit.Argued February 7, 1984. Decided June 26, 1984. Page 14 Joaquin Monserrate Matienzo, Hato Rey, P.R., for defendant, appellant. Jorge E. Vega-Pacheco, Asst. U.S. Atty., with whom Daniel F. Lopez-Romo, U.S. Atty., Hato Rey, P.R., […]

CAMPANALE SONS, INC.; C.E.H., Inc.; and Narragansett Seahawk, Inc., Plaintiffs, Appellants, v. Donald L. EVANS, Secretary of Commerce, Defendant, Appellee. No. 01-2282.United States Court of Appeals, First Circuit.Heard April 5, 2002. Decided November 22, 2002. Appeal from the United States District Court for the District of Rhode Island, Lagueux, J. Page 110 Mark A. McSally, […]

AMELIA O. BONSUKAN, PETITIONER, APPELLANT, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE AND PATRICK F. COOMEY, DISTRICT DIRECTOR, INS, BOSTON, MASSACHUSETTS, RESPONDENTS, APPELLEES. No. 76-1474.United States Court of Appeals, First Circuit.Argued March 7, 1977. Decided April 25, 1977. As Modified May 18, 1977. Page 3 Basil S. Yanakakis, Boston, Mass., on brief for petitioner, appellant. […]

Manja T. BRONNER, Plaintiff, Appellant, v. Arthur L. GOLDMAN et al., Appellees. No. 6583.United States Court of Appeals, First Circuit. May 19, 1966. Page 760 Peter R. Tritsch, Boston, Mass., for appellant. Henry M. Leen, Boston, Mass., with whom Thomas J. Carens and Roche Leen, Boston, Mass., were on brief, for appellees. Before ALDRICH, Chief […]

UNITED STATES OF AMERICA, APPELLEE, v. JOSEPH INDELICATO, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. RICHARD F. NUTILE, DEFENDANT, APPELLANT. Nos. 79-1068, 79-1069.United States Court of Appeals, First Circuit.Argued September 6, 1979. Decided November 20, 1979. Page 377 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

CQ INTERNATIONAL CO., INC., Plaintiff, Appellee, v. ROCHEM INTERNATIONAL, INC., USA, Defendant, Appellant. No. 10-1838.United States Court of Appeals, First Circuit.Submitted May 2, 2011. Decided October 3, 2011. Appeal from the United States District Court for the District of Masschusetts, Nancy Gertner, J. Page 54 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

RALPH C. HAMM, III, PETITIONER, APPELLANT, v. ARTHUR LATESSA, SUPERINTENDENT OF MCI, ET AL., RESPONDENTS, APPELLEES. RALPH C. HAMM, III, PETITIONER, APPELLEE, v. ARTHUR LATESSA, SUPERINTENDENT OF MCI, ET AL., RESPONDENTS, APPELLANTS. Nos. 94-1999, 94-2018.United States Court of Appeals, First Circuit.Heard April 4, 1995. December 28, 1995. Page 948 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

MANISCALCO v. UNITED STATES. No. 2584.Circuit Court of Appeals, First Circuit. November 28, 1931. Appeal from the District Court of the United States for the District of Massachusetts. Libel by United States against the American gas screw Automatic, claimed by Vito Maniscalco. Decree of forfeiture, and claimant appeals. Affirmed. G. Philip Wardner, of Boston, Mass., […]

BANCO COMERCIAL DE PUERTO RICO v. BOSCANA. No. 3200.Circuit Court of Appeals, First Circuit. December 28, 1938. Appeal from the District Court of the United States for the District of Puerto Rico; Robert A. Cooper, Judge. In Equity. Suit by Vicente Boscana, trustee in bankruptcy in re Cintron Martinez, S. en C., bankrupts, against the […]

ARTHUR A. BEMBURY, PETITIONER, APPELLANT, v. NORMAN BUTLER, ETC., RESPONDENT, APPELLEE. No. 91-1816.United States Court of Appeals, First Circuit.Heard March 5, 1992. Decided July 7, 1992. Charles W. Rankin, with whom Rankin Sultan, was on brief for petitioner, appellant. Robert N. Sikellis, Asst. Atty. Gen., Criminal Bureau, with whom Scott Harshbarger, Atty. Gen., was on […]

JOSEPH J. KENNELLY, ET AL., PLAINTIFFS-APPELLEES, v. STATE OF RHODE ISLAND, ET AL., DEFENDANTS-APPELLEES, RICHARD D. LEMOI AND RANDALL A. PAULHUS, DEFENDANTS-APPELLANTS. No. 82-1062.United States Court of Appeals, First Circuit.Argued June 9, 1982. Decided July 7, 1982. Eileen G. Cooney, Sp. Asst. Atty. Gen., Providence, R. I., with whom Dennis J. Roberts, II, Atty. Gen., […]

