Category: First Circuit Court of Appeals Opinions

LLOYD’S OF LONDON; Gothaer Versicherungen AG; Great Lakes Reinsurance (UK) PLC; ING Insurance SA, Plaintiffs, Appellants, v. William PAGÁN-SÁNCHEZ; Carmen Maldonado Ventura; Conjugal Partnership Pagán-Maldonado, Defendants/Third-Party Plaintiffs, Appellees, V. Caribbean Boat Mfg Services, Inc., d/b/a Sea Rescue and/or Vessel Assist Puerto Rico; Insurance Company XYZ; Jane Doe, Third-Party Defendants. No. 07-1709.United States Court of Appeals, […]

UNITED STATES OF AMERICA, APPELLANT, v. DAVID WALSH, DEFENDANT, APPELLEE. IN RE UNITED STATES OF AMERICA, PETITIONER. Nos. 93-1083, 93-1328.United States Court of Appeals, First Circuit.Heard September 10, 1993. Decided October 27, 1993. Page 1065 Ira Belkin, Asst. U.S. Atty., with whom Margaret E. Curran, Asst. U.S. Atty., and Lincoln C. Almond, U.S. Atty., Providence, […]

Edward CONNOLLY, Plaintiff, Appellant, v. FARRELL LINES, INC., Defendant, Appellee. No. 5486.United States Court of Appeals, First Circuit.Heard May 12, 1959. Decided July 6, 1959. Page 654 Nathan Greenberg, Boston, Mass., for appellant. Robert A. Lilly, New York City, with whom William J. O’Neill, Boston, Mass., and George W. Sullivan, New York City, were on […]

AMARILIS PARRILLA-BURGOS, ET AL., PLAINTIFFS — APPELLANTS, v. Felix HERNANDEZ-RIVERA, ET AL., DEFENDANTS — APPELLEES. No. 96-1136.United States Court of Appeals, First Circuit.Heard November 6, 1996. Decided March 19, 1997. Page 446 Appeal from United States District Court for the District of Puerto Rico, Salvador E. Casellas, J. Joan S. Peters, San Juan, PR, with […]

IVETTE SANTIAGO-NEGRON, ET AL., PLAINTIFFS, APPELLEES, v. MODESTO CASTRO-DAVILA, ETC., ET AL., DEFENDANTS, APPELLANTS. No. 87-1869.United States Court of Appeals, First Circuit.Heard June 7, 1988. Decided January 11, 1989. Rehearing and Rehearing En Banc Denied February 3, 1989. Page 432 Reina Colon De Rodriguez, Asst. Sol. Gen., Dept. of Justice, with whom Rafael Ortiz Carrion, […]

DENHOLM McKAY REALTY CO. v. COMMISSIONER OF INTERNAL REVENUE. No. 3873.Circuit Court of Appeals, First Circuit. January 7, 1944. Page 546 Petition for review of United States Board of Tax Appeals. Petition by Denholm McKay Company against the Commissioner of Internal Revenue for review of decision of United States Board of Tax Appeals, now the […]

UNITED STATES, APPELLEE, v. LUIS ANGEL TORRES-OTERO, A/K/A EL ENAMO, A/K/A LITTLE LUIS, A/K/A PRIMO, DEFENDANT-APPELLANT. LUIS A. TORRES-OTERO, PETITIONER-APPELLANT, v. UNITED STATES, RESPONDENT-APPELLEE. Nos. 98-1832, 98-2012United States Court of Appeals, First Circuit.Heard April 9, 1999 Decided September 16, 1999 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Hector […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ALMEIDA BUS LINES, INC., Respondent. No. 6261.United States Court of Appeals, First Circuit. June 25, 1964. Page 730 Vivian Asplund, Attorney, Washington, D.C., with whom Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Assistant General Counsel, and Warren M. Davison, Attorney, Washington, D.C., were on […]

UNITED STATES OF AMERICA, APPELLEE, v. JORGE ARMANDO AGUILAR-PENA, DEFENDANT, APPELLANT. No. 88-1477.United States Court of Appeals, First Circuit.Heard September 11, 1989. Decided October 12, 1989. Page 348 Francisco R. Moya Huff, Hato Rey, P.R., for defendant, appellant. Jose R. Gaztambide, Asst. U.S. Atty., with whom Daniel F. Lopez Romo, U.S. Atty., San Juan, P.R., […]

NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. BAND-AGE, INC., RESPONDENT. No. 75-1355.United States Court of Appeals, First Circuit. Decided April 13, 1976.Argued January 6, 1976. Page 2 Janet C. McCaa, Washington, D.C., Atty., with whom John S. Irving, Jr., Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and John H. Ferguson, Atty., Washington, D.C., were on […]

AMANULLAH AND WAHIDULLAH, PETITIONERS, APPELLEES, v. CHARLES T. COBB, ETC., RESPONDENT, APPELLANT. No. 87-1695.United States Court of Appeals, First Circuit.Heard February 1, 1988. Decided November 22, 1988. Joseph F. Ciolino, Office of Immigration Litigation, Civ. Div., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Civ. Div., and Richard M. Evans, Asst. Director, […]

