Category: First Circuit Court of Appeals Opinions

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 […]

PORTO RICO TELEPHONE CO. v. PEOPLE OF PORTO RICO. No. 2494.Circuit Court of Appeals, First Circuit. February 19, 1931. Appeal from the Supreme Court of Porto Rico. The Porto Rico Telephone Company was convicted of an offense, and it appeals from the judgment of the Supreme Court of Porto Rico affirming the judgment of conviction […]

KOPPERS COMPANY, Inc., Plaintiff, Appellant, v. FOSTER GRANT CO., Inc., Defendant, Appellee. No. 6971.United States Court of Appeals, First Circuit. June 6, 1968. Melvin R. Jenney, Boston, Mass., with whom Wayne L. Benedict, William L. Mathis, Washington, D.C., Kenway, Jenney Hildreth, Boston, Mass., and Burns, Doane, Benedict, Swecker Mathis, Washington, D.C., were on the brief, […]

BETHLEHEM SHIPBUILDING CORPORATION LIMITED, et al. v. NATIONAL LABOR RELATIONS BOARD. GENERAL BODY OF EMPLOYEES’ REPRESENTATIVES, etc. v. SAME. Nos. 3437, 3467.Circuit Court of Appeals, First Circuit. October 8, 1940. Page 931 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 932 Petitions […]

LOUISE LAMPHERE, ETC., PLAINTIFF, APPELLEE, v. BROWN UNIVERSITY, ET AL., DEFENDANTS, APPELLEES. APPEAL OF ANN W. SEIDMAN, APPELLANT. No. 85-1920.United States Court of Appeals, First Circuit.Argued April 10, 1986. Decided August 15, 1986. Page 533 Nancy Gertner with whom Silverglate, Gertner, Baker, Fine Good, Boston, Mass., was on brief, for appellant. Peter J. McGinn with […]

UNITED STATES OF AMERICA, APPELLANT, v. MAURICE ABRAMS, DEFENDANT-APPELLEE. No. 79-1073.United States Court of Appeals, First Circuit.Argued June 8, 1979. Decided January 22, 1980. Paul F. Healy, Jr., Asst. U.S. Atty., Deputy Chief, Crim. Div., Boston, Mass., with whom Edward F. Harrington, U.S. Atty., Boston, Mass., was on brief, for appellant. Albert F. Cullen, Jr., […]

UNITED STATES of America, Appellee, v. Luis F. GUADALUPE-RIVERA, Defendant, Appellant. No. 05-1939.United States Court of Appeals, First Circuit.Heard May 7, 2007. Decided August 30, 2007. Appeal from the United States District Court for the District of Puerto Rico, Hector M. Laffitte, J. Page 18 Laura Maldonado Rodríguez, for appellant. Nelson Pérez-Sosa, Assistant United States […]

COGGINS v. O’BRIEN, Warden. No. 4501.United States Court of Appeals, First Circuit. March 15, 1951. Rehearing Denied March 29, 1951. Page 131 Michael F. Coggins, Jr., pro se. Lenahan O’Connell, Asst. Atty. Gen. (Francis E. Kelly, Atty. Gen., Massachusetts, and William F. Marcella, Boston, Mass., on the brief), for appellee. Wilbur G. Hollingsworth, Boston, Mass., […]

THERESA H. WOOD, PLAINTIFF, APPELLEE, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. CHARLES D. OWENS, DEFENDANT, APPELLANT. THERESA H. WOOD, PLAINTIFF, APPELLEE, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLANT. Nos. 91-1323, 91-1324.United States Court of Appeals, First Circuit.Heard October 8, 1992. Decided April 28, 1993. Page 1123 Mark W. Pennak, Attorney, Appellate Staff, Civ. Div., […]

UNITED STATES, Appellee, v. Rafael GASTON-BRITO, Defendant-Appellant. UNITED STATES, Appellee, v. Daniel NUNEZ, Defendant-Appellant. Nos. 94-2117, 94-2118.United States Court of Appeals, First Circuit.Argued April 5, 1995. Decided August 30, 1995. Henry F. Furst, Union City, NJ, for appellant Daniel Nunez and Richard Ware Levitt, New York City, for appellant Rafael Gaston-Brito, were on joint brief. […]

JOHN R. KIELY PLAINTIFF, APPELLANT, v. RAYTHEON COMPANY, DEFENDANT, APPELLEE. No. 96-1430.United States Court of Appeals, First Circuit. January 28, 1997. Page 735 William F. Green, Boston, MA, with whom Robert A. Rossi, Stoughton, MA, Law Office of William F. Green, George E. Brankey, were on brief, Boston, MA, for appellant. James F. Kavanaugh, Jr. […]

HILDA ORTIZ-FELICIANO, ET AL., PLAINTIFFS, APPELLANTS, v. PEDRO A. TOLEDO-DAVILA, ET AL., DEFENDANTS, APPELLEES. No. 98-1961.United States Court of Appeals, First Circuit.Heard April 8, 1999 Decided April 16, 1999. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO, [HON. JUAN M. PEREZ-GIMENEZ, U.S. DISTRICT JUDGE]. Page 38 Santiago Mari Roca on […]