ARIEL SANTIAGO, PETITIONER, APPELLANT, v. UNITED STATES OF AMERICA, RESPONDENT, APPELLEE. No. 88-2064.United States Court of Appeals, First Circuit.Submitted September 15, 1989. Decided November 20, 1989. Page 372 Ariel Santiago on brief pro se. Daniel F. Lopez Romo, U.S. Atty., and Antonio R. Bazan, Asst. U.S. Atty., on brief for respondent, appellee. Appeal from the […]

IN RE CIRCUS TIME, INC., DEBTOR. GRUMMAN CREDIT CORPORATION, DEFENDANT, APPELLANT. No. 80-1532.United States Court of Appeals, First Circuit.Argued November 5, 1980. Decided February 18, 1981. George J. Marcus, Portland, Me., with whom Daniel W. Emery, Portland, Me. and Pierce, Atwood, Scribner, Allen, Smith Lancaster, Portland, Me., were on brief, for defendant, appellant. Richard E. […]

UNITED STATES OF AMERICA, APPELLANT, v. BARBARA J. CURZI, DEFENDANT, APPELLEE. No. 88-1893.United States Court of Appeals, First Circuit.Heard November 1, 1988. Decided January 30, 1989. Page 37 Michael K. Loucks, Asst. U.S. Atty., with whom Frank L. McNamara, Jr., U.S. Atty., and David L. Douglass, Asst. U.S. Atty., were on brief, for appellant. Linda […]

ALFRED HASENFUS and GALE HASENFUS, INDIVIDUALLY AND O/B/O JAMIE HASENFUS, PLAINTIFFS, APPELLANTS, v. L. ROGER LaJEUNESSE, ET AL., DEFENDANTS, APPELLEES. No. 98-2149United States Court of Appeals, First Circuit.Heard April 5, 1999 Decided April 29, 1999 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, Hon. Morton A. Brody, U.S. District Judge. Page […]

Antonio APONTE-TORRES et al., Plaintiffs, Appellants, v. UNIVERSITY OF PUERTO RICO et al., Defendants, Appellees. No. 05-1534.United States Court of Appeals, First Circuit.Heard March 6, 2006. Decided April 14, 2006. Appeal from the United States District Court for the District of Puerto Rico, Juan M. Pérez-Giménez, J. Page 51 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

NATIONAL LABOR RELATIONS BOARD, Petitioner/Cross-Respondent, v. PAN AMERICAN GRAIN CO., INC. and Pan American Grain Manufacturing Co., Inc., Respondent/Cross-Petitioner. No. 05-1274.United States Court of Appeals, First Circuit.Submitted November 10, 2005. Decided May 31, 2006. Page 466 Ruperto J. Robles and Rafael J. Lopez on brief for respondent/cross-petitioner. Arthur F. Rosenfeld, Acting General Counsel, John E. […]

JULIO C. LOPEZ GERENA, PLAINTIFF, APPELLANT, v. PUERTO RICO LEGAL SERVICES, INC., DEFENDANT, APPELLEE. No. 82-1474.United States Court of Appeals, First Circuit.Argued November 4, 1982. Decided January 7, 1983. Page 448 A.J. Amadeo Murga, Hato Rey, P.R., for plaintiff, appellant. Jose E. Fernandez Sein, Rio Piedras, P.R., for defendant, appellee. Appeal from the United States […]

RADFORD TRUST, Plaintiff, Appellant, v. FIRST UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant, Appellee. No. 06-1992.United States Court of Appeals, First Circuit.Heard February 7, 2007. Decided June 27, 2007. Appeal from the District of Massachusetts, William G. Young, J. Page 22 Warren H. Pyle, with whom Pyle, Rome, Lichten, Ehrenberg Liss-Riordan, P.C. was on brief, […]

UNITED STATES OF AMERICA, FOR THE USE AND BENEFIT OF P.J. KEATING COMPANY, PLAINTIFF, APPELLEE, v. WARREN CORPORATION, ET AL., DEFENDANTS, APPELLEES. NATIONAL GRANGE MUTUAL INSURANCE COMPANY, THIRD-PARTY PLAINTIFF, APPELLANT. No. 86-1345.United States Court of Appeals, First Circuit.Heard September 10, 1986. Decided November 14, 1986. Page 450 Charles E. O’Brien, Albany, N.Y., for third-party plaintiff, […]

