Category: First Circuit Court of Appeals Opinions

TRAMP OIL AND MARINE, LTD., PLAINTIFFS, APPELLANTS, v. M/V “MERMAID I”, HER ENGINES, ETC., ET AL., DEFENDANTS, APPELLEES. No. 86-1240.United States Court of Appeals, First Circuit. November 14, 1986. Page 43 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 44 Peter Skoufalos […]

Timothy L. LaFRENIER, Plaintiff, Appellant, v. Mary Anne KINIREY; Daniel Morrison; Town of Townsend, Defendants, Appellees, William E. May, Defendant. No. 07-1644.United States Court of Appeals, First Circuit.Heard September 13, 2007. Decided December 16, 2008. Appeal from the United States District Court for the District of Massachusetts, F. Dennis Saylor IV, J. Sean J. Gallagher […]

ARNOLD TOURS, INC., ET AL., PLAINTIFFS-APPELLEES, v. WILLIAM B. CAMP, COMPTROLLER OF THE CURRENCY OF THE UNITED STATES, DEFENDANT-APPELLANT, SOUTH SHORE NATIONAL BANK, DEFENDANT-APPELLANT. Nos. 72-1142, 72-1143.United States Court of Appeals, First Circuit.Heard September 7, 1972. Decided December 13, 1972. Elliott V. Grabill, Boston, Mass., with whom Arthur H. Bloomberg and Grabill Page 428 Ley, […]

Juan CORDERO-SOTO, Plaintiff, Appellant, v. ISLAND FINANCE, INC., Defendant, Appellee. No. 04-2582.United States Court of Appeals, First Circuit.Heard June 10, 2005. Decided August 12, 2005. Appeal from the United States District Court for the District of Puerto Rico, Jay A. Garcia-Gregory, J. Page 115 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

HUGH deVRIES, ET AL., PLAINTIFFS, APPELLEES, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, DEFENDANT, APPELLANT. No. 82-1672.United States Court of Appeals, First Circuit.Argued May 6, 1983. Decided September 14, 1983. Page 940 Eugene M. Van Loan, III, Manchester, N.H., with whom Wadleigh, Starr, Peters, Dunn Chiesa, Manchester, N.H., was on brief, for defendant, appellant. […]

MASSACHUSETTS TRUSTEES OF EASTERN GAS AND FUEL ASSOCIATES, Libelants-Appellants, v. UNITED STATES of America, Respondent-Appellee. No. 6035.United States Court of Appeals, First Circuit. January 8, 1963. Page 215 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 216 J. Franklin Fort, Washington, D.C., […]

S.G. AND A.E., PLAINTIFFS, APPELLANTS, v. AMERICAN NATIONAL RED CROSS, DEFENDANT, APPELLEE. No. 90-1873.United States Court of Appeals, First Circuit.Heard March 4, 1991. Decided July 24, 1991. Page 1495 Gilbert Upton with whom Gary B. Richardson and Upton, Sanders Smith were on brief, Concord, N.H., for plaintiffs, appellants. Edward L. Wolf, Associate Gen. Counsel, American […]

Sargent D. Nichols, Individually and as he is Trustee of Andover Northway Realty Trust, et al., Plaintiffs, Appellants, v. The Cadle Co., Defendant, Appellee. No. 96-1777United States Court of Appeals, First Circuit. December 19, 1996 Gilbert R. Hoy, Jr., Chestnut Hill, MA, for appellants. Alvin S. Nathanson, with whom Shannon M. Fitzpatrick and Nathanson Goldberg, […]

CHAN WING CHEUNG, a.k.a. Bill Woo, Plaintiff, Appellant, v. Frank C. HAGERTY, Officer in Charge, U.S. Immigration and Naturalization Service, Providence, Rhode Island, Defendant, Appellee. No. 5556.United States Court of Appeals, First Circuit.Heard November 2, 1959. Decided November 19, 1959. Thomas F. Vance, Jr., Providence, R.I., with whom E. Harold Dick, Providence, R.I., was on […]

GAILLARD v. BOYNTON. No. 2881.Circuit Court of Appeals, First Circuit. April 17, 1934. Appeal from the District Court of the United States for the District of New Hampshire; George F. Morris, Judge. Action by Catherine Boynton against Sarah Gaillard. Judgment for plaintiff, and defendant appeals. Reversed and remanded with direction. John E. Tobin (of Devine […]

