Category: First Circuit Court of Appeals Opinions

Diana RAMÍREZ and Humberto Ramírez, Plaintiffs, Appellants, v. Natalio DEBS-ELÍAS, M.D., Defendant, Appellee. No. 03-1516.United States Court of Appeals, First Circuit.Heard December 6, 2004. Decided May 12, 2005. Appeal from the United States District Court for the District of Puerto Rico, Jay A. Garcia-Gregory, J. Page 445 Robert A. Rosenblatt, with whom Francisco López-Romo, were […]

Mildred MARTÍNEZ-SERRANO and Elizabeth Martínez-Serrano, Plaintiffs, Appellants, v. QUALITY HEALTH SERVICES OF PUERTO RICO, INC., d/b/a Hospital San Cristóbal, Defendant, Appellee. No. 08-1127.United States Court of Appeals, First Circuit.Heard March 4, 2009. Decided June 8, 2009. Appeal from the United States District Court for the District of Puerto Rico, Jaime Pieras, Jr., J. Page 279 […]

MARY PAT KING, PLAINTIFF, APPELLEE, v. NEW HAMPSHIRE DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT ET AL., DEFENDANTS, APPELLANTS. MARY PAT KING, PLAINTIFF, APPELLANT, v. NEW HAMPSHIRE DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT ET AL., DEFENDANTS, APPELLEES. Nos. 76-1495 and 76-1506.United States Court of Appeals, First Circuit.Heard April 4, 1977. Decided September 1, 1977. Page 81 […]

UNITED STATES OF AMERICA, APPELLEE, v. CARLOS ZENON, VIEQUES FISHERMEN’S ASSOCIATION AND OTHER UNIDENTIFIED PERSONS, DEFENDANTS, APPELLANTS. No. 80-1826.United States Court of Appeals, First Circuit.Argued June 6, 1983. Decided July 21, 1983. Page 477 Judith Berkan, Hato Rey, P.R., with whom Pedro J. Saade Llorens, Hato Rey, P.R., was on brief, for defendants, appellants. Francisco […]

ESTATE OF Noordin M. CHARANIA et al., Petitioners, Appellants, v. Douglas L. SHULMAN, Commissioner of Internal Revenue Service, Respondent, Appellee. No. 09-2430.United States Court of Appeals, First Circuit.Heard May 5, 2010. Decided June 17, 2010. Appeal from the United States Tax Court, Mary Ann Cohen, J., 2009 WL 2924091. Page 68 William F. Sheehan, with […]

UNITED STATES of America, Appellee, v. Joseph McCARTHY, Defendant, Appellant. No. 7633.United States Court of Appeals, First Circuit. November 6, 1970. Joseph McCarthy on the brief, pro se. David A. Brock, U.S. Atty., and William B. Cullimore, Asst. U.S. Atty., on the brief for appellee. Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges. McENTEE, […]

WEST et al. v. PREMIER REGISTER TABLE CO. No. 2195.Circuit Court of Appeals, First Circuit. July 30, 1928. Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Suit by the Premier Register Table Company against James West and others. From an interlocutory decree for plaintiff (21 […]

THIRD NATIONAL BANK TRUST COMPANY OF SPRINGFIELD et al., Executors, v. Thomas W. WHITE, Collector. No. 2674.Circuit Court of Appeals, First Circuit. April 20, 1932. Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Judge. Harold P. Small, of Springfield, Mass., for appellants. Page 1086 J. Duke […]

UNITED STATES OF AMERICA, APPELLANT, v. LAWRENCE FRANCIS McBRIDE, DEFENDANT, APPELLEE. No. 77-1047.United States Court of Appeals, First Circuit.Argued March 8, 1977. Decided June 20, 1977. William A. Brown, Asst. U.S. Atty., Chief Civ. Div., Boston, Mass., with whom James N. Gabriel, U.S. Atty., Boston, Mass., was on brief, for appellant. Mark S. Clark, Boston, […]

HEISSON v. DICKINSON. No. 2355.Circuit Court of Appeals, First Circuit. October 28, 1929. Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Action by Arvid Heisson against Charles T. Dickinson. Judgment for defendant, and plaintiff appeals. Reversed and remanded. J. Alfred Anderson, of New York City, […]

FERRO CONCRETE CONST. CO. v. UNITED STATES for Use and Benefit of LUCHINI et al. No. 3500.Circuit Court of Appeals, First Circuit. June 4, 1940. Page 489 Appeal from the District Court of the United States for the District of Rhode Island; John C. Mahoney, Judge. Action by the United States of America, for the […]

BAKER et al. v. UNITED STATES et al. No. 2215.Circuit Court of Appeals, First Circuit. July 30, 1928. Appeal from the District Court of the United States for the District of Porto Rico; Emilio Del Toro, Judge. Suit by the United States against Virgil Baker and others to cancel a lease, in which the People […]

Arthur HARVEY, Plaintiff, Appellant, v. Mike JOHANNS, Secretary of Agriculture, Defendant, Appellee. No. 06-2738.United States Court of Appeals, First Circuit.Heard June 5, 2007. Decided July 24, 2007. Appeal from the District Court, 462 F.Supp.2d 69, D. Brock Hornby, J. Page 238 Paula Dinerstein, with whom Public Employees for Environmental Responsibility was on brief, for appellant. […]

