Category: First Circuit Court of Appeals Opinions

UNITED STATES OF AMERICA, APPELLEE, v. EVANGELIST LaCROIX, DEFENDANT, APPELLANT. No. 93-1845.United States Court of Appeals, First Circuit.Heard May 3, 1994. Decided June 27, 1994. Page 224 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 225 William E. Brennan, with whom Timothy […]

MARIGOLD E. MASON, PLAINTIFF, APPELLANT, v. SOUTHERN NEW ENGLAND CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS OF THE TOWN OF SOUTH LANCASTER, COMMONWEALTH OF MASSACHUSETTS, DEFENDANT, APPELLEE. No. 82-1169.United States Court of Appeals, First Circuit.Argued September 10, 1982. Decided December 27, 1982. Graydon G. Stevens, Portland, Me., with whom Kelly, Remmel Zimmerman, Portland, Me., was on brief, […]

LEONARD LACY, PETITIONER, APPELLANT, v. JOSEPH GARDINO, SUPERINTENDENT, NORTHEASTERN CORRECTIONAL CENTER — CONCORD, RESPONDENT, APPELLEE. No. 85-1678.United States Court of Appeals, First Circuit.Argued February 3, 1986. Decided May 27, 1986. Page 981 Benjamin Hiller with whom Goldstein, Pressman, Hiller Kruskal, Cambridge, Mass., was on brief, for petitioner, appellant. Frances L. Robinson, Asst. Atty. Gen., Criminal […]

GREAT LAKES CONTAINER CORPORATION, PLAINTIFF, APPELLANT, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, DEFENDANT, APPELLEE. No. 83-1607.United States Court of Appeals, First Circuit.Argued December 7, 1983. Decided February 15, 1984. Theodore Wadleigh, Manchester, N.H., with whom Jeffrey H. Karlin, and Wadleigh, Starr, Peters, Dunn Chiesa, Manchester, N.H., were on brief, for plaintiff, appellant. […]

ISAAC MICHAEL RUBIN, PLAINTIFF, APPELLEE, v. BOSTON MAGAZINE COMPANY AND D. HERBERT LIPSON, DEFENDANTS, APPELLANTS. No. 80-1549.United States Court of Appeals, First Circuit.Argued January 8, 1981. Decided March 26, 1981. Page 81 Joseph D. Steinfield, Boston, Mass., with whom Gilbert B. Kaplan and Hill Barlow, Boston, Mass., were on brief, for defendants, appellants. Jeffrey F. […]

DANNY STRONG, ETC., PLAINTIFF-APPELLEE, v. CHARLES N. COLLATOS, ETC., DEFENDANT-APPELLANT. No. 78-1315.United States Court of Appeals, First Circuit.Argued November 8, 1978. Decided March 9, 1979. Louis A. Rizoli, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for appellant. Jim Hammerschmith, Northampton, Mass., for appellee. Appeal from […]

FIGUEROA v. SALDANA, Warden. No. 2098.Circuit Court of Appeals, First Circuit. December 27, 1927. Appeal from the District Court of the United States for the District of Porto Rico; Ira K. Wells, Judge. Petition by Catalino Figueroa against Sixto M. Saldana, Warden, for writ of habeas corpus. From a decree denying the writ, petitioner appeals. […]

WHITE, Former Collector of Internal Revenue, et al. v. WINCHESTER COUNTRY CLUB. No. 3583.Circuit Court of Appeals, First Circuit. January 30, 1941. Consolidated Appeal from the District Court of the United States for the District of Massachusetts; Hugh D. McLellan, Judge. Action by the Winchester Country Club against Thomas W. White, former collector of internal […]

MAINEGENERAL MEDICAL CENTER, Plaintiff-Appellant, v. HHS, US SECRETARY, Defendant-Appellee. No. 99-1085United States Court of Appeals, First Circuit. May 18, 2000 Before BOUDIN, Circuit Judge, CYR, Senior Circuit Judge, AND LYNCH, Circuit Judge. [1] ORDER OF COURT [2] The petition for rehearing by the panel is denied. The panel opinion holds that the statute neither prohibits […]

TRAILER MARINE TRANSPORT CORPORATION, PLAINTIFF, APPELLANT, v. CARMEN M. RIVERA-VAZQUEZ, ETC., ET AL., DEFENDANTS, APPELLEES. No. 90-2171.United States Court of Appeals, First Circuit.Heard April 4, 1991. Decided April 29, 1991. Nicolas Jimenez with whom Jimenez, Graffam Lausell was on brief, San Juan, P.R. for plaintiff, appellant. Carlos Del Valle Cruz with whom Hector Rivera Cruz, […]

FELICITA MUNOZ, PLAINTIFF, APPELLANT, v. SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLEE. No. 85-1728.United States Court of Appeals, First Circuit.Heard February 6, 1986. Decided April 23, 1986. Manuel Medina Jaca, Rio Piedras, P.R., for plaintiff, appellant. Mary Gludt, Social Security Administration, with whom Nathan K. Kobin, Office of the Gen. Counsel, Baltimore, Md., Daniel […]

