Category: First Circuit Court of Appeals Opinions

MICHAEL KEVIN DUPONT, PLAINTIFF, APPELLANT, v. KARIN SAUNDERS, ET AL., DEFENDANTS, APPELLEES. MICHAEL KEVIN DUPONT, ET AL., PLAINTIFFS, APPELLEES, v. KARIN SAUNDERS, ET AL., DEFENDANTS, APPELLEES, HASAN AMIR, GARY MOSSO, JOHN MacNEIL, PLAINTIFFS, APPELLANTS. Nos. 86-1149, 86-1150.United States Court of Appeals, First Circuit.Submitted September 3, 1986. Decided September 8, 1986. Page 9 Michael Kevin Dupont […]

UNITED STATES, Appellee, v. Darren F. WILDER, Defendant, Appellant. No. 06-2213.United States Court of Appeals, First Circuit.Heard November 5, 2007. Decided May 12, 2008. Appeal from the United States District Court for the District of Massachusetts, George A. O’Toole, Jr., J. Page 2 Judith H. Mizner, Assistant Federal Public Defender, was on brief for appellant. […]

INTERSTATE COMMERCE COMMISSION, PLAINTIFF, APPELLEE, v. HOLMES TRANSPORTATION, INC., DEFENDANT, APPELLEE. ROBERT C. HOLMES AND DOROTHY HOLMES, TRUSTEES OF THE ALVIN R. HOLMES FUND, ROBERT C. HOLMES, INDIVIDUALLY, AND J. ROBERT SEDER, INTERVENORS, APPELLANTS. No. 90-1208.United States Court of Appeals, First Circuit.Heard August 2, 1990. Decided May 6, 1991. Page 985 John Woodward, with whom […]

ELMA REALTY CO. v. WOODS. No. 4343.Circuit Court of Appeals, First Circuit. July 30, 1948. Appeal from the United States District Court for the District of Massachusetts; George C. Sweeney, Judge. Action to recover alleged rent over-charges and statutory damages by Tighe E. Woods, Acting Housing Expediter, against Elma Realty Company. From the judgment, the […]

UNITED STATES, APPELLEE, v. JOHN LEONARD ECKER, A/K/A LEONARD HOFFECKER, DEFENDANT, APPELLANT. No. 90-2074.United States Court of Appeals, First Circuit.Submitted December 28, 1990. Decided January 14, 1991. Page 8 Richard J. Shea, Boston, Mass., on Memorandum of Law in Opposition to Motion for Summary Disposition, for appellant. Wayne A. Budd, U.S. Atty., and John P. […]

CONTINENTAL CASUALTY COMPANY, Appellant, v. UNITED STATES of America, Appellee. No. 6324.United States Court of Appeals, First Circuit. October 27, 1964. Page 603 Walter J. Hurley, Boston, Mass., with whom Bernard J. Dwyer and Hurley Dwyer, Boston, Mass., were on brief, for appellant. William F. Looney, Jr., Asst. U.S. Atty., with whom W. Arthur Garrity, […]

HERBERT W. PRICE, ETC., ET AL., PLAINTIFFS, APPELLANTS, v. GENERAL MOTORS CORPORATION, DEFENDANT, APPELLEE. HERBERT W. PRICE, ETC., ET AL., PLAINTIFFS, APPELLANTS, v. GENERAL MOTORS CORPORATION, DEFENDANT, APPELLEE. Nos. 90-1318, 90-1781.United States Court of Appeals, First Circuit.Heard September 12, 1991. Submitted September 12, 1991. Decided April 26, 1991. Page 163 John Silvia, Jr., with whom […]

ROBERT T. TIGGES, PLAINTIFF, APPELLANT, v. NUNZIO CATALDO ET AL., DEFENDANTS, APPELLEES. No. 79-1389.United States Court of Appeals, First Circuit.Argued November 5, 1979. Decided December 28, 1979. Page 937 Walter G. Bilowz, Boston, Mass., for plaintiff, appellant. Usher A. Moren, Cambridge, Mass., with whom David Berman and John F. Zamparelli, Medford, Mass., were on brief, […]

UNITED STATES OF AMERICA, APPELLEE, v. GEORGE W. CERMARK, DEFENDANT, APPELLANT. No. 79-1633.United States Court of Appeals, First Circuit.Argued March 13, 1980. Decided June 3, 1980. Page 1050 William Guy Ferris, Boston, Mass., with whom Nutter, McClennen Fish, Boston, Mass., was on brief, for defendant, appellant. Richard D. Glovsky, Asst. U.S. Atty., Chief, Civil Division, […]

UNITED STATES OF AMERICA, APPELLEE, v. CHARLES MORROW, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. JACOB NEVCHERLIAN, DEFENDANT, APPELLANT. Nos. 93-1463, 93-1477 and 93-1635.United States Court of Appeals, First Circuit.Heard April 5, 1994. Decided November 9, 1994. Page 1229 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

Carlos ROMERO-BARCELO, Plaintiff, Appellant, v. Miguel HERNANDEZ-AGOSTO, et al., Defendants, Appellees. No. 95-1235United States Court of Appeals, First Circuit.Heard August 1, 1995 Decided January 31, 1996 Page 24 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 25 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

Emory ZIPPERER, Plaintiff, Appellant, v. RAYTHEON COMPANY, INC., Defendant, Appellee. No. 06-2493.United States Court of Appeals, First Circuit.Heard May 8, 2007. Decided July 12, 2007. Appeal from the United States District Court for the District of Massachusetts, Mark L. Wolf, J. Page 51 Joseph P. Dever, with whom Theresa Finn Dever and Riley Dever, P.C. […]

