Category: First Circuit Court of Appeals Opinions

UNITED STATES OF AMERICA, APPELLEE, v. ROBERT J. KEHOE, DEFENDANT, APPELLANT. No. 77-1027.United States Court of Appeals, First Circuit.Argued April 4, 1977. Decided August 3, 1977. As Amended on Denial of Rehearing September 28, 1977. Page 66 Albert F. Cullen, Jr., Boston, Mass., for appellant. Robert B. Collings, Asst. U.S. Atty., Chief, Crim. Div., Boston, […]

UNITED STATES OF AMERICA, APPELLEE, v. RAFAEL RIVERA DIAZ, DEFENDANT-APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. GENARO CAUTINO JORDAN, DEFENDANT-APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. ROBERTO OLIVERO, DEFENDANT-APPELLANT. Nos. 75-1316 to 75-1318.United States Court of Appeals, First Circuit.Heard February 9, 1976. Decided June 28, 1976. Page 462 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

UNITED STATES, Appellee, v. Frederick Alan PIERCE, Defendant, Appellant. No. 94-2182.United States Court of Appeals, First Circuit.Heard May 1, 1995. Decided July 21, 1995. Page 887 J. Hilary Billings, Bangor, ME, for appellant. F. Mark Terison, Asst. U.S. Atty., with whom Jay P. McCloskey, U.S. Atty., and James L. McCarthy, Asst., U.S. Atty., Bangor, ME, […]

GREGORY ROBINSON, PETITIONER, APPELLANT, v. WILLIAM CALLAHAN, RESPONDENT, APPELLEE. No. 82-1457.United States Court of Appeals, First Circuit.Argued November 3, 1982. Decided December 3, 1982. Willie J. Davis, Boston, Mass., for petitioner, appellant. Page 7 Linda G. Katz, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Stephen R. Delinsky, Asst. Atty. Gen., […]

DANIEL GRAHAM, PLAINTIFF, APPELLANT, v. BAY STATE GAS COMPANY D/B/A BAY STATE PROPANE, A DIVISION OF BAY STATE GAS COMPANY, AND OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, AFL-CIO, LOCAL UNION 8-366, DEFENDANTS, APPELLEES. No. 85-1417.United States Court of Appeals, First Circuit.Heard October 7, 1985. Decided December 11, 1985. Richard K. Sullivan, Jr., Westfield, Mass., […]

ALLOYD GENERAL CORPORATION et al., Plaintiffs, Appellants, v. BUILDING LEASING CORPORATION, Defendant, Appellee. No. 6672.United States Court of Appeals, First Circuit.Heard April 26, 1966. Decided May 26, 1966. Page 360 Frederick G. Fisher, Jr., and Harold Hestnes, Boston, Mass., with whom Ernest Winsor, Standish Bradford, Jr., and Hale Dorr, Boston, Mass., were on brief, for […]

MORROW v. TILLINGHAST, Commissioner of Immigration. No. 2352.Circuit Court of Appeals, First Circuit. October 17, 1929. Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Petition by Mary Ellen Morrow for a writ of habeas corpus to be directed to Anna C.M. Tillinghast, United States Commissioner […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BANGOR BUILDING TRADES COUNCIL, AFL-CIO, et al., Respondents. No. 5531.United States Court of Appeals, First Circuit. April 18, 1960. Page 288 Fred S. Landess, Attorney, Washington, D.C., with whom Stuart Rothman, General Counsel, Thomas J. McDermott, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Melvin Pollack, Attorney, Washington, […]

WORLD AIRWAYS, INC., Defendant, Appellant, v. NORTHEAST AIRLINES, INC., Plaintiff, Appellee. NATIONWIDE CHARTERS AND CONVENTIONS, INC., et al., Defendants, Appellants, v. NORTHEAST AIRLINES, INC., Plaintiff, Appellee. Nos. 6470, 6471.United States Court of Appeals, First Circuit.Heard May 4, 1965. Decided August 30, 1965. Page 1008 Earle C. Cooley, Boston, Mass., with whom C. Keefe Hurley, Boston, […]

UNITED STATES OF AMERICA, APPELLEE, v. GERARD T. OUIMETTE, DEFENDANT, APPELLANT. No. 84-1610.United States Court of Appeals, First Circuit.Argued December 6, 1984. Decided January 25, 1985. Page 189 William M. Kunstler, New York City, with whom Edward J. Romano, Providence, R.I., and Gombiner Avenia, New York City were on brief, for defendant, appellant. John Voorhees, […]

BOSTON SAFE DEPOSIT TRUST CO. v. COMMISSIONER OF INTERNAL REVENUE. No. 3342.Circuit Court of Appeals, First Circuit. December 6, 1938. Petition for Review of Decision of United States Board of Tax Appeals. Petition by the Boston Safe Deposit Trust Company, executor of the estate of Willard T. Carleton, deceased, to review an order or decision […]

LAURETTE R. RAYMOND ET AL., PLAINTIFFS-APPELLEES, v. RIEGEL TEXTILE CORPORATION, DEFENDANT-APPELLANT. No. 73-1151.United States Court of Appeals, First Circuit.Submitted July 16, 1973. Decided September 20, 1973. Page 1026 Shane Devine and Devine, Millimet, Stahl Branch, Manchester, N. H., on brief for defendant-appellant. Dort S. Bigg, and Wiggin, Nourie, Sundeen, Pingree Bigg, Manchester, N. H., on […]