ANGEL R. FIGUEROA-VAZQUEZ, PETITIONER, APPELLANT, v. UNITED STATES OF AMERICA, RESPONDENT, APPELLEE. No. 82-1948.United States Court of Appeals, First Circuit.Argued September 8, 1983. Decided October 13, 1983. John M. Garcia, Hato Rey, P.R. by appointment of the Court, for petitioner, appellant. Lydia Lizarribar, Asst. U.S. Atty., Hato Rey, P.R., with whom Daniel F. Lopez Romo, […]

ADVEST, INC., PLAINTIFF, APPELLANT, v. PATRICK McCARTHY, DEFENDANT, APPELLEE. No. 90-1354.United States Court of Appeals, First Circuit.Heard August 3, 1990. Decided September 7, 1990. James L. Ackerman, with whom Katherine E. Perrelli, and Day, Berry Howard, Boston, Mass., were on brief for plaintiff, appellant. Leonard F. Zandrow, Jr., with whom Richard L. Neumeier, Vincent M. […]

Cesar Augusto ESTRADA-HENAO, Petitioner v. Alberto GONZALES, Attorney General, Respondent. No. 05-2144.United States Court of Appeals, First Circuit.Submitted May 5, 2006. Decided June 27, 2006. Petition for review from the Board of Immigration Appeals. Jose A. Espinosa on brief for petitioner. Michael J. Sullivan, United States Attorney, and Gina Walcott-Torres, Assistant United States Attorney, on […]

POTTER INSTRUMENT COMPANY, INC., PLAINTIFF, APPELLANT, v. ODEC COMPUTER SYSTEMS, INC., DEFENDANT, APPELLEE. No. 74-1081.United States Court of Appeals, First Circuit.Argued June 3, 1974. Decided June 27, 1974. Page 210 Richard L. Aitken, Washington, D.C., with whom Anthony M. Lorusso, Washington, D.C., Kenway, Jenney Hildreth, Boston, Mass., Gilbert H. Hennessey, and Lane, Aitken, Dunner Ziems, […]

UNITED STATES of America, Appellee, v. Reginald BROWN, Defendant, Appellant. No. 01-2572.United States Court of Appeals, First Circuit.Heard June 12, 2002. Decided August 8, 2002. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, J. Geoffrey DuBosque for appellant. Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, […]

SEAN FITZGERALD, P.P.A. CYNTHIA A. FITZGERALD, ET AL., PLAINTIFFS, APPELLANTS, v. EXPRESSWAY SEWERAGE CONSTRUCTION, INC., ET AL., DEFENDANTS, APPELLEES. No. 98-1473United States Court of Appeals, First Circuit.Heard May 5, 1999. Decided May 27, 1999. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF Page 72 MASSACHUSETTS [Hon. William G. Young, U.S. District Judge] […]

FRANCISCO PUJOL, PLAINTIFF, v. SHEARSON/AMERICAN EXPRESS, INC., ET AL., DEFENDANTS, APPELLEES, APPEAL OF ANA BONELLI de PUJOL, PLAINTIFF. No. 88-1993.United States Court of Appeals, First Circuit.Heard March 1, 1989. June 5, 1989. Page 133 Harold D. Vincente with whom Wallace Gonzalez Oliver was on brief, for appellant. Philippe M. Salomon with whom Roger D. Netzer, […]

EASTERN SCIENTIFIC COMPANY, PLAINTIFF, APPELLEE, v. WILD HEERBRUGG INSTRUMENTS, INC., DEFENDANT, APPELLANT. No. 77-1286.United States Court of Appeals, First Circuit.Argued January 3, 1977. Decided March 17, 1978. Page 884 Robert P. Lynn, Jr., Garden City, N.Y., with whom Lynn, Perlman Ledwith, Garden City, N.Y., and Deming E. Sherman, and Edwards Angell, Providence, R. I., were […]

ENRIQUETA FONTAN-de-MALDONADO, PLAINTIFF, APPELLANT, v. LINEAS AEREAS COSTARRICENSES, S.A., DEFENDANT, APPELLEE. No. 90-1899.United States Court of Appeals, First Circuit.Heard March 7, 1991. Decided June 21, 1991. A.J. Amadeo Murga, Santurce, P.R., with whom Raquel Amadeo Murga was on brief, San Juan, P.R., for plaintiff, appellant. Orlando Fernandez with whom Garcia Fernandez, Hato Rey, P.R., Michael […]