UNITED STATES OF AMERICA, v. JOHN DOE. IN THE MATTER OF GRAND JURY PROCEEDING: APPLICATION OF DANIEL ELLSBERG FOR PROTECTIVE ORDER. No. 72-1021.United States Court of Appeals, First Circuit.Heard January 18, 1972 on Motion for Stay. Heard January 21, 1972 on Motion for Stay and Motion to Dismiss. Decided February 11, 1972. Page 1271 [EDITORS’ […]

Mary Flor MORÓN-BARRADAS, Plaintiff, Appellant, v. DEPARTMENT OF EDUCATION OF the COMMONWEALTH OF PUERTO RICO, Defendant, Appellee. No. 06-1456.United States Court of Appeals, First Circuit.Heard March 7, 2007. Decided May 24, 2007. Appeal from the United States District Court for the District of Puerto Rico, Héctor M. Laffitte, J. Page 473 [EDITORS’ NOTE: THIS PAGE […]

AMF INCORPORATED, PLAINTIFF-APPELLEE, v. INTERNATIONAL FIBERGLASS COMPANY, INC., ET AL., DEFENDANTS-APPELLANTS. No. 72-1188.United States Court of Appeals, First Circuit.Heard October 2, 1972. Decided November 13, 1972. C. Thomas Zinni, Boston, Mass., for appellants. George W. McLaughlin, Boston, Mass., with whom Rogers, Hoge Hills, New York City and Wardwell, Allen, McLaughlin Skinner, Boston, Mass., were on […]

CUETARA HERMANOS et al. v. ROYAL EXCHANGE ASSUR. CO. No. 2156.Circuit Court of Appeals, First Circuit. December 27, 1927. In Error to the District Court of the United States for the District of Porto Rico; Ira K. Wells, Judge. Action at law by Cuetara Hermanos and Eudosio, Miguel, and Manuel de la Cuetara against the […]

STATE OF NEW HAMPSHIRE (DEPARTMENT OF CORRECTIONS AND DEPARTMENT OF EDUCATION), PETITIONER, APPELLEE, v. MARC ADAMS, RESPONDENT, APPELLANT. No. 98-1244.United States Court of Appeals, First Circuit.Heard September 16, 1998. Decided November 12, 1998. Appeal from the United States District Court for the District of New Hampshire, [Hon. Steven J. McAuliffe, U.S. District Judge]. Page 681 […]

WILLIAM S. SIRES, JR., PLAINTIFF, APPELLANT, v. LOUIS M. BERMAN, ET AL., DEFENDANTS, APPELLEES. No. 87-1243.United States Court of Appeals, First Circuit.Heard September 16, 1987. Decided November 24, 1987. Page 10 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 11 Margaret H. […]

POPE COTTLE CO. v. FAIRBANKS REALTY TRUST. No. 3719.Circuit Court of Appeals, First Circuit. December 19, 1941. Appeal from the District Court of the United States for the District of Massachusetts; Hugh D. McLellan, Judge. In Bankruptcy. Proceeding in the matter of Fairbanks Realty Trust wherein Pope Cottle Company filed an involuntary petition in bankruptcy […]

PARK LANE DRESSES, Inc., et al. v. HOUGHTON DUTTON CO. et al. No. 2636.Circuit Court of Appeals, First Circuit. November 28, 1931. Page 34 Appeal from the District Court of the United States for the District of Massachusetts; James A. Lowell, Judge. Involuntary petition in bankruptcy by the Park Lane Dresses, Inc., and others against […]

JOSE E. ARROYO, PLAINTIFF, APPELLANT, v. SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLEE. No. 90-2058.United States Court of Appeals, First Circuit.Submitted January 28, 1991. Decided May 8, 1991. Page 83 Francisco J. Hernandez Rentas Bayamon, P.R., and Sigfredo Portalatin Tosado, Arecibo, P.R., on brief, for plaintiff, appellant. Daniel F. Lopez Romo, U.S. Atty., Jose […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. RAFAEL BELGODERE MORA, DEFENDANT, APPELLANT. No. 78-1039.United States Court of Appeals, First Circuit.Argued April 3, 1979. Decided May 17, 1979. Scott Kalisch, San Juan, P. R., by appointment of the court, for defendant, appellant. Jose A. Quiles, Asst. U.S. Atty., San Juan, P. R., was on brief for […]

RICHARD R. VAZZA, PLAINTIFF-APPELLANT, v. BRUCE CAMPBELL ET AL., DEFENDANTS-APPELLEES. No. 75-1111.United States Court of Appeals, First Circuit.Argued June 4, 1975. Decided August 8, 1975. Page 849 W. P. Colin Smith, Jr., Boston, Mass., with whom Bradley, Barry Tarlow, Boston, Mass., was on brief, for appellant. John F. Hurley, Asst. Atty. Gen., with whom Francis […]

UNITED STATES, Appellee, v. Cori A. GODIN, Defendant, Appellant. No. 07-2332.United States Court of Appeals, First Circuit.Heard February 8, 2008. Decided July 18, 2008. Appeal from the United States District Court for the District of Maine, Hornby, J. Page 52 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

S.D. WARREN CO., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. No. 6452.United States Court of Appeals, First Circuit. November 8, 1965. Page 495 John J. Delaney, Jr., Boston, Mass., with whom Murray S. Freeman, Gordon P. Ramsey, and Nutter, McClennen Fish, Boston, Mass., were on the brief, for petitioner. Leonard M. Wagman, Atty., Los Angeles, […]