In re CHAPPELL CO., Inc., et al. [undocketed]. United States Court of Appeals, First Circuit. January 16, 1953. Page 344 Walter Powers and Sherburne, Powers Needham, both of Boston, Mass., on memorandum for petitioners. Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges. MAGRUDER, Chief Judge. On December 29, 1952, this court issued an […]

DIANE L. MATTHEWS, PLAINTIFF, APPELLEE, v. JOHN O. MARSH, JR., SECRETARY OF THE ARMY, DEFENDANT, APPELLANT. No. 84-1482.United States Court of Appeals, First Circuit.Argued December 4, 1984. Decided February 22, 1985. William G. Cole, Civil Div., Appellate Staff, Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Richard […]

PREMIUM MANAGEMENT, INC., PLAINTIFF, APPELLEE, v. ROBERT WALKER, DEFENDANT, APPELLANT, v. DAVID M. EMERY ET AL., THIRD PARTY DEFENDANTS, APPELLEES. No. 80-1599.United States Court of Appeals, First Circuit.Argued February 12, 1981. Decided May 13, 1981. Page 779 John R. Bryden, Andover, Mass., with whom Charles F. Dalton, Jr., and Dalton, Dalton Bryden, Andover, Mass., were […]

THOMAS McCABE, ET AL., PLAINTIFFS, APPELLANTS, v. DANIEL RATTINER, ET AL., DEFENDANTS, APPELLEES. No. 86-1032.United States Court of Appeals, First Circuit.Argued December 2, 1986. Decided March 30, 1987. Page 840 William C. Kollman, II with whom Holth Kollman Fairlie, New London, Conn., and John C. Levanti, Westerly, R.I., were on brief for plaintiffs, appellants. Joseph […]

UNITED STATES OF AMERICA, APPELLEE, v. CHRISTOPHER D. MACKEY, DEFENDANT, APPELLANT. No. 94-2264.United States Court of Appeals, First Circuit.Heard March 9, 1997 Decided July 9, 1997. Page 25 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 26 John D. Fitzpatrick, by Appointment […]

ATLANTIC CORPORATION, Defendant, Appellant, v. UNITED STATES of America et al., Appellees. No. 6038.United States Court of Appeals, First Circuit. December 31, 1962. Page 908 Roland E. Shaine, Boston, Mass., Henry Gesmer and Brown, Rudnick, Freed Gesmer, Boston, Mass., on the brief, for appellant. Thomas A. Skornia, Attorney, Department of Justice, Louis F. Oberdorfer, Asst. […]

UNITED STATES OF AMERICA, APPELLEE, v. PAUL CIAMPAGLIA, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. WILLIAM WOODS, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. PETER CANESSA, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. JOHN GINTNER, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. VERNER BANCROFT, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, […]

ARMSTRONG v. GOYCO et al. No. 2187.Circuit Court of Appeals, First Circuit. December 18, 1928. Appeal from the Supreme Court of Porto Rico. Suit by Dionisia Elisa Arabia de Goyco and another against Pedro Juan Armstrong. From judgment of the Supreme Court of Porto Rico modifying and affirming judgment of District Court for plaintiffs, defendant […]

EDWARD M. DAHOOD, JR., WILFRED AND DIANE MASSE, GEORGE H. AND ALICE A. SENECAL, EDWARD J. YOUNG, PLAINTIFFS, APPELLANTS, v. UNITED STATES, DEFENDANT, APPELLEE. No. 84-1306.United States Court of Appeals, First Circuit.Argued September 14, 1984. Decided November 1, 1984. Page 47 Aline H. Lotter, Manchester, N.H., for plaintiffs, appellants. Joan I. Oppenheimer, Atty., Tax Div., […]

DAVIS ASSOCIATES, INC., PLAINTIFF, APPELLANT, v. SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DOVER HOUSING AUTHORITY, DEFENDANTS, APPELLEES. No. 74-1149.United States Court of Appeals, First Circuit.Submitted June 5, 1974. Decided June 28, 1974. Page 386 David A. Brock, Concord, N.H., with whom Perkins, Douglas Brock, Concord, N.H., was on brief, for appellant. Joseph M. […]

EUGENE BARRY SONS v. STONE. In re CAMBRIDGE TANNERY CO. No. 1836.Circuit Court of Appeals, First Circuit. May 26, 1925. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. In the Matter of the Cambridge Tannery Company, bankrupt; Mason H. Stone, trustee. From an order disallowing […]

UNITED STATES, APPELLEE, v. KEITH ADAM RICHARDSON, DEFENDANT, APPELLANT. No. 92-2307.United States Court of Appeals, First Circuit.Heard November 5, 1993. Decided January 28, 1994. Page 667 James C. Munch, III, with whom Marvin H. Glazier, and Vafiades, Brountas Kominsky, Bangor, ME, were on brief, for appellant. Michael M. DuBose, Asst. U.S. Atty., with whom Jay […]

UNITED STATES OF AMERICA, APPELLEE, v. WILLIAM A. TWITTY, DEFENDANT, APPELLANT. No. 96-1545United States Court of Appeals, First Circuit. January 9, 1997 Evan Slavitt Boston, MA by appointment of the Court, with whom Mary P. Murray and Hinckley, Allen Snyder, were on brief for defendant-appellant. Michael J. Pelgro, Assistant United States Attorney, Boston, MA, with […]