UNITED STATES of America, Appellee, v. Kellnum LANDRAU-LÓPEZ, Defendant, Appellant. No. 05-1299.United States Court of Appeals, First Circuit.Heard February 7, 2006. Decided April 6, 2006. Appeal from the United States District Court for the District of Puerto Rico, Juan M. Perez-Gimenez, J. Page 20 Mark L. Stevens, with whom Law Office of Mark Stevens was […]

PROGRESSIVE CONSUMERS FEDERAL CREDIT UNION, Plaintiff, Appellant, v. UNITED STATES OF AMERICA, Defendant, Appellee. No. 95-1712United States Court of Appeals, First Circuit.Heard November 7, 1995 Decided March 19, 1996 Page 1229 Stephen M. Sheehy, with whom Kaye, Fialkow, Richmond Rothstein were on brief, Boston, MA, for appellant. Kevin M. Brown, Attorney, with whom Donald K. […]

UNITED STATES OF AMERICA, APPELLEE, v. ROBERT DALL, DEFENDANT-APPELLANT. No. 79-1198.United States Court of Appeals, First Circuit.Argued September 11, 1979. Decided November 13, 1979. Page 911 Francis M. Jackson, III, South Portland, Me., by appointment of the Court, with whom Nisbet, MacNichol Ludwig, South Portland, Me., was on brief, for defendant-appellant. Margaret D. McGaughey, Asst. […]

Francis WRIGHT, Libelant, Appellant, v. MARYLAND BOAT LINE, INC., Claimant, Appellee. Barry PORTNOY, etc., Libelant, Appellant, v. TOLCHESTER LINES, INC., Claimant, Appellee. Nos. 6415, 6416.United States Court of Appeals, First Circuit. October 26, 1965. W. Channing Beucler, Boston, Mass., with whom DiMento Sullivan, Boston, Mass., was on brief for appellant in No. 6415. George Broomfield, […]

JOHN F. TUPPER, ET AL., PLAINTIFFS-APPELLANTS, v. UNITED STATES OF AMERICA, DEFENDANT-APPELLEE. No. 97-1587.United States Court of Appeals, First Circuit.Heard October 10, 1997. Decided January 12, 1998. Page 445 Lawrence H. Lissitzyn, with whom Reid and Riege, P.C., Susan E. Stenger and Perkins, Smith Cohen, LLP were on brief for appellants. Robert W. Metzler, Attorney, […]

EXECUTIVE LEASING CORPORATION, ET AL., APPELLANTS, v. BANCO POPULAR DE PUERTO RICO, ET AL., APPELLEES. No. 94-1877.United States Court of Appeals, First Circuit.Heard December 9, 1994. Decided February 27, 1995. Page 67 Harold D. Vicente, with whom Vicente Cuebas were on brief for appellants. Nestor Duran-Gonzalez, with whom Jaime E. Toro-Monserrate and McConnell Valdez were […]

Leoncio PAGAN CANCEL, Movant, v. Gerardo DELGADO, Warden of the Commonwealth Penitentiary of Puerto Rico, Movee. Misc. No. 297.United States Court of Appeals, First Circuit. March 20, 1969. Page 1019 Santos P. Amadeo, San Juan, P.R., on motion for leave to file. Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges. PER CURIAM. Having rejected […]

UNITED STATES OF AMERICA, APPELLEE, v. RAMIRO VARGAS, DEFENDANT, APPELLANT. No. 90-1916.United States Court of Appeals, First Circuit.Heard April 2, 1991. Decided September 25, 1991. Francis R. Williams, Providence, R.I., for appellant. Margaret E. Curran, Asst. U.S. Atty., Providence, R.I., with whom Craig N. Moore, Asst. U.S. Atty. and Lincoln C. Almond, U.S. Atty., were […]

UNITED STATES, APPELLEE, v. RAUL CASIANO FIGUEROA, DEFENDANT, APPELLANT. No. 86-1928.United States Court of Appeals, First Circuit.Submitted May 8, 1987. Decided September 16, 1987. Raul Casiano Figueroa, pro se. Robert S. Mueller, U.S. Atty., and Victor A. Wild, Asst. U.S. Atty., Boston, Mass., on brief, for appellee. Appeal from the United States District Court for […]

MABEL SPRAGUE (WIDOW OF FREDERICK SPRAGUE), CLAIMANT-PETITIONER, v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, RESPONDENT AND BATH IRON WORKS CORPORATION, RESPONDENT AND COMMERCIAL UNION INSURANCE COMPANY, RESPONDENT. No. 81-1520.United States Court of Appeals, First Circuit.Argued June 2, 1982. Decided September 24, 1982. Page 863 Patrick N. McTeague, Brunswick, Maine, with […]

CARIBBEAN INSURANCE SERVICES, INC., PLAINTIFF, APPELLANT, v. AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA, DEFENDANT, APPELLEE. CARIBBEAN INSURANCE SERVICES, INC., PLAINTIFF, APPELLEE, v. AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA, DEFENDANT, APPELLANT. Nos. 84-1491, 84-1552.United States Court of Appeals, First Circuit.Argued November 5, 1984. Decided January 16, 1985. As Amended February 22, 1985. Rehearing Denied […]

UNITED STATES of America, Appellee, v. Jonathan MOORE, Defendant, Appellant. No. 01-2307.United States Court of Appeals, First Circuit.Submitted March 18, 2002. Decided April 12, 2002. Appeal from the United States District Court for the District of Massachusetts, George A. O’Toole, J. Page 48 E. Peter Parker on brief for appellant. Michael J. Sullivan, United States […]

