Category: First Circuit Court of Appeals Opinions

UNITED STATES OF AMERICA, APPELLEE, v. JOSE RAFAEL PEREZ-FRANCO, DEFENDANT, APPELLANT. No. 88-1768.United States Court of Appeals, First Circuit.Heard January 13, 1989. April 28, 1989. Page 456 John F. Cicilline, Providence, R.I., for appellant. James H. Leavey, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., Providence, R.I., was on brief for the U.S. […]

UNITED STATES OF AMERICA, Appellee, v. JEFFREY W. SPINNEY, Defendant, Appellant. No. 94-1958United States Court of Appeals, First Circuit.Heard August 4, 1995 Decided September 19, 1995 Page 232 Diana L. Maldonado, Federal Defender Office, for appellant. Timothy Q. Feeley, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief, for […]

CENTRAL MAINE POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Bangor Hydro-Electric Company, et al., Petitioners, v. Federal Energy Regulatory Commission, Respondent. NStar Services Company, Petitioner, v. Federal Energy Regulatory Commission, Respondent. Alternate Power Source, Inc., Petitioner, v. Federal Energy Regulatory Commission, Respondent. Nos. 01-1376, 01-1377, 01-1541 and 01-1551.United States Court of Appeals, First […]

WILFREDO MARQUEZ COLON ET AL., PLAINTIFFS, APPELLEES, v. JAMES E. CARTER, PRESIDENT, ETC., ET AL., DEFENDANTS, APPELLANTS. COMMONWEALTH OF PUERTO RICO, PLAINTIFF, APPELLANT, v. EDMUND S. MUSKIE ET AL., DEFENDANTS, APPELLEES. WILFREDO MARQUEZ COLON ET AL., PLAINTIFFS, APPELLANTS, v. JAMES E. CARTER, PRESIDENT, ETC. ET AL., DEFENDANTS, APPELLEES. Nos. 80-1665, 80-1666 and 80-1667.United States Court […]

Frank C. MITCHELL, Plaintiff, Appellant, v. TRAWLER RACER, INC., Defendant, Appellee. No. 5429.United States Court of Appeals, First Circuit. April 7, 1959. Page 427 Morris D. Katz, Boston, Mass., for appellant. James A. Whipple, Boston, Mass., for appellee. Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges. MAGRUDER, Chief Judge. The amended complaint in […]

JAMES LOGUE, SR., PLAINTIFF, APPELLANT, v. RONALD DORE, DEFENDANT, APPELLEE. No. 96-1143United States Court of Appeals, First Circuit. January 8, 1997 Page 1041 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1042 William H. Rowerdink, III, Quincy, MA, for plaintiff-appellant. Leonard H. […]

George HAVERCOMBE, Plaintiff, Appellant, v. DEPARTMENT OF EDUCATION OF THE COMMONWEALTH OF PUERTO RICO; Victor Fajardo, Secretary, in his Individual and Official Capacity, Defendants, Appellees. No. 00-1931.United States Court of Appeals, First Circuit.Heard March 5, 2001. May 11, 2001. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Carmen Consuelo […]

CAMBRIDGE LITERARY PROPERTIES, Ltd., Plaintiff, Appellant, v. W. GOEBEL PORZELLANFABRIK G.m.b.H Co. Kg., Goebel Verwaltungs — und Beteiligungsgesellschaft m.b.H., the General Partner of Goebel Porzellanfabrik G.m.b.H. Co. Kg., and its former General Partners, Wilhelm Goebel And Ulrich Stocke, and Goebel Art G.m.b.H., d/b/a Goebel of North America, Defendants, Appellees. No. 01-1043.United States Court of Appeals, […]

JALBERT LEASING, INC., d/b/a C J Trailways, et al., Plaintiffs, Appellants, v. MASSACHUSETTS PORT AUTHORITY, Defendant, Appellee. No. 05-2004.United States Court of Appeals, First Circuit.Heard December 6, 2005. Decided April 12, 2006. Appeal from the United States District Court for the District of Massachusetts, Marianne B. Bowler, United States Magistrate Judge. Jeremy Kahn with whom […]

ROBERT DOYLE, PLAINTIFF, APPELLEE, v. THE PAUL REVERE LIFE INSURANCE COMPANY, DEFENDANT, APPELLANT. No. 97-1275.United States Court of Appeals, First Circuit. June 2, 1998. Page 182 Appeal from the United States District Court for the District of Massachusetts, Hon. Patti B. Saris, U.S. District Judge. Page 183 Joseph M. Hamilton with whom Mirick, O’Connell, DeMallie […]

DELTA AIR LINES, INC., PLAINTIFF, APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. KAREN HAELSIG McMASTER, ETC., ET AL., PLAINTIFFS, APPELLANTS, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. Nos. 76-1269, 76-1270.United States Court of Appeals, First Circuit.Argued November 3, 1976. Decided August 12, 1977. Page 382 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

Alan S. NOONAN, Plaintiff, Appellant, v. STAPLES, INC., Defendant, Appellee. No. 07-2159.United States Court of Appeals, First Circuit.Heard February 7, 2008. Decided August. 21, 2008. Appeal from the United States District Court for the District of Massachusetts, Morris E. Lasker, J. Page 2 Wendy Sibbison, with whom Richard M. Gelb, Stamenia Tzouganatos, Daniel K. Gelb, […]