ELECTRONICS CORPORATION OF AMERICA, PLAINTIFF-APPELLEE, v. REPUBLIC INDUSTRIES, INC., DEFENDANT-APPELLANT. No. 74-1274.United States Court of Appeals, First Circuit.Argued November 6, 1974. Decided November 27, 1974. Certiorari Denied April 28, 1975. Page 410 William E. Lucas, Chicago, Ill., with whom Howard H. Rogers, Jr., Gradolph Rogers, Davis, McCaleb Lucas, Chicago, Ill., Michael J. Liston and Newman, […]

NORTHBROOK EXCESS AND SURPLUS INSURANCE COMPANY, PLAINTIFF, APPELLANT, v. THE MEDICAL MALPRACTICE JOINT UNDERWRITING ASSOCIATION OF MASSACHUSETTS, DEFENDANT, APPELLEE. No. 89-1932.United States Court of Appeals, First Circuit.Heard February 7, 1990. Decided April 11, 1990. Richard J. Riley, with whom Murphy, Demarco and O’Neill, P.C., Boston, Mass., was on brief for appellant. Michael T. Gass, with […]

Robert E. JOHNSON, Plaintiff, Appellant, v. LONG CORPORATION OF PUERTO RICO, Trading as Long Construction Company of Puerto Rico, Defendant-Appellee. No. 5076.United States Court of Appeals, First Circuit.Heard February 5, 1957. Decided May 8, 1957. Guillermo Cintron Ayuso, San Juan, P.R., with whom Ralph P. Rich, Covington, Ky., was on the brief, for appellant. William […]

KAPLAN et al. v. COMMISSIONER OF INTERNAL REVENUE. No. 2782.Circuit Court of Appeals, First Circuit. July 24, 1933. Appeal from Board of Tax Appeals. Proceeding on the petition of Charles Kaplan, opposed by the Commissioner of Internal Revenue, to review an order of the Board of Tax Appeals, in which proceeding, upon petitioner’s death, Saul […]

UNITED STATES of America, Appellee, v. Jose R. CRUZ-KUILAN, Defendant, Appellant. Nos. 94-2217, 95-1390United States Court of Appeals, First Circuit.Heard January 10, 1996 Decided February 5, 1996 Page 60 Miriam Ramos Grateroles, Bayamon, PR, for appellant. Miguel A. Pereira, Assistant United States Attorney, with whom Guillermo Gil, United States Attorney, Hato Rey, PR, was on […]

CORRINNE SUTTER, PLAINTIFF-APPELLANT, v. PERCY M. PITTS, III ET AL., DEFENDANTS-APPELLEES. No. 80-1413.United States Court of Appeals, First Circuit.Argued December 2, 1980. Decided February 11, 1981. Corrinne Sutter, pro se. Paul D. Gallese, Boston, Mass., for defendants-appellees. Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges. BOWNES, Circuit Judge. [1] This diversity suit is the […]

Misael ACEVEDO-AGUILAR, Petitioner, v. Michael MUKASEY,[*] Attorney General, Respondent. No. 07-1261.United States Court of Appeals, First Circuit.Submitted October 2, 2007. Decided February 15, 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. Page 9 Peter Darvin on brief for petitioner. Peter D. Keisler, […]

NENH PHETOSOMPHONE, PLAINTIFF, APPELLANT, v. ALLISON REED GROUP, INC. D/B/A TECHNI-CRAFT PLATING, NOEL SMITH AND CAROL MARSELLA, DEFENDANTS, APPELLEES. GARY SHOWALTER, PLAINTIFF, APPELLANT, v. ALLISON REED GROUP, INC. D/B/A TECHNI-CRAFT PLATING, NOEL SMITH AND CAROL MARSELLA, DEFENDANTS, APPELLEES. Nos. 92-1117, 92-1118.United States Court of Appeals, First Circuit.Heard September 11, 1992. Decided January 20, 1993. Page […]

MELVIN B. LAGASSE, JR., PETITIONER, APPELLANT, v. PAUL K. VESTAL, JR., ET AL., RESPONDENTS, APPELLEES. No. 81-1587.United States Court of Appeals, First Circuit.Argued January 7, 1982. Decided March 1, 1982. Certiorari Denied June 14, 1982. Charles E. Chase, Medford, Mass., by appointment of the Court, for appellant. Linda Sibery Crawford, Asst. Atty. Gen., Augusta, Me., […]

RESPECT MAINE PAC; Harold A. Clough; Rep. Andre E. Cushing, III, Plaintiffs, Appellants, v. Walter F. McKEE; Andre G. Duchette, in his official capacity as a member of the Commission on Governmental Ethics and Election Practices; Margaret E. Matheson, in her official capacity as a member of the Commission on Governmental Ethics and Election Practices; […]

FLORA SANTANA, ET AL., PLAINTIFFS, APPELLANTS, v. JENARO COLLAZO COLLAZO, ET AL., DEFENDANTS, APPELLEES. No. 85-1389.United States Court of Appeals, First Circuit.Argued March 4, 1986. Decided June 11, 1986. John R. Bird, National Juvenile Law Center, with whom Maria Laura Colon, Puerto Rico Legal Services, Canovanas, P.R., was on brief, for appellants. Reina Colon De […]

FRILLZ, INC., PLAINTIFF-APPELLANT v. PHILIP LADER, AS ADMINISTRATOR OF THE UNITED STATES SMALL BUSINESS ADMINISTRATION, DEFENDANT-APPELLEE. No. 96-1785.United States Court of Appeals, First Circuit. January 21, 1997. Evans J. Carter, Framingham, MA, with whom Hargraves, Karb, Wilcox Galvani were on brief, for plaintiff, appellant. Susan M. Poswistilo, Assistant United States Attorney, Boston, MA, with whom […]

