Category: First Circuit Court of Appeals Opinions

BUSHKIN ASSOCIATES, INC., ET AL., PLAINTIFFS, APPELLEES, v. RAYTHEON COMPANY, DEFENDANT, APPELLANT. No. 89-2093.United States Court of Appeals, First Circuit.Heard May 10, 1990. Decided June 8, 1990. James S. Dittmar, with whom Leonard G. Learner, Kathleen B. Rogers and Widett, Slater Goldman, were on brief, Boston, Mass., for defendant, appellant. F. Lee Bailey, with whom […]

GEORGE LABARRE AND CHERLINE LABARRE, PLAINTIFFS, APPELLEES, v. MERRILL J. SHEPARD AND THOMAS M. PARKS, DEFENDANTS, APPELLANTS. No. 95-2095.United States Court of Appeals, First Circuit.Heard March 4, 1996 Decided May 28, 1996. Timothy G. Kerrigan with whom Hamblett Kerrigan, P.A. was on brief for appellants. David V. Shablin with whom Raymond J. Reed and Reed […]

UNITED STATES of America, Plaintiff, Appellee, v. Federico VILLARMAN-OVIEDO, Defendant, Appellant. No. 01-2197.United States Court of Appeals, First Circuit.Heard November 5, 2002. Decided March 25, 2003. Appeal from the United States District Court for the District of Puerto Rico, Jose A. Fuste, J. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

Randall J. COFSKE, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee. No. 00-2479.United States Court of Appeals, First Circuit.Heard April 2, 2002. Decided May 13, 2002. Appeal from the United States Court for the District of Massachusetts, Nathaniel M. Gorton, J. Page 438 Robert J. Bray for petitioner. Randall J. Cofske on Motion for […]

MOHAMMED KHALAF, PETITIONER, v. IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT. No. 89-2031.United States Court of Appeals, First Circuit.Heard May 8, 1990. Decided July 23, 1990. Page 590 Fred Hewitt Smith, for petitioner. Jill E. Zengler, Office of Immigration Litigation, Civ. Div., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Civ. Div., and Robert […]

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

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

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

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

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

DAVID A. BRYANT, PLAINTIFF, APPELLANT, v. CONSOLIDATED RAIL CORPORATION, DEFENDANT, APPELLEE. No. 81-1116.United States Court of Appeals, First Circuit.Submitted September 10, 1981. Decided February 18, 1982. Evan T. Lawson, James F. O’Brien, and Lawson Wayne, Boston, Mass., on brief for plaintiff, appellant. Peter L. Brown and Atkins Brown, Boston, Mass., on brief for defendant, appellee. […]

UNITED STATES of America, Appellee, v. Augustus EDGERTON, Defendant, Appellant. No. 06-2518.United States Court of Appeals, First Circuit.Heard September 10, 2007. Decided December 6, 2007. Appeal from the United States District Court for the District of Maine, John A. Woodcock, Jr. Page 55 Ronald W. Bourget, for appellant. F. Mark Terison, Senior Litigation Counsel, U.S. […]

ONEBEACON INSURANCE COMPANY, Plaintiff, Appellant, v. GEORGIA-PACIFIC CORPORATION, Defendant, Appellee. No. 06-1993.United States Court of Appeals, First Circuit.Heard December 6, 2006. Decided January 18, 2007. Appeal from the United States District Court for the District of Massachusetts, Joseph L. Tauro, J. Joseph S. Sano with whom John E. Matosky and Prince, Lobel, Glovsky Tye LLP […]

UNITED STATES v. GALVESTON-HOUSTON ELECTRIC CO. No. 3143.Circuit Court of Appeals, First Circuit. June 25, 1936. Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Proceeding on the petition of the Galveston-Houston Electric Company, debtor, for reorganization, wherein the United States, creditor, presented a claim for […]

RICHARD C. YOUNG CO., LTD., Plaintiff, Appellant, v. Morris LEVENTHAL, D.D.S., M.S., Individually and as Trustee of the Leventhal Family Revocable Trust; Judith Leventhal, as Trustee of the Leventhal Family Revocable Trust, Defendants, Appellees. No. 04-1124.United States Court of Appeals, First Circuit.Heard September 10, 2004. Decided October 28, 2004. Appeal from the United States District […]

UNITED NATIONAL INSURANCE COMPANY, PLAINTIFF, APPELLANT, v. PENUCHE’S, INC., ET AL., DEFENDANTS, APPELLEES. No. 97-1476.United States Court of Appeals, First Circuit.Heard September 12, 1997. Decided November 6, 1997. Page 29 Richard J. Riley, with whom Murphy Riley, P.C. was on brief for appellant. Jeffrey S. Cohen, with whom Gregory R. Kirsh and Sulloway Hollis, P.L.L.C. […]