WARREN L. BROWN, PLAINTIFF, APPELLANT, v. ROLAND IVES, ET AL., DEFENDANTS, APPELLEES. No. 96-1954.United States Court of Appeals, First Circuit.Heard July 28, 1997. Decided November 7, 1997. Paula House McFaul with whom John J. Eisenhart and McFaul Eisenhart were on brief for appellant. James D. Williams, III, Assistant Attorney General, with whom Andrew Ketterer, Attorney […]

BAY STATE SMELTING CO., Inc., Defendant, Appellant, v. FERRIC INDUSTRIES, INC., Plaintiff, Appellee. No. 5803.United States Court of Appeals, First Circuit. June 30, 1961. Page 97 Arthur M. Gilman, Boston, Mass., with whom Walter H. McLaughlin, Boston, Mass., was on the brief, for appellant. Stuart Macmillan, Boston, Mass., with whom Warren G. Reed, Philip H. […]

ROIG v. PEOPLE OF PUERTO RICO. No. 3985.Circuit Court of Appeals, First Circuit. January 29, 1945. Page 88 Appeal from Supreme Court of Puerto Rico. Action by the People of Puerto Rico, by the Attorney General, against Antonio Roig, Sucrs., S. en C., for an injunction restraining defendant from operating one of its sugar mills […]

LEO MANZOLI AND MARY ANN MANZOLI, PETITIONERS, APPELLANTS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, APPELLEE. No. 89-1607.United States Court of Appeals, First Circuit.Heard January 11, 1990. Decided May 22, 1990. Page 102 Ronald J. McDougald, Boston, Mass., was on brief for petitioners, appellants. Doris D. Coles, Attorney, Tax Div., Dept. of Justice, with whom Shirley […]

A. BELANGER SONS, INC., Defendant, Appellant, v. UNITED STATES of America for the Use and Benefit of NATIONAL U.S. RADIATOR CORPORATION, Plaintiff, Appellee. No. 5558.United States Court of Appeals, First Circuit. March 2, 1960. Page 373 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

UNITED STATES OF AMERICA, APPELLEE, v. PETER L. FRANCESCO, DEFENDANT, APPELLANT. No. 83-1414.United States Court of Appeals, First Circuit.Argued November 7, 1983. Decided January 20, 1984. Page 818 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 819 Myer J. Cohen, Boston, Mass., […]

Bobbi-Lyn REED, Plaintiff, Appellant, v. MBNA MARKETING SYSTEMS, INC., MBNA America Bank, N.A., and MBNA America Corporation, Defendants, Appellees. No. 02-2705.United States Court of Appeals, First Circuit.Heard May 8, 2003. Decided June 19, 2003. Appeal from the United States District Court for the District of Maine, George Z. Single, Chief Judge. Page 28 [EDITORS’ NOTE: […]

MILDRED V. DRAKE, PLAINTIFF, APPELLEE, v. RAYMARK INDUSTRIES, INC., ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, APPELLANTS. MILDRED V. DRAKE, PLAINTIFF, APPELLEE, v. RAYMARK INDUSTRIES, INC., ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, APPELLEES, BATH IRON WORKS CORPORATION, THIRD-PARTY DEFENDANT, APPELLANT. Nos. 84-2033, 84-2034.United States Court of Appeals, First Circuit.Argued April 3, 1985. Decided August 27, 1985. […]

Daniel T. SMITH, Individually and as Executor of the Estate of Nora M. Smith, Plaintiff, Appellant, v. ROBERTSHAW CONTROLS COMPANY, American Water Heater Company, and AmeriGas Propane, L.P., Defendants, Appellees. No. 04-12262.United States Court of Appeals, First Circuit.Heard December 8, 2004. Decided May 27, 2005. Appeal from the United States District Court for the District […]

COOL LIGHT COMPANY, INC., PLAINTIFF, APPELLANT, v. GTE PRODUCTS CORPORATION, DEFENDANT, APPELLEE. No. 92-1082.United States Court of Appeals, First Circuit.Heard June 2, 1992. Decided August 21, 1992. Page 32 Edwin A. McCabe with whom Joseph P. Davis, III, Karen Chinn Lyons and The McCabe Group, Cambridge, Mass., were on brief, for plaintiff, appellant. Allan van […]

JOHN DONNELLY SONS, NATIONAL ADVERTISING COMPANY, AND WILLIAM S. SCHAEFFER, PLAINTIFFS, APPELLANTS, v. GEORGE N. CAMPBELL, JR., COMMISSIONER OF TRANSPORTATION, STATE OF MAINE, DEFENDANT, APPELLEE. No. 79-1575.United States Court of Appeals, First Circuit.Argued February 5, 1980. Decided December 22, 1980. Richard P. Holme, Denver, Colo., with whom Davis, Graham Stubbs, Denver, Colo., Donald W. Perkins […]