FILIBERTO GUERRERO FIALLO, PLAINTIFF, APPELLANT, v. IRBA CRUZ de BATISTA, ET AL., DEFENDANTS, APPELLEES. No. 80-1642.United States Court of Appeals, First Circuit.Submitted June 5, 1981. Decided December 17, 1981. Vilma Santiago Irizarry, Nora L. Rodrigues Matias, and Ivonne Diaz De Carreras, Rio Piedras, P. R., on brief, for plaintiff, appellant. Hector A. Colon Cruz, Sol. […]

IVER J. FREEMAN, PLAINTIFF, APPELLEE, v. PACKAGE MACHINERY COMPANY, DEFENDANT, APPELLANT. No. 88-1130.United States Court of Appeals, First Circuit.Heard June 7, 1988. Decided November 22, 1988. Page 1332 Anthony J. Crement, with whom Jeffrey S. Heller, Seyfarth, Shaw, Fairweather Geraldson, Chicago, Ill., Maurice M. Cahillane and Egan, Flanagan Egan, Springfield, Mass., were on brief, for […]

NEW ENGLAND PATRIOTS FOOTBALL CLUB, INC., PLAINTIFF, APPELLEE, v. UNIVERSITY OF COLORADO ET AL., DEFENDANTS, APPELLANTS. No. 79-1043.United States Court of Appeals, First Circuit.Argued February 6, 1979. Decided February 9, 1979. Page 1197 Earle C. Cooley, Boston, Mass., with whom Neil H. Jacobs, and Hale Dorr, Boston, Mass., were on brief, for defendants, appellants. John […]

MITCHELL G. KING, ET AL., PLAINTIFFS, APPELLEES v. MILTON GREENBLATT, M.D., COMMISSION OF THE DEPARTMENT OF MENTAL HEALTH FOR THE COMMONWEALTH OF MASSACHUSETTS, ET AL., DEFENDANTS, APPELLEES. CLASS OF 48 + 1 AND DONALD PEARSON, ET AL., PLAINTIFFS, APPELLANTS. Page 10 HAROLD G. WILLIAMS, M.D., COMMISSION OF THE DEPARTMENT OF MENTAL HEALTH FOR THE COMMONWEALTH […]

LOUIS T. FALCONE, ETC., PLAINTIFF, APPELLANT, v. SAMUEL R. PIERCE, JR., ETC., DEFENDANT, APPELLEE. No. 88-1503.United States Court of Appeals, First Circuit.Heard October 5, 1988. Decided December 29, 1988. Page 227 Brian M. Hurley with whom Jennifer S.D. Roberts, Gordon M. Orloff and Rackemann, Sawyer Brewster, P.C., Boston, Mass., were on brief, for plaintiff, appellant. […]

LATIN AMERICAN MUSIC COMPANY, d/b/a Asociación de Compositoresy Editores de Música Latinoamericana (ACEMLA); Asociación De Compositoresy Editores De Música Latinoamericana (ACEMLA), Plaintiffs, Appellants, v. AMERICAN SOCIETY OF COMPOSERS AUTHORS AND PUBLISHERS, Defendant, Appellee. No. 08-1498.United States Court of Appeals, First Circuit.Heard November 4, 2009. Decided December 28, 2010. Appeal from the United States District Court […]

Watson v. Scully. 94-2250.United States Court of Appeals, First Circuit. November 15, 1994. Appeal from S.D.N.Y. Decisions without Published Opinions Affirmed.

DIANE SOUZA, PLAINTIFF, APPELLEE, v. RONALD PINA, ET AL., DEFENDANTS, APPELLANTS. No. 94-2079.United States Court of Appeals, First Circuit.Heard February 10, 1995. Decided April 28, 1995. Page 424 William J. Meade, Asst. Atty. Gen., with whom Scott Harshbarger, Atty. Gen., was on brief, for appellants. Kenneth C. Ponte, for appellee. Appeal from the United States […]

UNITED STATES of America, Appellee, v. William S. ALESSIO, Defendant, Appellant. No. 7774.United States Court of Appeals, First Circuit. March 11, 1971. Gordon C. Mulligan, Warwick, R.I., by appointment of the Court, for defendant-appellant. Joseph C. Johnston, Jr., Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., was on brief, for appellee. Before ALDRICH, […]

DENARO v. McLAREN CONSOLIDATED CONE CORPORATION. No. 2140.Circuit Court of Appeals, First Circuit. January 12, 1928. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Suit by the McLaren Consolidated Cone Corporation against James Denaro. Decree for plaintiff, and defendant appeals. Affirmed. Jesse A. Holton, of […]

CITIES SERVICE OIL COMPANY, as Owner of S.S. ROYAL OAK, Libelant, Appellant, v. PUERTO RICO LIGHTERAGE COMPANY, as Owner of The TUG CHARLES E. DUNLAP, Respondent, Appellee. No. 5854.United States Court of Appeals, First Circuit. July 6, 1962. Page 171 Eli Ellis, New York City, with whom Jose G. Gonzalez, San Juan, P.R., David C. […]

ARNOLD L. KING, PLAINTIFF, APPELLANT, v. JOSEPH PONTE, ET AL., DEFENDANTS, APPELLEES. No. 83-1092.United States Court of Appeals, First Circuit.Argued June 9, 1983. Decided September 14, 1983. Page 636 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 637 James S. Dittmar, Boston, […]