RICHARD JACQUES, PLAINTIFF-APPELLANT, v. CLEAN-UP GROUP, INC., DEFENDANT-APPELLEE. No. 95-2209.United States Court of Appeals, First Circuit.Heard April 3, 1996 Decided September 19, 1996. Page 507 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 508 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

UNITED STATES of America, Appellee, v. Emilio CORREA-ALICEA, Geraldo Santiago-Torres, Defendants, Appellants. Nos. 08-1124, 08-1125.United States Court of Appeals, First Circuit.Heard June 5, 2009. Decided October 27, 2009. Appeal from the United States District Court for the District of Puerto Rico, Francisco A. Besosa, J. Page 485 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

Petition of BLATCHLEY. No. 4201.Circuit Court of Appeals, First Circuit. October 29, 1946. Rehearing Denied December 18, 1946. Original proceeding on the petition by Harry C. Blatchley for leave to file a petition for a writ of mandamus directed to the Honorable John A. Peters, Judge of the United States District Court for the District […]

MICHAEL S. DUKAKIS, ETC., ET AL., PLAINTIFFS, APPELLANTS, v. UNITED STATES DEPARTMENT OF DEFENSE, ET AL., DEFENDANTS, APPELLEES. No. 88-1510.United States Court of Appeals, First Circuit.Heard October 4, 1988. Decided October 25, 1988. As Amended October 25, 1988. Douglas H. Wilkins, Asst. Atty. Gen., with whom James M. Shannon, Atty. Gen., and Eric Mogilnicki, Asst. […]

IVETTE GONZALEZ, ET AL., PLAINTIFFS, APPELLANTS, v. WALGREENS COMPANY AND THE TRAVELERS, DEFENDANTS, APPELLEES. No. 88-2200.United States Court of Appeals, First Circuit.Submitted June 6, 1989. Decided July 11, 1989. Hilda Rodriguez Forteza on brief, for plaintiffs, appellants. Miguel A. Raldiris, San Juan, P.R., and Rivera, Tulla Ferrer, Hato Rey, P.R., on brief, for defendants, appellees. […]

CHESHIRE MEDICAL CENTER, PLAINTIFF-APPELLANT, v. W.R. GRACE CO., DEFENDANT-APPELLEE. No. 94-1687.United States Court of Appeals, First Circuit.Heard December 7, 1994. Decided March 6, 1995. Page 27 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 28 Daniel A. Speights, Hampton, SC, with whom […]

NATIONAL ORGANIZATION FOR MARRIAGE, Plaintiff, Appellant, v. John DALUZ, in his official capacity as chairman of the Rhode Island Board of Elections, et al., Defendants, Appellees. No.10-2304.United States Court of Appeals, First Circuit.Heard April 5, 2011. Decided August 11, 2011. Appeal from the United States District Court for the District of Rhode Island, Mary M. […]

BARBARA WYTRWAL, Plaintiff-Appellant, v. SACO SCHOOL BOARD, ET AL., Defendants-Appellees. No. 95-1543United States Court of Appeals, First Circuit.Heard September 12, 1995 Decided November 21, 1995 Page 166 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 167 Carl E. Kandutsch, with whom William […]

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Appellant, v. James TAMBONE; Robert Hussey, Defendants, Appellees. No. 07-1384.United States Court of Appeals, First Circuit. July 22, 2009. Luke T. Cadigan, David H. London, Celia Delano Moore, U.S. Securities Exchange Page 55 Commission, Boston, MA, John W. Avery, U.S. Securities Exchange Commission, Washington, DC, for Plaintiff, Appellant. Paula J. […]

RUBIE ROGERS, ET AL., PLAINTIFFS, APPELLEES, v. ROBERT OKIN, M.D., ETC., ET AL., DEFENDANTS, APPELLANTS. RUBIE ROGERS, ET AL., PLAINTIFFS, APPELLANTS, v. ROBERT OKIN, M.D., ETC., ET AL., DEFENDANTS, APPELLEES. Nos. 79-1648, 79-1649.United States Court of Appeals, First Circuit.Heard April 4, 1984. Decided June 14, 1984. Page 2 William L. Pardee, Asst. Atty. Gen., Government […]

CASCO PRODUCTS CORPORATION v. ZAIGER et al. No. 3211.Circuit Court of Appeals, First Circuit. December 8, 1937. Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Patent infringement suits by the Casco Products Corporation against Max Zaiger and against the Signal Manufacturing Company, Inc. From adverse […]

CHIN WING GOON et al. v. JOHNSON, Commissioner of Immigration. No. 2116.Circuit Court of Appeals, First Circuit. June 16, 1927. Page 117 Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Habeas corpus proceeding by Chin Wing Goon and another against John P. Johnson, as Commissioner […]

CHIN SHUE TEUNG v. TILLINGHAST, U.S. Commissioner of Immigration. No. 2326.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. Habeas corpus by Chin Shue Teung against Anna C.M. Tillinghast, United States Commissioner of Immigration. Decree of dismissal, […]