UNITED STATES of America, Appellee, v. José GONZÁLEZ, Defendant, Appellant. No. 01-2247.United States Court of Appeals, First Circuit.Heard September 6, 2002. Decided November 22, 2002. Appeal from the United States District Court for the District of Puerto Rico, Daniel R. Dominguez, J. Page 441 Raymond L. Sánchez-Maceira for appellant. Nelson Pérez-Sosa, Assistant United States Attorney, […]

Kenneth RUCKER, Plaintiff, Appellant, v. LEE HOLDING CO., d/b/a Lee Auto Malls, Defendant, Appellee. No. 06-1633.United States Court of Appeals, First Circuit.Heard September 14, 2006. Decided December 18, 2006. Appeal from the United States District Court for the District of Maine, 419 F.Supp.2d 1, George Z. Singal, J. Page 7 Allan K. Townsend, with whom […]

THERESA McPHAIL ET AL., PLAINTIFFS, APPELLANTS, v. MUNICIPALITY OF CULEBRA ET AL., DEFENDANTS, APPELLEES. No. 77-1343.United States Court of Appeals, First Circuit.Argued February 6, 1979. Decided May 9, 1979. Rehearing Denied June 5, 1979. Page 604 Alex Gonzalez, with whom E. Berrios Perez, Hato Rey, P. R., and Dubon, Gonzalez Page 605 Berrios, Hato Rey, […]

Abdelhafid ZAROUITE, Petitioner v. Alberto GONZALES, Attorney General, Respondent. Nos. 04-1541, 04-2185.United States Court of Appeals, First Circuit.Heard May 5, 2005. Decided September 16, 2005. ON PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS. Page 61 Jeremiah Friedman with whom Ilana Greenstein, Harvey Kaplan, Maureen O’Sullivan and Kaplan, O’Sullivan Friedman, LLP, […]

Anthony G. SAVILLE, Defendant-Appellant, v. UNITED STATES of America, Appellee. No. 7061.United States Court of Appeals, First Circuit.Heard June 3, 1968. Decided September 12, 1968. Page 398 John F. Dobbyn, Roslindale, Mass., by appointment of the Court, for appellant. Albert F. Cullen, Jr., Asst. U.S. Atty., with whom Paul F. Markham, U.S. Atty., was on […]

FORD MOTOR COMPANY, Plaintiff, Appellant, v. MEREDITH MOTOR COMPANY, INC., Defendant, Appellee. No. 00-2506.United States Court of Appeals, First Circuit.Heard May 9, 2001. Decided August 6, 2001. Appeal from the United States Court for the District of New Hampshire, Paul J. Barbadoro, J., 2000 WL 1513779. Page 68 Nicholas T. Christakos, with whom Sutherland Asbill […]

KAPLAN et al. v. SWARTZ. No. 2442.Circuit Court of Appeals, First Circuit. June 5, 1930. Page 178 Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Jr., Judge. Action by Fred M. Swartz against Samuel Kaplan and others. Judgment for plaintiff, and defendants appeal. Affirmed. Francis M. […]

Charles A. SILVERMAN and Ulku Silverman, Plaintiffs, Appellees, v. William P. ROGERS, Secretary of State of the United States, John N. Mitchell, Attorney General of the United States, Raymond F. Farrell, Commissioner of Immigration and Naturalization, and J.A. Hamilton, Jr., District Director of the Immigration and Naturalization Service, Department of Justice, Boston, Massachusetts, Defendants, Appellants. […]

ELIZABETH LeBEAU, ET AL., PLAINTIFFS, APPELLANTS, v. THOMAS SPIRITO, ETC., DEFENDANT, APPELLEE. No. 82-1510.United States Court of Appeals, First Circuit.Argued October 8, 1982. Decided March 28, 1983. Page 640 Mary C. Gallagher, Boston, Mass., with whom Lucy A. Williams, Richard Zorza and Barbara E. Lybarger, Boston, Mass., were on brief, for plaintiffs, appellants. James A. […]

UNITED STATES of America, Appellant, v. Daniel MARTIN, Defendant, Appellee. No. 03-1068.United States Court of Appeals, First Circuit.Heard October 8, 2003. Decided March 30, 2004. Appeal from the United States District Court for the District of Massachusetts, Robert E. Keeton, Senior District Judge. Page 26 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CENTRAL MERCEDITA, INC., Respondent. No. 5599.United States Court of Appeals, First Circuit. December 31, 1959. Page 371 Thomas J. McDermott, Associate General Counsel, Washington, D.C., for petitioner on petition for summary enforcement. Orlando J. Antonsanti, San Juan, P.R., for respondent on answer to petition for summary enforcement. Before WOODBURY, […]

JOAN C. BURNHAM, ETC., PLAINTIFF, APPELLANT, v. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, DEFENDANT, APPELLEE. No. 88-2115.United States Court of Appeals, First Circuit.Heard April 7, 1989. Decided May 3, 1989. Page 487 Mary P. Harrington with whom Ronan, Strome, Segal Harrington, Salem, Mass., was on brief for plaintiff, appellant. David O. Brink with whom […]

RICHARD LUSSIER, PLAINTIFF, APPELLANT, v. LOUISVILLE LADDER COMPANY, ETC., DEFENDANT, APPELLEE. No. 91-1094.United States Court of Appeals, First Circuit.Heard May 6, 1991. Decided July 9, 1991. Cornelius J. Moriarty, II with whom John F. Moriarty, Jr. and Moriarty Wilson, were on brief, Holyoke, Mass., for plaintiff, appellant. Lawrence B. Wernick with whom Patricia A. Zak […]