Dani Lahoud JOUMAA, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent. No. 05-2266.United States Court of Appeals, First Circuit.Submitted April 6, 2006. Decided May 5, 2006. ON PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS. Derege B. Demissie and Demissie Associates on brief for petitioner. William C. Erb, […]

Contha OUK, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent. No. 08-1145.United States Court of Appeals, First Circuit.Submitted December 3, 2008. Decided December 23, 2008. Jessica Smith Bobadilla and Law Office of Jessica Smith Bobadilla on brief for petitioner. Corey L. Farrell, Attorney, Office of Immigration Litigation, U.S. Department of Justice, Gregory G. Katsas, Assistant […]

Edbia Maritza OLIVA-MURALLES, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 02-1548.United States Court of Appeals, First Circuit.Submitted April 15, 2003. Decided May 6, 2003. Appeal from the Court of Appeals, Lynch, Circuit Judge. Stephen A. Lagana, for appellant. Robert D. McCallum, Jr., Assistant Attorney General, Terri J. Scadron, Assistant Director, Anthony W. Norwood, Attorney, […]

ANTHONY PARENTE, PLAINTIFF, APPELLANT, v. TOWN OF WEST WARWICK, ET AL., DEFENDANTS, APPELLEES. No. 88-1651.United States Court of Appeals, First Circuit.Heard February 7, 1989. Decided March 2, 1989. Page 523 Sandra A. Blanding, with whom Amato A. DeLuca and Revens DeLuca Ltd., Warwick, were on brief, for plaintiff, appellant. G. John Gazerro, Jr., with whom, […]

MISHAWAKA RUBBER WOOLEN MFG. CO. v. PANTHER-PANCO RUBBER CO., Inc. PANTHER-PANCO RUBBER CO., Inc., v. MISHAWAKA RUBBER WOOLEN MFG. CO. Nos. 4063, 4064.Circuit Court of Appeals, First Circuit. February 7, 1946. Rehearing Denied March 20, 1946. Page 663 Cross-appeals from the District Court of the United States for the District of Massachusetts; George C. Sweeney, […]

THOMAS F. LIMERICK, ET AL., PLAINTIFFS, APPELLANTS, v. CAROL S. GREENWALD, ET AL., DEFENDANTS, APPELLEES. No. 81-1087.United States Court of Appeals, First Circuit.Submitted June 5, 1981. Decided December 18, 1981. Rehearing Denied January 18, 1982. Page 734 Robert H. Tobin and Tobin Tobin, Roslindale, Mass., on brief for appellants. John J. McCarthy, Stanley V. Ragalevsky, […]

A. W. THERRIEN CO., INC., PLAINTIFF-APPELLEE, v. THE H. K. FERGUSON COMPANY, DEFENDANT-APPELLANT. No. 72-1196.United States Court of Appeals, First Circuit.Argued November 8, 1972. Decided December 21, 1972. William D. Ginn, Cleveland, Ohio, with whom Ronald L. Snow, Orr Reno, Concord, N. H., Alan R. Lepene, and Thompson, Hine Flory, Cleveland, Ohio, were on brief, […]

DAVID GOLDMAN, ET AL., PLAINTIFFS, APPELLANTS, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. No. 85-1619.United States Court of Appeals, First Circuit.Argued April 10, 1986. Decided May 7, 1986. Rehearing Denied June 2, 1986. Margaret A. O’Reilly, with whom Budd, Wiley Richlin, P.C., Boston, Mass., was on brief, for plaintiffs, appellants. Evan Slavitt, Asst. U.S. Atty., […]

LORRAINE ANN MESCHINO, ETC., ET AL., PLAINTIFFS, APPELLANTS, v. NORTH AMERICAN DRAGER, INC., D/B/A N.A.D., INC., ET AL., DEFENDANTS, APPELLEES. No. 87-1777.United States Court of Appeals, First Circuit.Heard January 7, 1988. Decided February 9, 1988. Rehearing Denied March 11, 1988. Page 430 David J. Oliveira, Peter Lawson Kennedy, Adler Pollock Sheehan Inc., Alfred Factor and […]

CUMMINGS et al. v. COMMISSIONER OF INTERNAL REVENUE. No. 2927.Circuit Court of Appeals, First Circuit. November 10, 1934. Appeals from the Board of Tax Appeals. Petitions by Edwin L. Cummings, George L. Webb, and William N. Stetson, Jr., to review orders of the Board of Tax Appeals redetermining deficiencies in the tax imposed by the […]

Evelyn HEINRICH, on behalf of her husband, George Heinrich, and Henry M. Sienkewicz, on behalf of his mother, Eileen Rose Sienkewicz Jr., Plaintiffs, Appellants, Cross-Appellees, Rosemary Gualtieri, on behalf of her father, Joseph Mayne, and Walter Carl Van Dyke, Representative of the Estate of Walter Carmen Van Dyke, Plaintiffs, Appellants, v. Elizabeth Dutton SWEET and […]

COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, PLAINTIFF, APPELLANT, v. WESTERN ELECTRIC COMPANY, INC., DEFENDANT, APPELLEE. No. 88-1437.United States Court of Appeals, First Circuit.Heard: September 14, 1988. Decided November 10, 1988. Page 1138 James B. Coppess, Washington, D.C., with whom Nathan S. Paven, Quincy, Mass., was on brief for plaintiff, appellant. David J. Kerman with whom Richard […]