ROMAN et al. v. ALVAREZ et al. No. 2275.Circuit Court of Appeals, First Circuit. February 18, 1929. Appeal from the District Court of the United States for the District of Porto Rico; Ira K. Wells, Judge. Suit by Eusebio Roman y Villaran and others against Eugenio Alvarez Martino and others. From an order dismissing a […]

John M. WISEMAN, Plaintiff, Appellant, v. UNITED STATES of America, Appellee. No. 6810.United States Court of Appeals, First Circuit. January 31, 1967. Page 817 David M. Scheffer, Boston, Mass., for appellant. Jack S. Levin, Atty., Dept. of Justice, with whom Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson and David O. Walter, Attys., Dept. of […]

REYES v. LA CAPITAL DE PUERTO RICO. No. 3365.Circuit Court of Appeals, First Circuit. August 2, 1939. Appeal from the Supreme Court of Puerto Rico. Action by Andres Quintana Reyes against La Capital De Puerto Rico to recover a parcel of land, wherein the defendant filed a counterclaim. From a judgment of the Supreme Court […]

CLARK et al. v. BOSTON-CONTINENTAL NAT. BANK et al. No. 3149.Circuit Court of Appeals, First Circuit. June 25, 1936. Appeal from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. Action at law for deceit by J. Dudley Clark and others against the Boston-Continental National Bank and others. […]

PATRICIA VENEZIA, INDIVIDUALLY, AND AS SHE IS NEXT FRIEND OF LOUIS VENEZIA, A MINOR, PLAINTIFFS, APPELLANTS, v. MILLER BREWING COMPANY ET AL., DEFENDANTS, APPELLEES. No. 80-1036.United States Court of Appeals, First Circuit.Argued May 8, 1980. Decided July 18, 1980. Page 189 William J. Rooney, Jr., Brighton, Mass., with whom Arthur J. McCabe, II, and McCabe […]

UNITED STATES of America, Plaintiff, Appellee, v. George SACKO, Defendant, Appellant. No. 00-1889.United States Court of Appeals, First Circuit.Heard February 13, 2001. Decided April 26, 2001. Appeal from the District Court, Ernest C. Torres, J. Page 22 Mark L. Stevens, on brief, for appellant. Donald C. Lockhart, Assistant U.S. Attorney, Margaret E. Curran, United States […]

JORGE L. BONILLA, PLAINTIFF, APPELLANT, v. YAMAHA MOTORS CORP., DEFENDANT, APPELLEE. No. 90-1811.United States Court of Appeals, First Circuit.Heard October 10, 1991. Decided January 31, 1992. Page 151 Alvaro R. Calderon, Jr. with whom Law Offices of Alvaro R. Calderon, Jr., Hato Rey, P.R., was on brief, for plaintiff, appellant. Jose Luis Ubarri with whom […]

MANCHESTER KNITTED FASHIONS, INC., PLAINTIFF, APPELLEE, v. AMALGAMATED COTTON GARMENT AND ALLIED INDUSTRIES FUND, AND ITS TRUSTEES: OLGA DIAZ, HENRY DROPKIN, GARRY FERRARIS, JOHN FOX, ARTHUR R. LOEVY, DANIEL MYERS, FRANK NICHOLAS, ANTILLIO SANT’ANTONIO, JACK SHEINKMAN, JOAN SUAREZ, BENEDICT BERKOWITZ, HOWARD CORBIN, MARK FISHMAN, ERIC MARGOLIN, CHARLES MILLER, BRUCE MOORE, HOUSTON PAYNE, BENJAMIN ROTHFELD, GEORGE […]

W. Aborn SPINNEY, Defendant, Appellant, v. UNITED STATES of America, Appellee. No. 6910.United States Court of Appeals, First Circuit. November 16, 1967. Certiorari Denied January 29, 1968. See 88 S.Ct. 854. Daniel B. Bickford, Boston, Mass., with whom John F. Kehoe and Ely, Bartlett, Brown Proctor, Boston, Mass., were on the brief, for appellant. John […]

ROSALY v. GONZALEZ. No. 3359.Circuit Court of Appeals, First Circuit. August 2, 1939. Page 170 Appeal from the District Court of the United States for the District of Puerto Rico; Robert A. Cooper, Judge. Proceeding between Adela Rosaly Capo, Viuda de Seix, debtor, and Amparo Gonzalez, creditor, wherein Amparo Gonzalez filed a petition for an […]

Daniel B. WATSON, Petitioner, Movant, v. Charles W. GAUGHAN, Superintendent, et al., Respondents, Movees. Misc. No. 119.United States Court of Appeals, First Circuit. November 18, 1964. Page 660 Daniel B. Watson, pro se, on motions. Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges. WOODBURY, Chief Judge. We have three motions before us filed […]

COBLEIGH et al. v. WOODS, Housing Expediter. No. 4392.United States Court of Appeals, First Circuit. January 26, 1949. Page 168 Appeals from the United States District Court for the District of New Hampshire; Aloysius J. Connor, Judge. Actions by Tighe E. Woods, Housing Expediter, Office of Housing Expediter, against Gerald F. Cobleigh and Slawsby Real […]