Carlos LUNA, Petitioner, Appellant, v. Commonwealth of MASSACHUSETTS, Respondent, Appellee. No. 02-2214.United States Court of Appeals, First Circuit.Heard October 7, 2003. Decided January 9, 2004. Appeal from the United States District Court for the District of Massachusetts, Mark L. Wolf, J. Page 109 Willie J. Davis with whom Davis, Robinson White, LLP was on brief, […]

AMERICAN RY. EXPRESS CO. v. ROWE et al. No. 1939.Circuit Court of Appeals, First Circuit. August 17, 1926. In Error to the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Action by Bert Rowe and another, executors of the estate of George Rowe, against the American Railway Express […]

UNITED STATES of America, Appellee, v. Edward R. MORIN, Jr., Defendant, Appellant. No. 04-1277.United States Court of Appeals, First Circuit.Heard November 2, 2004. Decided April 8, 2005. Appeal from the United States District Court for the District of New Hampshire, Steven J. McAuliffe, J. Page 42 Bjorn Lange, Assistant Federal Public Defender, for appellant. Mark […]

William F. MacDONALD, Jr., Plaintiff, Appellant, v. William S. COHEN, Secretary of Defense, Defense Logistics Agency, Defense Contract Management Command Boston, Defendants, Appellees. No. 99-1991.United States Court of Appeals, First Circuit.Heard September 8, 2000. Decided December 1, 2000. Appeal from the United States District Court for the District of Massachusetts, Robert E. Keeton, District Judge. […]

Pedro L. RAMOS-ECHEVARRÍA, Gladys Rodriguez-Galarza, Conjugal Partnership Ramos-Rodriguez, Plaintiffs, Appellants, v. PICHIS, INC. d/b/a Pichis Hotel and Convention Center, John Doe, Richard Roe, Insurance Company, Defendants, Appellees. No. 10-1522.United States Court of Appeals, First Circuit.Heard July 27, 2011. Decided October 21, 2011. Appeal from the United States District Court for the District of Puerto Rico, […]

JOHN A. STOCKMAN, CLAIMANT, RESPONDENT, v. JOHN T. CLARK SON OF BOSTON, INC., AND AMERICAN MUTUAL LIABILITY INC. CO., EMPLOYER/CARRIER, PETITIONERS, DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, PARTY IN INTEREST. No. 75-1360.United States Court of Appeals, First Circuit.Argued January 5, 1976. Decided July 27, 1976. Page 265 George O. Driscoll, […]

Morris RUDNICK et al. v. Frederick S. DEITRICK, Receiver. No. 3277.Circuit Court of Appeals, First Circuit. October 22, 1937. Appeal from the District Court of the United States for the District of Massachusetts; McLellan, Judge. Emmanuel Kurland, of Boston, Mass. (David Stoneman, of Boston, Mass., on the brief), for appellants. Leo Wyman, of Boston, Mass. […]

LUZ E. BORRERO LEBRON, PLAINTIFF, APPELLANT, v. SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLEE. No. 83-1807.United States Court of Appeals, First Circuit.Submitted June 8, 1984. Decided November 7, 1984. Jose A. Rivera Robles, Rio Piedras, P.R., on brief for plaintiff, appellant. Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Daniel F. Lopez Romo, […]

IRENE DUCHARME, ETC., PLAINTIFF, APPELLEE, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLANT. No. 87-1262.United States Court of Appeals, First Circuit.Heard February 4, 1988. Decided June 29, 1988. Page 28 Gretchen Leah Witt, Asst. U.S. Atty., with whom Richard V. Wiebusch, U.S. Atty., Concord, N.H., was on brief for appellant. Jay M. Niederman, Manchester, N.H., for […]

FEDERAL REFINANCE CO., INC., Plaintiff, Appellant, v. Deborah KLOCK et al., Defendants, Appellees. Federal Refinance Co., Inc., Plaintiff, Appellee, v. Deborah Klock et al., Defendants, Appellees. Frank Romano, Jr., Defendant, Appellant. Nos. 02-1654, 02-1753 and 02-2547.United States Court of Appeals, First Circuit.Heard November 5, 2003. Decided December 5, 2003. Appeal from the United States District […]

JULIO JOSE MARTINEZ HERNANDEZ ET AL., PLAINTIFFS, APPELLANTS, v. AIR FRANCE, DEFENDANT, APPELLEE. No. 76-1146.United States Court of Appeals, First Circuit.Submitted June 8, 1976. Decided November 19, 1976. Page 280 Stanley Feldstein, San Juan, P. R., and Nachman, Feldstein, Gelpi, Toro Hernandez, San Juan, P. R., on brief for appellants. William J. Junkerman, New York […]

UNITED STATES of America, Appellee, v. Edwin Rafael CORNIER-ORTIZ, Defendant, Appellant. No. 03-1022.United States Court of Appeals, First Circuit.Heard January 5, 2004. Decided March 17, 2004. Appeal from the United States District Court for the District of Puerto Rico, José A. Fusté, J. Page 30 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

Kunwar S.P. SINGH, M.D. Plaintiff, Appellant, v. BLUE CROSS/BLUE SHIELD OF MASSACHUSETTS, INC. and Benjamin W. White, M.D., Defendants, Appellees. No. 01-2586.United States Court of Appeals, First Circuit.Heard April 1, 2002. Decided August 27, 2002. Page 26 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