SHLOMO DANIEL TOREN, PLAINTIFF-APPELLANT, v. RACHAEL ELISABETH TOREN, DEFENDANT-APPELLEE. No. 98-2332United States Court of Appeals, First Circuit.Heard June 9, 1999. Decided September 8, 1999. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. George A. O’Toole, Jr., U.S. District Judge] Page 24 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

Faustina DÁVILA-ÁLVAREZ; Ramón Fernández-Ramírez; Rosa Álvarez-Oquendo; Rafael Hernández, Plaintiffs, Appellants, v. ESCUELA DE MEDICINA UNIVERSIDAD CENTRAL DEL CARIBE; Hospital Universitario Dr. Ramón Ruiz Arnau (Hospital Regional De Bayamón); Estado Libre Asociado De Puerto Rico; Municipio De Bayamón; Departamento De Salud Estatal; Dr. Edmée Soltero, First Physician; Dr. Ramón Monge, Second Physician, Defendants, Appellees, v. Surgical […]

ALLISON “POOKIE” FORTIN ET AL., PLAINTIFFS-APPELLANTS, v. DARLINGTON LITTLE LEAGUE, INC., ETC., ET AL., DEFENDANTS-APPELLEES. No. 74-1216.United States Court of Appeals, First Circuit.Argued October 9, 1974. Decided March 31, 1975. Page 345 Stephen J. Fortunato, Pawtucket, R. I., with whom McKinnon Fortunato, Pawtucket, R. I., was on brief, for Allison “Pookie” Fortin and Robert Fortin, […]

BARBARA COSKA, PLAINTIFF, APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. No. 96-2245.United States Court of Appeals, First Circuit. May 29, 1997. Page 320 Appeal from the United States District Court for the District of Massachusetts, Hon. Douglas P. Woodlock, U.S. District Judge Before: Torruella, Chief Judge, Bownes, Senior Circuit Judge, and Lynch, Circuit Judge. […]

PUERTO RICO FOOD PRODUCTS CORP., TRADEWINDS FOOD, INC., AND ISLAND CAN CORP., PETITIONERS, v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT. No. 79-1407.United States Court of Appeals, First Circuit.Argued January 7, 1980. Decided May 1, 1980. Page 154 William Lespier, Hato Rey, P. R., with whom Angel Munoz Noya and Lespier Toro, Hato Rey, P. R., were […]

KENDALL CO. v. TETLEY TEA CO., Inc. No. 4547.United States Court of Appeals, First Circuit. June 1, 1951. Hector M. Holmes, Boston, Mass. (H.L. Kirkpatrick, Edgar H. Kent and Fish, Richardson Neave, all of Boston, Mass., on brief), for appellant. T. Clay Lindsey, Hartford, Conn. (George P. Dike, Boston, Mass., on brief), for appellee. Before […]

EDMUND R. PITTS, PLAINTIFF-APPELLANT, v. UNITED STATES OF AMERICA ET AL., DEFENDANTS-APPELLEES. No. 78-1567.United States Court of Appeals, First Circuit.Argued April 12, 1979. Decided June 20, 1979. Page 1104 Edmund M. Pitts, Boston, Mass., pro se. Patrick A. Fayle, Atty., U.S. Dept. of Justice, Washington, D.C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Washington, […]

DWINELL-WRIGHT CO. v. NATIONAL FRUIT PRODUCT CO., INC. No. 3773.Circuit Court of Appeals, First Circuit. July 16, 1942. Page 849 Appeal from the District Court of the United States for the District of Massachusetts; Francis J.W. Ford, Judge. Trade-mark infringement action by the National Fruit Product Company, Incorporated, against Dwinell-Wright Company, wherein defendant filed a […]

MASSACHUSETTS PROTECTIVE ASS’N, Inc., v. UNITED STATES. No. 3416.Circuit Court of Appeals, First Circuit. August 6, 1940. Page 305 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 306 Appeal from the District Court of the United States for the District of Massachusetts; […]

UNITED STATES OF AMERICA, APPELLEE, v. EFRAIN NUNEZ, DEFENDANT, APPELLANT. No. 92-2356.United States Court of Appeals, First Circuit.Heard August 3, 1993. Decided March 24, 1994. Thomas R. Lincoln, with whom Law Offices of Thomas R. Lincoln, San Juan, PR, was on brief, for appellant. Esther Castro-Schmidt, Asst. U.S. Atty., with whom Charles E. Fitzwilliam, U.S. […]

LOWELL P. McKINNEY, PLAINTIFF, APPELLANT, v. WATERMAN STEAMSHIP CORPORATION, DEFENDANT, APPELLEE. No. 90-1622.United States Court of Appeals, First Circuit.Heard December 3, 1990. Decided January 30, 1991. Page 2 Joseph M. Orlando with whom David C. Nunheimer and Orlando Associates were on brief, for plaintiff, appellant. Frank H. Handy, Jr., with whom Richard B. Kydd and […]

BODELL v. COMMISSIONER OF INTERNAL REVENUE. No. 3841.Circuit Court of Appeals, First Circuit. November 3, 1943. Page 554 Petition for Review of Board of Tax Appeals (now Tax Court of the United States). Petition by Joseph J. Bodell, executor, to review a decision of the Board of Tax Appeals, 47 B.T.A. 62, redetermining a deficiency […]