UNITED STATES OF AMERICA, APPELLEE, v. ALEXANDER MONTANEZ, A/K/A ARMANDO BARETA, CARLOS LOPEZ, DEFENDANT, APPELLANT. No. 95-2096.United States Court of Appeals, First Circuit.Heard March 6, 1996. Decided April 24, 1996. Page 521 Evan Slavitt with whom Kelley A. Jordan-Price and Hinckley, Allen Snyder were on brief for appellant. Geoffrey E. Hobart, Assistant United States Attorney, […]

The HOME INSURANCE COMPANY, Plaintiff, Appellant, v. ST. PAUL FIRE MARINE INSURANCE COMPANY, et al., Defendants, Appellees. No. 99-1909.United States Court of Appeals, First Circuit.Heard September 6, 2000. Decided October 11, 2000. Appeal from the United States District Court for the District of Maine, Gene Carter, J., Page 57 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

IN THE MATTER OF NEWPORT HARBOR ASSOCIATES, D/B/A NEWPORT HARBOR TREADWAY, INC., ETC. AND JAMES W. KIRBY, ETC., DEBTORS, APPELLANTS. No. 78-1180.United States Court of Appeals, First Circuit.Argued October 3, 1978. Decided December 6, 1978. Page 21 Thomas C. Mullaney, Jr., Providence, R. I., for appellants. Robert F. Flanders, Jr., Providence, R. I., with whom […]

UNITED STATES of America, Appellee, v. Brian M. HOYLE, Defendant, Appellant. No. 99-1971.United States Court of Appeals, First Circuit.Heard November 8, 2000. Decided January 8, 2001. Appeal from the District of Massachusetts, Frank H. Freedman, J. Page 2 Peter F. Kuntz for appellant. Todd E. Newhouse, Assistant United States Attorney, with whom Donald K. Stern, […]

Stephen F. FRYER, Plaintiff, Appellee, v. A.S.A.P. FIRE SAFETY CORPORATION, INC.; Joseph Sheedy; Brian Cote, Defendants, Appellants. Nos. 10-2047, 11-1021.United States Court of Appeals, First Circuit.Heard July 26, 2011. Decided September 9, 2011. Appeal from the United States District Court for the District of Massachusetts, Marianne B. Bowler, United States Magistrate Judge. Page 86 [EDITORS’ […]

COMMONWEALTH OF MASSACHUSETTS, PLAINTIFF-APPELLANT, v. UNITED STATES OF AMERICA, APPELLEE. No. 76-1277.United States Court of Appeals, First Circuit. January 28, 1977. Page 34 Terence P. O’Malley, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for plaintiff-appellant. Alfred S. Lombardi, Atty., Tax Div., Dept. of Justice, Washington, […]

MICHAEL JAMES KAVANAUGH, JR. AND MARY KAVANAUGH, ETC., PLAINTIFFS, APPELLANTS, v. GREENLEE TOOL COMPANY, DEFENDANT, APPELLEE. No. 90-1534.United States Court of Appeals, First Circuit.Heard March 4, 1991. Decided August 29, 1991. Page 8 Robert LeRoux Hernandez, with whom Lauren D. Kaufman, Malden, Mass., Dennis J. Calcagno and Calcagno, Jones Tombari, Quincy, Mass., were on brief, […]

IN RE LAHM INDUSTRIES, INC. AND INDIA HOUSE, INC., BANKRUPTS. APPEAL OF NORBERTO MEDINA-ZURINAGA AND THE ROYAL BANK OF CANADA, DEFENDANTS. No. 79-1150.United States Court of Appeals, First Circuit.Argued September 11, 1979. Decided November 21, 1979. Albert Pico, San Juan, P. R., with whom Brown, Newsom Cordova, San Juan, P. R., was on brief for […]

MICHAEL J. DALEY, PLAINTIFF, APPELLANT, v. CAPITOL BANK AND TRUST COMPANY, DEFENDANT, APPELLEE. No. 74-1261.United States Court of Appeals, First Circuit.Argued November 6, 1974. Decided November 29, 1974. Page 1376 John D. O’Reilly, Jr., Boston, Mass., with whom Philip J. Murphy, Fitchburg, Mass., was on brief, for appellant. James R. DeGiacomo, Boston, Mass., with whom […]

Joseph McLAUGHLIN, Petitioner-Appellant, v. Michael CORSINI, Respondent-Appellee. Nos. 07-2798, 08-1020.United States Court of Appeals, First Circuit.Heard May 7, 2009. Decided August 13, 2009. Appeal from the United States District Court for the District of Massachusetts, George A. O’Toole, Jr., J. Page 16 Stephen B. Hrones, with whom Michael Tumposky was on brief, for Joseph McLaughlin, […]