UNITED STATES OF AMERICA, APPELLEE, v. WILLIAM GODFREY MIGELY, DEFENDANT, APPELLANT. No. 78-1434.United States Court of Appeals, First Circuit.Argued March 7, 1979. Decided April 18, 1979. Page 512 Nancy Gertner, Boston, Mass., with whom Silverglate, Gertner Shapiro, Boston, Mass., Marcus S. Topel and Paul D. Wolf, San Francisco, Cal., were on brief, for defendant, appellant. […]

COVENTRY SEWAGE ASSOCIATES, ET AL., PLAINTIFFS, APPELLANTS, v. DWORKIN REALTY CO., ET AL., DEFENDANTS, APPELLEES. No. 95-1410.United States Court of Appeals, First Circuit.Heard October 6, 1995. Decided November 22, 1995. Page 2 David A. Wollin, Providence, RI, with whom Adler, Pollock Sheehan Incorporation was on brief, for appellants. Steven M. Richard, Providence, RI, with whom […]

COMMISSIONER OF INTERNAL REVENUE v. WHITEHOUSE. No. 2294.Circuit Court of Appeals, First Circuit. February 17, 1930. Page 163 Appeal from Board of Tax Appeals. Petition by the Commissioner of Internal Revenue for review of a decision of the Board of Tax Appeals holding that an annuity bequeathed to Sybil Whitehouse was not taxable to her […]

Jason SURPRENANT, Plaintiff, Appellee, v. Cesar RIVAS et al., Defendants, Appellants. No. 04-2285.United States Court of Appeals, First Circuit.Heard August 4, 2005. Decided September 9, 2005. Appeal from the United States District Court for the District of New Hampshire, Joseph A. DiClerico, J. Page 6 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

UNITED STATES, APPELLEE, v. TIMOTHY LEE VEILLEUX, DEFENDANT, APPELLANT. No. 91-1215.United States Court of Appeals, First Circuit.Heard September 13, 1991. Decided November 20, 1991. Page 523 James Michael Merberg, Boston, Mass., for defendant-appellant. F. Mark Terison, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., Portland, Me., was on brief, for appellee. Appeal from […]

Pamela WOOD, Glenroy WOOD, Plaintiffs, Appellants, v. UNITED STATES, Defendant, Appellee. No. 01-2028.United States Court of Appeals, First Circuit.Heard January 11, 2002. Decided May 10, 2002. Appeal from the United States District Court for the District of Maine, George Z. Singal, J. Page 30 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. RHODE ISLAND INSURERS’ INSOLVENCY FUND, DEFENDANT, APPELLANT. No. 95-1964.United States Court of Appeals, First Circuit.Heard January 12, 1996. Decided April 5, 1996. Page 617 Margaret A. Robbins, with whom Joseph C. Tanski and Hutchins, Wheeler Dittmar, Boston, MA, were on brief for appellant. Clifford M. Pierce, Assistant Regional […]

CARL A. PESCOSOLIDO, SR., ET AL., PETITIONERS, APPELLANTS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, APPELLEE. No. 89-1049.United States Court of Appeals, First Circuit.Heard June 7, 1989. Decided August 30, 1989. Page 188 Steven A. Remsberg with whom Hinckley, Allen, Snyder Comen, Boston, Mass., was on brief, for petitioners, appellants. Bruce R. Ellisen, Tax Div., Dept. […]

MIDWAY MANUFACTURING COMPANY, PLAINTIFF, APPELLANT, v. OMNI VIDEO GAMES, INC., FERNCREST DISTRIBUTORS, INC., COMPETITIVE VIDEO, INC., CHENS INTERNATIONAL, INC., DEFENDANTS, APPELLEES. No. 81-1461.United States Court of Appeals, First Circuit.Argued November 4, 1981. Decided December 24, 1981. Page 71 David A. Gerber, Los Angeles, Cal., with whom Leonard J. Santisi, Curtis, Morris Safford, New York City, […]

THOMAS R. LUSSIER, PLAINTIFF, APPELLANT, v. MARVIN RUNYON, UNITED STATES POSTMASTER GENERAL, DEFENDANT, APPELLEE. THOMAS R. LUSSIER, PLAINTIFF, APPELLEE, v. MARVIN RUNYON, UNITED STATES POSTMASTER GENERAL, DEFENDANT, APPELLANT. Nos. 94-1863, 94-1946.United States Court of Appeals, First Circuit.Argued February 2, 1995. Decided March 29, 1995. Page 1104 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