EVA DOUCETTE, ET AL., PLAINTIFFS, APPELLEES, v. H. ROLLIN IVES, COMMISSIONER OF THE MAINE DEPARTMENT OF HUMAN SERVICES, DEFENDANT, APPELLEE, LOUIS W. SULLIVAN, M.D., SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLANT. EVA DOUCETTE, ET AL., PLAINTIFFS, APPELLANTS, v. H. ROLLIN IVES, COMMISSIONER OF THE MAINE DEPARTMENT OF HUMAN SERVICES, ET AL., DEFENDANTS, APPELLEES. EVA […]

Noemi CAAL-TIUL, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. No. 08-2464.United States Court of Appeals, First Circuit.Submitted May 19, 2009. Decided September 10, 2009. Page 93 Lidia M. Sanchez, on brief for petitioner. Katharine E. Clark, Department of Justice, Civil Division, Office of Immigration Litigation, Tony West, Assistant Attorney General, Civil Division, and […]

UNITED STATES of America, Appellant, v. COREY SMITH, Defendant, Appellee. No. 05-1725.United States Court of Appeals, First Circuit.Heard February 10, 2006. Decided April 7, 2006. Appeal from the United States District Court for the District of Massachusetts, Morris E. Lasker, Senior District Judge.[*] [*] Of the Southern District of New York, sitting by designation. Page […]

PEOPLE OF PUERTO RICO v. UNITED STATES et al. No. 3782.Circuit Court of Appeals, First Circuit. December 18, 1942. Appeal from the District Court of the United States for Puerto Rico. Proceeding by the United States of America against the People of Puerto Rico and others for the condemnation of a parcel of land. From […]

PENLEY BROS. CO. v. HALL. No. 3141.Circuit Court of Appeals, First Circuit. June 3, 1936. Appeal from the District Court of the United States for the District of Maine; John A. Peters, District Judge. Suit by Louise A. Hall, executrix of the estate of Alfred L. Prevost, deceased, against the Penley Bros. Company. From a […]

SURIMA SUAREZ-CESTERO, ET AL., PLAINTIFFS, APPELLANTS, v. DANIEL PAGAN-ROSA, ET AL., DEFENDANTS, APPELLEES. No. 98-1603United States Court of Appeals, First Circuit.Heard March 1, 1999 Decided April 1, 1999 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Juan M. Pérez-Giménez, U.S. District Judge] José R. García-Pérez, with whom Bufete Bennazar, […]

UNITED STATES of America, Appellee, v. Robert RODRIGUEZ, a/k/a Dominican, Defendant, Appellant. No. 02-1994.United States Court of Appeals, First Circuit.Heard May 6, 2003. Decided July 21, 2003. Appeal from the United States District Court for the District of Massachusetts, Nathaniel M. Gorton, J. Page 68 Melvin Norris, with whom Richard J. Farrell, Jr. was on […]

UNITED STATES of America, Appellee, v. Diana PIESAK, Defendant, Appellant. No. 07-2164.United States Court of Appeals, First Circuit.Heard March 3, 2008. Decided March 26, 2008. Appeal from the United States District Court for the District of Massachusetts, F. Dennis Saylor, J. Jaclyn-Greenhalgh, with whom Peter L. Ettenberg was on brief, for appellant. David Hennessy, Assistant […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. AGAWAM FOOD MART, INC., etc., Respondent. No. 7436.United States Court of Appeals, First Circuit. April 21, 1970. Page 1046 Herman M. Levy, Washington, D.C., Atty., with whom Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Sanford H. Fisher, Washington, D.C., Atty., […]

Hilario SIERRA, Plaintiff, Appellant, v. MERCHANTS MUTUAL CASUALTY COMPANY, Intervenor, Appellee. No. 5404.United States Court of Appeals, First Circuit.Heard December 3, 1958. Decided December 31, 1958. Page 288 Donald R. Bryant, Dover, N.H., with whom Burns, Calderwood, Bryant Hinchey, Dover, N.H., was on the brief, for appellant. L. Wilder Quint, Concord, N.H., with whom George […]

PAUL NASH, PLAINTIFF, APPELLANT, v. TRUSTEES OF BOSTON UNIVERSITY, DEFENDANT, APPELLEE. No. 90-1728.United States Court of Appeals, First Circuit.Heard December 4, 1990. Decided October 15, 1991. Page 961 Steven E. Snow with whom Partridge, Snow Hahn, Providence, R.I., were on brief, for plaintiff-appellant. Dennis C. Hart with whom Office of the General Counsel, Boston University, […]

UNITED STATES of America, Petitioner, Appellee, v. Jeffrey SHIELDS, Respondent, Appellant. No. 09-1330.United States Court of Appeals, First Circuit.Heard October 5, 2010. Decided August 11, 2011. Appeal from the United States District Court for the District of Massachusetts, Patti B. Saris, J. Page 79 Judith H. Mizner, Assistant Federal Public Defender, for appellant. Samantha L. […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLANT, v. F. LEE BAILEY, ET AL., DEFENDANTS, APPELLEES. No. 82-1400.United States Court of Appeals, First Circuit.Argued April 6, 1983. Decided May 23, 1983. Page 20 Kenneth L. Greene, Tax Div., Dept. of Justice, Washington, D.C., with whom Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Daniel F. […]

