Category: First Circuit Court of Appeals Opinions

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 […]

UNITED STATES, APPELLEE, v. MARIA MULINELLI-NAVAS, DEFENDANT-APPELLANT. No. 96-1462United States Court of Appeals, First Circuit. May 23, 1997 Page 984 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 985 Linda Backiel, with whom Luis F. Abreu-Elias was on brief for defendant-appellant. Maria […]

UNITED STATES of America, Appellee, v. John BRENNICK, Defendant, Appellant. No. 04-1419.United States Court of Appeals, First Circuit.Heard November 3, 2004. Decided April 26, 2005. Appeal from the United States District Court for the District of New Hampshire, Paul J. Barbadoro, J. Page 97 Bjorn Lange, Assistant Federal Public Defender, for appellant. Mark E. Howard, […]

UNITED STATES OF AMERICA, APPELLEE, v. ESPERANZA AGUILAR-ARANCETA, DEFENDANT, APPELLANT. No. 91-1513.United States Court of Appeals, First Circuit.Heard November 6, 1991. Decided February 19, 1992. Page 19 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 20 Rachel Brill, with whom Benicio Sanchez-Rivera, […]

PORTO RICO TELEPHONE COMPANY, Plaintiff, Appellant, v. Sol Luis DESCARTES, Secretary of the Treasury of Puerto Rico, Defendant, Appellee. No. 5302.United States Court of Appeals, First Circuit.Heard February 5, 1958. Decided May 7, 1958. Page 170 George Jackson Eder, New York City, with whom Gonzalo Sifre and Sifre Ruiz-Suria, San Juan, P.R., were on the […]

PROLERIZED NEW ENGLAND COMPANY, EMPLOYER-PETITIONER, AND HARTFORD ACCIDENT AND INDEMNITY COMPANY, CARRIER-PETITIONER, v. BENEFITS REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, RESPONDENT. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, RESPONDENT, AND RICHARD F. McNEIL, CLAIMANT-RESPONDENT. No. 80-1086.United States Court of Appeals, First Circuit.Argued September 4, 1980. Decided December 23, 1980. Page […]

CHRISTINE MAIORANA, AS THE ADMINISTRATRIX OF THE ESTATE OF ANTHONY C. MAIORANA, PLAINTIFF-APPELLANT, v. ROBERT D. MacDONALD AND ROBERT SCIRE, DEFENDANTS-APPELLEES. CHRISTINE MAIORANA, AS THE ADMINISTRATRIX OF THE ESTATE OF ANTHONY C. MAIORANA, PLAINTIFF-APPELLANT, v. JAMES JAJUGA, ROBERT J. LONG, AND RONALD GUILMETTE, DEFENDANTS-APPELLEES. Nos. 78-1424, 78-1425.United States Court of Appeals, First Circuit.Argued January 4, […]

HARVEY ROBBINS, PLAINTIFF, APPELLEE, v. GEORGE W. PRESCOTT PUBLISHING CO., INC., ET AL., DEFENDANTS, APPELLANTS. No. 79-1662.United States Court of Appeals, First Circuit.Argued January 10, 1980. Decided January 18, 1980. Richard A. Perras, Boston, Mass., with whom Deutsch, Weintraub Glazerman, P. C., Boston, Mass., was on memorandum, for defendants, appellants. Paul A. Schneiders, Canton, Mass., […]

ASSOCIATION OF INTERNATIONAL AUTOMOBILE MANUFACTURERS, INC., DAIMLERCHRYSLER CORPORATION, FORD MOTOR COMPANY, GENERAL MOTORS CORPORATION AND MASSACHUSETTS STATE AUTOMOBILE DEALERS ASSOCIATION, INC., PLAINTIFFS, APPELLEES, v. COMMISSIONER, MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANT, APPELLANT. No. 98-1036.United States Court of Appeals, First Circuit.Heard May 8, 1999 Decided November 24, 1999. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR […]

KEITH FULTON SONS, INC., PLAINTIFF, APPELLANT, v. NEW ENGLAND TEAMSTERS AND TRUCKING INDUSTRY PENSION FUND, ET AL., DEFENDANTS, APPELLEES. No. 83-1804.United States Court of Appeals, First Circuit.Argued January 4, 1984. Decided August 6, 1984. Page 1125 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

ERIC WALGREN ET AL., PLAINTIFFS, APPELLANTS, v. MERLE HOWES ET AL., DEFENDANTS, APPELLEES. No. 73-1045.United States Court of Appeals, First Circuit.Heard May 8, 1973. Decided July 18, 1973. Page 96 Eric Walgren, pro se. David M. Roseman, Boston, Mass., with whom H. Theodore Cohen and Tyler Reynolds, Boston, Mass., were on brief, for defendants, appellees. […]

UNITED STATES, APPELLEE, v. RAMBERTO HERNANDEZ, AKA RAM, DEFENDANT-APPELLANT. No. 95-1328.United States Court of Appeals, First Circuit.Heard November 7, 1996 Decided March 17, 1997. Page 14 H. Manuel Hernandez, by appointment of the Court, for appellant. Jose A. Quiles-Espinosa, Senior Litigation Counsel, with whom Guillermo Gil, United States Attorney, and Nelson Perez-Sosa, Assistant United States […]