McGUNNIGAL et al. v. UNITED STATES. No. 4040.Circuit Court of Appeals, First Circuit. September 17, 1945. Writ of Certiorari Denied December 10, 1945. See 66 S.Ct. 267. Page 163 Appeals from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. Edward F. McGunnigal, Jr., and others were convicted […]

UNITED STRUCTURES OF AMERICA, INC. AND UNITED STATES OF AMERICA FOR THE USE OF UNITED STRUCTURES OF AMERICA, INC., PLAINTIFFS, APPELLEES, v. G.R.G. ENGINEERING, S.E. AND NEW HAMPSHIRE INSURANCE COMPANY, DEFENDANTS, APPELLANTS. No. 93-1354.United States Court of Appeals, First Circuit.Heard September 7, 1993. Decided November 18, 1993. John E. Mudd, with whom Cordero, Miranda Pinto, […]

Jason A. TREMBLAY and Richard Tremblay, Plaintiffs, Appellees, v. William E. McCLELLAN, Individually and Officially as a Corporal with the Conway Police Department, Defendant, Appellant, David Bennett, Conway Police Department, Town of Conway, Defendants. No. 03-1641.United States Court of Appeals, First Circuit.Heard October 7, 2003. Decided November 20, 2003. Appeal from the United States District […]

U.S. v. Rincon. 94-1076.United States Court of Appeals, First Circuit. November 15, 1994. Appeal from E.D.N.Y. Decisions without Published Opinions Affirmed.

HARRY C. CROOKER SONS, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Elaine L. Chao, Secretary of Labor, Respondents. No. 07-2770.United States Court of Appeals, First Circuit.Heard July 30, 2008. Decided August 11, 2008. Page 80 Gregg R. Frame, with whom James A. McCormack and Taylor, McCormack Frame were on brief, for petitioner. […]

CATHY ANN GLATER, PLAINTIFF, APPELLANT, v. ELI LILLY CO., DEFENDANT, APPELLEE. No. 82-1864.United States Court of Appeals, First Circuit.Argued April 4, 1983. Decided July 12, 1984. Page 214 Stanley M. Brown, Manchester, N.H., with whom Brown Nixon P.A., Manchester, N.H., Thomas R. Watson, and Tybursky Watson, Portsmouth, N.H., were on brief, for plaintiff, appellant. Don […]

HIGGINS v. LEDO et al. No. 2773.Circuit Court of Appeals, First Circuit. July 7, 1933. Page 266 Appeal from the District Court of the United States for the District of New Hampshire; George F. Morris, Judge. Action by Rose P. Ledo, administratrix of the estate of Mrs. Jones, deceased, and action by Mrs. Crate against […]

UNITED STATES OF AMERICA, APPELLEE, v. RONALD J. PITOCCHELLI, DEFENDANT, APPELLANT. No. 87-1214.United States Court of Appeals, First Circuit.Heard July 29, 1987. Decided October 5, 1987. Ellen Y. Suni with whom Jack I. Zalkind, Boston, was on brief, for defendant, appellant. Page 402 Louis M. Fischer, Dept. of Justice, Washington, D.C., with whom Frank L. […]

UNITED STATES of America, Appellee, v. Ramon A. VEGA-MARTINEZ, Defendant, Appellant. No. 03-2538.United States Court of Appeals, First Circuit.Heard August 4, 2005. Decided October 7, 2005. Appeal from the United States District Court for the District of Puerto Rico, Jay A. Garcia-Gregory, J. Page 16 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

JOSE E. MUNIZ RAMIREZ, PLAINTIFF, APPELLANT, v. PUERTO RICO FIRE SERVICE AND OFFICE OF PERSONNEL AND ITS DIRECTOR, DEFENDANTS, APPELLEES. No. 83-1012.United States Court of Appeals, First Circuit.Argued June 6, 1983. Decided August 26, 1983. Page 695 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

Arthur J. GOLDBERG, Secretary of the United States Department of Labor, Plaintiff, Appellant, v. PLUMMER ASSOCIATES OF PUERTO RICO, INC., Defendant, Appellee. No. 5786.United States Court of Appeals, First Circuit. November 24, 1961. Appeal from the United States District Court for the District of Puerto Rico; Clemente Ruiz-Nazario, Judge. Charles Donahue, Solicitor of Labor, Washington, […]

FEDERAL EXPRESS CORPORATION, ET AL., PLAINTIFFS, APPELLANTS, v. STATE OF RHODE ISLAND, DEPARTMENT OF TRANSPORTATION, AIRPORTS DIVISION, ET AL., DEFENDANTS, APPELLEES. FEDERAL EXPRESS CORPORATION, ET AL., PLAINTIFFS, APPELLEES, v. STATE OF RHODE ISLAND, DEPARTMENT OF TRANSPORTATION, AIRPORTS DIVISION, DEFENDANT, APPELLANT, AND THE UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. Nos. 81-1033, 81-1058.United States Court of Appeals, […]

UNITED STATES, APPELLEE, v. THOMAS E. KNEELAND, JR., DEFENDANT, APPELLANT. No. 96-2158United States Court of Appeals, First Circuit. June 23, 1998 Page 7 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 8 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