Librado SEDA ALVAREZ, Defendant, Appellant, v. The PEOPLE OF PUERTO RICO, Appellee. No. 5900.United States Court of Appeals, First Circuit. March 1, 1962. Appeal from the Supreme Court of Puerto Rico. Melvin S. Louison, Taunton, Mass., for appellant. Jorge Segarra Olivero, Asst. Sol. Gen., with whom J.B. Fernandez Badillo, Sol. Gen., San Juan, P.R., was […]

NETTIE SHANSKY, PLAINTIFF, APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. No. 98-1658.United States Court of Appeals, First Circuit.Heard December 10, 1998. Decided January 8, 1999. Page 689 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [HON. REGINALD C. LINDSAY, U.S. DISTRICT JUDGE]. Page 690 Frank Verderame, with whom Laurence G. […]

HI-G, INCORPORATED, Plaintiff, Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant, Appellee. No. 7016.United States Court of Appeals, First Circuit. March 27, 1968. Robert F. Sylvia, Boston, Mass., with whom Fine Ambrogne, Boston, Mass., was on brief, for appellant. Lionel H. Perlo, Boston, Mass., with whom Jacob J. Locke, and Ficksman Conley, Boston, […]

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. COMUNIDADES UNIDAS CONTRA LA CONTAMINACION, PLAINTIFF-INTERVENOR, APPELLANT, v. PUERTO RICO ELECTRIC POWER AUTHORITY, DEFENDANT-APPELLEE. No. 99-1752.United States Court of Appeals, First Circuit.Heard January 5, 2000 Decided February 25, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO, [Hon. Carmen Consuelo Cerezo U.S. District Judge]. […]

RICHARD H. WHITE, PLAINTIFF, APPELLEE, v. NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY, ET AL., DEFENDANTS, APPELLANTS. No. 79-1536.United States Court of Appeals, First Circuit.Argued April 7, 1980. Decided June 3, 1982. Page 284 Michael M. Black, Deerfield, N. H., with whom Edward F. Smith, Concord, N. H., was on brief, for defendants, appellants. Raymond J. […]

STACY MARIE VINCENT, ET AL., PLAINTIFFS, APPELLANTS, v. LOUIS MARX CO., INC., ET AL., DEFENDANTS, APPELLEES. No. 88-1554.United States Court of Appeals, First Circuit.Heard February 7, 1989. Decided May 3, 1989. As Amended May 9, 1989. Page 37 Edward M. Swartz with whom Alan L. Cantor and Swartz Swartz, Boston, Mass., were on brief, for […]

UNITED STATES, PLAINTIFF-APPELLEE, v. CLAUDIO GONZALEZ-TORRES, DEFENDANT-APPELLANT. No. 91-2140.United States Court of Appeals, First Circuit.Heard October 7, 1992. Decided November 20, 1992. As Amended November 20, 1992. Page 789 Luis Rafael-Rivera, San Juan, P.R., on brief, for defendant-appellant. Jose A. Quiles-Espinosa, Asst. U.S. Atty. and Sr. Litigation Counsel, with whom Daniel F. Lopez-Romo, U.S. Atty., […]

NATIONAL LABOR RELATIONS BOARD v. REPUBLICAN PUB. CO. et al. No. 4408.United States Court of Appeals, First Circuit. May 12, 1949. On Petition for Enforcement of an Order of the National Labor Relations Board. Petition by the National Labor Relations Board for enforcement of an order against the Republican Publishing Company and others. Enforcement decree […]

MARGARET FISHER, PLAINTIFF, APPELLANT, v. WALTER FLYNN, ETC., ET AL., DEFENDANTS, APPELLEES. No. 79-1005.United States Court of Appeals, First Circuit.Argued April 2, 1979. Decided May 8, 1979. Page 664 Gerard J. Clark, Cambridge, Mass., for plaintiff, appellant. Herbert D. Friedman, Boston, Mass., with whom Morris M. Goldings and Hawkes Goldings, Boston, Mass., were on brief […]

RONALD MASURE, ET AL., PLAINTIFFS, APPELLEES, v. JOHN B. DONNELLY, DEFENDANT, APPELLANT. RONALD MASURE, ET AL., PLAINTIFFS, APPELLANTS, v. JOHN B. DONNELLY, DEFENDANT, APPELLEE. Nos. 91-1954, 91-2000.United States Court of Appeals, First Circuit.Heard March 2, 1992. Decided April 24, 1992. Page 129 Bernard J. Kubetz, Bangor, Me., with whom Thad B. Zmistowski and Eaton, Peabody, […]

NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. NEW ENGLAND NEWSPAPERS, INC., D/B/A TRANSCRIPT NEWSPAPERS, RESPONDENT. No. 88-1009.United States Court of Appeals, First Circuit.Argued July 28, 1988. Decided September 12, 1988. Page 410 Collis Suzanne Stocking, Supervisory Atty., with whom Rosemary M. Collyer, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. […]

LOUIS V. JACKVONY, JR., PLAINTIFF, APPELLANT, v. RIHT FINANCIAL CORPORATION, ETC., ET AL., DEFENDANTS, APPELLEES. JOHN R. CIOCI, ET AL., PLAINTIFFS, APPELLEES, v. RIHT FINANCIAL CORPORATION, ETC., ET AL., DEFENDANTS, APPELLANTS. Nos. 88-1446, 88-1600.United States Court of Appeals, First Circuit.Heard December 6, 1988. Decided March 30, 1989. Page 412 John R. Fornaciari, P.C., with whom […]