UNITED STATES OF AMERICA, APPELLEE, v. JAMES A. CROCHIERE, APPELLANT. No. 97-1555United States Court of Appeals, First Circuit.Heard October 10, 1997. Decided November 18, 1997. Page 234 Marc D. Padellaro, with whom Joseph W. Monahan, III and Mary Jane Walsh were on brief, for appellant. S. Theodore Merritt, Assistant United States Attorney, with whom Donald […]

UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT, v. SWISS AMERICAN BANK, LTD., ET AL., DEFENDANTS-APPELLEES. No. 99-1012United States Court of Appeals, First Circuit.Heard June 11, 1999. Decided September 8, 1999. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. William G. Young, U.S. District Judge] Page 31 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

UNITED STATES OF AMERICA, APPELLEE, v. HECTOR GARCIA, DEFENDANT, APPELLANT. No. 91-1708.United States Court of Appeals, First Circuit.Heard December 3, 1991. Decided January 16, 1992. Page 13 Edward J. Romano, with whom Paul J. DiMaio, Providence, R.I., was on brief, for defendant, appellant. Margaret E. Curran, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. […]

NONANTUM INV. CO. v. MARYLAND CASUALTY CO. No. 2567.Circuit Court of Appeals, First Circuit. February 25, 1932. Page 330 Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Suit by the Nonantum Investment Company against the Maryland Casualty Company. From a judgment for the defendant upon […]

REINALDO HERNANDEZ FLECHA ET AL., PLAINTIFFS, APPELLEES, v. HON. CARLOS QUIROS, ETC., DEFENDANT, APPELLEE, F. RAY MARSHALL, U.S. SECRETARY OF LABOR, ET AL., DEFENDANTS, APPELLANTS. No. 77-1401.United States Court of Appeals, First Circuit.Argued October 4, 1977. Decided December 28, 1977. Jonathan H. Waxman, Acting Counsel for Litigation, Washington, D.C., with whom Carin Ann Clause, Sol. […]

UNITED STATES v. BOSTON BUICK CO. SAME v. IRON CAP COPPER CO. Nos. 2344, 2377.Circuit Court of Appeals, First Circuit. November 5, 1929. Appeals from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster and James M. Morton, Judges. Actions by the Boston Buick Company and the Iron Cap […]

Carlos A. GARCÍA PÉREZ, et al., Plaintiffs, Appellants, v. Alvaro SANTAELLA, M.D., et al., Defendants, Appellees. No. 03-1670.United States Court of Appeals, First Circuit.Heard March 1, 2004. Decided April 13, 2004. Appeal from the United States District Court for The District Of Puerto Rico, Jay A. Garcia-Gregory, J. Page 349 Joan S. Peters with whom […]

Armando MÉNDEZ-LABOY, et al., Plaintiffs, Appellants, v. ABBOTT LABORATORIES, INC., Defendant, Appellee. No. 04-2687.United States Court of Appeals, First Circuit.Heard June 10, 2005. Decided September 15, 2005. Appeal from the United States District Court for the District of Puerto Rico, Jay A. Garcia-Gregory, J. Page 36 Eric M. Quetglas-Jordán, with whom Quetglas Law Offices, was […]

WALTER JUDA AND RENEE JUDA, PETITIONERS, APPELLANTS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, APPELLEE. No. 88-2007.United States Court of Appeals, First Circuit.Heard April 5, 1989. Decided June 12, 1989. As Amended June 15, 1989. Geoffrey J. O’Connor, for petitioners, appellants. Teresa E. McLaughlin, Tax Div., Dept. of Justice, with whom James I.K. Knapp, Acting Asst. […]

Maritza VALLE-ARCE, Plaintiff, Appellant, v. PUERTO RICO PORTS AUTHORITY, Defendant, Appellee. No. 10-1102.United States Court of Appeals, First Circuit.Heard March 9, 2011. Decided July 8, 2011. Appeal from the United States District Court for the District of Puerto Rico, Francisco Augusto Besosa, J. Page 191 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

DR. JAIME VIQUEIRA, A/K/A JAIME VIQUEIRA MARIANI, ET AL., PLAINTIFFS, APPELLANTS, v. FIRST BANK, ET AL., DEFENDANTS, APPELLEES. No. 97-2127.United States Court of Appeals, First Circuit.Heard February 23, 1998. Decided March 30, 1998. Page 13 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

UNITED STATES of America, Appellant, v. Michael A. SICILIANO, Defendant, Appellee. No. 08-1745.United States Court of Appeals, First Circuit.Heard February 4, 2009. Decided August 26, 2009. Appeal from the United States District Court for the District of Massachusetts, Rya W. Zobel, J. Page 62 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

BLATCHLEY v. SECURITIES AND EXCHANGE COMMISSION et al. No. 4137.Circuit Court of Appeals, First Circuit. October 29, 1946. Rehearing Denied December 18, 1946. Petition for Review of an Order of the Securities and Exchange Commission. Petition by Harry C. Blatchley to review an order of the Securities Exchange Commission approving a plan of reorganization submitted […]