FULLANA CORPORATION, Petitioner, Appellant, v. PUERTO RICO PLANNING BOARD, Respondent, Appellee. No. 5270.United States Court of Appeals, First Circuit.Heard February 5, 1958. Decided June 26, 1958. Jose Antonio Luina, Santurce, P.R., for appellant. Francis Gonzalez Oliver, Santurce, P.R., for appellee. Page 356 Before MAGRUDER, Chief Judge, and MARIS and WOODBURY, Circuit Judges. WOODBURY, Circuit Judge. […]

UNITED STATES of America, Appellee, v. Marcos MARTÍNEZ-MEDINA, Defendant, Appellant. United States of America, Appellee, v. Manuel Pérez-Colón, Defendant, Appellant. United States of America, Appellee, v. Angela Ayala-Martínez, Defendant, Appellant. Nos. 99-1790, 99-1999, 99-2080 and 01-1318.United States Court of Appeals, First Circuit.Heard November 8, 2001. Decided February 8, 2002. Appeal from the United States District […]

KELLEY v. UNITED STATES. No. 2540.Circuit Court of Appeals, First Circuit. May 16, 1931. Appeal from the District Court of the United States for the District of Massachusetts; James A. Lowell, Judge. Action by Robert J. Kelley, by the B.M.C. Durfee Trust Company, guardian, against the United States. Judgment for defendant, and petitioner appeals. Reversed […]

TRACERLAB, INC., Plaintiff, Appellant, v. INDUSTRIAL NUCLEONICS CORPORATION, Defendant, Appellee. No. 6055.United States Court of Appeals, First Circuit. February 4, 1963. Norman A. Hubley, Boston, Mass., H. Lawrence Tafe, III, John A. Lahive, Jr., Herrick, Smith, Donald, Farley Ketchum and Weingarten, Orenbuch, Pandiscio, Boston, Mass., on the brief, for appellant. James D. St. Clair, Boston, […]

SEACOAST ELECTRIC CO., Inc., Plaintiff, Appellee, v. FRANCHI BROS. CONSTRUCTION CORP., Defendant, Appellant. No. 7748.United States Court of Appeals, First Circuit. February 17, 1971. Page 1248 Donald R. Bryant, Dover, N.H., with whom Burns, Bryant, Hinchey, Nadeau Cox, Dover, N.H., was on brief, for defendant-appellant. Paul McEachern, Portsmouth, N.H., with whom Shaines, Madrigan McEachern, Portsmouth, […]

UNITED STATES, Appellee, v. Bruce J. BELTON, Defendant, Appellant. No. 07-1190.United States Court of Appeals, First Circuit.Heard November 7, 2007. Decided March 21, 2008. Appeal from the District of New Hampshire, Joseph A. DiClerico, J. Page 81 Paul J. Garrity, for appellant. Joseph N. Laplante, First Assistant United States Attorney, with whom Thomas P. Colantuono, […]

IN RE KAUFFMAN MUTUAL FUND ACTIONS. JOSEPH B. KAUFFMAN, PLAINTIFF-APPELLANT. No. 72-1288.United States Court of Appeals, First Circuit.Argued January 4, 1973. Decided May 14, 1973. Page 258 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 259 William T. Coleman, Jr., Philadelphia, Pa., […]

Reinaldo RAMÍREZ; Remexcel Managerial Consultants, Inc.; Maria S. Kortright, Plaintiffs-Appellants, v. Edgardo ARLEQUÍN, Mayor of the Municipality of Guayanilla, in his official and personal capacity; Municipality of Guayanilla, Defendants-Appellees. No. 05-1494.United States Court of Appeals, First Circuit.Heard November 10, 2005. Decided May 3, 2006. Appeal from the United States District Court for the District of […]

DOMINGO GONZALEZ PEREZ, PLAINTIFF, APPELLANT, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, DEFENDANT, APPELLEE. No. 77-1088.United States Court of Appeals, First Circuit. March 20, 1978. Page 887 David Rive Rivera and Calderon, Rosa Silva Vargas, Hato Rey, on brief, for plaintiff, appellant. Julio Morales Sanchez, U.S. Atty., and Jose A. Acosta Grubb, Asst. U.S. Atty., […]