ROCHE v. NEW HAMPSHIRE NAT. BANK. No. 4585.United States Court of Appeals, First Circuit. November 14, 1951. Page 204 John W. King, Manchester, N.H., for appellant. Charles M. Dale, Portsmouth, N.H. (Ray E. Burkett, Portsmouth, N.H., on the brief), for appellee. Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges. HARTIGAN, Circuit Judge. This […]

UNITED STATES of America, Appellee, v. Louis DUCLOS, a/k/a Lewis G. Duclos, Defendant, Appellant. Nos. 03-1348, 03-2272.United States Court of Appeals, First Circuit.Heard March 1, 2004. Decided September 8, 2004. Appeal from the United States District Court for the District of New Hampshire, Joseph A. DiClerico, Jr., J. Page 63 Paul Glickman with whom Glickman […]

Edward C. SMALL et al., Plaintiffs, Appellants, v. Frank WAGEMAN et al., Defendants, Appellees. No. 5793.United States Court of Appeals, First Circuit. June 22, 1961. Page 735 George P. Lordan, Cambridge, Mass., for appellants. Norman H. Stahl, Manchester, N.H., with whom Shane Devine and Devine, Millimet McDonough, Manchester, N.H., were on brief, for appellees. Before […]

COASTAL FUELS OF PUERTO RICO, INC., PLAINTIFF, APPELLEE, v. CARIBBEAN PETROLEUM CORPORATION, DEFENDANT, APPELLANT. No. 98-1652.United States Court of Appeals, First Circuit.Heard November 3, 1998 Decided April 14, 1999. Page 19 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO, [HON. JUAN M. PEREZ-GIMENEZ, U.S. DISTRICT JUDGE] Page 20 William L. […]

Thomas C. CONWAY et al., Appellants, v. UNITED STATES of America, Defendant, Appellee. No. 5466.United States Court of Appeals, First Circuit. May 31, 1960. Page 711 John M. Maguire, Boston, Mass., with whom C. Keefe, Hurley, John Kimball, Jr., and Hale Dorr, Boston, Mass., were on brief, for appellants. David O. Walter, Atty., Dept. of […]

RUSSELL JEWELL, JR., PLAINTIFF, APPELLANT, v. ARCTIC ENTERPRISES, INC., DEFENDANT, APPELLEE. No. 86-1271.United States Court of Appeals, First Circuit.Submitted July 31, 1986. Decided September 19, 1986. Richard Y. Uchida, Paul A. Rinden and Rinden Professional Ass’n, Concord, N.H., on brief for plaintiff, appellant. John A. Lassey, Michael R. Mortimer and Wadleigh, Starr, Peters, Dunn Chiesa, […]

ANTHONY SOUZA ET AL., PLAINTIFFS, APPELLEES, v. ANTHONY P. TRAVISONO ET AL., DEFENDANTS, APPELLANTS. No. 74-1041.United States Court of Appeals, First Circuit.Argued May 8, 1974. Decided June 26, 1974. W. Slater Allen, Jr., Asst. Atty. Gen., with whom Richard J. Israel, Atty. Gen., was on brief, for appellants. Ralph J. Gonnella, Providence, R. I., with […]

UNITED STATES of America, Plaintiff, Appellant, v. Julio A. PEREIRA, Defendant, Appellee. No. 01-1303.United States Court of Appeals, First Circuit.Heard October 5, 2001. Decided December 3, 2001. Appeal from the United States District Court for the District of Massachusetts, Nancy Gertner, J. Page 77 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

FRANCES GUGLIETTI, PLAINTIFF, APPELLEE, v. SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLANT. No. 89-1281.United States Court of Appeals, First Circuit.Heard December 8, 1989. Decided March 28, 1990. Rehearing and Rehearing En Banc Denied April 23, 1990. Robert M. Peckrill, Asst. Regional Counsel, Dept. of Health and Human Services, with whom Lincoln C. Almond, U.S. […]

Linda GRAY, Plaintiff, Appellant, v. GENLYTE GROUP, INC., Defendant, Appellee. No. 01-1915.United States Court of Appeals, First Circuit. June 17, 2002. Before BOUDIN, Chief Judge, TORRUELLA, SELYA, LYNCH, LIPEZ, HOWARD, Circuit Judges, and GERTNER,[*] District Judge. [*] Of the District of Massachusetts, sitting by designation. ORDER OF COURT The panel of judges that rendered the […]

SIMMONS CO. v. COMMISSIONER OF INTERNAL REVENUE. No. 2322.Circuit Court of Appeals, First Circuit. May 31, 1929. Appeal from Board of Tax Appeals. Petition by the Simmons Company for review of a decision of the Commissioner of Internal Revenue assessing additional income and profits taxes. The Board of Tax Appeals redetermined such tax, and petitioner […]