UNITED STATES, APPELLEE, v. JUAN CARLOS CADAVID, DEFENDANT-APPELLANT. No. 97-2412United States Court of Appeals, First Circuit.Heard August 5, 1999 Decided October 1, 1999 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Robert E. Keeton, U.S. District Judge] Page 231 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

VERA ZABALA CLEMENTE ET AL., PLAINTIFFS, APPELLEES, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLANT. No. 77-1156.United States Court of Appeals, First Circuit.Heard October 5, 1977. Decided December 16, 1977. As Amended January 23, 1978. Page 1141 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

UNITED STATES, APPELLEE, v. JOSE ORLANDO FERNANDEZ, DEFENDANT, APPELLANT. No. 97-1663United States Court of Appeals, First Circuit. May 29, 1998 Appeal from the United States District Court for the District of Puerto Rico, Hon. Daniel R. Dominguez, U.S. District Judge. Page 60 Neal Gary Rosensweig with whom Leonard F. Baer was on brief for appellant. […]

UNITED STATES OF AMERICA, APPELLEE, v. KEVIN PATRICK FORD, DEFENDANT, APPELLANT. No. 72-1376.United States Court of Appeals, First Circuit.Argued March 6, 1973. Decided May 14, 1973. Page 170 Lawrence E. Katz, Cambridge, Mass., by appointment of the Court, with whom Haroz, Katz, Rockwell Sager, Cambridge, Mass., was on brief, for appellant. Robert B. Collings, Asst. […]

BANGOR AND AROOSTOOK RAILROAD COMPANY, PETITIONER, v. INTERSTATE COMMERCE COMMISSION, RESPONDENT, MAINE CENTRAL RAILROAD COMPANY ET AL., INTERVENORS. MAINE CENTRAL RAILROAD COMPANY, PETITIONER, v. UNITED STATES OF AMERICA, AND INTERSTATE COMMERCE COMMISSION, RESPONDENTS, BANGOR AND AROOSTOOK RAILROAD COMPANY, INTERVENOR. ROBERT W. MESERVE AND BENJAMIN H. LACY, TRUSTEES OF THE PROPERTY OF BOSTON AND MAINE CORPORATION, […]

Don DiFIORE; Leon Bailey; Ritson Desrosiers; Marcelino Coleta; Tony Pasuy; Lawrence Allsop; Clarence Jeffreys; Floyd Woods; Andrea Connolly, and all others similarly situated, Plaintiffs, Appellees/Cross-Appellants, v. AMERICAN AIRLINES, INC., Defendant, Appellant/Cross-Appellee. Nos. 10-1108, 10-1167, 10-1264.United States Court of Appeals, First Circuit.Heard December 10, 2010. Decided May 20, 2011. Appeal from the District of Massachusetts, 688 […]

UNITED STATES OF AMERICA, APPELLEE, v. SCOTT DONAHUE, DEFENDANT, APPELLANT. No. 75-1416.United States Court of Appeals, First Circuit.Heard September 15, 1976. Decided September 6, 1977. Page 1040 Harvey R. Peters, Boston, Mass., argued, with whom Paul T. Smith and Jeffrey M. Smith, Boston, Mass, were on brief, for defendant, appellant. Charles E. Chase, Asst. U.S. […]

CHRISTIANSEN v. UNITED STATES et al. No. 4587.United States Court of Appeals, First Circuit. November 14, 1951. Page 200 Arnold W. Parker, Somerville, Mass. (Harry Kisloff, Boston, Mass., on brief), for appellant. Thomas H. Walsh, Boston, Mass. (George F. Garrity, U.S. Atty., Edward O. Gourdin, Asst. U.S. Atty., and Leo F. Glynn, all of Boston, […]

AIR AMERICA, INC., PETITIONER, v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, AND JOSEPH F. KERCH, RESPONDENTS. No. 78-1318.United States Court of Appeals, First Circuit.Argued December 4, 1978. Decided May 2, 1979. Page 774 Jeremy G. Zimmermann, New Haven, Conn., with whom Marshall B. Babson, and Wiggin Dana, New Haven, Conn., […]

ROBERT B. TURNER, ET AL., PLAINTIFFS, APPELLANTS, v. JOHNSON JOHNSON, ET AL., DEFENDANTS, APPELLEES. ROBERT B. TURNER, ET AL., PLAINTIFFS, APPELLEES, v. JOHNSON JOHNSON, ET AL., DEFENDANTS, APPELLEES. JOHNSON JOHNSON AND CHARLES M. HARTMAN, DEFENDANTS, APPELLANTS. Nos. 86-1211, 86-1212.United States Court of Appeals, First Circuit.Argued September 9, 1986. Decided December 31, 1986. Page 91 [EDITORS’ […]

OCEAN STATE PHYSICIANS HEALTH PLAN, INC., ET AL., PLAINTIFFS, APPELLANTS, v. BLUE CROSS BLUE SHIELD OF RHODE ISLAND, DEFENDANT, APPELLEE. No. 88-1851.United States Court of Appeals, First Circuit.Heard April 5, 1989. Decided August 21, 1989. Page 1102 Stuart M. Gerson with whom William G. Kopit, Epstein, Becker Green, P.C., Washington, D.C., Thomas E. Lynch and […]