UNITED STATES, Appellee, v. Trent MANNING, Defendant, Appellant. No. 95-1199United States Court of Appeals, First Circuit.Heard November 9, 1995 Decided March 21, 1996 Page 213 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 214 Robert B. Mann with whom Mann Mitchell was […]

STATE OF MAINE, Plaintiff, Appellee, v. UNITED STATES DEPARTMENT OF THE INTERIOR, United States Geological Survey, United States Fish and Wildlife Service, United States Department of Commerce, and National Marine Fisheries Service, Defendants, Appellants. No. 01-1234.United States Court of Appeals, First Circuit.Heard December 6, 2001. Decided July 30, 2002. Appeal from the United States District […]

Laureeta D. STEVENS, Plaintiff, Appellant, v. CONSOLIDATED MUTUAL INSURANCE COMPANY, Defendant, Appellee. CONSOLIDATED MUTUAL INSURANCE COMPANY, Defendant, Appellant, v. Laureeta D. STEVENS, Plaintiff, Appellee. Nos. 6446, 6454.United States Court of Appeals, First Circuit. November 3, 1965. Page 42 Harvey B. Nachman, San Juan, P.R., with whom Nachman Feldstein, San Juan, P.R., was on brief, for […]

ROBERT GRIFFITH, ET AL., PLAINTIFFS, APPELLANTS, v. LOUIS M. SULLIVAN, M.D., SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLEE. No. 92-2079.United States Court of Appeals, First Circuit.Heard January 7, 1993. Decided March 2, 1993. Page 26 Sarah F. Anderson, Greater Boston Legal Services, with whom Diane F. Paulson, Massachusetts Medicare Advocacy Project, Greater Boston Elderly […]

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BOSTON ET AL., PLAINTIFFS, APPELLEES, v. CAROL S. GREENWALD, ETC., DEFENDANT, APPELLANT. No. 78-1155.United States Court of Appeals, First Circuit.Argued September 6, 1978. Decided February 5, 1979. Page 418 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

SANCHEZ MORALES CO., Inc., v. GALLARDO. PORTO RICO AUTOMOBILE CO., Inc., v. SAME. Nos. 2003, 2004.Circuit Court of Appeals, First Circuit. April 11, 1927. Appeals from the District Court of the United States for the District of Porto Rico; Ira K. Wiels, Judge. Suits by Sanchez Morales Company, Inc., and the Porto Rico Automobile Company, […]

Paul S. GIRAGOSIAN, Plaintiff, Appellant, v. Frederick RYAN and Town of Arlington, MA, Defendants, Appellees. No. 08-1067.United States Court of Appeals, First Circuit.Heard September 10, 2008. Decided November 10, 2008. Appeal from the United States District Court for the District of Massachusetts, Patti B. Saris, J. Page 60 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

ROGER F. ALEXANDER, ETC., ET AL., PETITIONERS, v. IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT. Nos. 92-1735, 95-1558.United States Court of Appeals, First Circuit.Heard November 8, 1995. Decided January 31, 1996. Page 368 Michael G. Hillinger with whom William A. Maganiello, Gloucester, MA, was on briefs for petitioners. Carl H. McIntyre, Jr., Office of Immigration Litigation, Civil […]

UNITED STATES OF AMERICA, APPELLEE, v. EFRAIM NATANEL A/K/A EFRIAM NATANEL, DEFENDANT, APPELLANT. No. 89-1953.United States Court of Appeals, First Circuit.Heard April 4, 1991. Decided July 9, 1991. Page 303 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 304 [EDITORS’ NOTE: THIS […]

GOODFRIEND WESTERN CORP., D/B/A WRANGLER WRANCH, PLAINTIFF-APPELLEE, v. ROBERT S. FUCHS, ETC., ET AL., DEFENDANTS-APPELLANTS. No. 76-1116.United States Court of Appeals, First Circuit.Argued April 6, 1976. Decided May 6, 1976. Page 146 Abigail Cooley, Asst. Gen. Counsel for Special Litigation, Washington, D.C., with whom John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy […]

MARCAL PAPER MILLS, INC., PLAINTIFF, APPELLANT, v. MARVIN W. EWING, DIRECTOR OF BUREAU OF STANDARDS, MAINE DEPARTMENT OF LABOR, DEFENDANT, APPELLEE. No. 85-1789.United States Court of Appeals, First Circuit.Argued February 3, 1986. Decided May 9, 1986. Richard G. Moon with whom Linda D. McGill, John H. Rich III, and Perkins, Thompson, Hinckley Keddy, Portland, Me., […]

CROOKER v. SECURITIES AND EXCHANGE COMMISSION et al. No. 4261.Circuit Court of Appeals, First Circuit. May 23, 1947. Page 945 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 946 Petition for Review of an Order of the S.E.C. Petition by Conrad W. […]

KEVIN MONAHAN, PLAINTIFF, APPELLANT, v. DORCHESTER COUNSELING CENTER, INC., ET AL., DEFENDANTS, APPELLEES. No. 91-1844.United States Court of Appeals, First Circuit.Heard January 8, 1991. Decided April 15, 1992. Page 988 Robert G. Flanders, Jr., with whom Neal J. McNamara, and Flanders Medeiros Inc., Providence, R.I., were on brief for plaintiff, appellant. Robert D. Fleischner and […]