Ellen H. DECOTIIS, Plaintiff, Appellant, v. Lori WHITTEMORE, individually and in her official capacity as Director of Child Development Services-Cumberland; Child Development Services-Cumberland; Debra Hannigan, State Director of Child Development Services, Defendants, Appellees. No. 10-1242.United States Court of Appeals, First Circuit.Heard October 4, 2010. Decided March 24, 2011. Appeal from the United States District Court […]

ELSSY RIVAS TENORIO ET AL., PLAINTIFFS, APPELLANTS, v. LIGA ATLETICA INTERUNIVERSITARIA ET AL., DEFENDANTS, APPELLEES. No. 76-1396.United States Court of Appeals, First Circuit.Argued February 16, 1977. Decided May 3, 1977. Page 493 A. J. Amadeo Murga, Santurce, P.R., for plaintiffs, appellants. H. Febus Bernardini, Ponce, P.R., for defendants, appellees. Appeal from the United States District […]

THE SS TROPIC BREEZE. NATIONAL WESTERN LIFE INSURANCE COMPANY, INTERVENOR-APPELLANT v. TROPICAL COMMERCE CORPORATION, INTERVENOR-APPELLEE. No. 71-1267.United States Court of Appeals, First Circuit.Heard February 1, 1972. Decided March 1, 1972. Page 138 Richard C. Lewis, Miami, Fla., with whom Jimenez Fuste, San Juan, P. R., was on brief, for appellant. David I. Gilchrist, New York […]

UNITED STATES OF AMERICA, APPELLEE, v. ERIC JOEL CARRION-CRUZ, DEFENDANT/APPELLANT. No. 96-1026United States Court of Appeals, First Circuit.Submitted July 31, 1996 August 7, 1996 Page 6 Benicio Sanchez-Rivera, Federal Public Defender, and Juan E. Alvarez, Assistant Federal Public Defender, on brief for appellant. Guillermo Gil, United States Attorney, Jose A. Quiles-Espinosa, Senior Litigation Counsel, and […]

Kenneth M. CONLEY, Petitioner, Appellee, v. UNITED STATES of America, Respondent, Appellant. No. 04-2424.United States Court of Appeals, First Circuit.Heard May 6, 2005. Decided July 20, 2005. Appeal from the District Court, 332 F.Supp.2d 302, William G. Young, Chief Judge. Page 184 Saul M. Pilchen, with whom Robert S. Bennett, Jonice Gray Tucker, Robert W. […]

UNITED STATES OF AMERICA, APPELLEE, v. JOHN A. IRWIN, DEFENDANT, APPELLANT. No. 78-1394.United States Court of Appeals, First Circuit.Argued January 5, 1979. Decided February 21, 1979. Page 139 Francis J. DiMento, Boston, Mass., with whom Henry D. Katz, and DiMento Sullivan, Boston, Mass., were on brief, for defendant, appellant. Charles E. Chase, Asst. U.S. Atty., […]

DAVID L. STROUD, PETITIONER, v. FRANK A. HALL ET AL., RESPONDENTS. Misc. 75-8009.United States Court of Appeals, First Circuit.Submitted February 21, 1975. Decided March 5, 1975. Page 1101 Before COFFIN, Chief Judge, and ALDRICH and McENTEE, Circuit Judges. PER CURIAM. [1] Petitioner was tried in Franklin County Superior Court in 1971 on a charge of […]

MAX R. KARGMAN ET AL., PLAINTIFFS, APPELLANTS, v. THOMAS A. SULLIVAN ET AL., DEFENDANTS, APPELLEES. No. 77-1559.United States Court of Appeals, First Circuit.Argued June 5, 1978. Decided August 22, 1978. Richard F. McCarthy, Boston, Mass., with whom Willcox, Pirozzolo McCarthy, Boston, Mass., was on brief, for appellants. Thomas H. Martin, Boston, Mass., with whom Mason […]

CHRISTOPHER AMANN, ET AL., PLAINTIFFS, APPELLANTS, v. STOW SCHOOL SYSTEM, ET AL., DEFENDANTS, APPELLEES. No. 92-1382.United States Court of Appeals, First Circuit.Submitted July 17, 1992. Decided December 29, 1992. Page 645 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 646 Richard Amann […]

ROBERT J. PILKINGTON, PLAINTIFF, APPELLEE, v. JOSEPH J. BEVILACQUA ET AL., DEFENDANTS, APPELLANTS. No. 79-1638.United States Court of Appeals, First Circuit.Argued June 2, 1980. Decided October 23, 1980. Page 923 Eileen G. Cooney, Sp. Asst. Atty. Gen., Providence, R.I., with whom Dennis J. Roberts II, Atty. Gen., Providence, R.I., was on brief, for defendants, appellants. […]

WESTERN FHER LABORATORIES, PETITIONER, AND BOEHRINGER INGELHEIM LIMITED, CIBAGEIGY CORPORATION, INTERVENORS, v. EDWARD H. LEVI, ATTORNEY GENERAL, AND HENRY S. DOGIN, ACTING ADMINISTRATOR, DRUG ENFORCEMENT ADMINISTRATION, RESPONDENTS. No. 75-1323.United States Court of Appeals, First Circuit.Argued December 2, 1975. Decided January 28, 1976. Page 326 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

THE COOL MOOSE PARTY, ET AL., PLAINTIFFS-APPELLANTS, v. STATE OF RHODE ISLAND, ET AL., DEFENDANTS-APPELLEES. THE COOL MOOSE PARTY, ET AL., PLAINTIFFS-APPELLEES, v. STATE OF RHODE ISLAND, ET AL., DEFENDANTS-APPELLANTS. Nos. 98-1875, 98-1874United States Court of Appeals, First Circuit.Heard March 5, 1999. Decided August 25, 1999. APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE […]