UNITED STATES, APPELLANT, v. DANIEL PANIAGUA-RAMOS, DEFENDANT-APPELLEE. No. 97-1385.United States Court of Appeals, First Circuit.Heard November 6, 1997. Decided February 3, 1998. Page 194 Jose A. Quiles-Espinosa, Senior Litigation Counsel, with whom Guillermo Gil, United States Attorney, Edwin O. Vazquez, Assistant United States Attorney, Deputy Chief, Criminal Division, Desiree Laborde-Sanfiorenzo, Assistant United States Attorney, and […]

UNITED STATES OF AMERICA, APPELLEE, v. FELIX JAMES McGUIRE, DEFENDANT, APPELLANT. No. 73-1036.United States Court of Appeals, First Circuit.Heard April 9, 1973. Decided June 20, 1973. Page 1085 Allan R. Rosenberg, Boston, Mass., with whom Putnam, Bell Russell, Boston, Mass., on brief, for appellant. Robert B. Collings, Asst. U.S. Atty., with whom James N. Gabriel, […]

NEWELL PUERTO RICO, LTD., PLAINTIFF-APPELLEE, v. RUBBERMAID INCORPORATED, DEFENDANT-APPELLANT. NEWELL PUERTO RICO, LTD., PLAINTIFF-APPELLANT, v. RUBBERMAID INCORPORATED, DEFENDANT-APPELLEE. Nos. 93-1431, 93-1451 and 93-1516.United States Court of Appeals, First Circuit.Heard November 5, 1993. Decided March 31, 1994. Page 16 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

IN RE UNION NACIONAL DE TRABAJADORES ET AL., PETITIONERS. No. 74-1073 Original.United States Court of Appeals, First Circuit. August 14, 1974. Page 114 Mark L. Amsterdam, David Scribner, New York City, Ismael Delgado Gonzalez, Emilio Soler Mari, Rio Piedras, P.R., Elizabeth M. Schneider, Nancy Stearns, New York City, and Juan Mari Bras, Rio Piedras, P.R., […]

Joseph P. HADDAD, Administrator, Plaintiff, Appellant, v. BORDER EXPRESS, INC., Defendant, Appellee. No. 5909.United States Court of Appeals, First Circuit. May 22, 1962. Joseph J. Hurley, Boston, Mass., with whom George M. Tull, Quincy, Mass., was on the brief, for appellant. George P. Lordan, Cambridge, for appellee. Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, […]

BOSTON DEVELOPMENT CORPORATION, Petitioner, Appellant, v. STATE REALTY CO. OF BOSTON, Inc., Respondent, Appellee. No. 5286.United States Court of Appeals, First Circuit. November 22, 1957. Appeals from the United States District Court for the District of Massachusetts; Francis J.W. Ford, Judge. Angus M. MacNeil, Somerville, Mass., for appellant. Phillip Cowin, Boston, Mass., with whom Sidney […]

AMERICAN HOME ASSURANCE COMPANY, Plaintiff, Appellee, v. AGM MARINE CONTRACTORS, INC., Defendant, Appellant. No. 05-2310.United States Court of Appeals, First Circuit.Heard July 31, 2006. Decided November 8, 2006. Appeal from the United States District Court for the District of Massachusetts, 379 F.Supp.2d 134, Harrington, Senior District Judge. Page 811 Eric F. Eisenberg with whom Jeremy […]

Daniel NOLAN, Petitioner, Appellant, v. Palmer C. SCAFATI, Superintendent, Massachusetts Correctional Institution, Walpole, Massachusetts, Respondent, Appellee. No. 7538.United States Court of Appeals, First Circuit. August 14, 1970. Page 549 Michael B. Keating, Boston, Mass., by appointment of the Court, with whom Foley, Hoag Eliot, Boston, Mass., was on the brief, for appellant. James O. Druker, […]

BUSCAGLIA, Treasurer of Puerto Rico, v. BOWIE et al. No. 3905.Circuit Court of Appeals, First Circuit. December 17, 1943. Appeal from the District Court of the United States for Puerto Rico; Cooper, Judge. Action by Clarence K. Bowie and others, as trustees, against Rafael A. Buscaglia, as Treasurer of Puerto Rico, to recover taxes paid […]

John CONTEH, Petitioner, v. Alberto GONZALES, Attorney General, Respondent. No. 05-1282.United States Court of Appeals, First Circuit.Heard April 4, 2006. Decided August 22, 2006. Petition for review from the Board of Immigration Appeals. Page 46 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

THE EDWARD S. QUIRK COMPANY, INC., d/b/a Quirk Tire, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, and Teamsters Local Union 25, Intervenor. No. 00-1631.United States Court of Appeals, First Circuit.Heard December 6, 2000. Decided February 27, 2001. Appeal from the Court of Appeals, Boudin, Circuit Judge. Page 42 Terence P. McCourt with whom Laurie J. […]

STANLEY G. WELSH ET AL., PLAINTIFFS, APPELLANTS, v. RICHARD L. KINCHLA ET AL., DEFENDANTS, APPELLEES. No. 77-1525.United States Court of Appeals, First Circuit.Argued April 5, 1978. Decided June 30, 1978. Page 768 Richard Wait, Boston, Mass., with whom Franklin M. Walker, Jr., and Choate, Hall Stewart, Boston, Mass., were on brief, for plaintiffs, appellants. Gerald […]