HIM PORTLAND, LLC, Plaintiff, Appellant, v. DEVITO BUILDERS, INC., Defendant, Appellee. No. 02-1955.United States Court of Appeals, First Circuit.Heard December 4, 2002. Decided January 17, 2003. Appeal from the United States District Court for the District of Maine, Gene Carter, J. Page 42 Philip P. Mancini, with whom Paul M. Koziell and Drummond Drummond, LLP […]

JOHN D. MILLER, PETITIONER, v. FRANK HALL ET AL., RESPONDENTS. Misc. No. 76-8043.United States Court of Appeals, First Circuit.Submitted April 29, 1976. Decided June 23, 1976. No counsel appeared in this court nor filed any pleadings. [1] ON REQUEST FOR A CERTIFICATE OF PROBABLE CAUSE Appeal from the United States District Court for the District […]

SWANK, Inc. v. ANSON, Inc. No. 4618.United States Court of Appeals, First Circuit. May 5, 1952. Page 331 John Vaughan Groner, New York City (Herbert B. Barlow and Matthew W. Goring, both of Providence, R.I., James D. Bock and Fish, Richardson Neave, all of New York City, and Hinckley, Allen, Salisbury Parsons, Providence, R.I., with […]

BRENDA DICKENSON, ET AL., PLAINTIFFS, APPELLANTS, v. MICHAEL PETIT, ET AL., DEFENDANTS, APPELLEES. No. 82-1315.United States Court of Appeals, First Circuit.Argued September 17, 1982. Decided November 1, 1982. Page 178 Robert E. Mittel, Portland, Me., with whom Sewall, Mittel Heffernan, Kathleen C. Caldwell, Solomon S. Goldman, and Hugh H. Calkins, Portland, Me., were on brief, […]

MANUEL MALDONADO-DENIS, ET AL., PLAINTIFFS, APPELLANTS, v. REINALDO CASTILLO-RODRIGUEZ, ET AL., DEFENDANTS, APPELLEES. No. 93-2012.United States Court of Appeals, First Circuit.Heard March 8, 1994. Decided May 6, 1994. Page 577 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 578 Demetrio Fernandez, Rio […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. BERNARD V. BAUS, ET AL., DEFENDANTS, APPELLANTS. No. 87-1332.United States Court of Appeals, First Circuit.Heard October 6, 1987. Decided December 11, 1987. Page 1115 Richard A. Kaye with whom Kathleen L. Torres and Kaye, Fialkow, Richmond Rothstein, Boston, Mass., were on brief, for appellants. Lydia Pelegrin, Asst. U.S. […]

Gary B. MAUSER, Plaintiff, Appellant/Cross-Appellee, v. RAYTHEON COMPANY PENSION PLAN FOR SALARIED EMPLOYEES, Raytheon Company, Defendants, Appellees/Cross-Appellant. Nos. 99-1895, 99-1896.United States Court of Appeals, First Circuit.Heard August 1, 2000. Decided February 2, 2001. Appeal from the United States District Court for the District of Massachusetts, William J. Young and Reginald C. Lindsay, JJ. Page 52 […]

Frederic W. BERTHOFF, Petitioner, Appellant, v. UNITED STATES, Respondent, Appellee. No. 99-1276.United States Court of Appeals, First Circuit.Heard September 13, 2002. Decided October 21, 2002. Appeal from the United States District Court for the District of Massachusetts, William G. Young, Chief Judge. Page 125 Michael C. Bourbeau, with whom Bourbeau Bonilla was on brief, for […]

UNITED ANILINE COMPANY et al., Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. No. 6060.United States Court of Appeals, First Circuit.Heard March 5, 1963. Decided April 25, 1963. Page 702 James R. McGowan, Providence, R.I., with whom Lester H. Salter and Salter McGowan, Providence, R.I., were on brief, for petitioners. Earl J. Silbert, Atty., Dept. of […]

VIRGINIA THURBER, PLAINTIFF, APPELLEE, v. JACK REILLY’S, INC., D/B/A JACK’S, DEFENDANT, APPELLANT. No. 83-1024.United States Court of Appeals, First Circuit.Argued June 7, 1983. Decided September 14, 1983. Rehearing Denied October 14, 1983. Bruce McNeill, Boston, Mass., with whom Bradley, Barry Tarlow, P.C., Boston, Mass., was on brief, for defendant, appellant. Philip M. Weinberg, Boston, Mass., […]

In re Maria Celina CARVALHO and Francisco Andrade, Debtors. Maria Celina CARVALHO and Francisco Andrade, Plaintiffs, Appellees, v. Federal National Mortgage Association, Defendant, Appellant. No. 02-2501.United States Court of Appeals, First Circuit.Heard June 4, 2003. Decided July 9, 2003. Appeal from the District Court, Robert E. Keeton, J. Page 46 Deirdre J. Keady, with whom […]