COUNCIL FOR EMPLOYMENT AND ECONOMIC ENERGY USE, PETITIONER, v. FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, RESPONDENTS. MAINE CITIZENS FOR RETURNABLE CONTAINERS, ET AL., INTERVENORS. No. 77-1371.United States Court of Appeals, First Circuit.Argued March 6, 1978. Decided May 4, 1978. Page 312 Sanford A. Kowal, Boston, Mass., with whom Sallop, Kowal Davis, Associates, Boston, […]

UNITED STATES OF AMERICA, APPELLEE, v. HUBERT MICHAUD, DEFENDANT, APPELLANT. No. 90-1877.United States Court of Appeals, First Circuit.Heard January 11, 1991. Decided February 13, 1991. Page 38 Rudolph L. Celli, Jr., for appellant. Karen Quesnel, Tax Div., Dept. of Justice, with whom Shirley D. Peterson, Asst. Atty. Gen., Jeffrey R. Howard, U.S. Atty., Robert E. […]

ESTATE OF ELIZABETH G. HUNTINGTON, DECEASED, NANCY H. BRUNSON, ADMINISTRATRIX, PETITIONER, APPELLANT, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, APPELLEE. No. 93-1602.United States Court of Appeals, First Circuit.Heard December 6, 1993. Decided February 23, 1994. Rehearing Denied March 17, 1994. Page 463 Michael E. Chubrich, Portsmouth, NH, for appellant. Annette M. Wietecha, with whom Gary R. […]

Arthur T. WASSERMAN, Appellant, v. Timothy J. DRISCOLL, Receiver, Appellee. No. 5645.United States Court of Appeals, First Circuit.Heard June 7, 1960. Decided September 22, 1960. Page 503 Arthur T. Wasserman, Boston, Mass., with whom Louis J. Shrair, Julius Thannhauser and Wasserman Salter, Boston, Mass., were on the brief, for appellant. Lawrence E. Cooke, Boston, Mass., […]

UNITED STATES of America, Plaintiff, Appellee, v. REAL PROPERTY, BUILDINGS, APPURTENANCES AND IMPROVEMENTS LOCATED AT 221 DANA AVENUE, HYDE PARK, MASSACHUSETTS, Defendant, Appellant, and Kathleen Gass, Claimant, Appellant. No. 00-1665.United States Court of Appeals, First Circuit.Heard December 6, 2000. Decided February 6, 2001. Appeal from the United States District Court for the District of Massachusetts, […]

UNITED STATES, APPELLEE, v. AMERICO OLIVO-INFANTE, DEFENDANT, APPELLANT. UNITED STATES, APPELLEE, v. JOSE GONZALEZ, DEFENDANT, APPELLANT. Nos. 90-1196, 90-1197.United States Court of Appeals, First Circuit.Heard March 7, 1991. Decided June 7, 1991. Page 1407 Lawrence Rizman, Boston, Mass., for defendant, appellant Olivo-Infante. Arthur R. Silen, with whom Serra, Jordan and Carbone, were on brief, Boston, […]

Anton VAN CEDARFIELD et al., Defendants, Appellants, v. Arthur LAROCHE, Plaintiff, Appellee. Anton VAN CEDARFIELD et al., v. Arthur LAROCHE, Administrator, Plaintiff, Appellee. Anton VAN CEDARFIELD et al., v. Doria LAROCHE, Plaintiff, Appellee. Nos. 5296-5298.United States Court of Appeals, First Circuit. March 4, 1958. Page 818 Shane Devine, Manchester, N.H., with whom Devine Millimet, Manchester, […]

IN THE MATTER OF BOSTON AND MAINE CORPORATION, DEBTOR (4 CASES). APPEAL OF MAINE CENTRAL RAILROAD COMPANY. APPEAL OF CHESAPEAKE AND OHIO RAILWAY COMPANY ET AL. APPEAL OF TRAILER TRAIN COMPANY. APPEAL OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY ET AL. Nos. 78-1516 to 78-1519.United States Court of Appeals, First Circuit.Argued April 5, […]

UNITED STATES OF AMERICA, Appellee, v. PETER A. FILIPPI, Defendant, Appellant. No. 00-1071.United States Court of Appeals, First Circuit. May 2, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND, HON. ERNEST C. TORRES, U.S. DISTRICT JUDGE. Robert B. Mann, by appointment of the court, with whomMann Mitchell was on […]

UNITED STATES, Appellee, v. ISRAEL RODRIGUEZ, Defendant, Appellant. UNITED STATES, Appellee, v. JUAN M. SANIEL-CALZADA, Defendant, Appellant. UNITED STATES, Appellee, v. MANUEL RODRIGUEZ-SANTANA, Defendant, Appellant. Nos. 99-1030, 99-1031, 99-1032United States Court of Appeals, First Circuit. June 16, 2000 APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. José Antonio Fusté, […]

UNITED STATES OF AMERICA, APPELLEE, v. JOSEPH ALBERT PELLETIER, DEFENDANT, APPELLANT. No. 86-1759.United States Court of Appeals, First Circuit.Heard January 7, 1988. Decided May 5, 1988. Page 1127 Wendy P. Solovay with whom Newman Newman, P.C. were on brief for defendant, appellant. Margaret D. McGaughey, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., […]