COMMISSIONER OF INTERNAL REVENUE v. PACIFIC MILLS. No. 4700.United States Court of Appeals, First Circuit. October 1, 1953. Page 178 I. Henry Kutz, Sp. Asst. to Atty. Gen., Washington, D.C. (H. Brian Holland, Asst. Atty. Gen., and Ellis N. Slack and Lee A. Jackson, Sp. Assts. to Atty. Gen., Washington, D.C., on the brief), for […]

JOHN SANDERSON CO. (WOOL) PTY. LTD. PLAINTIFF-APPELLEE, v. LUDLOW JUTE CO., LTD., DEFENDANT-APPELLANT. No. 77-1374.United States Court of Appeals, First Circuit.Argued November 8, 1977. Decided January 5, 1978. Robert E. Sullivan, Boston, Mass., with whom James M. Hughes and Herrick Smith, Boston, Mass., were on brief, for defendant-appellant. Thomas E. Goode, Boston, Mass., with whom […]

Mohamed J. KRAZOUN, Petitioner, v. John D. ASHCROFT, Attorney General, Respondent. No. 02-2291.United States Court of Appeals, First Circuit.Submitted October 7, 2003. Decided November 25, 2003. Petition for review from the Board of Immigration Appeals. Desmond P. Fitzgerald and Fitzgerald Company, LLP were on brief for petitioner. Peter D. Keisler, Assistant Attorney General, Civil Division, […]

Evgeniya KARTASHEVA, Petitioner, v. Eric H. HOLDER,[*] Jr., United States Attorney General, Respondent. No. 08-2243.United States Court of Appeals, First Circuit.Submitted June 18, 2009. Decided September 11, 2009. [*] Pursuant to Fed.R.App.P. 43(c)(2), Attorney General Eric H. Holder, Jr. has been substituted for former Attorney General Michael B. Mukasey as the respondent. Page 97 [EDITORS’ […]

RUBEN GUEVARA, ET AL., PLAINTIFFS, APPELLEES, v. DORSEY LABORATORIES, DIVISION OF SANDOZ, INC., DEFENDANT, APPELLANT. RUBEN GUEVARA, ET AL., PLAINTIFFS, APPELLANTS, v. DORSEY LABORATORIES, DIVISION OF SANDOZ, INC., DEFENDANT, APPELLEE. Nos. 87-1431, 87-1519.United States Court of Appeals, First Circuit.Heard December 10, 1987. Decided April 26, 1988. As Amended May 4, 1988. Page 365 David Efron, […]

EASTERN SUGAR ASSOCIATES (a Trust), Defendants, Appellants, v. Jose A. PENA, Plaintiff, Appellee. No. 4856.United States Court of Appeals, First Circuit. May 25, 1955. Page 935 Carlos J. Faure, San Juan, Puerto Rico, Earle T. Fiddler, Jose G. Gonzalez and Tomas I. Nido, San Juan, Puerto Rico, on the brief, for appellants. Jose A. Pena, […]

IN RE PUERTO RICO NEWSPAPER GUILD LOCAL 225, AFFILIATED WITH THE NEWSPAPER GUILD, AFL-CIO, CLC, A/K/A UNION de PERIODISTAS ARTES GRAFICAS Y RAMAS ANEXAS, AND THE NEWSPAPER GUILD, AFL-CIO, CLC, RESPONDENTS-APPELLANTS. No. 72-1177.United States Court of Appeals, First Circuit.Heard February 9, 1973. Decided April 18, 1973. Francisco Aponte Perez, Santurce, P. R., with whom George […]

DONALD M. BERKOVITZ, ET AL., PLAINTIFFS, APPELLANTS, v. HOME BOX OFFICE, INC., ET AL., DEFENDANTS, APPELLEES. No. 95-2335.United States Court of Appeals, First Circuit.Heard June 6, 1996 July 22, 1996. Page 25 Joseph L. Kociubes, with whom Peter J. Mancusi and Bingham, Dana Gould, boston, MA, were on brief, for appellants. Kim J. Landsman, with […]

JOSEPH T. FRUSTAGLIA, PLAINTIFF, APPELLANT, v. SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLEE. No. 86-1919.United States Court of Appeals, First Circuit.Submitted February 5, 1987. Decided July 17, 1987. Herman J. Smith, Jr. and Boston University Legal Aid Program, Boston, Mass., on brief, for plaintiff, appellant. Paul Germanotta, Asst. Gen. Counsel, Dept. of Health and […]