GORDON T. BEST, PLAINTIFF, APPELLANT, v. JOHN C. STETSON, ET AL., DEFENDANTS, APPELLEES. No. 81-1701.United States Court of Appeals, First Circuit.Submitted June 11, 1982. Decided September 29, 1982. Page 43 Gordon T. Best, on brief, pro se. William F. Weld, U.S. Atty., and Gregory C. Flynn, Asst. U.S. Atty., Boston, Mass., on brief, for defendants, […]

JAMES HAROLD BELLOTTE, BY HIS FATHER AND NEXT FRIEND, JAMES G. BELLOTTE, AND JAMES G. BELLOTTE, PLAINTIFFS-APPELLANTS, v. ZAYRE CORP., DEFENDANT-APPELLEE. No. 75-1183.United States Court of Appeals, First Circuit.Argued September 5, 1975. Decided March 29, 1976. Page 1101 W. Wright Danenbarger, Manchester, N.H., with whom Dort S. Bigg and Wiggin Nourie, Manchester, N.H. were on […]

ANNE ANDERSON, ET AL., PLAINTIFFS, APPELLEES, v. CRYOVAC, INC., ET AL., DEFENDANTS, APPELLEES. GLOBE NEWSPAPER COMPANY, INTERVENOR, APPELLANT. No. 86-1221.United States Court of Appeals, First Circuit.Argued September 3, 1986. Decided November 5, 1986. Page 2 E. Susan Garsh, with whom Jonathan M. Albano, Kathleen M. Guilfoyle and Bingham, Dana Gould, Boston, Mass., were on brief, […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. HECTOR H. TUESTA-TORO, DEFENDANT, APPELLANT. No. 93-2182.United States Court of Appeals, First Circuit.Heard June 7, 1994. Decided July 25, 1994. Page 772 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 773 Kevin G. Little, Los […]

UNITED STATES OF AMERICA, APPELLEE, v. HECTOR GUZMAN, A/K/A HECTOR GUZMAN RIVERA, DEFENDANT, APPELLANT. No. 95-1234.United States Court of Appeals, First Circuit.Submitted May 6, 1996 Decided June 7, 1996 Page 824 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 825 Gabriel Hernandez […]

UNITED STATES of America, Appellee, v. Abdigani HUSSEIN, Defendant, Appellant. No. 03-1310.United States Court of Appeals, First Circuit. Heard September 5, 2003. Decided October 30, 2003. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, J. Page 10 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

UNITED STATES OF AMERICA, APPELLEE, v. ANTONIO MARK POLUS, DEFENDANT, APPELLANT. No. 73-1230.United States Court of Appeals, First Circuit.Submitted February 7, 1975. Decided May 27, 1975. Page 1291 Antonio Cordova Gonzalez, San Juan, P. R., on brief for defendant, appellant. Julio Morales Sanchez, U.S. Atty., and Jorge Rios Torres, Asst. U.S. Atty., on brief for […]

PEOPLE OF PUERTO RICO, on Behalf of ISABELA IRR. SERVICE, v. UNITED STATES. No. 3811.Circuit Court of Appeals, First Circuit. March 11, 1943. Page 268 Appeal from the District Court of the United States for Puerto Rico; Cooper, Judge. Proceeding by the United States of America to acquire land by condemnation for military purposes, wherein […]

CLAUDIO BAUZA, ETC., ET AL., PLAINTIFFS, APPELLEES, v. ARTURO MORALES CARRION, ETC., ET AL., DEFENDANTS, APPELLANTS. No. 77-1310.United States Court of Appeals, First Circuit.Submitted December 8, 1977. Decided June 20, 1978. Page 448 Jose A. Andreu-Garcia and Geigel, Silva, Soler Favale Arroyo, Old San Juan, P.R., on brief, for defendants, appellants. Pedro J. Varela, Hato […]

IN RE: THINKING MACHINES CORPORATION, Debtor. THINKING MACHINES CORPORATION, Appellee, v. MELLON FINANCIAL SERVICES CORPORATION #1, Appellant. No. 95-1575United States Court of Appeals, First Circuit.Heard September 13, 1995 Decided October 17, 1995 Page 1022 Kevin J. Simard, with whom Charles R. Bennett, Jr. and Riemer Braunstein were on brief, for appellant. Charles R. Dougherty, with […]

AMERICAN SODA FOUNTAIN CO. v. PARSONS. In re SAVAGE et al. No. 2333.Circuit Court of Appeals, First Circuit. May 21, 1929. Page 738 Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. In the matter of the bankruptcy of Charles M. Savage and another, wherein Charles […]