TRI-STATE RUBBISH, INC., ET AL., PLAINTIFFS, APPELLANTS, v. WASTE MANAGEMENT, INC., ET AL., DEFENDANTS, APPELLEES. No. 92-2218.United States Court of Appeals, First Circuit.Heard February 3, 1993. Decided July 13, 1993. Page 1074 Ralph A. Dyer, Portland, ME, for appellants. Michael A. Nelson with whom Emily A. Bloch, Nicholas S. Nadzo and Jensen Baird Gardner Henry, […]

Edward S. O’BRIEN, Petitioner, Appellant, v. John MARSHALL, Superintendent, Respondent, Appellee. No. 05-2512.United States Court of Appeals, First Circuit.Heard May 5, 2006. Decided June 27, 2006. Appeal from the United States District Court for the District of Massachusetts, Mark L. Wolf, J. Page 14 Edward B. Gaffney for petitioner. Eva M. Badway, Assistant Attorney General, […]

HILL TRANSP. CO. v. EVERETT. No. 4005.Circuit Court of Appeals, First Circuit. November 30, 1944. Appeal from the District Court of the United States for the District of New Hampshire; George F. Morris, Judge. Action by Donald F. Everett against Hill Transportation Company for injuries sustained by plaintiff in a collision between a motorcycle which […]

TICONIC NAT. BANK OF WATERVILLE, ME., et al. v. SPRAGUE et al. No. 3192.Circuit Court of Appeals, First Circuit. January 15, 1937. Appeal from the District Court of the United States for the District of Maine, Southern Division; John A. Peters, Judge. Suit by Lottie F. Sprague and another against the Ticonic National Bank and […]

Israel Sotomayor VARGAS, et al., Plaintiffs, Appellees, v. GEOLOGISTICS AMERICAS, INC., et al., Defendants, Appellants. No. 01-2058.United States Court of Appeals, First Circuit.Heard March 6, 2002. Decided April 1, 2002. Appeal from the United States District Court for the District of Puerto Rico, José Antonio Fusté, J. Page 233 Ariadna Alvarez, with whom Francisco Chevere, […]

TEXTRON, INC., PLAINTIFF, APPELLEE, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLANT. No. 76-1446.United States Court of Appeals, First Circuit.Heard January 4, 1977. Decided June 23, 1977. Gary R. Allen, Atty., Tax. Div., Dept. of Justice, Washington, D.C., argued, with whom Scott P. Crampton, Asst. Atty. Gen., Myron C. Baum, Acting Asst. Atty. Gen., Lincoln C. […]

COMMISSIONER OF INTERNAL REVENUE v. CRESCENT LEATHER CO. No. 2389.Circuit Court of Appeals, First Circuit. May 17, 1930. Appeal from Board of Tax Appeals. Petition by the Commissioner of Internal Revenue for review of an order of the Board of Tax Appeals in respect to deficiency tax assessed against the Crescent Leather Company. Affirmed. John […]

EAGLE OF GLOUCESTER, INC., Claimant, Appellant, v. CONSOLIDATED FISHERIES, INC., Libellant, Appellee, two cases. Nos. 5462, 5474.United States Court of Appeals, First Circuit. July 8, 1959. C. Richard Clark, Gloucester, Mass., for appellant. No appearance for appellee. Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges. PER CURIAM. These are consolidated appeals from two […]

G. A. ENTERPRISES, INC., PLAINTIFF-APPELLANT, v. LEISURE LIVING COMMUNITIES, INC., ET AL., DEFENDANTS-APPELLEES. No. 75-1003.United States Court of Appeals, First Circuit.Argued April 8, 1975. Decided May 27, 1975. Page 25 Jerome E. Rosen, Boston, Mass., with whom Lappin, Rosen, Goldbert, Slavet, Levenson Wekstein, Boston, Mass., was on brief, for plaintiff-appellant. John C. Wyman, Boston, Mass., […]

BENITEZ v. BANK OF NOVA SCOTIA (three cases). Nos. 3488, 3486, 3487.Circuit Court of Appeals, First Circuit. January 10, 1940. Rehearing Denied February 21, 1940. Page 744 Appeals from the District Court of the United States for Puerto Rico; Cooper, Judge. Foreclosure suit by the Bank of Nova Scotia against Carlota Benitez Sampayo, and proceedings […]

CHIN PARK ex rel. CHIN LUN QUONG, Petitioner, Appellant, v. Anna C.M. TILLINGHAST, U.S. Commissioner of Immigration, Respondent, Appellee. No. 2291.Circuit Court of Appeals, First Circuit. February 11, 1929. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Daniel L. Smith, of Boston, Mass., for appellant. […]

JUAN R. ORTIZ, PETITIONER, APPELLANT, v. LARRY DUBOIS, RESPONDENT, APPELLEE. No. 93-1656.United States Court of Appeals, First Circuit.Heard November 3, 1993. Decided March 24, 1994. Page 709 John M. Thompson, with whom Linda J. Thompson, Springfield, MA, was on brief, for appellant. Page 710 Nancy W. Geary, Asst. Atty. Gen., with whom Scott Harshbarger, Atty. […]

JOSE B. LOPEZ, Inc., v. JACKSON BREWING CO. No. 3305.Circuit Court of Appeals, First Circuit. February 15, 1938. Appeal from the Supreme Court of Puerto Rico. Suit by the Jackson Brewing Company against Jose B. Lopez, Sucrs., Inc., to restrain the defendant from interfering with plaintiff’s registered trade-mark “J A X”. From a judgment of […]