CARPENTER et al. v. WHITE, Collector of Internal Revenue. PARKHILL MFG. CO. v. SAME. Nos. 3031, 3032.Circuit Court of Appeals, First Circuit. November 7, 1935. Appeals from the District Court of the United States for the District of Massachusetts; Hugh D. McLellan, Judge. Actions by Frank P. Carpenter and others, trustees of the Amoskeag Company, […]

DANIEL RAMOS RIOS, PLAINTIFF, v. EMPRESAS LINEAS MARITIMAS ARGENTINAS, ETC., DEFENDANT AND THIRD-PARTY PLAINTIFF-APPELLANT, v. FRED IMBERT, INC., THIRD-PARTY DEFENDANT-APPELLEE. No. 76-1397.United States Court of Appeals, First Circuit.Argued February 6, 1978. Decided May 15, 1978. Page 987 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

THE SAENGER ORGANIZATION, INC., PLAINTIFF, APPELLEE, v. NATIONWIDE INSURANCE LICENSING ASSOCIATES, INC., COMMONWEALTH LICENSING GROUP, AND LAWRENCE R. DURKIN, DEFENDANTS, APPELLANTS. No. 96-2197.United States Court of Appeals, First Circuit.Heard April 9, 1997 Decided July 18, 1997. Page 56 Ernest B. Murphy with whom Murphy O’Connell was on brief for appellants. David J. Byer with whom […]

BOSTON MAINE RAILROAD, Plaintiff, Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, Defendant, Appellee. No. 6222.United States Court of Appeals, First Circuit. March 31, 1964. Lawrence R. Cohen, Boston, Mass., with whom Newton H. Levee, Boston, Mass., was on brief, for appellant. Richard Wait, Boston, Mass., for appellee. Page 603 Before WOODBURY, Chief Judge, and […]

OSCAR ANDIARENA, PETITIONER, APPELLANT, v. UNITED STATES OF AMERICA, RESPONDENT, APPELLEE. No. 91-1943.United States Court of Appeals, First Circuit.Submitted January 28, 1992. Decided June 26, 1992. Page 716 Oscar Andiarena, on brief pro se. Richard S. Cohen, U.S. Atty. and F. Mark Terison, Asst. U.S. Atty., Portland, Me., on brief, for respondent, appellee. Appeal from […]

Helene OBOLENSKY, Plaintiff, Appellant, v. Raoul SALDANA SCHMIER, Defendant, Appellee. No. 7198.United States Court of Appeals, First Circuit. April 16, 1969. Page 53 Richard deY. Manning, New York City, on brief for appellant. Alex Gonzalez, San Juan, Puerto Rico, with whom Gonzalez Rodriguez, San Juan, Puerto Rico, was on brief, for appellee. Before ALDRICH, Chief […]

IN RE SAMUEL BOTTARI, A/K/A SANTO BOTTARI, APPELLANT. No. 71-1397.United States Court of Appeals, First Circuit.Heard January 5, 1972. Decided January 7, 1972. Page 371 Joseph J. Balliro, Boston, Mass., for appellant. Albert F. Cullen, Jr., Special Attorney, U.S. Department of Justice, with whom James N. Gabriel, U.S. Atty., and Edward F. Harrington, Special Atty., […]

GLENDA CAROLE DESENNE, PLAINTIFF, APPELLANT, v. JAMESTOWN BOAT YARD, INC., DEFENDANT, APPELLEE. No. 91-2325.United States Court of Appeals, First Circuit.Heard May 7, 1992. Decided July 6, 1992. Susan M. Carlin, Providence, R.I., for plaintiff, appellant. Amy Beretta with whom A. Lauriston Parks, Hanson, Curran, Parks Whitman, Providence, R.I., and Standard, Weisberg, Heckerling Rosow, P.C., New […]

NICHOLAS A. PALMIGIANO, APPELLANT, v. JOSEPH BAXTER ET AL., APPELLEES. No. 73-1088.United States Court of Appeals, First Circuit.Submitted September 30, 1974. Decided December 20, 1974. Certiorari Granted June 9, 1975. Page 535 Stephen J. Fortunato, Jr., Pawtucket, R. I., with whom McKinnon Fortunato, Pawtucket, R. I., and Ellen Katz, Sharon, Mass., were on brief, for […]

Charles N. WATSON, Jr., Plaintiff, Appellant, v. TRANS UNION LLC; New Cingular Wireless Services, Inc., Defendants, Appelles. Nos. 05-2289, 05-2360.United States Court of Appeals, First Circuit. March 1, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the United States District Court for the District of Maine, Gene Carter, […]

John CLAUSON, Plaintiff, Appellee/Cross-Appellant, v. NEW ENGLAND INSURANCE COMPANY, Defendant, Appellant/Cross-Appellee. Nos. 00-1543, 00-1568.United States Court of Appeals, First Circuit.Heard January 9, 2001. Decided June 22, 2001. Appeal from the United States District Court for the District of Rhode Island, Ernest C. Torres, J. Page 332 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. DAYLIGHT DAIRY PRODUCTS, INC., DEFENDANT, APPELLANT. No. 86-2141.United States Court of Appeals, First Circuit.Argued May 7, 1987. Decided June 29, 1987. Maurice M. Cahillane with whom Egan, Flanagan and Egan, P.C. was on brief, for defendant, appellant. Raymond W. Fullerton, Asst. Gen. Counsel, with whom Robert S. Mueller, […]