Adam FARKAS, Appellant, v. TEXAS INSTRUMENTS, INC. and Ling-Temco-Vought, Inc., Appellees. No. 7560.United States Court of Appeals, First Circuit.Heard June 4, 1970. Decided July 10, 1970. Page 850 Adam Farkas, pro se. Lane McGovern, Boston, Mass., with whom Ropes Gray, Boston, Mass., was on brief, for Texas Instruments, Inc., appellee. Harold Lavien, Boston, Mass., with […]

John W. GARDNER, Secretary of Health, Education and Welfare, Defendant, Appellant, v. Oscar MENENDEZ, Plaintiff, Appellee. No. 6761.United States Court of Appeals, First Circuit. March 2, 1967. Page 489 Morton Hollander, Atty., Dept. of Justice, with whom John W. Douglas, Asst. Atty. Gen., Francisco A. Gil, Jr., U.S. Atty., and William Kanter, Atty., Dept. of […]

MARY LOUSARARIAN, PLAINTIFF, APPELLANT, v. ROYAL CARIBBEAN CORP., AS SUCCESSOR IN INTEREST TO ROYAL CARIBBEAN LIMITED, DEFENDANT, APPELLEE. No. 91-1548.United States Court of Appeals, First Circuit.Heard November 6, 1991. Decided December 4, 1991. Page 8 Joseph M. Orlando with whom Nancy Benotti and Orlando Associates were on brief, for plaintiff, appellant. Thomas J. Muzyka with […]

In re TJX COMPANIES RETAIL SECURITY BREACH LITIGATION. AmeriFirst Bank and Selco Community Credit Union, Plaintiffs, Appellees/Cross-Appellants, v. TJX Companies, Inc., Fifth Third Bank and Fifth Third Bancorp, Defendants, Appellants/Cross-Appellees. Nos. 07-2828, 08-1075, 08-1076.United States Court of Appeals, First Circuit.Heard December 2, 2008. Decided March 30, 2009. As Amended on Rehearing in Part May 5, […]

MARK T. KNOWLTON, ET AL., PLAINTIFFS, APPELLEES, v. DESERET MEDICAL, INC., DEFENDANT, APPELLANT. No. 89-2139.United States Court of Appeals, First Circuit.Heard March 5, 1991. Decided April 19, 1991. Rehearing and Rehearing En Banc Denied May 17, 1991. Page 117 Jeffrey S. Stern with whom Tina M. Traficanti, Ellen K. Wade and Sugarman, Rogers, Barshak Cohen […]

JOHN HANCOCK MUT. LIFE INS. CO. v. CASEY et al. No. 4128.Circuit Court of Appeals, First Circuit. May 8, 1946. Page 230 Appeal from the District Court of the United States for the District of Massachusetts; Healey, Judge. Proceedings for corporate reorganization of the Carlton Hotel, Inc., under the Bankruptcy Act, wherein Thomas J. Casey […]

BLAKESLEE et al. v. UNITED STATES. No. 2310.Circuit Court of Appeals, First Circuit. June 25, 1929. Appeal from the District Court of the United States for the District of Rhode Island; Ira Lloyd Letts, Judge. Ralph H. Blakeslee (alias Borson) and others were convicted of conspiracy to violate the National Prohibition Act, and they appeal. […]

RAUL F. RODRIGUEZ, ET AL., PLAINTIFFS, APPELLEES, v. BANCO CENTRAL, ET AL., DEFENDANTS, APPELLANTS. No. 85-1620.United States Court of Appeals, First Circuit.Argued February 3, 1986. Decided May 7, 1986. Page 173 Luis Sanchez-Betances, with whom Cepeda, Sanchez-Betances Sifre, Marcos A. Ramirez and Ramirez Ramirez, Hato Rey., P.R., were on brief, for defendants, appellants. Alberto F. […]

UNITED STATES OF AMERICA, APPELLEE, v. GILBERTO OCASIO, A/K/A GILBERTO OCASIO AGOSTO, DEFENDANT, APPELLANT. No. 90-1146.United States Court of Appeals, First Circuit.Heard July 31, 1990. Decided September 19, 1990. Page 331 Jose Antonio Pagan Nieves, Old San Juan, P.R., by appointment of the Court, for appellant. Jorge E. Vega-Pacheco, Asst. U.S. Atty., San Juan, P.R., […]

UNITED STATES OF AMERICA, APPELLEE, v. VICTOR ERNESTO BOSCH, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. VICTOR CORREA GOMEZ, APPELLANT. Nos. 77-1109, 77-1110.United States Court of Appeals, First Circuit.Argued June 8, 1978. Decided September 29, 1978. Page 1114 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

Anne GABRIEL, Plaintiff, Appellant, v. Edward G. PREBLE, et al., Defendants, Appellees. No. 04-1744.United States Court of Appeals, First Circuit.Heard January 3, 2005. Decided January 19, 2005. Appeal from the United States District Court for the District of Massachusetts, Rya W. Zobel, J. Page 11 Cornelius J. Moynihan, Jr., with whom Nixon Peabody LLP was […]