UNITED STATES OF AMERICA, APPELLEE, v. JOHN M. SMITH, DEFENDANT, APPELLANT. No. 81-1273.United States Court of Appeals, First Circuit.Argued February 10, 1982. Decided June 8, 1982. Rehearing Denied June 29, 1982. Page 256 Ellen K. Wade, Boston, Mass., with whom Henry F. Owens, III., David C. Casey, and Owens Associates, Boston, Mass., were on brief, […]

AROOSTOOK BAND OF MICMACS, Plaintiff, Appellee, v. Patricia E. RYAN, in her official capacity as Executive Director of the Human Rights Commission of the State of Maine; Warren C. Kessler, in his official capacity as member of the Human Rights Commission of the State of Maine; Paul K. Vestal, Jr., in his official capacity as […]

William Phillip YOUNG, Defendant, Appellant, v. Elizabeth A. SLANEY, Adm’x d.b.n. and Adm’x, Plaintiff, Appellee. No. 5320.United States Court of Appeals, First Circuit.Heard May 7, 1958. Decided June 4, 1958. Page 786 Michael T. Prendergast, Boston, Mass., with whom Paul Ferguson, Marblehead, Mass., was on the brief, for appellant. Samuel Abrams, Boston, Mass., with whom […]

In re Curtis M. PERRY, Debtor, Curtis M. Perry, Debtor, Appellant, v. First Citizens Federal Credit Union, Defendant, Appellee. No. 04-1286.United States Court of Appeals, First Circuit.Heard October 5, 2004. Decided December 1, 2004. Appeal from the District Court, William G. Young, Chief Judge. Page 283 Gary W. Cruickshank for appellant. Cara J. Daniels with […]

Frederick V. FOWLER et al., Defendants, Appellants, v. SPONGE PRODUCTS CORPORATION et al., Plaintiffs, Appellees. No. 5210.United States Court of Appeals, First Circuit. June 25, 1957. Page 224 Robert B. Russell, Boston, Mass., with whom Porter, Chittick Russell, Boston, Mass., was on brief, for appellants. Hector M. Holmes, Boston, Mass., with whom A. Donham Owen, […]

GRANADA WINES, INC., DEBTOR, APPELLANT, v. NEW ENGLAND TEAMSTERS AND TRUCKING INDUSTRY PENSION FUND, APPELLEE. No. 84-1518.United States Court of Appeals, First Circuit.Argued October 2, 1984. Decided November 13, 1984. Page 43 Charles L. Glerum, Boston, Mass., with whom Robert M. Gargill and Choate, Hall Stewart, Boston, Mass., were on brief for debtor, appellant. James […]

RUSSELL A. LUGO-VINA ET AL., PLAINTIFFS, APPELLEES, v. PUEBLO INTERNATIONAL, INC., ET AL., DEFENDANTS, APPELLANTS. No. 77-1206.United States Court of Appeals, First Circuit. April 27, 1978. William L. Patton, Boston, Mass., with whom John M. Harrington, Jr., Ropes Gray, David Rive Rivera, and Calderon, Rosa, Silva Vargas, Hato Rey, P.R., were on brief, for defendants, […]

EVANS CABINET CORPORATION, Plaintiff, Appellant, v. KITCHEN INTERNATIONAL, INC., Defendant, Appellee. No. 08-2579.United States Court of Appeals, First Circuit.Heard September 10, 2009. Decided February 3, 2010. Page 136 Appeal from the United States District Court for the District of Massachusetts, Joseph L. Tauro, J. Page 137 Charles K. Reed, with whom P. Michael Freed, McKenna […]

UNITED STATES OF AMERICA, APPELLANT, v. JAMES DEAN ANDERSON, DEFENDANT, APPELLEE. No. 90-1620.United States Court of Appeals, First Circuit.Heard November 8, 1990. Decided December 13, 1990. Page 336 Douglas Cannon, Asst. U.S. Atty., with whom Jeffrey R. Howard, U.S. Atty., Concord, N.H., was on brief, for U.S. John Burwell Garvey, with whom Sulloway Hollis Soden, […]

UNITED STATES OF AMERICA, APPELLEE, v. GILBERT TORRES, DEFENDANT, APPELLANT. No. 85-1208.United States Court of Appeals, First Circuit.Argued May 5, 1986. Decided June 19, 1986. Page 437 Robert R. Berluti, Boston, Mass., by Appointment of the Court, for appellant. Joseph F. Savage, Jr., Sp. Asst. U.S. Atty., with whom William F. Weld, U.S. Atty., Boston, […]

CAPE AND VINEYARD DIVISION OF THE NEW BEDFORD GAS AND EDISON LIGHT COMPANY, PETITIONERS, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, RESPONDENT. No. 74-1223.United States Court of Appeals, First Circuit.Argued November 5, 1974. Decided March 3, 1975. Page 1149 Lawrence M. Kearns, Boston, Mass., with whom Morgan, Brown, Kearns Joy, Boston, Mass., was on brief, […]

Jose Teodoro NAVARRO-CHALAN, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 03-1518.United States Court of Appeals, First Circuit.Heard February 2, 2004. Decided February 25, 2004. ON PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS. Page 20 John P. Bueker, with whom Ropes Gray LLP and Bradford E. Steiner were on brief, […]

EAGLE-PICHER INDUSTRIES, INC., PLAINTIFF, APPELLEE, v. LIBERTY MUTUAL INSURANCE COMPANY, ET AL., DEFENDANTS, APPELLEES. AMERICAN MOTORISTS INSURANCE COMPANY, DEFENDANT, APPELLANT. EAGLE-PICHER INDUSTRIES, INC., PLAINTIFF, APPELLANT, v. LIBERTY MUTUAL INSURANCE COMPANY, ET AL., DEFENDANTS, APPELLEES. Nos. 86-1913, 86-1915.United States Court of Appeals, First Circuit.Heard May 6, 1987. Decided September 16, 1987. Page 228 [EDITORS’ NOTE: THIS […]