UNITED STATES OF AMERICA, APPELLEE, v. MARCO A. ECHEVERRI, DEFENDANT, APPELLANT. No. 92-1426.United States Court of Appeals, First Circuit.Heard December 11, 1992. Decided January 5, 1993. Page 676 Edward C. Roy, with whom Roy Cook was on brief, for defendant, appellant. Zechariah Chafee, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., was on […]

UNITED STATES of America, Appellant, v. Jonathan MOORE, Defendant, Appellee. No. 00-1174.United States Court of Appeals, First Circuit.Heard November 7, 2000. Decided December 29, 2000. Appeal from the United States District Court for the District of Massachusetts, George A. O’Toole, J. Page 701 Theodore D. Chuang, Assistant United States Attorney, with whom Donald K. Stern, […]

THE PRESIDENT AND TRUSTEES OF COLBY COLLEGE, PLAINTIFF-APPELLANT, v. COLBY COLLEGE-NEW HAMPSHIRE, DEFENDANT-APPELLEE. No. 74-1178.United States Court of Appeals, First Circuit.Argued November 4, 1974. Decided January 9, 1975. Page 805 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 806 Vincent L. McKusick, […]

Mom PHAL and Soeun Nou, Petitioners, v. Michael B. MUKASEY,[*] Attorney General of the United States, Respondent. No. 07-1223.United States Court of Appeals, First Circuit.Submitted January 8, 2008. Decided April 18, 2008. [*] Pursuant to Fed.R.App.P. 43(c)(2), Attorney General Michael B. Mukasey is substituted for former Attorney General Alberto R. Gonzales as respondent. Page 86 […]

In re: Mitchell E. KANE and Alice C. Kane, Debtors. Mitchell E. Kane and Alice C. Kane, Debtors, Appellees, v. Town of Harpswell, Creditor, Appellant. No. 00-9008.United States Court of Appeals, First Circuit.Heard February 8, 2001. Decided June 22, 2001. ON APPEAL FROM THE UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT. Page 326 […]

UNITED STATES OF AMERICA, APPELLEE, v. CHRISTOPHER MOSCATIELLO, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. JOHN M. ROONEY, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. JAMES D. CARTER, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. MICHAEL F. MURRAY, DEFENDANT, APPELLANT. Nos. 84-1192, 84-1193, 84-1262 and 84-1263.United States Court of Appeals, First Circuit.Argued […]

ENRIQUE MOLINA-ESTRADA, ET AL., PLAINTIFFS, APPELLANTS, v. PUERTO RICO HIGHWAY AUTHORITY, DEFENDANT, APPELLEE. No. 81-1447.United States Court of Appeals, First Circuit.Argued February 2, 1982. Decided June 8, 1982. Page 842 Nicolas Delgado Figueroa, Santurce, P. R., for plaintiffs, appellants. Lorraine Riefkohl de Lopez, Asst. Sol. Gen., Dept. of Justice, San Juan, P. R., with whom […]

SCOTT MARTEL, PLAINTIFF, APPELLANT, v. GEORGE F. STAFFORD, ADMINISTRATOR, ETC., ET AL., DEFENDANTS, APPELLEES. No. 92-2286.United States Court of Appeals, First Circuit.Heard April 9, 1993. Decided May 25, 1993. Kenneth J. Chesebro, Cambridge, MA, with whom Robert E. Manchester, Patricia S. Orr, and Manchester Law Offices, P.C., Burlington, UT, were on brief, for plaintiff, appellant. […]

WILLIAM LANGTON AND DAVID LEBLANC, PLAINTIFFS-APPELLEES, v. WILLIAM HOGAN, JR., ET AL., DEFENDANTS-APPELLANTS. No. 95-1582.United States Court of Appeals, First Circuit.Heard October 3, 1995. Decided November 21, 1995. Page 931 Robert J. Munnelly, Jr., Assistant Attorney General, with whom Scott Harshbarger, Attorney General of Massachusetts, Karen Laufer, Assistant Attorney General, and Philip W. Silva IV […]

UNITED STATES OF AMERICA, APPELLEE, v. ANTONIO J. MAZZA, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. ANTHONY DECOLOGERO, DEFENDANT, APPELLANT. Nos. 85-1183, 85-1184.United States Court of Appeals, First Circuit.Argued January 6, 1986. Decided June 3, 1986. Page 1211 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

PETRICCA DEVELOPMENT LIMITED PARTNERSHIP AND BERKSHIRE CONCRETE CORPORATION, Plaintiffs, Appellants, v. PIONEER DEVELOPMENT COMPANY, TAMARACK INVESTORS CO., INC. AND PIONEER BERKSHIRE CROSSING COMPANY, Defendants, Appellees. No. 99-1538United States Court of Appeals, First Circuit. June 9, 2000 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Frank H. Freedman, Senior U.S. District […]

NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. PILGRIM FOODS, INC., RESPONDENT. No. 78-1120.United States Court of Appeals, First Circuit.Argued September 8, 1978. Decided December 29, 1978. As Amended January 26, 1979. Page 111 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 112 William […]

SIDNEY ABBOTT, ET AL., PLAINTIFFS, APPELLEES, v. RANDON BRAGDON, D.M.D., DEFENDANT, APPELLANT. No. 96-1643.United States Court of Appeals, First Circuit. December 29, 1998. On Remand From the Supreme Court of the United States. John W. McCarthy, with whom Brent A. Singer and Rudman Winchell, LLC, were on brief, for defendant. Stephen C. Whiting and The […]

McNEAL-EDWARDS CO. v. FRANK L. YOUNG CO. No. 2345.Circuit Court of Appeals, First Circuit. November 12, 1929. Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Jr., Judge. Action by the Frank L. Young Company against the McNeal-Edwards Company. From an adverse judgment entered on an alternative […]

DOBLE ENGINEERING CO. v. LEEDS NORTHRUP CO. No. 3775.Circuit Court of Appeals, First Circuit. February 13, 1943. Page 79 Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Action by the Leeds Northrup Company against the Doble Engineering Company for a declaratory judgment as to the […]

UNITED STATES, Appellee, v. Enrique MOTA-SANTANA, Defendant, Appellant. No. 03-1634.United States Court of Appeals, First Circuit.Submitted November 9, 2004. Decided December 8, 2004. Appeal from the United States District Court for the District of Puerto Rico, Juan M. Perez-Gimenez, J. Page 43 H. Manuel Hernandez on brief for appellant. H.S. Garcia, United States Attorney, Sonia […]

BOSTON EDISON COMPANY, Plaintiff, Appellant, v. GREAT LAKES DREDGE DOCK COMPANY et al., Defendants, Appellees. No. 7385.United States Court of Appeals, First Circuit.Heard November 4, 1969. Decided March 25, 1970. Page 892 William F. Manley, Boston, Mass., with whom Frank B. Frederick and Johnson, Clapp, Stone Jones, Boston, Mass., were on brief, for appellant. Robert […]

UNITED STATES; American Waterways Operators; International Association of Independent Tanker Owners; BIMCO; Chamber of Shipping of America, Plaintiffs, Appellees, v. Commonwealth of MASSACHUSETTS; Massachusetts Department of Environmental Protection; Deval Patrick, in his capacity as Governor of Massachusetts; Arleen O’Donnell, in her capacity as Acting Commissioner of the Massachusetts Department of Environmental Protection,[*] Defendants, Appellants, Coalition […]

UNITED STATES of America, Appellee, v. Rafael TORRES-ROSARIO, Defendant, Appellant. No. 10-1155.United States Court of Appeals, First Circuit.Heard July 26, 2011. Decided September 23, 2011. Appeal from the United States District Court for the District of Massachusetts, Nathaniel M. Gorton, J. Page 111 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

COSMO J. CATERINO, PLAINTIFF, APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. No. 85-1703.United States Court of Appeals, First Circuit.Argued January 6, 1986. Decided June 4, 1986. As Amended on Denial of Rehearing July 15, 1986. Page 2 Gary S. Matsko with whom Davis, Malm D’Agostine, Boston, Mass., was on brief, for plaintiff, appellant. Murray […]

EL DORADO TECHNICAL SERVICES, INC., PLAINTIFF, APPELLANT, v. UNION GENERAL DE TRABAJADORES DE PUERTO RICO, DEFENDANT, APPELLEE. No. 91-2063.United States Court of Appeals, First Circuit.Heard March 3, 1992. Decided April 13, 1992. Page 318 Maria Judith Ramos, with whom Lespier Munoz Noya, San Juan, P.R., was on brief, for plaintiff, appellant. Paul Schachter, with whom […]

POSTAGE METER CO. v. STANDARD MAILING MACH. CO. No. 1849.Circuit Court of Appeals, First Circuit. December 7, 1925. Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Judge. Suit by the Standard Mailing Machine Company against the Postage Meter Company. Decree for plaintiff, and defendant appeals. Affirmed. […]