PENLEY v. UNITED STATES. No. 3963.Circuit Court of Appeals, First Circuit. November 9, 1944. Appeal from District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. Howard Edward Penley was convicted of violating the Selective Training and Service Act by knowingly failing to report for induction pursuant to an order […]

H.W. GOLDEN SON, Inc., v. INHABITANTS OF TOWN OF MARBLEHEAD. No. 2819.Circuit Court of Appeals, First Circuit. February 16, 1934. Appeal from the District Court of the United States for the District of Massachusetts; Hugh D. McLellan, Judge. Action by H.W. Golden Son, Inc., against the Inhabitants of the Town of Marblehead, Massachusetts. From a […]

UNITED STATES of America, Appellee, v. Patrick Vincent BUTLER, Defendant, Appellant. No. 7452.United States Court of Appeals, First Circuit. November 23, 1970. Joseph T. Travaline, Somerville, Mass., by appointment of the Court, with whom Edward S. Guidoboni, Somerville, Mass., was on brief, for appellant. Frederick W. Faerber, Jr., Asst. U.S. Atty., with whom Lincoln C. […]

BL(A)CK TEA SOCIETY, Plaintiff, Appellant, v. CITY OF BOSTON, Defendant, Appellee. No. 04-2002.United States Court of Appeals, First Circuit. July 30, 2004. Page 9 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 10 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE […]

TRAILER MARINE TRANSPORT CORP., PLAINTIFF, APPELLEE, v. CARMEN M. RIVERA VAZQUEZ, ETC., ET AL., DEFENDANTS, APPELLANTS. No. 91-2172.United States Court of Appeals, First Circuit.Heard June 1, 1992. Decided September 28, 1992. Rehearing and Rehearing En Banc Denied October 28, 1992. Page 2 Carlos Del Valle with whom Ramirez Ramirez, Hato Rey, P.R., was on brief […]

FIREMAN’S FUND AMERICAN INSURANCE COMPANY, ET AL., PLAINTIFFS, APPELLEES, AND MASTER’S INTERNATIONAL, INC., PLAINTIFF, APPELLANT, v. ALMACENES MIRAMAR, INC., ET AL., DEFENDANTS, APPELLEES. FIREMAN’S FUND AMERICAN INSURANCE COMPANY ET AL., PLAINTIFFS, APPELLANTS, v. ALMACENES MIRAMAR, INC., ET AL., DEFENDANTS, APPELLEES. Nos. 80-1016, 80-1028.United States Court of Appeals, First Circuit.Argued February 5, 1981. Decided May 13, […]

RICHARD MAHAN and FELICIA MAHAN, Plaintiffs, Appellants, v. PLYMOUTH COUNTY HOUSE OF CORRECTIONS, ET AL., Defendants, Appellees. No. 94-1835United States Court of Appeals, First Circuit.Heard February 8, 1995 Decided September 7, 1995 Page 15 Matthew Cobb, with whom Law Firm of Matthew Cobb was on brief for appellants. James B. Lampke, for appellee Town of […]

MASSACHUSETTS COALITION OF CITIZENS WITH DISABILITIES ET AL., PLAINTIFFS-APPELLANTS, v. CIVIL DEFENSE AGENCY AND OFFICE OF EMERGENCY PREPAREDNESS OF THE COMMONWEALTH OF MASSACHUSETTS ET AL., DEFENDANTS-APPELLEES. No. 80-1520.United States Court of Appeals, First Circuit.Argued January 6, 1981. Decided May 26, 1981. Page 72 Mark Stern, Cambridge, with whom Benjamin Hiller, and Goldstein, Pressman Stern, Cambridge, […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MAGNESIUM CASTING COMPANY, Respondent, United Steelworkers of America, Intervenor. No. 7462.United States Court of Appeals, First Circuit. May 21, 1970. Page 115 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 116 Abigail Cooley Baskir, Washington, D.C., […]

BENITEZ v. BANK OF NOVA SCOTIA. No. 3561.Circuit Court of Appeals, First Circuit. December 20, 1940. Appeal from the District Court of the United States for Puerto Rico; Frank Cooper, Judge. Suit in equity by the Bank of Nova Scotia against the Benitez Sugar Company and others, including Jose J. Benitez Sampayo, individually and as […]

UNITED STATES, APPELLEE, v. WILFRED J. HART A/K/A “JAY HART,” DEFENDANT, APPELLANT. Nos. 88-2212, 88-2213.United States Court of Appeals, First Circuit.Heard April 3, 1991. Decided May 16, 1991. Page 81 Michael Burke with whom Epstein, Burke, MacIntosh DeVito, P.A. were on brief, Concord, N.H., for defendant, appellant. Margaret D. McGaughey, Asst. U.S. Atty., with whom […]

PUERTO RICO ELECTRIC POWER AUTHORITY (PREPA), Plaintiff, Appellant, v. ACTION REFUND and Stanley K. Wallin, Defendants, Appellees. No. 07-1847.United States Court of Appeals, First Circuit.Heard November 5, 2007. Decided February 7, 2008. Appeal from the United States District Court for the District of Puerto Rico, Jaime Pieras, Jr., Senior District Judge. Page 58 [EDITORS’ NOTE: […]