Alfred GEOFFROY et al., Plaintiffs, Plaintiffs in Error, v. NEW YORK, NEW HAVEN HARTFORD RAILROAD COMPANY, Defendant, Defendant in Error. No. 2081.Circuit Court of Appeals, First Circuit. January 26, 1927. In Error to the District Court of the United States for the District of Rhode Island; Arthur L. Brown, Judge. James McGovern, of Boston, Mass. […]

UNITED STATES of America, Appellee, v. Pedro DE JESUS MATEO, Defendant, Appellant. No. 00-1711.United States Court of Appeals, First Circuit.Heard May 7, 2004. Decided June 24, 2004. Appeal from the United States District Court for the District of Puerto Rico, George A. O’Toole, Jr.,[*] J. [*] Of the District of Massachusetts, sitting by designation. Page […]

Lonnie WATKINS, Petitioner, Appellant, v. Paul MURPHY, Respondent, Appellee. No. 01-2018.United States Court of Appeals, First Circuit.Heard March 5, 2002. Decided June 11, 2002. Appeal from the United States District Court for the District of Massachusetts, Nancy Gertner, J. Page 71 Robert L. Sheketoff, with whom Sheketoff Homan was on brief, for appellant. Cathryn A. […]

ENRIQUE VELAZCO ET AL., PLAINTIFFS, APPELLANTS, v. STEVEN A. MINTER, ETC., DEFENDANT, APPELLEE. No. 73-1018.United States Court of Appeals, First Circuit.Heard April 10, 1973. Decided June 26, 1973. Page 574 Paula W. Gold, Boston, Mass., with whom R. Peter Anderson, Boston, Mass. was on brief, for appellants. Kenneth A. Behar, Asst. Atty. Gen., with whom […]

IVAN RUIZ, ET AL., PLAINTIFFS, APPELLANTS, v. POSADAS DE SAN JUAN ASSOCIATES, DEFENDANT, APPELLEE. No. 97-1065.United States Court of Appeals, First Circuit.Heard June 3, 1997. Decided August 18, 1997. Page 244 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 245 Jose L. […]

CASCO INDEMNITY CO., PLAINTIFF, APPELLANT, v. RHODE ISLAND INTERLOCAL RISK MANAGEMENT TRUST, DEFENDANTS, APPELLEES. No. 96-1820.United States Court of Appeals, First Circuit. May 12, 1997. Page 3 Alice Olsen Mann with whom David E. Maglio, Providence, RI, and Morrison, Mahoney Miller were on brief, for appellant. Rosemary Healey, Providence, RI, with whom James M. Green, […]

UNITED STATES OF AMERICA, APPELLEE, v. HERMINIO CRUZ, DEFENDANT, APPELLANT. No. 78-1008.United States Court of Appeals, First Circuit.Argued January 6, 1978. Decided January 6, 1978. David P. Twomey, Asst. U.S. Atty., Boston, Mass., on appellee’s motion for summary affirmance, with whom Edward F. Harrington, U.S. Atty., and Walter B. Prince, Asst. U.S. Atty., Boston, Mass., […]

COMMONWEALTH OF MASSACHUSETTS, PLAINTIFF, APPELLANT, v. RICHARD E. LYNG, ET AL., DEFENDANTS, APPELLEES. COMMONWEALTH OF MASSACHUSETTS, PLAINTIFF, APPELLEE, v. RICHARD E. LYNG, ET AL., DEFENDANTS, APPELLEES, COALITION FOR BASIC HUMAN NEEDS, PLAINTIFF, INTERVENOR, APPELLANT. Nos. 89-1302, 89-1303.United States Court of Appeals, First Circuit.Heard October 3, 1989. Decided January 9, 1990. As Amended January 16, 1990. […]

Marwan Youssef ALBATHANI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 02-1541.United States Court of Appeals, First Circuit.Heard December 3, 2002. Decided February 6, 2003. Appeal from the Board of Immigration Appeals (BIA). Page 366 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

UNITED STATES, Appellee, v. Ramon RAMIREZ-BENITEZ, a/k/a Sealed Defendant 12, a/k/a El Viejo, a/k/a Moncho. Defendant, Appellant. No. 00-1497.United States Court of Appeals, First Circuit.Heard January 11, 2002. Decided June 4, 2002. Appeal from the United States District Court for the District of Puerto Rico, Hèctor M. Laffitte, District Judge, and Jack B. Weinstein,[*] Senior […]

NATIONAL LABOR RELATIONS BOARD v. LOCAL 404, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN HELPERS OF AMERICA, A.F.L. No. 4719.United States Court of Appeals, First Circuit. June 10, 1953. Page 100 Samuel M. Singer, Washington, D.C. (George J. Bott, Gen. Counsel, David P. Findling, Associate Gen. Counsel, A. Norman Somers, Asst. Gen. Counsel, and James A. […]

UNITED STATES of America, Appellee, v. Robert HUNT, Defendant, Appellant. No. 06-2294.United States Court of Appeals, First Circuit.Heard April 6, 2007. Decided September 17, 2007. Appeal from the United States District Court for the District of Massachusetts, Reginald C. Lindsay, J. Matthew Kamholtz, for appellant. Page 35 James P. Lang, Assistant United States Attorney, with […]