NATIONAL LABOR RELATIONS BOARD v. KOBRITZ. No. 4581.United States Court of Appeals, First Circuit. January 16, 1953. Page 157 George J. Bott, General Counsel, David P. Findling, Associate General Counsel, A. Norman Somers, Assistant General Counsel, and Arnold Ordman and Ruth V. Reel, all of Washington, D.C., on brief, for petitioner. Benjamin E. Gordon and […]

Jimmy PEREZ-OLIVO, Petitioner, Appellant, v. Ricardo E. CHAVEZ, Warden, M.D.C. Guaynabo, Respondent, Appellee. No. 04-1486.United States Court of Appeals, First Circuit.Heard October 6, 2004. Decided January 7, 2005. Appeal from the United States District Court for the District of Puerto Rico, Carmen Consuelo Cerezo, J. Page 46 Judith H. Mizner, Assistant Federal Public Defender, by […]

UNITED STATES OF AMERICA, APPELLEE, v. MAURICE ISABEL, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. RONALD DESCOTEAUX, A/K/A PIECE OF CAKE, A/K/A WACKY RON, DEFENDANT, APPELLANT. Nos. 90-1839, 90-1860.United States Court of Appeals, First Circuit.Heard January 8, 1991. Decided September 10, 1991. Page 1194 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

UNITED STATES, APPELLEE, v. FRANK ARACHE, DEFENDANT, APPELLANT. No. 90-1874.United States Court of Appeals, First Circuit.Heard June 6, 1991. Decided September 27, 1991. Page 130 George F. Gormley, by appointment of the Court, with whom Jackie Lynn Segel and Law Office of George F. Gormley were on brief, for defendant-appellant. Margaret E. Curran, Asst. U.S. […]

NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. AMBER DELIVERY SERVICE, INC., RESPONDENT. No. 80-1623.United States Court of Appeals, First Circuit.Argued March 3, 1981. Decided June 11, 1981. Page 58 W. Christian Schumann, Washington, D.C., with whom William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate. Gen. Counsel, Elliott […]

UNITED STATES of America, Appellee, v. Juan A. MEISES, a/k/a David Vazquez-Coss, a/k/A Juan A. Mieses, and Jose L. Reyes-Guerrero, Defendants, Appellants. Nos. 09-2235, 09-2239.United States Court of Appeals, First Circuit.Heard November 3, 2010. Decided May 13, 2011. Appeal from the District Court, for the District of Puerto Rico, Francisco Augusto Besosa, J. Page 6 […]

BOSTON ELEVATED RY. CO. v. COMMISSIONER OF INTERNAL REVENUE. No. 3780.Circuit Court of Appeals, First Circuit. November 4, 1942. Petition for Review of Decisions of United States Board of Tax Appeals. Petition by the Boston Elevated Railway Company to review decisions of the Board of Tax Appeals redetermining deficiencies in taxes imposed by the Commissioner […]

Louis J. TAGLIANETTI, Defendant, Appellant, v. UNITED STATES of America, Appellee. No. 6829.United States Court of Appeals, First Circuit.Heard April 3, 1968. Decided July 18, 1968. Page 559 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 560 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

SULAY JOBE, Petitioner, v. IMMIGRATION NATURALIZATION SERVICE, Respondent. No. 99-1064.United States Court of Appeals, First Circuit.Heard November 5, 1999. Decided May 24, 2000. ON PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS. Page 675 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

LINDA SIEGAL, ADMINISTRATRIX OF THE ESTATE OF BRIAN D. SIEGAL, PLAINTIFF, APPELLANT, v. AMERICAN HONDA MOTOR CO., INC., DEFENDANT, APPELLEE. No. 88-1129.United States Court of Appeals, First Circuit.Heard September 12, 1990. Decided December 18, 1990. Roxana Marchosky, Cambridge, Mass., for plaintiff, appellant. David H. Sempert, with whom Jane A. Treen and Cornell Gollub, Boston, Mass., […]

Henderson M. LUMATAW, Petitioner, v. Eric H. HOLDER, Jr.,[*] Attorney General of The United States, Respondent. No. 08-1757.United States Court of Appeals, First Circuit.Submitted May 4, 2009. Decided September 9, 2009. [*] Pursuant to Fed.R.App.P. 43(c)(2), Attorney General Eric H. Holder, Jr. is substituted for former Attorney General Michael B. Mukasey as respondent. Page 79 […]

WOLVERINE INSURANCE CO., Plaintiff, Appellant, v. TOWER IRON WORKS, INC., Defendant, Appellee. No. 6744.United States Court of Appeals, First Circuit.Heard September 14, 1966. Decided December 9, 1966. Page 701 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 702 Philander S. Ratzkoff, Boston, […]

FORDE v. UNITED STATES. No. 4563.United States Court of Appeals, First Circuit. June 19, 1951. Page 728 Rose Forde, pro se. Benjamin Freidson, Washington, D.C. (Ed Dupree, General Counsel, Leon J. Libeu, Asst. Gen. Counsel, and Walter A. Rochow, Special Litigation Atty., all of Office of Housing Expediter, Washington, D.C., on brief), for appellee. Before […]