Nancy BROOKS, Trustee of the Irrevocable Trust of Donald L. Silverman and as Executrix for the Estate of Donald L. Silverman, and Joan Silverman, Trustee of the Irrevocable Trust of Donald L. Silverman and as Executrix for the Estate of Donald L. Silverman, Plaintiffs, Appellants, v. AIG SUNAMERICA LIFE ASSURANCE COMPANY, Defendant, Appellee. No. 06-1721.United […]

COMMISSIONER OF INTERNAL REVENUE v. KELLEY et al. No. 2939.Circuit Court of Appeals, First Circuit. December 1, 1934. Appeal from Board of Tax Appeals. Petition by the Commissioner of Internal Revenue to review a decision of the Board of Tax Appeals redetermining a deficiency in the tax imposed against Joshua C. Kelley and another, trustees, […]

UNITED STATES OF AMERICA, APPELLEE, v. MARATHON DEVELOPMENT CORPORATION AND TERRENCE GEOGHEGAN, DEFENDANTS, APPELLANTS. No. 88-1619.United States Court of Appeals, First Circuit.Heard January 9, 1989. Decided February 8, 1989. Page 97 Stephen R. Delinsky with whom Treazure R. Johnson and Fine Ambrogne were on brief, for appellants. Richard E. Welch, III, Asst. U.S. Atty., with […]

JOSEPH T. ROZECKI, JR., ET AL., PLAINTIFFS-APPELLANTS, v. CHARLES W. GAUGHAN, SUPERINTENDENT, ET AL., DEFENDANTS-APPELLEES. No. 71-1378.United States Court of Appeals, First Circuit.Argued April 3, 1972. Decided April 26, 1972. Page 7 Robert A. Bell, Boston, Mass., for plaintiffs-appellants. Bernard Manning, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., and John J. Irwin, […]

ROBERT E. SUVEGES, JR., PETITIONER, APPELLANT, v. UNITED STATES OF AMERICA, RESPONDENT, APPELLEE. No. 92-2465.United States Court of Appeals, First Circuit.Submitted May 11, 1993. Decided October 14, 1993. Page 7 Robert E. Suveges, Jr. on brief pro se. Richard S. Cohen, U.S. Atty., and F. Mark Terison, Asst. U.S. Atty., on brief for the United […]

Mary Anne McGUIRE, et al., Plaintiffs, Appellees, v. Thomas F. REILLY, etc., et al., Defendants, Appellants. No. 00-2492.United States Court of Appeals, First Circuit.Heard March 7, 2001. Decided August 13, 2001. Appeal from the United States District Court for the District of Massachusetts, Edward F. Harrington. Page 37 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

AUGUSTINE ANDREWS, SR., PLAINTIFF, APPELLANT, v. BECHTEL POWER CORPORATION AND LOCAL 276, PLUMBERS AND PIPEFITTERS UNION, DEFENDANTS, APPELLEES. No. 84-1913.United States Court of Appeals, First Circuit.Argued September 6, 1985. Decided December 19, 1985. Page 125 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

NATIONAL SURFACE CLEANING, INC., PETITIONER, v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT. No. 94-2048.United States Court of Appeals, First Circuit.Heard April 7, 1995. Decided May 15, 1995. Page 36 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 37 Nathan L. Kaitz with whom […]

UNITED STATES of America, Appellee, v. Eddie REYES, Defendant, Appellant. No. 04-1063.United States Court of Appeals, First Circuit.Heard September 17, 2004. Decided October 20, 2004. Appeal from the United States District Court for the District of Rhode Island, Ernest C. Torres, J. Page 333 Edward C. Roy, Jr., with whom Office of the Federal Public […]

NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. NASHUA PRE-CAST CORPORATION, RESPONDENT. No. 72-1339.United States Court of Appeals, First Circuit.Argued March 6, 1973. Decided March 16, 1973. Edward N. Bomsey, Attorney, Washington, D.C., with whom Peter G. Nash, General Counsel, Patrick Hardin, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Leonard M. Wagman, Attorney, Los Angeles, […]

RESOLUTION TRUST CORPORATION, IN ITS CAPACITY AS RECEIVER FOR HOME FEDERAL SAVINGS BANK OF WORCESTER, PLAINTIFF, APPELLEE, v. MICHAEL F. CARR, DEFENDANT, APPELLANT. No. 93-1418.United States Court of Appeals, First Circuit.Heard October 4, 1993. Decided December 22, 1993. Page 426 Mark S. Furman with whom Edward R. Wiest and Tarlow, Breed, Hart, Murphy Rodgers, P.C., […]

MIRIAM ESTRADA-IZQUIERDO, PLAINTIFF, APPELLEE, v. AWILDA APONTE-ROQUE, ETC., DEFENDANT, APPELLANT. No. 87-1567.United States Court of Appeals, First Circuit.Heard December 7, 1987. Decided June 28, 1988. Carlos Del Valle with whom Marcos A. Ramirez Irizarry, Ramirez Ramirez, Hato Rey, P.R., and Hector Rivera Cruz, Secretary of Justice, were on brief, for defendant, appellant. Pedro Miranda Corrada, […]