ACTON CORPORATION, ET AL., PLAINTIFFS, APPELLANTS, v. BORDEN, INC., DEFENDANT, APPELLEE. No. 81-1512.United States Court of Appeals, First Circuit.Argued December 8, 1981. Decided February 12, 1982. Page 378 William A. Zucker, Boston, Mass., with whom Gerald A. Rosenthal and Gadsby Hannah, Boston, Mass., were on brief, for plaintiffs, appellants. John J. Curtin, Jr., Boston, Mass., […]

Elizabeth MUSTAPHA, Plaintiff, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant, Appellee. No. 6969.United States Court of Appeals, First Circuit. December 21, 1967. Aram A. Arabian, Providence, R.I., with whom George Berk, Providence, R.I., was on brief, for appellant. John F. Dolan, Providence, R.I., for appellee. Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges. PER […]

PHILLIP D. CHAMPAGNE, PLAINTIFF, APPELLANT, v. SERVISTAR CORPORATION, DEFENDANT, APPELLEE. No. 97-1947.United States Court of Appeals, First Circuit.Heard February 6, 1998. March 12, 1998. Page 8 Edward M. Pikula for appellant. Charles P. Roberts, III, with whom Haynsworth, Baldwin, Johnson and Greaves, Daniel Finnegan, and Bulkley, Richardson and Gelinas were on brief, for appellee. Appeal […]

LAW et al. v. RAILWAY EXPRESS AGENCY. No. 3565.Circuit Court of Appeals, First Circuit. April 30, 1940. Consolidated appeal from the District Court of the United States for the District of Massachusetts; Francis J.W. Ford, Judge. Two actions of tort for personal injuries by Jessie Law and by M. Ethel Law against the Railway Express […]

DAY v. CITY OF BERLIN No. 4148.Circuit Court of Appeals, First Circuit. September 17, 1946. Page 324 Appeal from the District Court of the United States for the District of New Hampshire; Aloysius J. Connor, Judge. Action by Lucy E. Day against the City of Berlin to recover for injuries sustained by plaintiff in fall […]

ROBERT L. CARDILLO, PLAINTIFF-APPELLANT, v. JOHN ZYLA, ETC., ET AL., DEFENDANTS-APPELLEES. No. 73-1238.United States Court of Appeals, First Circuit.Heard September 5, 1973. Decided October 29, 1973. Page 474 Robert L. Cardillo, on brief, pro se. William J. Deachman, U.S. Atty., on brief, for Calvin Smith, defendant-appellee. Theodore Wadleigh and Wadleigh, Starr, Peters, Dunn Kohls, Manchester, […]

UNITED STATES OF AMERICA, APPELLEE, v. RICHARD MARSHALL, DEFENDANT, APPELLANT. No. 95-1826United States Court of Appeals, First Circuit.Heard March 4, 1997 Decided March 31, 1997 Page 95 Gordon D. Fox, Providence, RI, with whom David A. Cooper and Cooper Sanchez were on brief, for defendant, appellant. Craig N. Moore, Assistant United States Attorney, Providence, RI, […]

CADY et al. v. MURPHY. No. 3570.Circuit Court of Appeals, First Circuit. August 15, 1940. Appeal from the District Court of the United States for the District of Maine; John A. Peters, Judge. Action by Clifford J. Murphy against Everett Ware Cady and others for damages for false representations in the sale of a block […]

UNITED STATES of America, Appellant, v. Charles WILKERSON, Defendant, Appellee. No. 00-1538.United States Court of Appeals, First Circuit.Heard December 7, 2000. Decided June 4, 2001. Appeal from the United States District Court for the District of Massachusetts, Nancy Gertner, J. Page 274 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

PETTEE et al. v. CITY OF NASHUA. No. 2539.Circuit Court of Appeals, First Circuit. May 28, 1931. Appeal from the District Court of the United States for the District of New Hampshire; George F. Morris, Judge. Action by Eugene E. Pettee and others, doing business as J.R. Worcester Co., against the City of Nashua. Judgment […]

UNITED STATES of America, Appellee, v. Shawn R. DENIS, Defendant, Appellee. No. 01-2544.United States Court of Appeals, First Circuit.Heard April 3, 2002. Decided July 23, 2002. Appeal from the United States District Court for the District of Maine, George Z. Singal, J. Page 26 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

PERRY D. BROOKS, PRO SE, AND AS FATHER OF HIS MINOR DAUGHTER LORIANNE MARIE BROOKS; AND CATHY ANNE BROOKS, PLAINTIFFS, APPELLANTS, v. A. R. S. ENTERPRISES, INC. ET AL., DEFENDANTS, APPELLEES. No. 79-1298.United States Court of Appeals, First Circuit.Argued February 5, 1980. Decided May 28, 1980. Page 9 Francisco Castro Amy, San Juan, P.R., for […]