PAGE, Internal Revenue Collector, v. LAFAYETTE WORSTED CO. No. 2752.Circuit Court of Appeals, First Circuit. June 15, 1933. Rehearing Denied July 26, 1933. Page 340 Appeal from the District Court of the United States for the District of Rhode Island; Ira Lloyd Letts, Judge. Action by the Lafayette Worsted Company against Frank A. Page, Collector […]

David B. FITE, Plaintiff, Appellant, v. DIGITAL EQUIPMENT CORPORATION, Defendant, Appellee. No. 99-1935.United States Court of Appeals, First Circuit.Heard September 8, 2000. November 13, 2000. Appeal from the United States District Court for the District of Massachusetts, William G. Young, J. Page 4 Christopher G. Mackaronis with whom Laura C. Fentonmiller and Bell, Boyd Lloyd […]

ELLIS, Inc., Defendant, Appellant, v. Albert P. DENIS et al., Plaintiffs, Appellees. No. 4926.United States Court of Appeals, First Circuit. July 12, 1955. Judah B. Felshin, New York City, for appellant. W.R. Hulbert, Boston, Mass., with whom Wm. W. Rymer, Jr., and Fish, Richardson Neave, Boston, Mass., were on brief, for appellees. Before MAGRUDER, Chief […]

VALLI KANDIAH RAVINDRAN, PETITIONER, v. IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT. No. 91-2055.United States Court of Appeals, First Circuit.Heard May 6, 1992. Decided September 30, 1992. Page 755 Gerald D. Wall, Greater Boston Legal Services, Boston, Mass., with whom Miriam Kelliher, Somerville, Mass., was on brief for petitioner. Charles E. Hamilton, III, Office of Immigration Litigation, […]

UNITED STATES OF AMERICA AND FRANCIS W. MURPHY, SPECIAL AGENT, INTERNAL REVENUE SERVICE, PETITIONERS, APPELLEES, v. ARTHUR ANDERSEN COMPANY, RESPONDENT, APPELLANT, AND GOOD HOPE INDUSTRIES, INC., INTERVENOR, APPELLEE. No. 79-1411.United States Court of Appeals, First Circuit.Argued December 3, 1979. Decided March 31, 1980. Page 721 Frederic W. Hickman, Chicago, Ill., with whom John L. Conlon, […]

ALFRED LANCELLOTTI, PLAINTIFF, APPELLEE, v. HONORABLE THOMAS F. FAY, ETC., ET AL., DEFENDANTS, APPELLANTS. No. 90-1122.United States Court of Appeals, First Circuit.Heard June 7, 1990. Decided July 18, 1990. Page 16 Michael P. DeFanti with whom Hinckley, Allen, Snyder Comen, was on brief, for defendants, appellants. Marty C. Marran with whom Joseph E. Marran, Jr., […]

PAN AMERICAN MATCH INC., PLAINTIFF, APPELLANT, v. SEARS, ROEBUCK AND CO. ET AL., DEFENDANTS, APPELLEES. No. 71-1152.United States Court of Appeals, First Circuit.Heard November 16, 1971. Decided January 10, 1972. Page 872 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 873 Arturo […]

STATE OF MAINE, OFFICE OF MAINE CETA, PETITIONER, v. THE UNITED STATES DEPARTMENT OF LABOR, RESPONDENT. No. 81-1352.United States Court of Appeals, First Circuit.Argued November 3, 1981. Decided January 25, 1982. Page 828 Susan P. Herman, Asst. Atty. Gen., Augusta, Maine, with whom James E. Tierney, Atty. Gen., William H. Laubenstein, III., and Peter H. […]

ALCOA STEAMSHIP COMPANY, Inc., et al., Plaintiffs, Appellants, v. Ulpiano VELEZ, Manager, Puerto Rico State Insurance Fund, Defendant, Appellee. No. 6703.United States Court of Appeals, First Circuit. April 20, 1967. Page 522 Jose L. Novas, Nicolas Jimenez, San Juan, P.R., and William E. Wright, New Orleans, La., with whom J. Ward O’Neill, New York City, […]

GALLARDO v. PORTO RICAN AMERICAN TOBACCO CO. No. 2213.Circuit Court of Appeals, First Circuit. May 31, 1928. Appeal from the District Court of the United States for the District of Porto Rico; Wells, Judge. Suit by the Porto Rican American Tobacco Company against Juan G. Gallardo, treasurer. Judgment for plaintiff, and defendant appeals. On defendant’s […]

MARTIN v. PORTLAND PIPE LINE CO. No. 4191.Circuit Court of Appeals, First Circuit. December 27, 1946. Appeal from the District Court of the United States for the District of Maine; John A. Peters, Judge. Condemnation proceedings by Portland Pipe Line Company against Leighton L. Martin and others to secure a right of way for two […]

William TALLO, Defendant, Appellant, v. UNITED STATES of America, Appellee. No. 6396.United States Court of Appeals, First Circuit.Heard December 7, 1964. Decided April 28, 1965. Joseph F. Baffoni, Cranston, R.I., for appellant. Frederick W. Faerber, Jr., Asst. U.S. Atty., with whom Raymond J. Pettine, U.S. Atty., was on brief, for appellee. Before WOODBURY, Chief Judge, […]