Robur OTERO CARRASQUILLO, Maria T. Negron Cedeño and the Conjugal Partnership formed between them and Jennifer Otero M. Negron, Plaintiffs, Appellants, v. PHARMACIA CORPORATION; Pfizer Pharmaceuticals; Zaida Sanabria in her official and personal capacity; Companies X, Y, Z, Jane Doe and John Doe, Defendants, Appellees. No. 05-2373.United States Court of Appeals, First Circuit.Submitted June 8, […]

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, […]

WARREN C. APEL ET AL., PLAINTIFFS-APPELLANTS, v. DENNIS J. MURPHY, ETC., ET AL., DEFENDANTS-APPELLEES. No. 75-1327.United States Court of Appeals, First Circuit.Argued November 4, 1975. Decided December 1, 1975. Page 72 Gerald W. Harrington, Providence, R. I., with whom Deming E. Sherman, Providence, R.I., was on brief, for plaintiffs-appellants. J. Peter Doherty, Sp. Asst. Atty. […]

Sean JANOSKY, Petitioner, Appellant, v. Peter ST. AMAND, Respondent, Appellee. No. 09-1012.United States Court of Appeals, First Circuit.Heard November 4, 2009. Decided February 3, 2010. Appeal from the United States District Court for the District of Massachusetts, Rya W. Zobel, J. Page 40 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

DOHERTY v. BARTLETT et al.[*] No. 3052.Circuit Court of Appeals, First Circuit. February 12, 1936. [*] Rehearing denied ___ F.2d ___. Page 921 Appeal from the District Court of the United States for the District of New Hampshire; George F. Morris, Judge. Actions by Fred G. Bartlett, by Leon S. Knowlton, and by Joseph O. […]

LECHMERE, INC., PETITIONER, v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT. No. 89-1683.United States Court of Appeals, First Circuit.Heard January 10, 1990. Decided September 17, 1990. Rehearing and Rehearing En Banc Denied October 25, 1990. Page 314 Robert P. Joy, with whom Keith H. McCown and Morgan, Brown Joy, Boston, Mass., were on brief, for petitioner. Richard […]

JOHN L. KELLY, PLAINTIFF, APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. No. 90-1546.United States Court of Appeals, First Circuit.Heard November 6, 1990. Decided January 17, 1991. William A. Brown, Boston, Mass., for plaintiff, appellant. George B. Henderson, II, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief, for […]

UNITED STATES of America, Appellee, v. Juan Carlos GUZMAN, Defendant, Appellant. No. 01-2027.United States Court of Appeals, First Circuit.Submitted February 19, 2002. Decided March 8, 2002. Appeal from the United States District Court for the District of Puerto Rico, Jose Antonio Fuste, J. Page 57 Juan R. Acevedo-Cruz on brief for appellant. Guillermo Gil, United […]

NORTH AMERICAN INDUSTRIES, INC., ET AL., PLAINTIFFS, APPELLANTS, v. SAM I. FELDMAN, DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION SERVICE, DEFENDANT, APPELLEE. No. 83-1135.United States Court of Appeals, First Circuit.Argued August 3, 1983. Decided December 5, 1983. Page 894 Marshall D. Stein, Boston, Mass., on brief for plaintiffs, appellants. Joan I. Milstein, Asst. U.S. Atty., Boston, Mass., […]

UNITED STATES OF AMERICA, APPELLEE, v. ROBERT HUGH BRADY, DEFENDANT, APPELLANT. No. 98-1561United States Court of Appeals, First Circuit.Heard January 7, 1999 Decided February 26, 1999 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. [Hon. William G. Young, U.S. District Judge] Page 575 Leo T. Sorokin, Federal Defender Office, for appellant. […]

UNITED STATES, APPELLEE, v. HERNAN PULGARIN, DEFENDANT, APPELLANT. No. 88-1400.United States Court of Appeals, First Circuit.Heard December 5, 1991. Decided January 27, 1992. Jonathan M. Feigenbaum with whom Richard M. Passalacqua, Boston, Mass., was on brief, for defendant, appellant. George W. Vien, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was […]

ALTERNATIVE ENERGY, INC., Beaver-Cadillac, GP, Inc., Beaver Plant Operations, Inc., Christopher Hutchins, Plaintiffs, Appellees, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant, Appellant. No. 02-1232.United States Court of Appeals, First Circuit.Heard August 1, 2002. Decided November 22, 2002. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, Chief […]

ELECTRICAL CONTRACTORS ASSOCIATION OF GREATER BOSTON, INC., PLAINTIFF, APPELLANT, v. LOCAL UNION 103, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, DEFENDANT, APPELLEE. No. 71-1205.United States Court of Appeals, First Circuit.Heard February 24, 1972. Decided April 12, 1972. Harold Rosenwald, Boston, Mass., with whom Morris L. Deutsch, Robert P. Page 591 Weintraub, Bloom, Deutsch, Richmond, Rosenwald Drachman, Boston, […]

MEMBERS OF THE JAMESTOWN SCHOOL COMMITTEE, ET AL., PLAINTIFFS, APPELLEES, v. DR. THOMAS C. SCHMIDT, AS COMMISSIONER OF EDUCATION OF THE STATE OF RHODE ISLAND, ET AL., DEFENDANTS, APPELLANTS. No. 82-1081.United States Court of Appeals, First Circuit.Argued June 10, 1982. Decided January 19, 1983. Rehearing Denied March 10, 1983. Page 2 [EDITORS’ NOTE: THIS PAGE […]