SECURITIES INDUSTRY ASSOCIATION, ET AL., PLAINTIFFS, APPELLEES, v. MICHAEL J. CONNOLLY, ETC., ET AL., DEFENDANTS, APPELLANTS. No. 89-1022.United States Court of Appeals, First Circuit.Heard June 6, 1989. Decided August 31, 1989. Page 1115 Thomas A. Barnico, Asst. Atty. Gen., with whom James M. Shannon, Atty. Gen., and Richard M. Brunell, Asst. Atty. Gen., Boston, Mass., […]

FARRELL v. HALE, State Police Officer, et al. No. 3238.Circuit Court of Appeals, First Circuit. November 9, 1937. Appeal from the District Court of the United States for the District of Massachusetts; Hugh D. McLellan, Judge. Habeas corpus proceeding by Thomas A. Farrell against Frank G. Hale, State Police Officer. The petition was dismissed, and […]

SAN JUAN LEGAL SERVICES, INC., PLAINTIFF-APPELLANT, v. LEGAL SERVICES CORPORATION, ET AL., DEFENDANTS-APPELLEES. SAN JUAN LEGAL SERVICES, INC., PLAINTIFF-APPELLEE, v. LEGAL SERVICES CORPORATION, ET AL., DEFENDANTS-APPELLANTS. Nos. 80-1710, 80-1756.United States Court of Appeals, First Circuit.Argued April 8, 1981. Decided July 16, 1981. Page 435 Harry Anduze Montano, Santurce, P. R., for Legal Services Corp., Inc. […]

CHRISTOPHER MARTENS, PETITIONER, APPELLANT, v. JAMES SHANNON, ATTORNEY GENERAL, ET AL., RESPONDENTS, APPELLEES. No. 87-1694.United States Court of Appeals, First Circuit.Heard December 9, 1987. Decided January 12, 1988. Robert A. Stolzberg, Boston, Mass., for petitioner, appellant. Robert M. Mendillo, Asst. Atty. Gen., Crim. Bureau, with whom James M. Shannon, Page 716 Atty. Gen., Boston, Mass., […]

RICHARD L. SANDSTROM, ETC., PLAINTIFF, APPELLANT, v. CHEMLAWN CORPORATION, ET AL., DEFENDANTS, APPELLEES. No. 89-2196.United States Court of Appeals, First Circuit.Heard April 2, 1990. Decided May 17, 1990. Page 84 Jeffrey S. Goldstein, with whom Bertram M. Goldstein, Goldstein, Hood Associates, Baltimore, Md., Ronald R. Coles, and Coles Monque, Kennebunk, Me., were on brief, for […]

Linda MEGANTZ et al., Petitioners, Appellants, v. Herbert W. ASH, High Sheriff of Grafton County, Respondent, Appellee. No. 7344.United States Court of Appeals, First Circuit. May 21, 1969. Page 805 Ridler W. Page, William A. Baker, Lebanon, N.H., Allan R. Rosenberg and Putnam, Bell Russell, Boston, Mass., for appellants. John P. Chandler, Laconia, N.H., for […]

SERGE MARQUIS, ET AL., PLAINTIFFS, APPELLEES, v. FEDERAL DEPOSIT INSURANCE CORPORATION, AS LIQUIDATING AGENT OF HILLSBOROUGH BANK TRUST COMPANY, DEFENDANT, APPELLANT. ELTREX INTERNATIONAL CORPORATION, ET AL., PLAINTIFFS, APPELLEES, v. FEDERAL DEPOSIT INSURANCE CORPORATION, AS LIQUIDATING AGENT OF HILLSBOROUGH BANK TRUST COMPANY, DEFENDANT, APPELLANT. MICHAEL M. MILLS, PLAINTIFF, APPELLEE, v. FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER […]

UNITED STATES OF AMERICA, APPELLEE, v. BARRY HOFFMAN, DEFENDANT, APPELLANT. No. 87-1080.United States Court of Appeals, First Circuit.Heard September 9, 1987. Decided November 6, 1987. Page 1300 Constance L. Rudnick, Boston, Mass., with whom Richard A. Gargiulo, David M. Kozlow and Gargiulo McMenimen, Boston, Mass., were on brief, defendant, for appellant. Deborah A. Ramirez, Asst. […]

FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR BANK OF NEW ENGLAND, PLAINTIFF, APPELLEE, v. ANCHOR PROPERTIES, ET AL., DEFENDANTS. RICHARD GLEICHER, INDIVIDUALLY, AND AS HE IS TRUSTEE OF GROSVENOR PARK REALTY TRUST, DEFENDANT, APPELLANT. No. 93-1542.United States Court of Appeals, First Circuit.Heard November 3, 1993. Decided January 5, 1994. Page 28 Peter R. Beatrice, Jr., […]

GUILLERMINA CORTES QUINONES AND ALBERTO ALMODOVAR MEDINA, PLAINTIFFS, APPELLANTS, v. CHARLES JIMENEZ NETTLESHIP, ET AL., DEFENDANTS, APPELLEES. No. 84-2014.United States Court of Appeals, First Circuit.Argued May 9, 1985. Decided September 13, 1985. Page 11 Jose E. Fernandez-Sein, Santurce, P.R., with whom Law Offices of Nachman Fernandez-Sein, Santurce, P.R., was on brief for appellants. Americo Serra, […]