CONNECTU LLC, Plaintiff, Appellant, v. Mark ZUCKERBERG et al., Defendants, Appellees. No. 07-1796.United States Court of Appeals, First Circuit. April 3, 2008. Appeal from the District of Massachusetts, Douglas P. Woodlock, J. Page 83 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. 789 CASES OF LATEX SURGEON GLOVES, DEFENDANT, APPELLEE, HARRY ANDUZE-MONTANO, APPELLANT. No. 93-1554.United States Court of Appeals, First Circuit.Submitted September 14, 1993. Decided December 30, 1993. Page 13 Guillermo Ramos Luina, on brief, for appellant. Appeal from the United States District Court for the District of Puerto Rico. […]

DALTON FERNANDO GANDO-COELLO, PETITIONER, APPELLANT, v. IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT, APPELLEE. No. 89-1251.United States Court of Appeals, First Circuit.Submitted October 6, 1989. Decided October 30, 1989. John H. Ruginski, Jr., Providence, R.I., on brief, for petitioner, appellant. Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D.C., Ellen Sue Shapiro, Acting Asst. Director, and Steven […]

CPC INTERNATIONAL, INC., PLAINTIFF-APPELLANT, v. NORTHBROOK EXCESS SURPLUS INSURANCE COMPANY, DEFENDANT-APPELLEE. No. 94-1276.United States Court of Appeals, First Circuit.Heard October 3, 1994. Decided January 25, 1995. Page 1212 Jerome P. Facher, with whom Michelle D. Miller, Nicholas Carter, Hale and Dorr, Boston, MA, David L. Harris, Geoffrey A. Price and Lowenstein, Sandler, Kohl, Fisher Boylan, […]

COMMONWEALTH of Massachusetts, DIVISION OF EMPLOYMENT SECURITY, Appellant, v. UNITED STATES of America et al., Appellees. In the Matter of PROJECTRON CORPORATION, Bankrupt. No. 5402.United States Court of Appeals, First Circuit. November 19, 1958. Page 450 George Broomfield, Asst. Atty. Gen., with whom George Fingold, Atty. Gen., and Chester A. Higley, Chief Counsel, Division of […]

Diane M. CONETTA, Peter Conetta, Plaintiffs, Appellees/Cross-Appellants, v. NATIONAL HAIR CARE CENTERS, INC., Defendant, Appellant/Cross-Appellee. Robert Puto, Defendant. Nos. 00-1002, 00-1139 and 00-1216.United States Court of Appeals, First Circuit.Heard October 3, 2000. Decided January 8, 2001. Appeal from the United States District Court for the District of Rhode Island, Ronald R. Lagueux, J. Page 68 […]

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. ROBERT JAMES NOGUEIRA, DEFENDANT-APPELLANT. No. 78-1171.United States Court of Appeals, First Circuit.Argued September 6, 1978. Decided October 26, 1978. Page 24 Charles A. Clifford, Charlestown, Mass., for appellant. Robert B. Collings, First Asst. U.S. Atty., Chief, Crim. Div., Boston, Mass., with whom Edward F. Harrington, U.S. Atty., Boston, Mass., […]

In re Jacalyn S. NOSEK Debtor. Ameriquest Mortgage Company, Appellant, v. Jacalyn S. Nosek, Nominal Appellee. No. 09-1806.United States Court of Appeals, First Circuit.Heard March 1, 2010. Decided June 14, 2010. Appeal from the United States District Court for the District of Massachusetts, William G. Young, J. William F. Sheehan with whom Daniel M. Glosband, […]

UNITED STATES of America, Appellee, v. Rafael COLLAZO-APONTE, Defendant, Appellant. No. 98-1808.United States Court of Appeals, First Circuit.Heard November 4, 1999. Decided February 28, 2002. Appeal from the United States District Court of Puerto Rico, Jose Antonio Fuste, J. Page 321 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

BUILDING OFFICIALS CODE ADM., PLAINTIFF, APPELLEE, v. CODE TECHNOLOGY, INC., DEFENDANT, APPELLANT. No. 80-1124.United States Court of Appeals, First Circuit.Argued June 5, 1980. Decided August 27, 1980. Page 731 Morton David Goldberg, New York City, with whom Richard Dannay and Schwab, Goldberg, Price Dannay, New York City, were on brief, for defendant, appellant. Richard L. […]

PEDRO CASTRO ET AL., PLAINTIFFS-APPELLANTS, v. NANCY BEECHER ET AL., DEFENDANTS-APPELLEES, GEORGE A. HODGES ET AL., INTERVENORS-APPELLANTS, JEFFREY O. COUNSELL ET AL., PROPOSED INTERVENORS-APPELLANTS (THREE CASES). Nos. 71-1180, 71-1395, 71-1396.United States Court of Appeals, First Circuit.Argued January 3 and March 6, 1972. Decided April 26, 1972. As Amended May 24, 1972. Page 726 [EDITORS’ NOTE: […]