DESIO RABAL PINTO, PLAINTIFF, APPELLANT, v. UNIVERSIDAD DE PUERTO RICO, DEFENDANT, APPELLEE. No. 89-1781.United States Court of Appeals, First Circuit.Heard January 12, 1990. Decided January 29, 1990. Arturo Aponte Pares, with whom Jorge J. Oppenheimer Mendez, Santurce, P.R., was on brief for plaintiff-appellant. Luis M. Vazquez Rodriguez, Carolina, P.R., with whom Elisa Bobonis Lang and […]

UNITED STATES OF AMERICA, APPELLEE, v. JOHN VARGAS, APPELLANT. No. 79-1106.United States Court of Appeals, First Circuit.Argued March 14, 1979. Decided March 29, 1979. John Wall, Boston, Mass., with whom Harry C. Mezer and Cullen Wall, Boston, Mass., were on brief for appellant. Martin D. Boudreau, Special Atty., Dept. of Justice, Boston, Mass., with whom […]

A.J. FAIGIN, PLAINTIFF, APPELLANT, v. JAMES E. KELLY AND VIC CARUCCI, DEFENDANTS, APPELLEES. No. 98-1589United States Court of Appeals, First Circuit.Argued June 11, 1999. Decided July 19, 1999. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE, [Hon. Shane Devine, Senior U.S. DistrictJudge] Page 68 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

CIGNA FIRE UNDERWRITERS COMPANY, ET AL., PLAINTIFFS, APPELLEES, CROSS-APPELLANTS, v. MACDONALD JOHNSON, INC., DEFENDANT, APPELLANT, CROSS-APPELLEE. Nos. 95-1061, 95-1145, 95-1570, 95-1648United States Court of Appeals, First Circuit.Heard November 6, 1995 Decided June 28, 1996 Page 1261 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

Henry E. PRUNIER et al., Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. No. 5280.United States Court of Appeals, First Circuit. November 8, 1957. George B. Lourie, Boston, Mass., with whom John P. Martin, Boston, Mass., and Saul A. Seder, Worcester, Mass., were on brief, for petitioners. Charles B.E. Freeman, Attorney, Department of Justice, Washington, D.C., […]

HELEN H. REYNOLDS, PLAINTIFF, APPELLANT, v. PATRICK F. COOMEY ET AL., DEFENDANTS, APPELLEES. No. 77-1359.United States Court of Appeals, First Circuit.Argued December 7, 1977. Decided January 5, 1978. James C. Gray. Jr., New York City, with whom Jack Greenberg Charles Stephen Ralston, and Bill L. Le, New York City, were on brief, for appellant. William […]

WAINWRIGHT BANK TRUST COMPANY, DEFENDANT, APPELLANT, v. GREGORY W. BOULOS, ET AL., THIRD PARTY DEFENDANTS, APPELLEES. No. 95-2329.United States Court of Appeals, First Circuit.Heard May 10, 1996 July 17, 1996. Page 18 Robert M. Shepard with whom Smith-Weiss and Zall, P.C., Nashua, NH, was on brief for appellants. Harold J. Friedman with whom Karen Frink […]

Dj Mfg. Corp. v. Tex-Shield, Inc., Xyz Ins. Co., Creative Apparel, Blucher Usa, Blucher Gmbh. No. 02-2114.United States Court of Appeals, First Circuit. July 28, 2003. Page 57 Before Torruella, Selya and Lipez, Circuit Judges. Marc Lamer, with whom Kostos Lamer, PC, Eugene F. Hestres and Bird, Bird and Hestres were on brief, for appellant. […]

COMMONWEALTH OF MASSACHUSETTS, Division of Employment Security, Petitioner, Appellant, v. Irving WIDETT, Trustee, Respondent, Appellee. No. 4723.United States Court of Appeals, First Circuit. June 9, 1953. Appeal from the United States District Court for the District of Massachusetts; Francis J.W. Ford, Judge. Sydney Zuker, Asst. Atty. Gen. of Mass., George Fingold, Atty. Gen. of Mass., […]

UNITED STATES OF AMERICA, APPELLEE, v. BURTON A. GROSSMAN AND BARRY S. BADOLATO, APPELLANTS. Nos. 79-1032, 79-1033.United States Court of Appeals, First Circuit.Argued November 8, 1979. Decided February 6, 1980. Page 296 Andrea G. Garr, Charlestown, Mass., and Terry Phillip Segal, Boston, Mass., with whom Bruce N. Sachar, Lynn, Mass., was on brief for appellants. […]

Kimberly R. PRATT, Petitioner, v. STATE OF MAINE, and Margaret B. Brown, State of Maine Probation and Parole Officer, Respondents. Misc. No. 298.United States Court of Appeals, First Circuit. March 13, 1969. Page 312 Henry N. Berry, III, Portland, Me., on application. Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges. ALDRICH, Chief Judge. […]