UNITED STATES, APPELLEE, v. LEONARD T. SENIBALDI, DEFENDANT, APPELLANT. No. 90-1842.United States Court of Appeals, First Circuit.Heard December 6, 1991. Decided March 10, 1992. Charles A. Clifford, Charlestown, Mass., with whom Ann K. Lambert, Cambridge, Mass., was on brief, for defendant-appellant. Douglas Cannon, Asst. U.S. Atty., with whom Jeffrey R. Howard, U.S. Atty., was on […]

CLARK, Immigration Inspector, v. ORABONA. No. 2664.Circuit Court of Appeals, First Circuit. May 31, 1932. Appeal from the District Court of the United States for the District of Rhode Island; Ira Lloyd Letts, Judge. Habeas corpus proceedings by James Orabona against William M. Clark, United States Immigration Inspector. From an order granting the writ [53 […]

BRADFORD ELECTRIC LIGHT CO., Inc., v. CLAPPER. No. 2465.Circuit Court of Appeals, First Circuit. January 8, 1931. On Rehearing June 29, 1931. Page 993 Appeal from the District Court of the United States for the District of New Hampshire; George F. Morris, Judge. Action by Jennie M. Clapper, administratrix, against the Bradford Electric Light Company, […]

44 LIQUORMART, INC. AND PEOPLES SUPER LIQUOR STORES, INC., PLAINTIFFS, APPELLEES, v. STATE OF RHODE ISLAND, DEFENDANT, APPELLEE, RHODE ISLAND LIQUOR STORES ASSOCIATION, INTERVENOR, APPELLANT. 44 LIQUORMART, INC. AND PEOPLES SUPER LIQUOR STORES, INC., PLAINTIFFS, APPELLEES, v. STATE OF RHODE ISLAND, DEFENDANT, APPELLANT. Nos. 93-1893, 93-1927.United States Court of Appeals, First Circuit.Heard February 10, 1994. […]

PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, ET AL., PLAINTIFFS, CONNECTICUT VALLEY ELECTRIC COMPANY AND CENTRAL VERMONT PUBLIC SERVICE CORPORATION, INTERVENORS, APPELLEES, v. DOUGLAS L. PATCH, CHAIRMAN OF THE STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION, ET AL., DEFENDANTS, APPELLANTS. No. 99-1754.United States Court of Appeals, First Circuit.Heard December 8, 1999 Decided January 24, 2000. APPEAL […]

UNITED STATES, Appellee, v. Dana Eugene McGOVERN; McGovern’s Ambulance Service, Inc., Defendants, Appellants. Nos. 02-2064, 02-2065.United States Court of Appeals, First Circuit.Submitted April 7, 2003. Decided May 21, 2003. Appeal from the United States District Court for the District of Maine, George Z. Singal, J. Page 248 Leonard I. Sharon and Sharon, Leary Detroy on […]

ESTATE OF Murray KEATINGE, Cecelia Cole as Executrix, Plaintiff, Appellee, v. Elizabeth H. BIDDLE, Strout Payson, P.A., Defendants, Appellants. No. 02-1317.United States Court of Appeals, First Circuit.Heard September 5, 2002. Decided November 1, 2002. Appeal from the United States District for the District of Maine, D. Brock Hornby, Chief Judge. Page 8 James M. Bowie […]

Kelly SAINT FORT, Petitioner, Appellant, v. John ASHCROFT, Attorney General, Respondent, Appellee. No. 02-2451.United States Court of Appeals, First Circuit.Heard March 6, 2003. Decided May 9, 2003. Appeal from the United States District Court for the District of Massachusetts, Richard G. Stearns, J. Page 192 Allan M. Tow for appellant. Christopher C. Fuller, Senior Litigation […]

IN RE JOHN E. DUNN, APPELLANT. No. 74-1386.United States Court of Appeals, First Circuit.Argued December 4, 1974. Decided December 11, 1974. Page 196 William J. Cintolo, Revere, Mass., for appellant. Jeremiah T. O’Sullivan, Sp. Atty., Dept. of Justice, with whom James N. Gabriel, U.S. Atty., and Gerald E. McDowell, Sp. Atty., Dept. of Justice, Boston, […]

UNITED STATES OF AMERICA, APPELLEE, v. GEORGE BURTON KUBITSKY, DEFENDANT-APPELLANT. No. 72-1279.United States Court of Appeals, First Circuit.Heard November 9, 1972. Decided December 13, 1972. Page 1254 Henry D. Katz, Boston, Mass., with whom Joseph J. Balliro, Boston, Mass., was on brief, for appellant. John B. Wlodkowski, Asst. U.S. Atty., with whom Peter Mills, U.S. […]

HOMEFINDERS OF AMERICA, INC., PLAINTIFF, APPELLANT, v. PROVIDENCE JOURNAL COMPANY ET AL., DEFENDANTS, APPELLEES. No. 79-1396.United States Court of Appeals, First Circuit.Argued February 6, 1980. Decided March 26, 1980. As Amended on Motion for Correction or Modification of Opinion April 22, 1980. Ralph J. Gonnella, Providence, R. I., for plaintiff, appellant. Joseph V. Cavanagh, Jr., […]

NORTH CAROLINA NATIONAL BANK, PLAINTIFF, APPELLEE, v. CESAR MONTILLA, JR., ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, APPELLANTS, v. PALMAS DEL MAR COMPANY ET AL., THIRD-PARTY DEFENDANTS, APPELLEES. No. 78-1555.United States Court of Appeals, First Circuit.Argued May 11, 1979. Decided June 29, 1979. Harry Segarra Arroyo, Santurce, P. R., with whom Harvey B. Nachman, Santurce, P. […]