UNITED STATES OF AMERICA, APPELLEE, v. NORMAN J. JACQUES, DEFENDANT-APPELLANT. No. 71-1391.United States Court of Appeals, First Circuit.Heard April 4, 1972. Decided July 7, 1972. Page 654 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 655 John G. S. Flym, Cambridge, Mass., […]

MATTA v. TILLINGHAST, Immigration Com’r. No. 2313.Circuit Court of Appeals, First Circuit. May 31, 1929. Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Suit by Tom Matta against Anna C.M. Tillinghast, United States Commissioner of Immigration. From a decree of dismissal, plaintiff appeals. Affirmed. William […]

KOPPEL INDUSTRIAL CAR EQUIPMENT CO. v. LEE. No. 1784.Circuit Court of Appeals, First Circuit. January 6, 1925. Appeal from the District Court of the United States for the District of Porto Rico; Arthur F. Odlin, Judge. Proceeding in equity between the Koppel Industrial Car Equipment Company and Albert Lee, receiver. From a decree determining the […]

POLAND SPRING CORPORATION, Plaintiff, Appellee, v. UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, AFL-CIO-CLC, LOCAL 1445, Defendant, Appellant. No. 02-1064.United States Court of Appeals, First Circuit.Heard September 5, 2002. Decided December 24, 2002. Appeal from the United States District Court for the District of Maine, Hornby, Chief Judge. Warren H. Pyle, with whom Lara Sutherlin […]

OTIS GRANT, PLAINTIFF, APPELLANT, v. NEWS GROUP BOSTON, INC., D/B/A BOSTON HERALD, DEFENDANT, APPELLEE. No. 94-2191.United States Court of Appeals, First Circuit.Heard April 5, 1995. Decided April 28, 1995. Appeal from the United States District Court for the District of Massachusetts. Page 2 Anthony W. Neal, with whom Law Offices of Anthony W. Neal was […]

SCHENCK ex rel. CHU GUAY OI v. WARD, Com’r of Immigration. No. 3423.Circuit Court of Appeals, First Circuit. May 10, 1939. Appeal from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. Habeas corpus proceeding by John W. Schenck, on the relation of Chu Guay Oi, petitioner, against […]

Pedro COSME-ROSADO; Lydia Esther Rosado-Figueroa; Conjugal Partnership Cosme-Rosado; Maria Teresa-Cosme; Pedro Orlando Cosme-Rodriguez; Yaritza Cosme-Rodriguez, Plaintiffs, Appellants, v. Alfredo SERRANO-RODRIGUEZ, As Mayor of the City of Naranjito; 3-C Construction; Cristino Cruz; Jane Doe, 98CV1491; Conjugal Partnership, Cruz-Cruz, Defendants, Appellees. No. 02-1600.United States Court of Appeals, First Circuit.Heard November 4, 2003. Decided March 2, 2004. Appeal […]

UNITED STATES, APPELLEE, v. THOMAS J. BARTELHO, DEFENDANT-APPELLANT. No. 96-1273.United States Court of Appeals, First Circuit.Heard July 31, 1996 Decided November 25, 1997. Page 664 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 665 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

GOON WING WAH, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 6962.United States Court of Appeals, First Circuit. December 14, 1967. Page 293 Joseph F. O’Neil, Boston, Mass., for petitioner. Maurice A. Roberts, Atty., Dept. of Justice, with whom Paul F. Markham, U.S. Atty., and Albert F. Cullen, Jr., Asst. U.S. Atty., were on the […]

UNISYS CORPORATION, PLAINTIFF, APPELLEE, v. DATAWARE PRODUCTS, INC. AND WILLIAM J. CUNNINGHAM, DEFENDANTS, APPELLANTS. No. 87-2069.United States Court of Appeals, First Circuit.Heard May 4, 1988. Decided June 6, 1988. Page 312 Robert S. Potters with whom LaDonna J. Hatton and Potters Sands, P.C., Boston, Mass., were on brief for defendants, appellants. William N. Berkowitz with […]

WILLIE VICTOR ORTIZ-PINERO, PLAINTIFF, APPELLANT, v. VICTOR RIVERA-ARROYO, INDIVIDUALLY AND AS MAYOR OF GURABO, ET AL., DEFENDANTS, APPELLEES. No. 95-2167United States Court of Appeals, First Circuit. May 15, 1996 Page 8 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 9 [EDITORS’ NOTE: […]

UNITED PARCEL SERVICE, INC., United Parcel Service, Co., Appellees, Plaintiffs, v. Juan A. FLORES-GALARZA, Secretary of the Department of the Treasury of the Commonwealth of Puerto Rico, in his official capacity, Appellant, Defendant. No. 03-1990.United States Court of Appeals, First Circuit.Heard May 4, 2004. Decided September 14, 2004. Appeal from the District Court, Carmen Consuelo […]