UNITED STATES OF AMERICA, APPELLEE, v. THAKHONE KHOUNSAVANH, DEFENDANT, APPELLANT. No. 96-1244.United States Court of Appeals, First Circuit.Heard February 5, 1997. Decided May 16, 1997. Page 280 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 281 Jennifer Petersen, with whom Karl R.D. […]

BANGOR AROOSTOOK R. CO. v. JONES. No. 2387.Circuit Court of Appeals, First Circuit. December 23, 1929. Appeal from the District Court of the United States for the District of Maine; Clarence Hale, Judge. Action by Vira J. Jones, administratrix of the estate of Byron McLaughlin, against the Bangor Aroostook Railroad Company. From a judgment for […]

ANA RODRIGUEZ, PLAINTIFF, APPELLANT, v. AMERICAN LAUNDRY MACHINERY, INC., DEFENDANT, APPELLEE. No. 89-1044.United States Court of Appeals, First Circuit.Submitted May 5, 1989. Decided July 7, 1989. Robert P. DiGrazia and the Law Offices of Robert E. Weiner, Boston, Mass., on brief, for plaintiff, appellant. Appeal from the United States District Court, District of Massachusetts. Before […]

Antoni A. RUMIERZ, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent. No. 05-1895.United States Court of Appeals, First Circuit.Heard May 4, 2006. Decided August 3, 2006. Appeal from the Board of Immigration Appeals. Page 32 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

Raul CASANOVA, Demond Hicks, Kevin Bush, Antwyan Pridgett, Joseph D. Williams, Gary Bon, And John Carter, Plaintiffs, Appellants, v. Larry E. DUBOIS, Ronald Duval, Steven Ayala, Daniel George Sullivan, Edward Klos, Robert Daigle, Richard Holden, Richard E. Kelly, William Kelly, James B. Hetherson, James Coffone, Patrick Smith, John Brodbeck, Bruce Tessier, William Grossi, Richard Deraleau, […]

UNITED STATES OF AMERICA, APPELLEE, v. FERNANDO MONTILLA RIVERA, DEFENDANT, APPELLANT. No. 98-1729United States Court of Appeals, First Circuit.Heard January 7, 1999 Decided March 22, 1999 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Daniel R. Dominguez, U.S. District Judge] Page 38 Marlene Aponte Cabrera, by appointment of the […]

Maria VELÁZQUEZ LINARES, Plaintiff, Appellant, v. UNITED STATES et al., Defendants, Appellees. No. 08-1548.United States Court of Appeals, First Circuit.Submitted October 24, 2008. Decided November 10, 2008. Appeal from the United States District Court for the District of Puerto Rico, Gustavo A. Gelpí, J. José M. Casanova Edelmann, on brief, for appellant. Lori J. Dym, […]

CITIZENS AWARENESS NETWORK, INC., PETITIONER, v. UNITED STATES NUCLEAR REGULATORY COMMISSION, RESPONDENT. YANKEE ATOMIC ELECTRIC COMPANY, INTERVENOR. No. 94-1562.United States Court of Appeals, First Circuit.Heard January 10, 1995. Decided July 20, 1995. Page 285 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

TIMBERLAND DESIGN, INC. AND WILLIAM C. BARNSLEY, PLAINTIFFS, APPELLANTS, v. FIRST SERVICE BANK FOR SAVINGS, DEFENDANT, APPELLEE. No. 90-1862.United States Court of Appeals, First Circuit.Heard January 11, 1991. Decided May 3, 1991. Page 47 Robert S. Potters with whom Henry A. Brown, and Potters Brown, Boston, Mass., were on brief, for plaintiffs, appellants. J. Scott […]

UNITED STATES of America, Plaintiff, Appellee, v. José A. OTERO-MÉNDEZ, Defendant, Appellant. No. 00-1990.United States Court of Appeals, First Circuit.Submitted September 13, 2001. Decided December 10, 2001. Page 47 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 48 [EDITORS’ NOTE: THIS PAGE […]

COLONIAL LIFE ACCIDENT INSURANCE CO. and UMass Memorial Health Care, Inc., Plaintiffs-Appellees, v. Malcolm S. MEDLEY, Martin S. Ebel, and Sunila Thomas-George, in their official capacities as Commissioners of the Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts, and Carolyn Calderon, Defendants-Appellants. No. 08-2332, 08-2379.United States Court of Appeals, First Circuit.Heard May 4, 2009. Decided July […]

JORDAN HOSPITAL, INC., Plaintiff, Appellant, v. Donna E. SHALALA, etc., et al., Defendants, Appellees. No. 01-1614.United States Court of Appeals, First Circuit.Heard December 4, 2001. Decided January 10, 2002. Appeal from the United States District Court for the District of Massachusetts, Ray W. Zobel. J. Page 73 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

PORRATA et al. v. UNITED STATES. No. 4174.Circuit Court of Appeals, First Circuit. January 7, 1947. Appeal from the District Court of the United States for Puerto Rico; Robert A. Cooper, Judge. Page 789 Condemnation proceedings by the United States of America against Luz Porrata Doria and others to acquire certain lands situated in Puerto […]