Berenice R. SUEIRO VÁZQUEZ; Wilfredo Aponte Pagán, Plaintiffs, Appellants, Astrid A. Cappas Pérez; Delma Rosa Colón Rodríguez, Plaintiffs, v. Enid TORREGROSA DE LA ROSA, in her personal and official capacity as Executive Director of the State Historic Preservation Office; Elizabeth Sola; Verónica Álvarez; John Doe; Richard Roe, Defendants, Appellees, Francisco Catala, Defendant. No. 06-1499.United States […]

HASSETT, Former Acting Collector of Internal Revenue, v. ASSOCIATED HOSPITAL SERVICE CORPORATION OF MASSACHUSETTS. No. 3708.Circuit Court of Appeals, First Circuit. February 4, 1942. Page 612 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 613 Appeal from the District Court of the […]

CARL KALE, PLAINTIFF, APPELLANT, v. COMBINED INSURANCE COMPANY OF AMERICA, DEFENDANT, APPELLEE. CARL KALE, PLAINTIFF, APPELLEE, v. COMBINED INSURANCE COMPANY OF AMERICA, DEFENDANT, APPELLANT. Nos. 87-1277, 87-1278.United States Court of Appeals, First Circuit.Heard September 15, 1988. Decided November 17, 1988. Page 747 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

John ANDERSON, Jessica Choate, Michael Cyr, Elizabeth Dowd, Steve Earley, Cyndi Fear, Thomas Fear, Mark Follansbee, Carlton Greely, Robert Hanson, Bruce Hatch, Pauline Hatch, John Hutchings, Nancy Hutchings, Robert Jenkins, Pamela LaMotte, Pamela Merrill, Jeanne Smith, Eileen Turcotte, Lori Valburn and Pamela Williams, Plaintiffs, Appellants/Cross-Appellees, v. HANNAFORD BROTHERS CO., Defendant, Appellee/Cross-Appellant, Delhaize America Inc., and […]

RICHARD F. SEXTON, PLAINTIFF, APPELLANT, v. GULF OIL CORPORATION, DEFENDANT, APPELLEE. No. 86-1323.United States Court of Appeals, First Circuit.Argued November 7, 1986. Decided January 21, 1987. Page 168 Robert L. Hernandez, with whom Madelyn Wessel, Boston, Mass., was on brief, for appellant. Richard A. Freedman, with whom Brody Feinberg, Boston, Mass., was on brief, for […]

GOUDY STEVENS, INC., PLAINTIFF, APPELLEE, v. CABLE MARINE, INC., ET AL., DEFENDANTS, APPELLANTS. No. 89-2037.United States Court of Appeals, First Circuit.Heard October 4, 1990. Decided January 23, 1991. Daniel W. Boutin, with whom Martin R. Johnson and Johnson, Jewell Boutin, were on brief, for defendants, appellants. Thomas S. Howard, with whom Kirsh, Gartenberg Howard and […]

UNITED STATES, Appellant, v. EAST LA HAVE TRANSPORTATION COMPANY, Limited, et al., Libelants, Appellees. No. 2068.Circuit Court of Appeals, First Circuit. November 23, 1926. Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Judge. George R. Farnum, Asst. U.S. Atty., of Boston, Mass. (Harold P. Williams, U.S. […]

UNITED STATES OF AMERICA, APPELLEE, v. JAMES H. ABERNATHY, DEFENDANT, APPELLANT. No. 95-1720.United States Court of Appeals, First Circuit. April 30, 1996. Page 18 Edward F. Grourke with whom Finan Grourke was on brief for appellant. Sheldon Whitehouse, United States Attorney, for appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE […]

WARREN et al. v. COMMISSIONER OF INTERNAL REVENUE. No. 4592.United States Court of Appeals, First Circuit. January 28, 1952. Page 997 James D. Dow, Jr., Boston, Mass., for petitioners. Hilbert P. Zarky, Sp. Asst. to the Atty. Gen. (Ellis N. Slack, Acting Asst. Atty. Gen., and A.F. Prescott and Howard P. Locke, Sp. Assts. to […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. GEORGE A. RIDDLE, DEFENDANT, APPELLANT. No. 94-2087.United States Court of Appeals, First Circuit.Heard February 8, 1995. Decided February 16, 1995. Page 461 Robert A. Levine, by Appointment of the Court, Portland, ME, for appellant. Michael M. DuBose, Asst. U.S. Atty., with whom Jay P. McCloskey, U.S. Atty., Portland, […]

Steven H. OKEN, Petitioner, Appellant, v. WARDEN, MSP; Warden, Maryland Correctional Adjustment Center, Respondents, Appellees. No. 99-1829.United States Court of Appeals, First Circuit.Heard October 3, 2000. Decided December 1, 2000. Appeal from the United States District Court for the District of Maine, Gene Carter, J. Page 87 Robert L. Sheketoff, with whom Sheketoff Homan were […]

LIBERTY MUTUAL INSURANCE COMPANY, PLAINTIFF, APPELLANT, v. CAROL A. GIBBS, ET AL., DEFENDANTS, APPELLEES. No. 85-1112.United States Court of Appeals, First Circuit.Heard August 7, 1985. Decided September 23, 1985. Page 16 Edward J. Barshak, Boston, Mass., with whom Natasha C. Lisman, Gregg S. Blackburn and Sugarman, Rogers, Barshak Cohen, P.C., Boston, Mass., were on brief, […]