MASSACHUSETTS GENERAL HOSPITAL, PLAINTIFF, APPELLANT, v. STEPHEN M. WEINER ET AL., DEFENDANTS, APPELLEES. No. 77-1191.United States Court of Appeals, First Circuit. January 25, 1978. H. Scott Haskell, Boston, Mass., with whom Albert G. Tierney, Jr., and Tierney, St. Onge Manoil, Boston, Mass., were on brief, for plaintiff, appellant. S. Stephen Rosenfeld, Asst. Atty. Gen., Boston, […]

SAUL SANTIAGO-CORREA, ET AL., PLAINTIFFS, APPELLANTS, v. RAFAEL HERNANDEZ-COLON, ET AL., DEFENDANTS, APPELLEES. No. 87-1100.United States Court of Appeals, First Circuit.Heard October 8, 1987. Decided December 18, 1987. Hector Gonzalez-Lopez with whom Hector Urgell-Cuebas and Pedro Miranda-Corrada, San Juan, P.R., were on brief, for plaintiffs, appellants. Zuleika Llovet, San Juan, P.R., with whom Saldana, Rey, […]

UNITED STATES of America, Appellee, v. Latanya JONES, Defendant, Appellant. No. 07-2052.United States Court of Appeals, First Circuit.Heard October 7, 2008. Decided December 17, 2008. Appeal from the United States District Court for the District of New Hampshire, Joseph A. DiClerico, J. Page 20 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

Anthony PAPARO, Plaintiff, Appellant, v. M/V ETERNITY; Denholm Ship Management, Ltd., Defendants, Appellees. No. 05-1767.United States Court of Appeals, First Circuit.Heard November 8, 2005. Decided January 5, 2006. Appeal from the United States District Court for the District of Massachusetts, Richard Stearns, J. Page 170 Brian S. McCormick for appellant. James B. Re for appellees. […]

Bruce BARON, Plaintiff, Appellee, v. SUFFOLK COUNTY SHERIFF’S DEPARTMENT; Sheriff of Suffolk County, Defendants, Appellants, Daniel Hickey, Defendant. No. 03-2718.United States Court of Appeals, First Circuit.Heard December 8, 2004. Decided March 29, 2005. Appeal from the United States District Court for the District of Massachusetts, Patti B. Saris, J. Page 226 [EDITORS’ NOTE: THIS PAGE […]

PHANTOM TOURING, INC., PLAINTIFF, APPELLANT, v. AFFILIATED PUBLICATIONS, ET AL., DEFENDANTS, APPELLEES. Nos. 91-1590, 91-1741.United States Court of Appeals, First Circuit.Heard November 4, 1991. Decided January 10, 1992. Page 725 Ronald D. Barber with whom H. Yale Gutnick, Strassburger, McKenna, Gutnick Potter, Pittsburgh, Pa., Dennis J. Kelly, and Burns Levinson, Boston, Mass., were on brief, […]

MALLOY et al. v. NEW YORK LIFE INS. CO. No. 3388.Circuit Court of Appeals, First Circuit. April 11, 1939. Page 440 Appeal from the District Court of the United States for the District of New Hampshire; George F. Morris, Judge. Suit by the New York Life Insurance Company against Edward T. Malloy and others to […]

ELIZABETH WILSON, INDIVIDUALLY AND AS MOTHER AND NEXT FRIEND OF AILSA DeBOLD, PLAINTIFF, APPELLANT, v. BRADLEES OF NEW ENGLAND, INC., ET AL., DEFENDANTS, APPELLEES. No. 95-2293United States Court of Appeals, First Circuit.Heard April 3, 1996 Decided September 25, 1996 Page 553 Edwin Paul Gale with whom Thomas Craig, P.A. was on brief, Manchester, NH, for […]

UNITED STATES OF AMERICA, APPELLEE, v. STEPHAN WOLOSZCZUK, DEFENDANT-APPELLANT. No. 71-1306.United States Court of Appeals, First Circuit.Heard March 7, 1972. Decided May 1, 1972. Page 1256 Charles Donelan, Worcester, Mass., by appointment of the Court, with whom James E. Wallace, Jr., and Bowditch, Gowetz Lane, Worcester, Mass., were on brief, for defendant-appellant. Frederic R. Kellogg, […]

MICHAEL ALAN CROOKER, PLAINTIFF, APPELLANT, v. THOMAS MULLIGAN, ET AL., DEFENDANTS, APPELLEES. No. 85-1811.United States Court of Appeals, First Circuit.Submitted February 6, 1986. Decided April 16, 1986. Rehearing and Reconsideration En Banc Denied July 8, 1986. Page 810 Michael Alan Crooker, Springfield, Mass., on brief, pro se. Richard T. Egan, City Sol., Harry P. Carroll, […]