RAN CHOEUM, PETITIONER, v. IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT. Nos. 96-1446, 97-1552.United States Court of Appeals, First Circuit.Heard May 9, 1997 Decided July 2, 1997. Richelle S. Kennedy, Boston, MA, with whom Steven W. Hansen and Bingham, Dana Gould LLP were on brief, for petitioner. David V. Bernal, Senior Litigation Counsel, Office of Immigration Litigation, […]

UNITED STATES OF AMERICA, APPELLEE, v. HAROLD M. ROMANOW, DEFENDANT-APPELLANT. No. 74-1273.United States Court of Appeals, First Circuit.Submitted December 3, 1974. Decided January 3, 1975. Page 27 Peter J. Rubin, Jerome F. Goldberg, and Bernstein, Shur, Sawyer Nelson, Portland, Me., on brief, for appellant. Peter Mills, U.S. Atty. and Rufus E. Stetson, Jr., Asst. U.S. […]

UNITED STATES OF AMERICA, APPELLEE, v. MARSHALL COLLINS, III, APPELLANT. No. 75-1066.United States Court of Appeals, First Circuit.Argued September 8, 1975. Decided November 13, 1975. Andrew H. Good, Boston, Mass., by appointment of the Court, with whom Owens Brown, Boston, Mass., was on brief, for appellant. Lawrence P. Cohen, Asst. U.S. Atty., Deputy Chief, Crim. […]

GELPI v. TUGWELL, Governor. No. 3648.Circuit Court of Appeals, First Circuit. November 14, 1941. Appeal from the Supreme Court of Puerto Rico. Mandamus proceeding by Emma Victoria Gelpi against Rexford G. Tugwell, Governor of Puerto Rico, substituted defendant. From a judgment of the Supreme Court of Puerto Rico, affirming a judgment of the Chief Justice […]

UNITED STATES OF AMERICA, APPELLEE, v. ILARIO ZANNINO ET AL., DEFENDANTS, APPELLANTS. No. 72-1153.United States Court of Appeals, First Circuit.Heard September 12, 1972. Decided November 7, 1972. Page 1300 Joseph J. Balliro and Francis J. DiMento, Boston, Mass., with whom Dimento Sullivan, Balliro Woodrow, Boston, Mass., Robert V. Mulkern, Fusaro Fusaro, Worcester, Mass., and Ronald […]

UNITED STATES of America, Appellee, v. Robert M. FRIEDLAND, Defendant, Appellant. No. 71-1071.United States Court of Appeals, First Circuit. June 29, 1971. Page 711 Thomas R. McNaboe, Portland, Me., with whom Thompson, Willard, Smith McNaboe, Portland, Me., was on brief, for appellant. Peter Mills, U.S. Atty., for appellee. Before ALDRICH, Chief Judge, McENTEE and COFFIN, […]

INMATES OF THE SUFFOLK COUNTY JAIL ET AL., PLAINTIFFS, APPELLANTS, v. DENNIS J. KEARNEY ET AL., DEFENDANTS, APPELLEES. INMATES OF THE SUFFOLK COUNTY JAIL ET AL., PLAINTIFFS, APPELLEES, v. DENNIS J. KEARNEY ET AL., DEFENDANTS, APPELLEES, BOSTON CITY COUNCILLORS, DEFENDANT, APPELLANT. INMATES OF THE SUFFOLK COUNTY JAIL ET AL., PLAINTIFFS, APPELLEES, v. DENNIS J. KEARNEY […]

RONALD C. BROWN, ET AL., Plaintiffs-Appellants, v. HOT, SEXY AND SAFER PRODUCTIONS, INC., ET AL., Defendants-Appellees. No. 95-1275United States Court of Appeals, First Circuit.Heard August 1, 1995 Decided October 23, 1995 Page 526 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 527 […]

HELEN H. PAVLIDIS, ET AL., PLAINTIFFS, APPELLANTS, v. NEW ENGLAND PATRIOTS FOOTBALL CLUB, INC., ET AL., DEFENDANTS, APPELLEES. No. 83-1637.United States Court of Appeals, First Circuit.Argued March 9, 1984. Decided June 22, 1984. Rehearing Denied June 22, 1984. Page 1228 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

UNITED STATES, Appellee, v. James R. RIGGS, Jr., Defendant, Appellant. No. 02-2063.United States Court of Appeals, First Circuit.Submitted March 17, 2003. Decided October 16, 2003. Appeal from the United States District Court for the District of Maine, George Z. Singal, Chief Judge. Page 18 Tina Schneider, on brief for appellant. Margaret D. McGaughey, Appellate Chief, […]

Petition of EDDY. PARKER et al. v. EDDY. In re ROBERT FORSYTH SON. Nos. 1798, 1835.Circuit Court of Appeals, First Circuit. June 12, 1925. Petition to Revise and Appeal from the District Court of the United States for the District of Rhode Island; Arthur L. Brown, Judge. Page 197 In the matter of Robert Forsyth […]

UNITED STATES OF AMERICA, APPELLEE, v. DAVID MASTROIANNI, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. DENNIS SAGAN, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. JOSEPH P. BARKETT, DEFENDANT, APPELLANT. (TWO CASES.) UNITED STATES OF AMERICA, APPELLEE, v. JOSEPH C. PIOGGIA, DEFENDANT, APPELLANT. IN RE GRAND JURY. (TWO CASES). APPEAL OF JOSEPH P. BARKETT. […]