UNITED STATES OF AMERICA, APPELLEE, v. DENNIS G. STANLEY, DEFENDANT, APPELLANT. No. 90-1239.United States Court of Appeals, First Circuit.Heard July 31, 1990. Decided October 4, 1990. Charles P. McGinty, Federal Defender Office, for defendant, appellant. Duane J. Deskins, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., was on brief, for U.S. Appeal from […]

Rita M. FOISY, Plaintiff, Appellee, v. ROYAL MacCABEES LIFE INSURANCE COMPANY and Reassure America Life Insurance Company, Defendants, Appellants. No. 03-1382.United States Court of Appeals, First Circuit.Heard November 3, 2003. Decided January 22, 2004. Appeal from the United States District Court for the District of Massachusetts, Kenneth P. Neiman, United States Magistrate Judge. Page 142 […]

JOSE TAPIA TRINIDAD, PLAINTIFF, APPELLANT, v. SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLEE. No. 90-2051.United States Court of Appeals, First Circuit.Submitted January 25, 1991. Decided June 6, 1991. Page 14 Raymond Rivera Esteves and Juan A. Hernandez Rivera on brief for plaintiff, appellant. Daniel F. Lopez Romo, U.S. Atty., Jose Vazquez Garcia, Asst. U.S. […]

MIGUEL A. ROSADO, PLAINTIFF, APPELLANT, v. SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLEE. No. 86-1264.United States Court of Appeals, First Circuit.Submitted September 12, 1986. Decided December 19, 1986. Salvador Medina De La Cruz, Rio Piedrars, P.R., on brief, for plaintiff, appellant. Donna J. Fuchsluger, Office of General Counsel, Social Sec. Div., Dept. of Health […]

ST. REGIS PAPER CO. v. STUART. STUART v. ST. REGIS PAPER CO. Nos. 4803, 4804.United States Court of Appeals, First Circuit. July 26, 1954. Rehearing Denied August 18, 1954. Page 763 Bailey Aldrich, Boston, Mass. (Horace R. Lamb, New York City, Choate, Hall Stewart, Boston, Mass., and LeBoeuf, Lamb Leiby, New York City, on the […]

SHARON L. RUSSELL, PLAINTIFF, APPELLEE, v. SALVE REGINA COLLEGE, ET ALS., DEFENDANTS, APPELLANTS. SHARON L. RUSSELL, PLAINTIFF, APPELLANT, v. SALVE REGINA COLLEGE, ET ALS., DEFENDANTS, APPELLEES. Nos. 89-1564, 89-1597.United States Court of Appeals, First Circuit.Heard October 3, 1989. Decided November 20, 1989. Page 485 Steven E. Snow, with whom Partridge, Snow Hahn, Providence, R.I., was […]

UNITED STATES OF AMERICA, APPELLANT, v. STEVEN M. ROSTOFF, ET AL., DEFENDANTS, APPELLEES. No. 93-1376.United States Court of Appeals, First Circuit.Heard January 9, 1995. Decided April 24, 1995. Page 399 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 400 [EDITORS’ NOTE: THIS […]

MOSS et al. v. SHERBURNE et al. No. 1855.Circuit Court of Appeals, First Circuit. March 3, 1926. On Petition for Rehearing April 6, 1926. In Error to the District Court of the United States for the District of Massachusetts; James M. Morton, Judge. Action by John H. Sherburne and others, trustees, against Jacinto Moss and […]

J.S. FARLEE Co., Inc., v. SPRINGFIELD-SOUTH MAIN REALTY CO. No. 3162.Circuit Court of Appeals, First Circuit. December 10, 1936. Appeal from the District Court of the United States for the District of Massachusetts; Hugh D. McLellan, Judge. Reorganization proceeding by the Springfield-South Main Realty Company, debtor, wherein the J.S. Farlee Co., Inc., a bondholder, filed […]

UNITED STATES, APPELLEE, v. JOSE R. HERNANDEZ-LEBRON, DEFENDANT, APPELLANT. No. 92-1141.United States Court of Appeals, First Circuit.Heard March 8, 1994. Decided May 18, 1994. Page 601 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 602 Harry R. Segarra, for appellant. Ernesto Hernandez-Milan, […]

UNITED STATES of America, Appellee, v. Christopher C. MITCHELL, Defendant, Appellant. No. 7614.United States Court of Appeals, First Circuit. October 7, 1970. As Amended October 22, 1970. Page 355 Charles F. Choate, Boston, Mass., with whom Mark A. Michelson, and Choate, Hall Stewart, Boston, Mass., were on brief, for appellant. Carleton D. Powell, Atty., Dept. […]

BEARD v. MANLEY et al. No. 1859.Circuit Court of Appeals, First Circuit. January 26, 1926. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Suit by Herbert A. Beard against John B. Manley and another. Decree for defendants, and plaintiff appeals. Affirmed. Alfred E. Lunt, of […]

UNITED STATES OF AMERICA, APPELLEE, v. PRISCILLA JACKSON, DEFENDANT, APPELLANT. No. 92-1686.United States Court of Appeals, First Circuit.Heard May 5, 1993. Decided August 31, 1993. Page 507 Norman E. V. D’Andrea, Providence, RI, by Appointment of the Court, for defendant, appellant. Kenneth P. Madden, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., Providence, […]