FORMAN v. JACOBS. No. 2222.Circuit Court of Appeals, First Circuit. June 13, 1928. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Petition by Edward Forman against Philip W. Jacobs, trustee in bankruptcy of Mary I. Davis, bankrupt, requesting that respondent be ordered to turn over […]

DESIGN PAK, INC., PLAINTIFF, APPELLANT, v. SECRETARY OF THE TREASURY, ET AL., DEFENDANTS, APPELLEES. No. 85-1966.United States Court of Appeals, First Circuit. December 12, 1985. Appeal from the United States District Court. Page 526 [1] ORDER OF COURT [2] In July, 1985, Congress passed the “Statue of Liberty — Ellis Island Commemorative Coin Act” (“Coin […]

Tomas DÍAZ-RODRÍGUEZ; Energy Tech Corp., Plaintiffs, Appellants, v. PEP BOYS CORP.; Manny Moe Jack Corp., Puerto Rico, Inc. d/b/a/ Pep Boys, Defendants, Appellees. No. 04-1688.United States Court of Appeals, First Circuit.Heard January 3, 2005. Decided June 3, 2005. Appeal from the United States District Court for the District of Puerto Rico, Jay A. García-Gregory, J. […]

MAHONEY et al. v. CAROLENE PRODUCTS CO. No. 1704.Circuit Court of Appeals, First Circuit. November 14, 1924. Appeal from the District Court of the United States for the District of Massachusetts; George W. Anderson, Judge. Suit in equity by the Carolene Products Company against Francis X. Mahoney and others. Decree for complainant, and defendants appeal. […]

TOWN OF WINTHROP, et al., Petitioners, v. FEDERAL AVIATION ADMINISTRATION, Respondent, Massachusetts Port Authority, Intervenor-Respondent. No. 07-1953.United States Court of Appeals, First Circuit.Heard June 6, 2008. Decided July 23, 2008. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 3 Peter […]

Cruz MARTÍNEZ-RIVERA, et al., Plaintiffs, Appellants, v. Roberto SÁNCHEZ RAMOS, et al., Defendants, Appellees. No. 06-2398.United States Court of Appeals, First Circuit.Submitted May 11, 2007. Decided August 7, 2007. Appeal from the United States District Court for the District of Puerto Rico, Jay A. Garcia-Gregory, J. Page 4 Jo-Ann Estades Boyer, for appellants. Salvador J. […]

METROCORPS, INC., ET AL., PLAINTIFFS, APPELLEES, v. THE EASTERN MASSACHUSETTS JUNIOR DRUM BUGLE CORPS ASSOCIATION, ET AL., DEFENDANTS, APPELLANTS. No. 90-1074.United States Court of Appeals, First Circuit.Heard August 2, 1990. Decided August 24, 1990. Bruce R. Fox, for defendants, appellants. Joseph W. Casey, for plaintiffs, appellees. Appeal from the United States District Court for the […]

UNITED STATES, Appellee, v. RICARDO TORRES-GALINDO, a/k/a RICKY SILVA, Defendant, Appellant. UNITED STATES, Appellee, v. RICARDO L. GUILBE-SANCHEZ, a/k/a RICHARD LA SOMBRA, Defendant, Appellant. Nos. 99-1013, 99-1014.United States Court of Appeals, First Circuit.Heard January 4, 2000. Decided March 22, 2000. APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Daniel […]

Michelle MONTEAGUDO, Plaintiff, Appellee, v. ASOCIACIóN DE EMPLEADOS DEL ESTADO LIBRE ASOCIADO DE PUERTO RICO, Defendant, Appellant. No. 07-2341.United States Court of Appeals, First Circuit.Heard September 12, 2008. Decided January 26, 2009. Appeal from the United States District Court for the District of Puerto Rico, Gustavo A. Gelpí, J. Page 165 [EDITORS’ NOTE: THIS PAGE […]

Carl DREW, Petitioner, Appellant, v. Duane J. MacEACHERN, Respondent, Appellee. No. 09-1571.United States Court of Appeals, First Circuit.Heard July 26, 2010. Decided September 9, 2010. Appeal from the United States District Court for the District of Massachusetts, Patti B. Saris, J. Page 17 Cathryn A. Neaves, for petitioner, appellant. Natalie S. Monroe, Assistant Attorney General, […]

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. GUY MICHAEL QUATTRUCCI, DEFENDANT-APPELLANT. No. 71-1239.United States Court of Appeals, First Circuit.Heard November 1, 1971. Decided January 26, 1972. Harriett F. Hunt, Norridgewock, Me., by appointment of the Court, for appellant. Peter Mills, U.S. Atty., and Bruce A. Lehman, Atty., Selective Service System, on brief, for appellee. Appeal from […]

James F. O’CALLAHAN, Petitioner, Appellant, v. The ATTORNEY GENERAL OF the UNITED STATES, Respondent, Appellee. No. 6559.United States Court of Appeals, First Circuit.Submitted September 13, 1965. Decided October 1, 1965. Page 44 James F. O’Callahan on brief, pro se. W. Arthur Garrity, Jr., U.S. Atty., and Murray H. Falk, Asst. U.S. Atty., on brief, for […]