UNITED STATES, Appellee, v. Raúl MULERO-JOUBERT, Iván Sobrado-Sierra, Carlos R. Aguirre-Flores, Angel Carmona-Tapia, José Molina-Encarnación, Juan Santos-Centeno, Carlos Santiago-Rivera, and Angel Luis Class-Alvarado, Defendants, Appellants. Nos. 01-1869 to 01-1872, and 01-1881 to 01-1884.United States Court of Appeals, First Circuit.Heard April 4, 2002. Decided May 8, 2002. Appeal from the United States District Court for the […]

UNITED STATES of America, Appellee, v. Anthony BUCCI and David A. Jordan, Defendants, Appellants. Nos. 06-2746, 07-1087.United States Court of Appeals, First Circuit.Heard March 4, 2008. Decided May 13, 2008. Appeal from the United States District Court for the District of Massachusetts, Reginald C. Lindsay, J. Page 117 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

UNITED STATES OF AMERICA, APPELLEE, v. SAUL MANGUAL-CORCHADO, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. ERNESTO CIRILO-MUNOZ, A/K/A NESTY, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. LUIS ANTONIO RAMIREZ-YNOA, DEFENDANT, APPELLANT. No. 96-1307, No. 96-1308, No. 96-1476United States Court of Appeals, First Circuit.Heard December 5, 1998. Decided March 18, 1998. Page 35 [EDITORS’ […]

UNITED STATES v. BINGHAM et al. No. 2983.Circuit Court of Appeals, First Circuit. March 26, 1935. Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Action by Norman W. Bingham, Jr., and others, executors of King Upton, deceased, against the United States. From a judgment for […]

UNITED STATES of America, Plaintiff, Appellant, v. CAMBRIDGE TRUST COMPANY, Defendant, Appellee. No. 5866.United States Court of Appeals, First Circuit.Heard November 8, 1961. Decided March 6, 1962. Kathryn H. Baldwin, Atty., Dept. of Justice, Washington, D.C., with whom William H. Orrick, Jr., Asst. Atty. Gen., W. Arthur Garrity, Jr., U.S. Atty., Boston, Mass., and Morton […]

BOSTON AND MAINE RAILROAD, Defendant, Appellant, v. Isabelle C. TALBERT, Administratrix, Plaintiff, Appellee. No. 6651.United States Court of Appeals, First Circuit.Heard April 4, 1966. Decided May 4, 1966. Page 287 E. Paul Kelly, Nashua, N.H., with whom Sheehan, Phinney, Bass Green, Manchester, N.H., was on brief, for appellant. John H. Sanders, Concord, N.H., with whom […]

Xiang Xing GAO, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent. No. 05-2330.United States Court of Appeals, First Circuit.Submitted June 15, 2006. Decided October 26, 2006. Appeal from the Board of Immigration Appeals (BIA), affirming the immigration judge’s (IJ). Page 34 Jim Li, on brief for petitioner. Gina Y. Walcott-Torres, Assistant United […]

UNITED STATES of America, Appellee, v. Arnaldo L. RULLAN-RIVERA, Defendant, Appellant. No. 94-1890.United States Court of Appeals, First Circuit.Heard February 8, 1995. Decided July 21, 1995. Page 17 Luis R. Rivera-Gonzalez, San Juan, PR, with whom Joseph C. Laws, Jr. Hato Rey, PR, was on brief, for appellant. Jose A. Quiles Espinosa, Sr, Litigation Counsel, […]

George K. BROUGH, Plaintiff, Appellant, v. UNITED STEELWORKERS OF AMERICA, AFL-CIO, Defendant, Appellee and Third Party Plaintiff, Appellant, v. CARPENTER PATERSON, INC., Third Party Defendant, Appellee. Nos. 7693, 7694.United States Court of Appeals, First Circuit. January 29, 1971. James J. Kalled, Wolfeboro, N.H., for George K. Brough. E. Donald Dufresne, Manchester, N.H., with whom Devine, […]

FOUR CERTAIN UNNAMED INMATES OF MASSACHUSETTS CORRECTIONAL INSTITUTION AT WALPOLE, MASSACHUSETTS, PLAINTIFFS-APPELLEES, v. FRANK A. HALL ET AL., DEFENDANTS-APPELLANTS. No. 76-1554.United States Court of Appeals, First Circuit.Argued January 3, 1977. Decided March 18, 1977. Page 1292 Lee Carl Bromberg, Special Asst. Atty. Gen., Boston, Mass., for appellants. Richard J. Vita, Dorchester, Mass., and Alan P. […]