RICHARD C. POWERS, PLAINTIFF, APPELLANT, v. BOSTON COOPER CORPORATION, DEFENDANT, APPELLEE. No. 90-1962.United States Court of Appeals, First Circuit.Heard February 7, 1991. Decided February 27, 1991. Page 110 Frank J. Ciano, Cambridge, Mass., for plaintiff, appellant. Catherine E. Reuben with whom Jeffrey L. Hirsch and Brown, Rudnick, Freed Gesmer, were on brief, Boston, Mass., for […]

UNITED STATES OF AMERICA, APPELLEE, v. STEVEN P. RAPOPORT, DEFENDANT, APPELLANT. No. 98-1373.United States Court of Appeals, First Circuit.Heard September 9, 1998. Decided October 27, 1998. Appeal from the United States District Court for the District of Massachusetts, Hon. William G. Young, U.S. District Judge. Page 2 Michael J. Sacchitella with whom Jantzen Sacchitella was […]

OCTAVIO JIMENEZ-NIEVES, ET AL., PLAINTIFFS, APPELLANTS, v. UNITED STATES OF AMERICA, ET AL., DEFENDANTS, APPELLEES. No. 81-1534.United States Court of Appeals, First Circuit.Argued February 4, 1982. Decided June 22, 1982. Blas C. Herrero, Jr., Hato Rey, P. R., for plaintiffs, appellants. Anne Buxton Sobol, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., with […]

NATIONAL METAL FINISHING COMPANY, INC., PLAINTIFF, APPELLANT, v. BARCLAYSAMERICAN/COMMERCIAL, INC., DEFENDANT, APPELLEE. No. 89-1736.United States Court of Appeals, First Circuit.Heard January 8, 1990. Decided March 29, 1990. Page 120 Robert Aronson, for plaintiff, appellant. Robert D. Cultice, with whom Brooks S. Thayer and Goldstein Manello, Boston, Mass., were on brief, for defendant, appellee. Appeal from […]

John DeCECCO, Defendant, Appellant, v. UNITED STATES of America, Appellee. No. 6367.United States Court of Appeals, First Circuit. November 30, 1964. Joseph Mainelli, Providence, R.I., for appellant. Alton W. Wiley, Asst. U.S. Atty., with whom Raymond J. Pettine, U.S. Atty., was on brief, for appellee. Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges. […]

IN RE BOSTON PROVIDENCE RAILROAD CORPORATION. IN RE BOSTON PROVIDENCE RAILROAD DEVELOPMENT GROUP, ET AL., APPELLANTS. No. 74-1159.United States Court of Appeals, First Circuit.Argued June 5, 1974. Decided July 17, 1974. Page 546 Charles R. Nesson, Cambridge, Mass., with whom Harvey A. Silverglate, Thomas G. Shapiro, and Silverglate, Shapiro Gertner, Boston, Mass., were on memorandum, […]

JOEY BREWER, PETITIONER, APPELLEE, v. CLIFFORD MARSHALL, RESPONDENT, APPELLANT. No. 96-2321 97-1207.United States Court of Appeals, First Circuit.Heard April 8, 1997 Decided July 21, 1997. Page 994 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 995 Ellyn H. Lazar, Assistant Attorney General, […]

RAYMOND J. DONOVAN, SECRETARY OF LABOR, PETITIONER, v. DANIEL CONSTRUCTION CO., INC., AND OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, RESPONDENTS. No. 82-1193.United States Court of Appeals, First Circuit.Argued September 14, 1982. Decided November 17, 1982. Page 819 Andrea C. Casson, Atty., U.S. Dept. of Labor, Washington, D.C., with whom T. Timothy Ryan, Jr., Sol. of […]

MARGARITA RIVERA CASTILLO, CARLOS T. RAVELO GUERRERO, AND CONJUGAL PARTNERSHIP RAVELO-RIVERA Plaintiffs, Appellees, v. AUTOKIREY, INC. D/B/A AUTOCENTRO TOYOTA, Defendant, Appellant. No. 03-1806.United States Court of Appeals, First Circuit. August 11, 2004. Page 5 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

TEAMSTERS, CHAUFFEURS WAREHOUSEMEN AND HELPERS UNION, LOCAL NO. 59, PLAINTIFF, APPELLANT, v. SUPERLINE TRANSPORTATION COMPANY, INC., ET AL., DEFENDANTS, APPELLEES. No. 91-1713.United States Court of Appeals, First Circuit.Heard December 4, 1991. Decided January 7, 1992. Page 18 William M. Straus, with whom Lang, Straus, Xifaras Bullard, New Bedford, Mass., was on brief, for plaintiff, appellant. […]

MINH TU, PLAINTIFF, APPELLANT v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, UNION CENTRAL LIFE INSURANCE COMPANY, JOHN ALDEN LIFE INSURANCE COMPANY, DEFENDANTS, APPELLEES. Nos. 97-1421, 97-1461, 97-1473.United States Court of Appeals, First Circuit.Heard October 8, 1997. Decided February 13, 1998. Page 78 Owen Gallagher with whom Garrett Harris and Gallagher Gallagher, P.C. were on […]

FOSTER MEDICAL CORPORATION EMPLOYEES’ PENSION PLAN, ET AL., PLAINTIFFS, APPELLANTS, v. HEALTHCO, INC. AND THE AMENDED AND RESTATED HEALTHCO EMPLOYEES’ PENSION PLAN, DEFENDANTS, APPELLEES. No. 84-1716.United States Court of Appeals, First Circuit.Argued December 3, 1984. Decided January 25, 1985. Page 195 David Wawro, New York City, with whom Haythe Curley, New York City, Robert S. […]