IN RE LEONARD L. BIANCHI, APPELLANT. No. 76-1245.United States Court of Appeals, First Circuit.Submitted July 1, 1976. Decided September 23, 1976. Page 99 Ronald J. Chisholm, Boston, Mass., on brief, for appellant. James N. Gabriel, U.S. Atty., Boston, Mass., Gerald E. McDowell, and Stephen H. Jigger, Attys., U.S. Department of Justice, Washington, D.C., on brief, […]

CUMBERLAND FARMS, INC., PETITIONER, v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT. No. 92-2008.United States Court of Appeals, First Circuit.Heard January 5, 1993. Decided February 4, 1993. Page 557 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 558 Philip J. Moss, with whom Moon, […]

Charles LIZOTTE, Plaintiff, Appellant, v. CANADIAN JOHNS-MANVILLE COMPANY, Ltd., Defendant, Appellee. No. 6975.United States Court of Appeals, First Circuit. December 5, 1967. Page 608 Daniel J. Hourihan, Boston, Mass., for appellant. Stephen A. Hopkins, Boston, Mass., and Sherburne, Powers Needham, Boston, Mass., on the brief, for appellee. Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit […]

UNITED STATES OF AMERICA, APPELLEE, v. JOHN F. DUNN, JR., DEFENDANT, APPELLANT. No. 84-1236.United States Court of Appeals, First Circuit.Heard December 7, 1984. Decided March 29, 1985. Page 31 John S. Leonard, Boston, Mass., with whom Michael J. Keefe and The McLaughlin Brothers, Boston, Mass., were on brief, for defendant, appellant. Page 32 Daniel I. […]

Byron A. CROWE, Plaintiff, Appellee, v. J.P. BOLDUC, Defendant, Appellant. No. 03-2356.United States Court of Appeals, First Circuit.Heard February 5, 2004. Decided April 22, 2004. Appeal from the United States District Court for the District of Maine, David M. Cohen, United States Magistrate Judge. Page 87 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

UNITED STATES of America, Appellee/Cross-Appellant, v. Michael J. D’AMICO, Defendant, Appellant/Cross-Appellee. Nos. 05-1468, 05-1573.United States Court of Appeals, First Circuit.Heard December 6, 2006. Decided August 7, 2007. Appeal from the United States District Court for the District of Massachusetts, Rya W. Zobel, J. Page 96 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

UNITED STATES OF AMERICA, APPELLEE, v. ANTHONY G. FORGIONE, DEFENDANT, APPELLANT. No. 73-1202.United States Court of Appeals, First Circuit.Submitted October 29, 1973. Decided November 5, 1973. Certiorari Denied March 18, 1974. Page 365 Walter J. Hurley, Boston, Mass., on brief, for defendant, appellant. James N. Gabriel, U.S. Atty., and Lawrence P. Cohen, Asst. U.S. Atty., […]

SOTERIOS AND CATHARINE HANTZIS, PETITIONERS, APPELLEES, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, APPELLANT. No. 80-1140.United States Court of Appeals, First Circuit.Argued September 5, 1980. Decided January 7, 1981. As Amended January 28, 1981. James A. Riedy, Atty., Tax Div., Dept. of Justice, Washington, D.C., with whom M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews […]

HERMAN A. STUHL, PLAINTIFF-APPELLANT, v. G. JOSEPH TAURO ET AL., DEFENDANTS-APPELLEES. No. 72-1390.United States Court of Appeals, First Circuit.Heard March 7, 1973. Decided March 29, 1973. Robert W. Hagopian, Wrentham, Mass., for plaintiff-appellant. Lawrence T. Bench, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., and Walter H. Mayo, III, Asst. Atty. Gen., were […]

STATE FUEL CO. v. GULF OIL CORPORATION. No. 4443.United States Court of Appeals, First Circuit. January 18, 1950. Page 391 Edmund Burke, Boston, Mass. (Carl H. Amon, Jr., Boston, Mass., with him on the brief), for appellant. Frank B. Wallis, Boston, Mass. (Harris A. Reynolds, Robert J. Holmes, and Goodwin, Procter Hoar, Boston, Mass., with […]

DAWN DAIGLE, PLAINTIFF, APPELLANT, v. MAINE MEDICAL CENTER, INC., DEFENDANT, APPELLEE. No. 93-1470.United States Court of Appeals, First Circuit.Heard December 6, 1993. Decided January 31, 1994. Page 685 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 686 Christine M. Rockefeller, with whom […]

IN RE EDWARD ROLFE, ET AL., DEBTORS, APPELLANTS. Nos. 82-1952, 82-1953.United States Court of Appeals, First Circuit.Argued May 2, 1983. Decided June 15, 1983. Melvin S. Hoffman, Boston, Mass., with whom Sherman H. Starr, Jr., and Barron Stadfeld, Boston, Mass., were on brief, for Edward Rolfe, et al. Page 2 Donald J. Kaiser, Jr., Quincy, […]