QUATTRONE v. NICOLLS. No. 4750.United States Court of Appeals, First Circuit. February 19, 1954. Page 514 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 515 Frederick Cohen, Brookline, Mass., for appellant. Jerome Medalie, Asst. U.S. Atty., Brighton, Mass. (Anthony Julian, U.S. Atty., […]

JANET A. BEAULIEU, PLAINTIFF, APPELLANT, v. UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE, DEFENDANT, APPELLEE. No. 88-1675.United States Court of Appeals, First Circuit.Heard January 9, 1989. Decided January 25, 1989. Marc J. Shepcaro, Boston, Mass., for plaintiff, appellant. Andrew S. Hogeland, Asst. U.S. Atty., with whom Frank L. McNamara, Jr., U.S. Atty., Boston, Mass., was […]

INES ANDRADES, PLAINTIFF, APPELLANT, v. SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLEE. No. 85-1804.United States Court of Appeals, First Circuit.Argued February 6, 1986. Decided May 7, 1986. Page 169 Salvador Medina De La Cruz, Rio Piedras, P.R., for plaintiff, appellant. Mary Gludt, Social Security Admin., Baltimore, Md., with whom Daniel F. Lopez Romo, U.S. […]

AVIS E. SWIFT, ETC., PLAINTIFF, APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. No. 79-1162.United States Court of Appeals, First Circuit.Submitted September 14, 1979. Decided February 5, 1980. Page 813 R. Laurence Cullen, Hampton, N.H., on brief, for plaintiff, appellant. William H. Shaheen, U.S. Atty., and Robert T. Kennedy, Asst. U.S. Atty., Concord, N. H., […]

GRENDEL’S DEN, INC., PLAINTIFF, APPELLEE, v. HERBERT N. GOODWIN ET AL., DEFENDANTS, APPELLEES. CAMBRIDGE LICENSE COMMISSION ET AL., DEFENDANTS, APPELLANTS. GRENDEL’S DEN, INC., PLAINTIFF, APPELLEE, v. HERBERT N. GOODWIN ET AL., DEFENDANTS, APPELLANTS. Nos. 80-1653, 80-1654.United States Court of Appeals, First Circuit.Argued November 3, 1980. Decided April 7, 1981. Page 89 Gerald J. Caruso, Asst. […]

Simonne PHELPS, Plaintiff, Appellant, v. OPTIMA HEALTH, INC. and Catholic Medical Center, Defendants, Appellees. No. 00-2347.United States Court of Appeals, First Circuit.Heard April 6, 2001. Decided May 30, 2001. Appeal from the United States District Court for the District of New Hampshire, Joseph A. DiClerico, Jr., J. Page 22 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

VICENTE ACEVEDO VELEZ ET AL., PLAINTIFFS-APPELLANTS, v. CROWN LIFE INSURANCE CO., DEFENDANT-APPELLEE. No. 78-1269.United States Court of Appeals, First Circuit.Argued February 8, 1979. Decided May 31, 1979. Page 472 Luis M. Chaves Ghigliotty, Arecibo, P. R., for plaintiffs, appellants. Eugene F. Hestres, San Juan, P. R., with whom Bird Bird, San Juan, P. R., was […]

SHEILA RENDELL-BAKER, PLAINTIFF, APPELLANT, v. SANDRA KOHN ET AL., DEFENDANTS, APPELLEES. WAYNE KLUG ET AL., PLAINTIFFS, APPELLEES, v. NEW PERSPECTIVES SCHOOL, INC. ET AL., DEFENDANTS, APPELLANTS. Nos. 80-1328, 80-1451.United States Court of Appeals, First Circuit.Argued October 6, 1980. Decided February 12, 1981. Page 15 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

Peter CALO, Defendant, Appellant, v. UNITED STATES of America, Appellee. No. 6357.United States Court of Appeals, First Circuit. November 30, 1964. Page 794 Joseph Mainelli, Providence, R.I., for appellant. William J. Gearon, Asst. U.S. Atty., with whom Raymond J. Pettine, U.S. Atty., was on brief, for appellee. Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, […]

FRANCISCA MARRERO-GARCIA, THE OTHER PLAINTIFFS THAT APPEAR IN ADDENDUM NUMBER I ATTACHED TO THE COMPLAINT WHICH NUMBER 367 PERSONS, PLAINTIFFS-APPELLANTS, v. MARIA MARGARITA IRIZARRY, ENGINEER AND EXECUTIVE DIRECTOR OF THE PUERTO RICO ACUEDUCT AND SEWAGE AUTHORITY IN HER PERSONAL AND OFFICIAL CAPACITY, ET AL., DEFENDANTS-APPELLEES. No. 93-2098.United States Court of Appeals, First Circuit.Heard April 7, […]