In re Michael J. COLARUSSO; Mary Colarusso, Debtors, Robert Canzano, Trustee of the J B Realty Trust; Joan Canzano, Trustee of the J B Realty Trust, Plaintiffs-Appellees, v. Mary M. Ragosa, Defendant-Appellant. No. 03-9010.United States Court of Appeals, First Circuit.Heard April 8, 2004. Decided September 2, 2004. Appeal from the United States Bankruptcy Appellate Panel […]

STATE POLICE FOR AUTOMATIC RETIREMENT ASSOCIATION, ET AL., Plaintiffs, Appellants, v. John DIFAVA, SUPERINTENDENT OF THE DEPARTMENT OF STATE POLICE, et al., Defendants, Appellees, Robert T. Devereaux, et al., Intervenors, Appellees, Equal Employment Opportunity Commission, Intervenors, Appellees. Nos. 01-1581, 01-2429.United States Court of Appeals, First Circuit.Heard May 8, 2002. Decided January 17, 2003. Appeal from […]

Olga GAYDAR; Oleksandr Stepanov, Plaintiffs, Appellees, v. SOCIEDAD INSTITUTO GINECO-QUIRURGICO Y PLANIFICACION FAMILIAR d/b/a Clinica Gineco-Quirurgica; Hector E. Ortiz-Perez; Iris Maldonado; Conjugal Partnership Ortiz-Maldonado; Sindicato de Aseguradores Para la Suscripcion Conjunta de Seguro de Responsabilidad Medico-Hospitalaria (“Simed”), Defendants, Appellants. No. 02-2359.United States Court of Appeals, First Circuit.Heard June 6, 2003. Decided September 29, 2003. Appeal […]

COMMISSIONER OF INTERNAL REVENUE v. CORDINGLEY. No. 2985.Circuit Court of Appeals, First Circuit. May 25, 1935. Appeal from Board of Tax Appeals. Petition by the Commissioner of Internal Revenue to review an order of the Board of Tax Appeals redetermining a deficiency in the tax imposed on William R. Cordingley. Order affirmed. Frank J. Wideman, […]

MONIQUE G. CARON ET AL., PLAINTIFFS-APPELLEES, v. UNITED STATES OF AMERICA, DEFENDANT-APPELLANT. No. 76-1194.United States Court of Appeals, First Circuit.Argued September 8, 1976. Decided December 23, 1976. Page 367 Everett C. Sammartino, Asst. U.S. Atty., Providence, R. I., with whom Lincoln C. Almond, U.S. Atty., Providence, R. I., was on brief, for defendant-appellant. John F. […]

Shawnee PATTEN, Plaintiff, Appellant, v. WAL-MART STORES EAST, INC., Defendant, Appellee. No. 01-2512.United States Court of Appeals, First Circuit.Heard May 7, 2002. Decided August 14, 2002. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, Chief District Judge. Page 22 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

Mark LEVIN and Becky Levin, Plaintiffs, Appellants, v. DALVA BROTHERS, INC., Defendant, Appellee. No. 05-2284.United States Court of Appeals, First Circuit.Heard June 7, 2006. Decided August 15, 2006. Appeal from the United States District Court for the District of Massachusetts, Patti B. Saris, J. Page 69 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

UNITED STATES, APPELLEE, v. HOJATOLLAH TAJEDDINI, DEFENDANT, APPELLANT. No. 92-2294.United States Court of Appeals, First Circuit.Heard April 5, 1993. Decided June 3, 1993. Page 1279 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1280 Kenneth J. King, with whom Fenn King, Jamaica […]

Petrit KASNECI, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent. No. 04-2657.United States Court of Appeals, First Circuit.Submitted July 6, 2005. Decided July 21, 2005. Charles Christophe and Christophe Associates, P.C., on brief for petitioner. William J. Schneider, Assistant United States Attorney, District of Maine, and Paula D. Silsby, United States Attorney, […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLANT, v. ONE LOT OF U.S. CURRENCY ($36,674), DEFENDANT, APPELLEE, SALVATORE L. MELE, JR., CLAIMANT. No. 96-1753United States Court of Appeals, First Circuit. January 8, 1997 Page 1049 Richard L. Hoffman, Assistant United States Attorney, with whom Donald Stern, United States Attorney, Boston, MA, was on brief, for plaintiff-appellant. Terri […]

UNITED STATES, APPELLEE, v. ONE 1986 CHEVROLET VAN, ETC., DEFENDANT, APPELLEE. EDWARD H. MARSHALL, CLAIMANT, APPELLANT. No. 90-1332.United States Court of Appeals, First Circuit.Heard November 9, 1990. Decided March 4, 1991. Page 40 Anthony M. Traini, for claimant, appellant. Michael P. Iannotti, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., was on brief, […]

ROBERT L. MOLINAR, PLAINTIFF-APPELLANT, v. WESTERN ELECTRIC COMPANY ET AL., DEFENDANTS-APPELLEES. No. 75-1374.United States Court of Appeals, First Circuit.Argued September 11, 1975. Decided November 12, 1975. Certiorari Denied March 22, 1976. Page 522 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 523 […]