DAVID YOUNG, JR., PETITIONER, APPELLANT, v. WILLIAM CALLAHAN, RESPONDENT, APPELLEE. No. 82-1722.United States Court of Appeals, First Circuit.Argued January 5, 1983. Decided February 16, 1983. Robert L. Sheketoff, with whom Kimberly Homan, Norman S. Zalkind, and Zalkind, Zalkind Sheketoff, Boston, Mass., were on brief, for petitioner, appellant. Page 33 Michael B. Roitman, Asst. Atty. Gen., […]

STATE OF MAINE v. UNITED STATES. No. 3854.Circuit Court of Appeals, First Circuit. March 27, 1943. Appeal from the District Court of the United States for the District of Maine; John A. Peters, District Judge. Libel in personam by the State of Maine against the United States of America, as owner of the Coast Guard […]

ROGER RINGUETTE, PLAINTIFF, APPELLANT, v. CITY OF FALL RIVER, ET AL., DEFENDANTS, APPELLEES. No. 96-1107.United States Court of Appeals, First Circuit.Heard April 8, 1998. Decided June 4, 1998. Page 2 Appeal from the United States District Court for the District of Massachusetts, Hon. Patti B. Saris, U.S. District Judge. Brian R. Cunha with whom Brian […]

ROBERT BRATT, ET AL., PLAINTIFFS, APPELLANTS, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, ET AL., DEFENDANTS, APPELLEES. No. 85-1545.United States Court of Appeals, First Circuit.Argued December 4, 1985. Decided March 6, 1986. Page 353 David C. Casey, with whom Peckham, Lobel, Casey Tye, Boston, Mass., were on brief, for plaintiffs, appellants. Page 354 Edward P. Leibensperger, with […]

FRANK GRACE AND ROSS M. GRACE, PETITIONERS, APPELLANTS, v. FRED BUTTERWORTH, SUPERINTENDENT, MASSACHUSETTS CORRECTIONAL INSTITUTION, WALPOLE, RESPONDENT, APPELLEE. No. 78-1251.United States Court of Appeals, First Circuit.Argued October 3, 1978. Decided November 17, 1978. Page 879 Daniel F. Featherston, Jr., Boston, Mass., for petitioners, appellants. Robert V. Greco, Asst. Atty., Gen., Boston, Mass., with whom Francis […]

Ricardo F. VELÁSQUEZ, Susana D. Granados-Urizar, Eluvia R. Granados-Urizar, Petitioners, v. John ASHCROFT, Attorney General of the United States, Respondent. No. 01-1741.United States Court of Appeals, First Circuit.Heard April 1, 2002. Decided August 29, 2003. Appeal from the Court of Appeals, Torruella, Circuit Judge. Page 56 Randy Olen, for petitioners. Anthony P. Nicastro, Attorney, Office […]

CONCERNED CITIZENS ON I-190 ET AL., APPELLANTS, v. SECRETARY OF TRANSPORTATION ET AL., APPELLEES. Nos. 80-1497, 80-1498.United States Court of Appeals, First Circuit.Argued November 4, 1980. Decided February 9, 1981. Page 2 David F. Cavers, Jr., Boston, Mass., with whom Katherine Hendricks, Stephen D. Anderson and Palmer Dodge, Boston, Mass., were on brief, for appellants. […]

MASHPEE TRIBE, PLAINTIFF, APPELLANT, v. NEW SEABURY CORP. ET AL., DEFENDANTS, APPELLEES. MASHPEE TRIBE, PLAINTIFF, APPELLEE, v. NEW SEABURY CORP. ET AL., DEFENDANTS, APPELLANTS. MASHPEE TRIBE, PLAINTIFF, APPELLEE, v. NEW SEABURY CORP. ET AL., DEFENDANTS, APPELLEES, MATTHEW B. CONNOLLY, ETC., DEFENDANT, APPELLANT. Nos. 78-1272 to 78-1274.United States Court of Appeals, First Circuit.Argued November 8, 1978. […]

ALEMITE CORPORATION v. LUBRAIR CORPORATION. No. 2710.Circuit Court of Appeals, First Circuit. January 3, 1933. Supplemental Opinion January 31, 1933. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Patent infringement suit by the Alemite Corporation against the Lubrair Corporation. From an order denying plaintiff’s motion […]

UNITED STATES OF AMERICA, APPELLEE, v. SARA MARIA NUNEZ, REYES TORRES TROCHE, MANUEL O. NUNEZ, DEFENDANTS, APPELLANTS. No. 80-1837.United States Court of Appeals, First Circuit.Argued November 2, 1981. Decided December 10, 1981. Page 11 Lorenzo O. Caban Arocho, Mayaguez, P. R., for defendants, appellants. H. Manuel Hernandez, Asst. U.S. Atty., San Juan, P. R., with […]

CAFETEROS DE PUERTO RICO, Plaintiff, Appellant, v. SECRETARY OF THE TREASURY OF PUERTO RICO, Defendant, Appellee. No. 5897.United States Court of Appeals, First Circuit.Heard February 8, 1962. Decided July 10, 1962. Hector Gonzalez Blanes, San Juan, P.R., for appellant. Juan A. Faria, Asst. Sol. Gen., with whom J.B. Fernandez-Badillo, Sol. Gen., was on brief, for […]