PREFERRED MUTUAL INSURANCE COMPANY, PLAINTIFF, APPELLANT, v. THE TRAVELERS COMPANIES, DEFENDANT, APPELLEE. No. 97-1553.United States Court of Appeals, First Circuit.Heard September 9, 1997. Decided October 3, 1997. Marie Cheung-Truslow with whom Roger A. Emanuelson and Lecomte, Emanuelson, Motejunas Doyle were on brief for appellant. Michael J. Eisele with whom David C. Boch and Bingham, Dana […]

UNITED STATES OF AMERICA, APPELLEE, v. CHRISTOPHER MEADE, DEFENDANT, APPELLANT. No. 98-1905United States Court of Appeals, First Circuit.Heard April 6, 1999 Decided May 11, 1999 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. Hon. Edward F. Harrington, U.S. District Judge. Page 216 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

Haseeb Sultan SYED, Petitioner, v. John ASHCROFT, Respondent. No. 03-1715.United States Court of Appeals, First Circuit.Submitted October 1, 2004. Decided November 23, 2004. Petitioned for review from the Board of Immigration Appeals. Page 249 James P. Duggan for petitioner. Peter D. Keisler, Assistant Attorney General, Civil Division, Mary Jane Candaux, Senior Litigation Counsel, Office of […]

PAZIE CONNORS, ETC., PLAINTIFF, APPELLANT, v. PATROLMAN JOSEPH McNULTY, ET AL., DEFENDANTS, APPELLEES. No. 82-1384.United States Court of Appeals, First Circuit.Argued October 7, 1982. Decided January 7, 1983. As Amended on Denial of Rehearing February 8, 1983. Page 19 Edward L. Gerstein, Providence, R.I., with whom Gerstein Stolle, Walter R. Stone, and Stone, Clifton Clifton, […]

MICHAEL K. EAGAN PLAINTIFF-APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT-APPELLEE. No. 95-2073.United States Court of Appeals, First Circuit.Heard February 7, 1996. Decided March 29, 1996. Page 14 Peter L. Banis with whom Ley Young, P.C., Lawrence P. Heffernan, H. Bissell Carey, III, and Robinson Cole, Boston, MA, were on brief, for plaintiff-appellant. Bridget M. Rowan, […]

Norys I. GARCÍA; José E. Castellar-Velázquez; Conjugal Partnership Castellar-García, Plaintiffs, Appellants, v. BRISTOL-MYERS SQUIBB COMPANY; Bristol-Myers Squibb Manufacturing Company; Bristol-Myers Squibb Caribbean Company; Rafael Vélez; Jane Doe; Conjugal Partnership Vélez-Doe; Américo Abadia; Chelsea Roe; Conjugal Partnership Abadía-Roe; Glenn Gerecke; Julia Doe; Conjugal Partnership Gerecke-Doe, Defendants, Appellees. No. 07-2723.United States Court of Appeals, First Circuit.Heard June […]

UNITED STATES of America, Appellee, v. William GURKA, Defendant, Appellant. No. 08-2584.United States Court of Appeals, First Circuit.Heard April 6, 2010. Decided May 12, 2010. Appeal from the United States District Court for the District of Rhode Island William E. Smith, J. Page 41 Angela G. Lehman for the appellant. Donald C. Lockhart, Assistant United […]

Joseph E. QUINN, et al., Plaintiffs, Appellants, v. CITY OF BOSTON, et al., Defendants, Appellees, National Association for the Advancement of Colored People, Intervenor, Appellee. No. 02-1727.United States Court of Appeals, First Circuit.Heard November 5, 2002. Decided March 27, 2003. Appeal from the United States District Court for the District of Massachusetts, Richard G. Stearns, […]

SCHMIKLER v. PETERSIME INCUBATOR CO. No. 4423.United States Court of Appeals, First Circuit. November 15, 1949. Page 984 Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and CLIFFORD, District Judge. Morris Michelson, Boston, Mass. (Maurice Slovin with him on brief) for appellant. James D. St. Clair Boston, Mass. (Joseph N. Welch and Hale Dorr, Boston, Mass., […]

UNITED STATES of America, Appellee, v. Timothy BROWN, Defendant-Appellant. No. 09-1803.United States Court of Appeals, First Circuit.Heard July 26, 2010. Decided October 8, 2010. Appeal from the United States District Court for the District of Massachusetts, George A. O’Toole, Jr., J. Page 49 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

UNITED STATES of America, Appellee, v. Edward PORTALLA, Defendant, Appellant. No. 06-1362.United States Court of Appeals, First Circuit.Heard March 6, 2007. Decided July 31, 2007. Appeal from the United States District Court for the District of Massachusetts, Morris E. Lasker, Senior District Judge. Page 24 James H. Budreau, for appellant. Thomas M. Gannon, Attorney, Department […]

UNITED STATES OF AMERICA, APPELLANT v. DAVID HILTON, DEFENDANT, APPELLEE. No. 98-1513.United States Court of Appeals, First Circuit. January 27, 1999. Rehearing and Suggestion for Rehearing En Banc Denied March 1, 1999. Appeal from the United States District Court for the District of Maine, Hon. Gene Carter, U.S. District Judge. Page 62 [EDITORS’ NOTE: THIS […]

UNITED STATES OF AMERICA, APPELLEE, v. CLAUDE K. WEST, DEFENDANT, APPELLANT. No. 80-1727.United States Court of Appeals, First Circuit.Argued October 4, 1983. Decided April 6, 1984. Page 91 Douglas K. Mansfield, Boston, Mass., with whom Thomas D. Edwards, and Casner, Edwards Roseman, Boston, Mass., were on brief, for defendant, appellant. William F. Weld, U.S. Atty., […]