Ernest L. ALLEN, Defendant, Appellant, v. UNITED STATES of America, Appellee. No. 6298.United States Court of Appeals, First Circuit. June 25, 1964. Certiorari Denied October 12, 1964. See 85 S.Ct. 79. Shane Devine and J. Murray Devine, Manchester, N.H., with whom Devine, Millimet, McDonough, Stahl Branch, Manchester, N.H., was on brief, for appellant. Paul L. […]

JOSE L. SANCHEZ, PLAINTIFF, APPELLEE, v. PUERTO RICO OIL COMPANY, DEFENDANT, APPELLANT. No. 94-1171.United States Court of Appeals, First Circuit.Heard August 2, 1994. Decided September 29, 1994. Page 713 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 714 [EDITORS’ NOTE: THIS PAGE […]

MAINE STATE BOARD OF EDUCATION, ET AL., PLAINTIFFS, APPELLANTS, v. LAURO F. CAVAZOS, IN HIS OFFICIAL CAPACITY AS SECRETARY OF EDUCATION, DEFENDANT, APPELLEE. No. 91-1538.United States Court of Appeals, First Circuit.Heard October 8, 1991. Decided February 13, 1992. Page 377 Jeffrey Frankel, Asst. Atty. Gen., with whom Michael E. Carpenter, Atty. Gen., and H. Cabanne […]

Raymond LEÓN; Carmen Pantojas-Maldonado; Conjugal Partnership, Leon-Pantojas; Raymanuelle Leon-Pantojas, minor, Plaintiffs, Appellants, v. MUNICIPALITY OF SAN JUAN, Defendant, Appellee. No. 01-2408.United States Court of Appeals, First Circuit.Heard November 5, 2002. Decided February 14, 2003. Appeal from the United States District Court for the District of Puerto Rico, Jaime Pieras, Jr., Senior District Judge. Page 70 […]

KENNEBEC BOX LUMBER CO., Inc., v. COMMISSIONER OF INTERNAL REVENUE. No. 4317.Circuit Court of Appeals, First Circuit. June 14, 1948. Petition for Review of Decision of the Tax Court of the United States. Petition by Kennebec Box Lumber Co., Inc., for review of a decision of Tax Court of the United States redetermining tax deficiencies […]

JOHN J. O’BRIEN, PLAINTIFF, APPELLEE, v. PAPA GINO’S OF AMERICA, INC., DEFENDANT, APPELLANT. No. 85-1231.United States Court of Appeals, First Circuit.Argued August 8, 1985. Decided January 2, 1986. Page 1068 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1069 [EDITORS’ NOTE: THIS […]

JOSE RAMIREZ-DE-ARELLANO, MARTA SUAREZ DE RAMIREZ DE ARELLANO AND THE CONJUGAL PARTNERSHIP CONSTITUTED BY THEM, PLAINTIFFS, APPELLANTS, v. AMERICAN AIRLINES, INC., DEFENDANT, APPELLEE. No. 97-1508.United States Court of Appeals, First Circuit.Submitted October 7, 1997. Decided December 22, 1997. Carlos A. Del Valle Cruz on brief for appellants. Luis D. Ortiz Abreu, Vivian Nunez, and Goldman […]

VOTE CHOICE, INC., ET AL., PLAINTIFFS, APPELLEES, v. JOSEPH DiSTEFANO, ETC., ET AL., DEFENDANTS, APPELLEES, ELIZABETH LEONARD, PLAINTIFF, APPELLANT. VOTE CHOICE, INC., ET AL., PLAINTIFFS, APPELLEES, v. JOSEPH DiSTEFANO, ETC., ET AL., DEFENDANTS, APPELLANTS. Nos. 93-1171, 93-1236.United States Court of Appeals, First Circuit.Heard June 10, 1993. Decided August 31, 1993. Page 27 [EDITORS’ NOTE: THIS […]

UNITED STATES OF AMERICA, APPELLEE, v. RUBÉN RODRIGUEZ-DE JESUS, DEFENDANT-APPELLANT. No. 99-1361.United States Court of Appeals, First Circuit.Heard September 21, 1999 Decided February 16, 2000. Page 483 APPEAL FROM UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [HON. SALVADOR E. CASELLAS, U.S. DISTRICT JUDGE]. Anita Hill-Adames, Assistant Federal Public Defender, and Joseph C. […]

DE LA TORRE et al. v. NATIONAL CITY BANK OF NEW YORK. No. 3202.Circuit Court of Appeals, First Circuit. June 1, 1937. Rehearing Denied August 11, 1937. Page 400 Appeal from the Supreme Court of Puerto Rico. Action by the National City Bank of New York against Francisco de la Torre and another. From a […]

UNITED STATES OF AMERICA, APPELLEE, v. CANDIS WHITE, DEFENDANT, APPELLANT. No. 84-1895.United States Court of Appeals, First Circuit.Argued May 6, 1985. Decided June 26, 1985. Page 23 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 24 William A. Brown, Boston, Mass., with […]

UNITED STATES OF AMERICA, APPELLEE, v. CLAUDE PAUL TARDIFF, DEFENDANT, APPELLANT. No. 91-2040.United States Court of Appeals, First Circuit.Heard June 2, 1992. Decided July 8, 1992. Page 1284 William A. Brown, Boston, Mass., by Appointment of the Court, for appellant. Richard E. Welch, III, Asst. U.S. Atty., with whom A. John Pappalardo, Acting U.S. Atty., […]