TALLULAH MORGAN, ET AL., PLAINTIFFS, APPELLEES, v. JOHN J. McDONOUGH, ET AL., DEFENDANTS, APPELLEES. BOSTON HOME AND SCHOOL ASSOCIATION, INTERVENOR, APPELLANT. No. 83-1155.United States Court of Appeals, First Circuit.Argued November 8, 1983. Decided January 30, 1984. Page 12 Thayer Fremont-Smith, Boston, Mass., with whom Michael Loucks, Choate, Hall Stewart, Wm. Shaw McDermott, and McDermott Rizzo, […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. 79.31 ACRES OF LAND, MORE OR LESS, SITUATED IN THE TOWNS OF TRURO, WELLFLEET AND EASTHAM, COUNTY OF BARNSTABLE, COMMONWEALTH OF MASSACHUSETTS, ET AL., DEFENDANTS, APPELLEES. ERNEST E. TESSON, ET AL., DEFENDANTS, APPELLANTS. No. 83-1006.United States Court of Appeals, First Circuit.Argued June 10, 1983. Decided September 15, 1983. […]

Frances C. KISSELL, Plaintiff, Appellant, v. WESTINGHOUSE ELECTRIC CORPORATION, ELEVATOR DIVISION, Defendant, Appellee. No. 6748.United States Court of Appeals, First Circuit. October 18, 1966. Page 376 Paul A.M. Hunt, Quincy, Mass., for appellant. Thomas H. Mahony, Boston, Mass., with whom Edward F. Mahony, Boston, Mass., was on brief, for appellee. Before ALDRICH, Chief Judge, McENTEE […]

COMMISSIONER OF INTERNAL REVENUE v. BATEMAN. No. 3718.Circuit Court of Appeals, First Circuit. April 7, 1942. Petition for Review of Decision of United States Board of Tax Appeals. Petition by the Commissioner of Internal Revenue to review a decision of the United States Board of Tax Appeals, 43 B.T.A. 69, redetermining a deficiency in the […]

Ronald JOHNSON, Petitioner, Appellee, v. Paul E. NORTON, Superintendent, Respondent, Appellant. No. 00-2110.United States Court of Appeals, First Circuit.Heard February 5, 2001. Decided May 10, 2001. Appeal from the United States District Court for the District of Massachusetts, Douglas P. Woodlock, J. Page 21 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

FRANK B. WOODMAN, PLAINTIFF, APPELLANT, v. HAEMONETICS CORPORATION, DEFENDANT, APPELLEE. No. 94-1727.United States Court of Appeals, First Circuit.Heard December 5, 1994. Decided April 14, 1995. Page 1088 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1089 Stuart DeBard, Boston, MA, for appellant. […]

IN RE MAILMAN STEAM CARPET CLEANING CORP., DEBTOR. GARY R. LEBLANC, APPELLANT, v. RICHARD P. SALEM, TRUSTEE, ETC., APPELLEE. No. 99-1170.United States Court of Appeals, First Circuit.Heard September 13, 1999 Decided November 2, 1999. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [HON. EDWARD F. HARRINGTON, U.S. DISTRICT JUDGE]. Page 2 […]

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, PETITIONER, v. GENERAL DYNAMICS CORPORATION AND MARY GRAZIANO (WIDOW OF CHARLES GRAZIANO), RESPONDENTS. No. 82-1636.United States Court of Appeals, First Circuit.Argued February 4, 1983. Decided April 22, 1983. Page 563 Janet R. Dunlop, U.S. Dept. of Labor, Washington, D.C., with whom T. Timothy Ryan, […]

Carol WOJCIECHOWICZ, Individually and in Her Capacity as Executrix of the Estate of Alexander Wojciechowicz and on behalf of the Conjugal Partnership with Decedent Alexander Wojciechowicz; et al., Plaintiffs, Appellants, v. UNITED STATES, Defendant, Appellee. No. 08-2454.United States Court of Appeals, First Circuit.Heard June 4, 2009. Decided September 9, 2009. Page 58 [EDITORS’ NOTE: THIS […]

FEDERAL DEPOSIT INSURANCE CORPORATION, ETC., PLAINTIFF, APPELLEE, v. URBANIZADORA ALTOMAR, INC., ET AL., DEFENDANTS, APPELLANTS, ROBHIZ, INC., DEFENDANT, APPELLANT. FEDERAL DEPOSIT INSURANCE CORPORATION, ETC., PLAINTIFF, APPELLEE, v. URBANIZADORA ALTOMAR, INC., ET AL., DEFENDANTS, APPELLEES, JULIO A. AMOEDO, DEFENDANT, APPELLANT. Nos. 90-2055, 90-2056.United States Court of Appeals, First Circuit.Heard March 6, 1991. Decided July 24, 1991. […]

UNITED STATES OF AMERICA, APPELLEE, v. ARTHUR W. RUMNEY, DEFENDANT, APPELLANT. No. 88-1641.United States Court of Appeals, First Circuit.Heard November 2, 1988. Decided February 8, 1989. Page 715 Paul J. Garrity, by Appointment of the Court, with whom Schapira Professional Association, Manchester, N.H., was on brief, for appellant. David A. Vicinanzo, Asst. U.S. Atty., with […]