LUIS S. NAVAS, PLAINTIFF, APPELLANT, v. LUIS GONZALEZ VALES, ET AL., DEFENDANTS, APPELLEES. No. 84-1501.United States Court of Appeals, First Circuit.Heard October 4, 1984. Decided January 18, 1985. Page 766 Carlos Del Valle, San Juan, P.R., with whom Manuel A. Quilichini and Lespier, Munoz Noya Ramirez, Hato Rey, P.R., were on brief for plaintiff, appellant. […]

JOHN G. ALDEN, INC. OF MASSACHUSETTS; John G. Alden Insurance Agency, Inc., Plaintiffs-AppellantsCross-Appellees, v. JOHN G. ALDEN INSURANCE AGENCY OF FLORIDA, INC.; John G. Alden Special Risks, Inc., Defendants-AppelleesCross-Appellants. Nos. 04-1054, 04-1209.United States Court of Appeals, First Circuit.Heard October 6, 2004. Decided November 10, 2004. Appeal from the United States District Court for the District […]

UNITED STATES of America, Appellee, v. Christopher A. CONLEY, Defendant, Appellant. No. 07-2587.United States Court of Appeals, First Circuit.Heard May 5, 2008. Decided June 26, 2008. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, J. Page 57 Peter J. Cyr with whom Law Offices of Peter J. Cyr […]

Yen Zheng ZHENG, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent. Nos. 06-2479, 07-1568.United States Court of Appeals, First Circuit.Submitted August 4, 2008. Decided October 29, 2008. Dehai Zhang, on brief, for petitioner. Christina Bechak Parascandola, Trial Attorney, Allen W. Hausman, Senior Litigation Counsel, and Peter D. Keisler, Assistant Attorney General, on brief, for respondent. […]

PETER DiPIRO, PLAINTIFF-APPELLANT, v. JAMES L. TAFT, MAYOR, CITY OF CRANSTON, EARL CROFT, DIRECTOR OF PERSONNEL, CITY OF CRANSTON, AND THOMAS POWERS, DEFENDANTS-APPELLEES. No. 78-1087.United States Court of Appeals, First Circuit.Argued June 7, 1978. Decided September 22, 1978. As Amended October 20, 1978. Page 2 Ralph J. Gonnella, Providence, R. I., for appellant. Joseph A. […]

IN RE CONTINENTAL INVESTMENT CORPORATION, DEBTOR. MONTE J. WALLACE AND NEIL W. WALLACE, CONTINENTAL INVESTMENT CORPORATION, AND CREDITORS’ COMMITTEE, APPELLANTS, v. SECURITIES AND EXCHANGE COMMISSION, APPELLEE. Nos. 78-1204, 78-1205 and 78-1238.United States Court of Appeals, First Circuit.Argued September 13, 1978. Decided October 27, 1978. As Amended October 31, 1978. Page 242 [EDITORS’ NOTE: THIS PAGE […]

Keith STEWART and Diana Ramirez, Plaintiffs, Appellants, v. TUPPERWARE CORPORATION; Sunny Islands Sales, Inc.; American Motorists Insurance Company; Ruth Fuente-Alicia and her Conjugal Partnership, Defendants, Appellees. No. 03-1404.United States Court of Appeals, First Circuit.Heard November 3, 2003. Decided February 2, 2004. Appeal from the United States District Court for the District of Puerto Rico, Salvador […]

RICHARD LISA AND TINA LISA, PLAINTIFFS, APPELLANTS, v. FOURNIER MARINE CORPORATION, ET AL., DEFENDANTS, APPELLEES. No. 88-1441.United States Court of Appeals, First Circuit.Heard December 5, 1988. Decided February 3, 1989. Rehearing and Rehearing En Banc Denied March 14, 1989. Page 531 Nathan Greenberg, Boston, Mass., for plaintiffs, appellants. Richard H. Pettingell, with whom D. Alice […]

Max P. LASH, Defendant, Appellant, v. UNITED STATES of America, Appellee. No. 4894.United States Court of Appeals, First Circuit. April 7, 1955. Rehearing Denied May 2, 1955. Page 238 Joseph N. Welch, Boston, Mass., with whom Anthony Brayton, John E. Laursen, and Hale Dorr, Boston, Mass., were on brief, for appellant. Charles F. Choate, Asst. […]

UNITED STATES OF AMERICA, APPELLEE, v. ANTHONY MONTEIRO, A/K/A TOY, DEFENDANT, APPELLANT. No. 88-1465.United States Court of Appeals, First Circuit.Heard January 12, 1989. Decided March 29, 1989. Page 205 Edward L. Gerstein, Providence, R.I., by Appointment of the Court, for appellant. Craig N. Moore, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., Providence, […]

UNITED STATES, Petitioner, Appellant, v. TEXTRON, INC., Respondent, Appellee. No. 07-2631.United States Court of Appeals, First Circuit. March 25, 2009. Thomas P. Cole, Jennifer D. Auchterlonie, Judith Ann Hagley, Robert William Metzler, Richard T. Morrison, Kevin J. O’Connor, David I. Pincus, Gilbert Steven Rothenberg, U.S. Department of Justice, Tax Division, Washington, DC, Duke Donovan, U.S. […]