PUBLIC INTEREST RESEARCH GROUP AND ENVIRONMENTAL LAW INSTITUTE, ET AL., PETITIONERS, v. FEDERAL COMMUNICATIONS COMMISSION ET AL., RESPONDENTS. No. 74-1434.United States Court of Appeals, First Circuit.Argued April 10, 1975. Decided August 18, 1975. Page 1061 Thomas R. Asher, Washington, D.C., for petitioners. John E. Ingle, Counsel, F.C.C., with whom Ashton R. Hardy, Gen. Counsel, Joseph […]

COMMONWEALTH OF MASSACHUSETTS, Plaintiff, Appellee, v. BLACKSTONE VALLEY ELECTRIC COMPANY, Defendant, Appellant. No. 94-2286United States Court of Appeals, First Circuit.Heard August 3, 1995 Decided October 6, 1995 Page 982 John Voorhees, with whom David F. Goossen, Isaacson, Rosenbaum, Woods Levy, P.C., David A. Fazzone, P.C., and McDermott, Will Emery were on brief, for appellant. Karen […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Patrick F. IZZI, d/b/a Pat Izzi Trucking Co., Respondent. No. 6459.United States Court of Appeals, First Circuit.Submitted March 30, 1965. Decided April 12, 1965. Page 754 Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Stephen B. Goldberg and Michael N. Sohn, […]

Nancy MATIAS-CORREA, Plaintiff, Appellant, v. PFIZER, INC.; Medical Card Systems, Inc., Defendants, Appellees. No. 03-1032.United States Court of Appeals, First Circuit.Submitted May 12, 2003. Decided September 25, 2003. Appeal from the United States District Court for the District of Puerto Rico, Héctor M. Laffitte, J. Page 8 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LIPMAN BROTHERS, INC., et al., Respondents. No. 6526.United States Court of Appeals, First Circuit.Heard December 6, 1965. Decided January 21, 1966. Page 16 Anthony J. Obadal, Atty., with whom Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Solomon I. Hirsh, Atty., […]

CONSTANCE DION, PLAINTIFF, APPELLEE, v. SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLANT. No. 87-1137.United States Court of Appeals, First Circuit.Submitted June 5, 1987. Decided July 9, 1987. John Aronson, Asst. Regional Counsel, Dept. of Health and Human Services, Richard V. Weibusch, U.S. Atty., and Gretchen Leah Witt, Asst. U.S. Atty., Concord, N.H., on brief […]

HENRY R. GUILD, JR. ET AL., PLAINTIFFS-APPELLEES, v. MEREDITH VILLAGE SAVINGS BANK, DEFENDANT-APPELLANT. No. 80-1470.United States Court of Appeals, First Circuit.Argued November 4, 1980. Decided December 22, 1980. Daniel J. Callaghan, Manchester, N. H., with whom Joseph A. Millimet, and Devine, Millimet, Stahl Branch Professional Association, Manchester, N. H., were on brief, for defendant-appellant. William […]

UNITED STATES OF AMERICA, APPELLEE, v. HOWARD T. WINTER, DEFENDANT-APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. MELVIN GOLDENBERG, DEFENDANT-APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. ELLIOT PAUL PRICE, DEFENDANT-APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. JAMES DeMETRI, DEFENDANT-APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. CHARLES DeMETRI, DEFENDANT-APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. JAMES MARTORANO, […]

UNITED STATES of America, Appellee, v. Alberto DE JESUS, a/k/a Alberto De Jesus Mercado, a/k/a Tito Kayak, Defendant, Appellant. No. 01-2060.United States Court of Appeals, First Circuit.Heard January 8, 2002. Decided January 28, 2002. Page 610 Appeal from the United States District Court for the District of Puerto Rico, Hector M. Laffitte, J. Linda Backiel […]

R G MORTGAGE CORPORATION and R-G Premier Bank of Puerto Rico, Plaintiffs, Appellees, v. FEDERAL HOME LOAN MORTGAGE CORPORATION, Defendant, Appellee. Doral Bank, Putative Intervenor, Appellant. No. 08-2542.United States Court of Appeals, First Circuit.Heard September 16, 2009. Decided October 1, 2009. Appeal from the United States District Court for the District of Puerto Rico, Jay […]

Eliseo RODRIGUEZ, Plaintiff, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant, Appellee. No. 6467.United States Court of Appeals, First Circuit. August 2, 1965. Page 495 Harvey B. Nachman, San Juan, P.R., with whom Nachman Feldstein, San Juan, P.R., was on brief, for appellant, by appointment by the Court. Lawrence R. Schneider, […]