UNITED STATES of America, Appellee, v. FAZAL-UR-RAHEMAN-FAZAL a/k/a Fazal Raheman, Defendant, Appellant. No. 02-2215.United States Court of Appeals, First Circuit.Heard July 28, 2003. Decided January 21, 2004. Appeal from the United States District Court for the District of Massachusetts, Patti B. Saris, J. Page 41 Robert Osuna, with whom Law Office of Robert Osuna, P.C. […]

AMERICAN CAST IRON PIPE CO. v. AMERICAN R. CO. OF PORTO RICO. No. 3067.Circuit Court of Appeals, First Circuit. December 10, 1936. Page 251 Appeal from the District Court of the United States for the District of Puerto Rico; Robert A. Cooper, Judge. Action at law by American Cast Iron Pipe Company against the American […]

UNITED STATES of America, Plaintiff, Appellee, v. Commonwealth of PUERTO RICO, et al., Defendants, Appellants. No. 01-2124.United States Court of Appeals, First Circuit.Heard March 5, 2002. Decided April 24, 2002. Appeal from the United States District Court for the District of Puerto Rico, Hector M. Laffitte, J., 144 F.Supp.2d 46. Page 213 Roberto J. Sánchez-Ramos, […]

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. FIDEL R. TUTIVEN, DEFENDANT, APPELLANT. No. 94-1209.United States Court of Appeals, First Circuit.Argued August 1, 1994. Decided November 14, 1994. Page 2 Peter B. Krupp, Boston, MA, for appellant. Timothy Q. Feeley, Asst. U.S. Atty., with whom Donald K. Stern, U.S. Atty., Boston, MA, was on brief, for appellee. […]

In re BOSTON REGIONAL MEDICAL CENTER, INC., Debtor, Appellant, v. Commonwealth of MASSACHUSETTS DIVISION OF HEALTH CARE FINANCE AND POLICY, Appellee. No. 03-1527.United States Court of Appeals, First Circuit.Heard October 9, 2003. Decided April 14, 2004. Appeal from the United States Bankruptcy Court for the District of Massachusetts, Carol J. Kenner, J. Page 52 [EDITORS’ […]

UNITED STATES OF AMERICA, APPELLEE, v. JAMES J. PRATT, APPELLANT, DEFENDANT. No. 80-1048.United States Court of Appeals, First Circuit.Argued March 2, 1981. Decided April 8, 1981. Dennis M. Duggan, Jr., Boston, Mass., with whom David S. Mortensen, Boston, Mass., by appointment of the court, and Hale Door, Boston, Mass., were on brief, for appellant, defendant. […]

FOSTER MACH. CO. v. UNIVERSAL WINDING CO. No. 3214.Circuit Court of Appeals, First Circuit. June 1, 1937. Appeal from the District Court of the United States for the District of Massachusetts; Hugh D. McLellan, Judge. In Equity. Patent infringement suit by the Universal Winding Company against the Foster Machine Company. From a decree Page 473 […]

Ramon M. GREENBERG et al., Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. No. 6751.United States Court of Appeals, First Circuit.Heard September 12, 1966. Decided October 25, 1966. Ramon M. Greenberg, pro se. Jonathan S. Cohen, Attorney, Department of Justice, with whom Mitchell Rogovin, Asst. Atty. Gen., and Meyer Rothwacks, Attorney, Department of Justice, were on […]

GEORGE A. FULLER COMPANY OF P.R., INC., Appellant, v. Enrique Jimenez MATTA, Trustee, Appellee. [In the Matter of International Mechanical Engineers and Constructors of Puerto Rico, Inc., Debtor] No. 6763.United States Court of Appeals, First Circuit. January 6, 1967. Page 680 Victor House, Wallace Gonzalez Oliver, Francis Gonzalez Oliver and Gonzalez, Jr., Gonzalez Oliver Novak, […]

In re LA PROVIDENCIA DEVELOPMENT CORPORATION et al., Petitioners. No. 7244 Original.United States Court of Appeals, First Circuit. January 20, 1969. Edelmiro Salas Garcia, Rio Piedras, P.R., and Aurelio Roque Delgado, San Juan, P.R., on memorandum in support of the petition. Juan F. Doval, San Juan, P.R., Seymour M. Waldman, New York City, Baragano, Trias, […]

MAINE POTATO GROWERS, INC., PETITIONER, v. EARL L. BUTZ, SECRETARY OF AGRICULTURE AND THE UNITED STATES, RESPONDENTS. No. 75-1445.United States Court of Appeals, First Circuit.Argued April 5, 1976. Decided July 30, 1976. Page 519 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

NATICK PAPERBOARD CORP. AND CROWN PAPERBOARD CO., INC., PLAINTIFFS, APPELLANTS, v. CASPAR W. WEINBERGER, SECRETARY OF HEALTH, EDUCATION AND WELFARE, AND ALEXANDER M. SCHMIDT, COMMISSIONER OF FOOD AND DRUGS, DEFENDANTS, APPELLEES. No. 74-1035.United States Court of Appeals, First Circuit.Heard May 6, 1974. Decided June 3, 1974. Robert J. DeGiacomo, Washington, D.C., with whom Endicott Peabody, […]