UNITED SHOE MACHINERY CORPORATION v. KAMBORIAN et al. No. 4153.Circuit Court of Appeals, First Circuit. March 13, 1947. Appeal from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. Patent infringement action by Jacob S. Kamborian and another against United Shoe Machinery Corporation. Judgment for plaintiffs, 62 F. […]

LITTLETON STAMP AND COIN CO., INC., PLAINTIFF, APPELLEE, v. DELTA AIRLINES, INC., DEFENDANT, APPELLANT. No. 84-2042.United States Court of Appeals, First Circuit.Argued May 8, 1985. Decided November 27, 1985. Page 54 Matthias J. Reynolds, with whom Daniel J. Callaghan and Devine, Millimet, Stahl Branch Professional Association, Manchester, N.H., were on brief, for defendant, appellant. Mark […]

LANE T. MELE, PETITIONER, APPELLANT, v. FITCHBURG DISTRICT COURT, ET AL., RESPONDENTS, APPELLEES. No. 88-1019.United States Court of Appeals, First Circuit.Heard March 9, 1988. Decided June 15, 1988. Page 818 Robert A. Falk with whom Henry F. Owens III and Owens Associates, Boston, Mass., were on brief, for petitioner, appellant. Marc C. Laredo, Asst. Atty. […]

PAUL E. LEMIRE, PETITIONER, APPELLANT, v. RICHARD T. McCARTHY ET AL., RESPONDENTS, APPELLEES. No. 77-1356.United States Court of Appeals, First Circuit.Argued November 10, 1977. Decided February 2, 1978. Page 18 Jean-Claude Sakellarios, Boston, Mass., with whom John F. Bielagus, Lowell, Mass., was on brief, for petitioner, appellant. Peter W. Heed, Asst. Atty., Gen., Concord, N. […]

Alfred F. FAGUNDES, Jr., Defendant, Appellant, v. UNITED STATES of America, Appellee. No. 6296.United States Court of Appeals, First Circuit.Heard November 2, 1964. Decided January 25, 1965. Raymond J. Dowd, Boston, Mass., with whom Joseph Sax, Boston, Mass., was on brief, for appellant. A. David Mazzone, Asst. U.S. Atty., with whom W. Arthur Garrity, Jr., […]

MOIR v. UNITED STATES. No. 4049.Circuit Court of Appeals, First Circuit. May 18, 1945. Page 456 Appeal from the District Court of the United States for the District of Massachusetts; Arthur D. Healey, Judge. Action by John A. Moir, executor, against the United States of America, to recover back a sum of money alleged to […]

Helen McLanahan STEVENS, Plaintiff, Appellant, v. Chauncey C. LOOMIS et al., Defendants, Appellees. No. 6268.United States Court of Appeals, First Circuit. June 23, 1964. Page 776 James D. St. Clair, Boston, Mass., with whom Robert E. Fast, Boston, Mass., was on brief, for appellant. Wilmot R. Hastings and Robert J. Hallisey, Boston, Mass., with whom […]

DOMINION ENERGY BRAYTON POINT, LLC, Plaintiff, Appellant, v. Stephen L. JOHNSON, In His Capacity as Administrator of the United States Environmental Protection Agency, et al., Defendants, Appellees. No. 05-2231.United States Court of Appeals, First Circuit.Heard January 13, 2006. Decided March 30, 2006. Appeal from the United States District Court for the District of Massachusetts, Reginald […]

Matthew KIMAN, Plaintiff, Appellant, and United States, Intervenor, v. NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS, et al., Defendants, Appellees. No. 02-1099.United States Court of Appeals, First Circuit.Heard June 14, 2002. Decided August 20, 2002. Appeal from the United States District Court for the District of New Hampshire, Paul J. Barbadoro, Chief District Judge. Page 14 Nancy […]

LITTLE PEOPLE’S SCHOOL, INC., PLAINTIFF, APPELLEE, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLANT. No. 87-1484.United States Court of Appeals, First Circuit.Heard November 4, 1987. Decided March 29, 1988. Page 571 Teresa E. McLaughlin, Tax Div., Dept. of Justice, with whom Michael L. Paup and Robert S. Pomerance, Tax Div., Dept. of Justice, Michael C. Durney, […]

BATH IRON WORKS CORPORATION AND COMMERCIAL UNION INSURANCE COMPANIES, PETITIONERS, v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, RESPONDENT. No. 91-1476.United States Court of Appeals, First Circuit.Heard October 8, 1991. Decided November 27, 1991. Allan M. Muir with whom Kevin M. Gillis and Richardson Troubh, Portland, Me., were on brief for […]

MICHAEL ADAMS, PLAINTIFF, APPELLEE, v. PROVIDENCE AND WORCESTER COMPANY, DEFENDANT, APPELLANT. No. 83-1398.United States Court of Appeals, First Circuit.Argued October 7, 1983. Decided November 23, 1983. William J. LeDoux, Worcester, Mass., with whom James E. Wallace, Jr., P.C., John A. Mavricos, and Bowditch Dewey, Worcester, Mass., were on brief, for defendant, appellant. George J. Cahill, […]