UNITED STATES of America, Appellant, v. Quinton SMITH, Defendant, Appellee. No. 04-2101.United States Court of Appeals, First Circuit.Heard June 7, 2005. Decided September 9, 2005. Appeal from the United States District Court for the District of Massachusetts, Nancy Gertner, J. Page 26 Judith H. Mizner, Assistant Federal Public Defender, was on brief, for appellee. Thomas […]

HARTFORD FIRE INSURANCE COMPANY, Plaintiff, Appellant, v. RHODE ISLAND PUBLIC TRANSIT, AUTHORITY, Defendant, Appellee. No. 00-1521.United States Court of Appeals, First Circuit.Heard November 8, 2000. Decided December 5, 2000. Appeal from the United States District Court for the District of Rhode Island, Mary M. Lisi, J. Page 128 John A. Donovan, III with whom Robert […]

DAMARIS GONZALEZ, ET AL., PLAINTIFFS, APPELLANTS, v. MIGDALIA CRUZ, DEFENDANT, APPELLEE. No. 90-1812.United States Court of Appeals, First Circuit.Heard December 4, 1990. Decided February 1, 1991. Motion for Reconsideration Denied February 26, 1991. Page 2 John E. Mudd with whom Ortiz Toro Ortiz Brunet, was on brief, for plaintiffs, appellants. Jose L. Delgado Cadilla, for […]

PIONEER INDUSTRIES, A DIVISION OF SOS CONSOLIDATED, INC., PLAINTIFF, APPELLEE, v. GEVYN CONSTRUCTION CORPORATION ET AL., DEFENDANTS, APPELLANTS. No. 71-1401.United States Court of Appeals, First Circuit.Heard March 6, 1972. Decided April 11, 1972. Page 583 Leslie A. Hynes, New York City, with whom Hynes Diamond, New York City, Joseph T. Fahy, Cornelius J. Moynihan, Jr., […]

BROOK VILLAGE NORTH ASSOCIATES, ET AL., PLAINTIFFS-APPELLANTS, v. GENERAL ELECTRIC COMPANY, RE-ENTRY AND ENVIRONMENTAL SYSTEMS DIVISION, DEFENDANT-APPELLEE. No. 81-1333.United States Court of Appeals, First Circuit.Argued June 8, 1982. Decided August 20, 1982. Page 67 J. Bradford Westgate, Nashua, N.H., with whom Winer, Pillsbury Bennett, Nashua, N.H., was on brief, for plaintiffs-appellants. Gerald R. Prunier, Nashua, […]

UNITED STATES OF AMERICA, APPELLEE, v. TIMOTHY ALEXANDER LEVY, DEFENDANT, APPELLANT. No. 89-1752.United States Court of Appeals, First Circuit.Heard February 9, 1990. Decided March 2, 1990. Page 597 Jeffrey M. Williams, Santurce, P.R., by Appointment of the Court, for defendant, appellant. Luis A. Plaza, Asst. U.S. Atty., with whom Daniel F. Lopez-Romo, U.S. Atty., Hato […]

Samuel ROSENCRANZ, Defendant, Appellant, v. UNITED STATES of America, Appellee. Anthony DiPIETRO, Defendant, Appellant, v. UNITED STATES of America, Appellee. Frank ROMANO, Defendant, Appellant, v. UNITED STATES of America, Appellee. Nos. 6113, 6115, 6235.United States Court of Appeals, First Circuit. July 8, 1964. Joseph J. Balliro, Boston, Mass., with whom Albert L. Hutton, Jr., Boston, […]

CAMERON v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE et al. No. 4172.Circuit Court of Appeals, First Circuit. November 7, 1946. Page 994 Appeal from the District Court of the United States, District of Rhode Island; Hartigan, Judge. Action by the President and Fellows of Harvard College and others against the City of Providence, a Rhode […]

UNITED STATES OF AMERICA, APPELLEE, v. HERMAN J. LAMARE, JR., DEFENDANT, APPELLANT. No. 82-1757.United States Court of Appeals, First Circuit.Argued April 8, 1983. Decided June 27, 1983. Page 4 Joseph L. Ferris, with whom Ferris, Dearborn Willey, Brewer, Me., was on brief, for defendant, appellant. Jay P. McCloskey, Asst. U.S. Atty., Bangor, Me., with whom […]

Ricardo CRUZ RIVERA, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee. No. 6449.United States Court of Appeals, First Circuit. February 24, 1965. Ricardo Cruz Rivera, pro se, on motion for appointment of counsel, etc. Before ALDRICH, Chief Judge, and WOODBURY, Senior Circuit Judge (by designation). ALDRICH, Chief Judge. The petitioner was indicted on March […]

UNITED STATES OF AMERICA, APPELLEE, v. TEODORO ARIZA-IBARRA, DEFENDANT-APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. ALVARO RODRIGUEZ, DEFENDANT-APPELLANT. Nos. 80-1112, 80-1113.United States Court of Appeals, First Circuit.Argued September 5, 1980. Decided May 13, 1981. On Motion for Rehearing June 5, 1981. Page 3 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