IN RE GRAND JURY, APPELLEE, v. DOUGLAS GASSIRARO, APPELLANT. No. 90-1988.United States Court of Appeals, First Circuit.Submitted November 1, 1990. Decided November 15, 1990. Page 1014 Robert L. Sheketoff and Zalkind, Sheketoff, Wilson, Homan, Rodriguez Lunt on brief, for appellant. Wayne A. Budd, U.S. Atty., and James D. Herbert, Asst. U.S. Atty., on brief, for […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GARLAND CORPORATION, Respondent. No. 7054.United States Court of Appeals, First Circuit. June 28, 1968. Peter M. Giesey, Atty., Washington, D.C., with whom Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Allison W. Brown, Jr., and Herbert Fishgold, Attys., National Labor Relations […]

MIGUEL CORTE-REAL, PLAINTIFF, APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. No. 91-1309.United States Court of Appeals, First Circuit.Heard September 6, 1991. Decided October 2, 1991. Maria Medeiros Wall, with whom Stephen M. Rappoport and Rappoport, Audette, Bazar Farley, were on brief, East Providence, R.I., for plaintiff, appellant. Annette Forde, Asst. U.S. Atty., with whom […]

MARGARET C. JACOB, ETC., PLAINTIFF, APPELLANT, v. GREGORY CURT, DEFENDANT, APPELLEE. No. 89-1992.United States Court of Appeals, First Circuit.Heard March 7, 1990. Decided March 27, 1990. Michael F. Burns, with whom Bigos, Burns Partington were on brief for plaintiff, appellant. Ira C. Lupu, Atty., Appellate Staff Civ. Div., with whom Stuart M. Gerson, Asst. Atty. […]

UNITED STATES of America, Appellant, v. William DOUGLAS, Defendant, Appellee. No. 10-2341.United States Court of Appeals, First Circuit.Heard May 18, 2011. Decided May 31, 2011. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, J. Page 40 Margaret D. McGaughey, Appellate Chief, with whom Thomas E. Delahanty II, United […]

VERIZON NEW ENGLAND, INC., Plaintiff, Appellant, v. MAINE PUBLIC UTILITIES COMMISSION; Stephen L. Diamond, in his official capacity as Commissioner of the Maine Public Utilities Commission; Sharon M. Reishus, in her official capacity as Commissioner of the Maine Public Utilities Commission; Kurt W. Adams, in his official capacity as Commissioner of the Maine Public Utilities […]

UNITED STATES, APPELLEE, v. OLADIPO SALIMONU, DEFENDANT, APPELLANT. No. 97-1557United States Court of Appeals, First Circuit.Heard March 2, 1999. Decided July 7, 1999. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS, [Hon. Mark L. Wolf, U.S. District Judge]. Page 64 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

MARIA TERESA PRADO, PETITIONER, v. JANET RENO, ATTORNEY GENERAL OF THE UNITED STATES, RESPONDENT. No. 99-1297United States Court of Appeals, First Circuit.Heard November 1, 1999 Decided December 8, 1999 PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Page 287 Patrick D. O’Neill, with whom Martinez, Odell Calabria was on brief, for […]

Theodore GREEN, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee. No. 5345.United States Court of Appeals, First Circuit. June 13, 1958. Theodore Green, pro se. Charles F. Barrett, Asst. U.S. Atty., Boston, Mass., with whom Anthony Julian, U.S. Atty., and William J. Koen, Asst. U.S. Atty., Boston, Mass., were on brief, for appellee. Before […]

TALLULAH MORGAN ET AL., PLAINTIFFS, APPELLEES, v. JOHN J. McDONOUGH ET AL., DEFENDANTS, APPELLANTS. Nos. 76-1121, 76-1239 and 76-1426.United States Court of Appeals, First Circuit.Argued November 2, 1976. Decided January 26, 1977. Francis J. DiMento, Boston, Mass., with whom James J. Sullivan, Jr., Philip T. Tierney, and DiMento Sullivan, Boston, Mass., were on brief, for […]

DAVID PONCE, PLAINTIFF, APPELLEE, v. BASKETBALL FEDERATION OF THE COMMONWEALTH OF PUERTO RICO, ET AL., DEFENDANTS, APPELLANTS. No. 84-1705.United States Court of Appeals, First Circuit.Argued February 5, 1985. Decided May 1, 1985. Page 376 Marcos A. Ramirez, Hato Rey, P.R., with whom Marcos A. Ramirez Lavandero, Hato Rey, P.R., was on brief, for defendants, appellants. […]

UNITED STATES of America, Appellee, v. Epifanio MATOS-LUCHI, Manolo Soto-Pérez, Ramón Carrasco-Carrasco, Defendants, Appellants. Nos. 08-2289, 08-2290, 08-2291.United States Court of Appeals, First Circuit.Heard May 6, 2010. Decided December 1, 2010. Page 1 Appeal from the United States District Court for the District of Puerto Rico, José Antonio Fusté, J. Ricardo R. Morel for appellants. […]