Leo E. FAYARD and Sara K. Fayard, Plaintiffs, Appellants, v. NORTHEAST VEHICLE SERVICES, LLC, East Brookfield Spencer Railroad, LLC, Holston Land Company, Incorporated, CSX Real Property, Inc., Steven M. Pugliese, and George W. Bell, II, Defendants, Appellees. No. 07-2222.United States Court of Appeals, First Circuit.Heard May 5, 2008. Decided July 14, 2008. Page 43 Appeal […]

IN THE MATTER OF EDGAR STELLA, ET AL., DEBTORS, APPELLANTS, v. GOVERNMENT DEVELOPMENT BANK OF PUERTO RICO, APPELLEE. No. 81-1102.United States Court of Appeals, First Circuit.Submitted September 18, 1981. Decided October 13, 1981. As Amended March 29, 1982. Page 327 Ismael H. Herrero, Jr., and Correa Calzada, Collazo Salazar, Herrero and Lazaro Paoli, San Juan, […]

BOND LEATHER CO., INC., PLAINTIFF, APPELLEE, v. Q.T. SHOE MFG. CO., INC. AND MARTIN S. NADLER, DEFENDANTS, APPELLANTS. BOND LEATHER CO., INC., PLAINTIFF, APPELLEE, v. Q.T. SHOE MFG. CO., INC., ET AL., DEFENDANTS, APPELLEES, MELVIN NADLER, INC., DEFENDANT, APPELLANT. Nos. 84-1344, 84-1345.United States Court of Appeals, First Circuit.Argued February 7, 1985. Decided June 18, 1985. […]

DRYDEN OIL COMPANY OF NEW ENGLAND, INC., DRYDEN OIL COMPANY, INC., AND DRYDEN OIL COMPANY OF PENNSYLVANIA, INC., PLAINTIFFS/APPELLANTS, v. THE TRAVELERS INDEMNITY COMPANY, THE TRAVELERS INDEMNITY COMPANY OF ILLINOIS, AND AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, DEFENDANTS/APPELLEES. No. 95-1608United States Court of Appeals, First Circuit.Heard October 5, 1995 August 5, 1996 Page 279 [EDITORS’ NOTE: […]

UNITED STATES of America, Appellee, v. Jack Wade RANDALL, Defendant, Appellant. Nos. 01-1452, 01-1453.United States Court of Appeals, First Circuit.Heard January 9, 2002. Decided April 19, 2002. Appeal from the United States District Court for the District of Maine, George Z. Singal, J. Page 28 Wayne R. Foote with whom Foote Temple was on brief […]

David FRENCH; Tammy French, Plaintiffs, Appellants, v. CORPORATE RECEIVABLES, INC.; Eric Turner, Defendants, Appellees. No. 06-1533.United States Court of Appeals, First Circuit.Heard March 8, 2007. Decided June 7, 2007. Appeal from the United States District Court for the District of Massachusetts, Michael A. Ponsor, J. Jason David Fregeau, for appellants. Adam J. Basch, with whom […]

BRADIER STEVE LANDOL-RIVERA, ETC., ET AL., PLAINTIFFS, APPELLEES, v. GILBERTO CRUZ COSME AND JAIME CINTRON RAMOS, DEFENDANTS, APPELLANTS. No. 89-2009.United States Court of Appeals, First Circuit.Heard April 3, 1990. Decided June 20, 1990. Jorge E. Perez-Diaz, Sol. Gen., Dept. of Justice, San Juan, P.R., with whom Vannessa Ramirez, Asst. Sol. Gen., was on brief, for […]

Vjollca DINE; Vasil Treska, Petitioners, Alberto R. GONZALES, Attorney General of the United States, Respondent. No. 06-1173.United States Court of Appeals, First Circuit.Submitted August 2, 2006. Decided September 27, 2006. Fatos Koleci on brief for petitioners. Phillip M. Seligman, Trial Attorney, Civil Division, Peter D. Keisler, Assistant Attorney General, Civil Division, and Terri J. Scadron, […]

Teofilo Marzuach PLUMEY, Plaintiff, Appellant, v. Carolina Amelia ACOSTA et al., Defendants, Appellees. No. 2296.Circuit Court of Appeals, First Circuit. November 10, 1928. Appeal from Supreme Court of Porto Rico. Francis H. Dexter and Mariano Acosta Velarde, both of San Juan, Porto Rico, for appellee. Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges. PER CURIAM. Dismissed […]

GLOUCESTER MARINE RAILWAYS CORP., PLAINTIFF, APPELLEE, v. CHARLES PARISI, INC., ET AL., DEFENDANTS, APPELLANTS. JOHN JOSEPH TAYLOR AND TRANS-ATLANTIC MARINE, INC., DEFENDANTS, APPELLEES. No. 87-1708.United States Court of Appeals, First Circuit.Heard January 5, 1988. Decided June 2, 1988. Robert L. Burke with whom Robert P. Sullivan and Callan, Sullivan Burke, P.C., Lowell, Mass., were on […]

VISITING NURSE ASSOCIATION OF NORTH SHORE, INC., ET AL., Plaintiffs, Appellees, v. BRUCE M. BULLEN, ET AL., Defendants, Appellants. VISITING NURSE ASSOCIATION OF NORTH SHORE, INC., ET AL., Plaintiffs, Appellants, v. BRUCE M. BULLEN, ET AL., Defendants, Appellees. Nos. 95-1849, 95-1999.United States Court of Appeals, First Circuit.Heard January 11, 1996 August 22, 1996. Page 998 […]