UNITED STATES of America, Appellee, v. Amaury GONZÁLEZ, Defendant, Appellant. United States of America, Appellee, v. Julian Martínez, Defendant, Appellant. Nos. 03-1390, 03-1826.United States Court of Appeals, First Circuit.Submitted February 3, 2004. Decided March 30, 2004. Appeal from the United States District Court for the District of Rhode Island, Ernest C. Torres, J. Page 16 […]

MICHAEL D. BANK, THOMAS M. DUSEL AND ROBERT J. M. O’HARE, JR., IN THEIR CAPACITY AS TRUSTEES OF 400 WYMAN STREET TRUST, PLAINTIFFS, APPELLEES, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, DEFENDANT, APPELLANT. No. 96-1355.United States Court of Appeals, First Circuit.Heard September 10, 1996 Decided November 5, 1996 Page 47 J. Charles Mokriski with whom Kenneth E. […]

COMPUTER SYSTEMS OF AMERICA, INC., PLAINTIFF, APPELLANT, v. INTERNATIONAL BUSINESS MACHINES CORP., AND ST. REGIS PAPER CO., DEFENDANTS, APPELLEES. No. 85-1445.United States Court of Appeals, First Circuit.Argued October 10, 1985. Decided June 25, 1986. Henry F. Field with whom Douglas G. Moxham, Friedman Koven and Hale and Dorr were on brief, for plaintiff, appellant. Grant […]

MERCEDES SANTIAGO HODGE, ET AL., PLAINTIFFS, APPELLEES, v. PARKE DAVIS COMPANY, ET AL., DEFENDANTS, APPELLANTS. Nos. 86-2135, 87-1461.United States Court of Appeals, First Circuit.Heard June 8, 1988. Decided July 26, 1990. Page 629 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 630 […]

UNITED STATES of America, Appellee, v. Joseph M. BENEDETTI, Defendant, Appellant. No. 05-1033.United States Court of Appeals, First Circuit.Heard December 8, 2005. Decided December 23, 2005. Appeal from the United States District Court for the District of Rhode Island, Ernest C. Torres, Chief Judge. Page 112 Thomas More Dickinson, with whom Barry Zone was on […]

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 27, 1983. Page 736 Stanley M. Brown, Manchester, N.H., with whom Brown Nixon Professional Association, Manchester, N.H., Thomas R. Watson, and Tybursky Watson, Portsmouth, N.H., were on brief, for plaintiff-appellant. Don […]

UNITED STATES, Plaintiff, Appellant, v. Victor R. GONZALEZ-ALVAREZ, Defendant, Appellee. No. 00-2180.United States Court of Appeals, First Circuit.Heard November 6, 2001. Decided January 17, 2002. Appeal from the United States District Court for the District of Puerto Rico, Carmen Consuelo Cerezo, J. Page 74 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

LPP MORTGAGE, LTD., Plaintiff, Appellant, v. Leonard SUGARMAN, Defendant, Appellee. No. 08-2134.United States Court of Appeals, First Circuit.Heard March 4, 2009. Decided May 7, 2009. Appeal from the United States District Court for the District of Massachusetts, Rya W. Zobel, J. Christopher P. Litterio, with whom Michael J. Duffy and Ruberto, Israel Weiner, P.C., were […]

THEODORE VALM, PLAINTIFF, APPELLANT, v. HERCULES FISH PRODUCTS, INC., DEFENDANT, APPELLEE. No. 82-1440.United States Court of Appeals, First Circuit.Argued December 8, 1982. Decided March 11, 1983. Paul D. McCarthy, Boston, Mass., with whom Jerome V. Flanagan and Hoch, Flanagan Snyder, P.C., Boston, Mass., were on brief, for plaintiff, appellant. Richard A. Dempsey, Boston, Mass., with […]

PAUL CROTEAU, PLAINTIFF, APPELLANT, v. OLIN CORPORATION, DEFENDANT, APPELLEE. No. 89-1199.United States Court of Appeals, First Circuit.Heard July 1, 1989. Decided September 6, 1989. Page 46 B.J. Branch with whom Backus, Meyer Solomon, Manchester, N.H., was on brief, for plaintiff, appellant. Thomas M. Carney with whom Joel I. Dennis, Husch, Eppenberger, Donohue, Cornfeld Jenkins, St. […]

UNITED STATES OF AMERICA, APPELLEE, v. RALPH WINCHENBACH, JR., DEFENDANT-APPELLANT. No. 99-1202United States Court of Appeals, First Circuit.Heard November 2, 1999 Decided December 2, 1999 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, [Hon. Gene Carter, U.S. District Judge] Page 549 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

ELISA DIAZ GONZALEZ ET AL., DEFENDANTS-APPELLANTS, v. ALFREDO COLON GONZALEZ, PLAINTIFF-APPELLEE. No. 75-1270.United States Court of Appeals, First Circuit.Argued February 5, 1976. Decided May 28, 1976. Page 454 Michael J. Henke, Washington, D.C., with whom Miriam Naveira de Rodon, Sol. Gen., Com. of Puerto Rico, Candita Orlandi, Asst. Sol. Gen., Com. of Puerto Rico, San […]