CAPE FEAR, INC., Petitioner, Appellant, v. Dennis A. MARTIN and Susan Allen, Claimants, Appellees. James E. Haley and Joseph Lemieux, Claimants. No. 02-1153.United States Court of Appeals, First Circuit.Heard September 9, 2002. Decided November 1, 2002. Appeal from the United States District Court for the District of Massachusetts, Robert E. Keeton, J. Page 497 Thomas […]

MANJON v. LEBRON.[*] No. 2095.Circuit Court of Appeals, First Circuit. December 27, 1927. [*] Rehearing denied February 15, 1928. Page 267 In Error to the District Court of the United States for the District of Porto Rico; Ira K. Wells, Judge. Action by Nicholas Ortiz Lebron against Antonio Manjony Fernandez. Judgment for plaintiff, and defendant […]

GARY M. ROSE, PLAINTIFF, APPELLANT, v. DONNA E. SHALALA, SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. No. 94-1013.United States Court of Appeals, First Circuit.Submitted March 28, 1994. Decided September 7, 1994. Page 14 Bernard A. Kansky, on brief for appellant. Donald K. Stern, U.S. Atty., Charlene A. […]

WERNER C. VON CLEMM ET AL., PLAINTIFFS, APPELLANTS, v. ROMAN ACOSTA BANUELOS ET AL., DEFENDANTS, APPELLEES. No. 74-1036.United States Court of Appeals, First Circuit.Heard April 3, 1974. Decided June 3, 1974. Page 164 Charles B. Swartwood, III, Worcester, Mass., with whom Mountain, Dearborn Whiting, Worcester, Mass., was on brief, for plaintiffs, appellants. Bruno A. Ristau, […]

MARK WILDMAN, PLAINTIFF, APPELLEE, v. LERNER STORES CORPORATION, ET AL., DEFENDANTS, APPELLANTS. MARK WILDMAN, PLAINTIFF, APPELLANT, v. LERNER STORES CORPORATION, ET AL., DEFENDANTS, APPELLEES. Nos. 84-1394, 84-1463 and 84-1462.United States Court of Appeals, First Circuit.Argued June 3, 1985. Decided August 28, 1985. Rehearing Denied in No. 84-1462 September 23, 1985. Page 606 [EDITORS’ NOTE: THIS […]

SCHMIDTKE v. CONESA. No. 3849.Circuit Court of Appeals, First Circuit. March 27, 1944. Appeal from the District Court of the United States for Puerto Rico; Cooper, Judge. Action for unpaid overtime compensation, liquidated damages, attorney’s fees, and costs under Fair Labor Standards Act by Irving V. Schmidtke against Julio M. Conesa, doing business under the […]

WALKER et al. v. COMMISSIONER OF INTERNAL REVENUE. No. 3197.Circuit Court of Appeals, First Circuit. February 12, 1937. Rehearing Denied March 24, 1937. Appeal from Board of Tax Appeals. Petition by Jonathan L. Walker and others, executors, to review an order of the Board of Tax Appeals redetermining a deficiency in the tax imposed by […]

AMCEL CORPORATION, PLAINTIFF, APPELLEE, v. INTERNATIONAL EXECUTIVE SALES, INC., AND LOU PETRONE, DEFENDANTS, APPELLANTS. No. 97-2278United States Court of Appeals, First Circuit.Heard January 4, 1999 Decided February 25, 1999 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. [Hon. Reginald C. Lindsay, U.S. District Judge] Page 33 Edward C. Cooley with whom […]

SIDNEY A. CLARK, PETITIONER, APPELLANT, v. JOHN MORAN, ETC., RESPONDENT, APPELLEE. No. 91-1128.United States Court of Appeals, First Circuit.Heard June 5, 1991. Decided August 9, 1991. Page 25 Matthew F. Medeiros with whom Flanders Medeiros, Inc., Patricia A.S. Zesk and Edwards Angell, Providence, R.I., were on brief for appellant. Jeffrey J. Greer, Asst. Atty. Gen., […]

COMMISSIONER OF INTERNAL REVENUE v. KERBAUGH. No. 2957.Circuit Court of Appeals, First Circuit. January 16, 1935. Appeal from the United States 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 against Henry S. Kerbaugh by the […]

UNITED STATES, Appellee, v. Robert WIHBEY, Defendant, Appellant. UNITED STATES, Appellee, v. Claude WHITMAN, Defendant, Appellant. Nos. 95-1291, 95-1394United States Court of Appeals, First Circuit.Heard November 8, 1995 Decided February 6, 1996 Page 762 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

ROBERT H. CALHOUN, PLAINTIFF, APPELLEE, v. ACME CLEVELAND CORPORATION AND THE CLEVELAND TWIST DRILL COMPANY, DEFENDANTS, APPELLANTS. No. 86-1332.United States Court of Appeals, First Circuit.Submitted September 12, 1986. Decided September 26, 1986. Page 559 William P. Robinson, III, John A. Houlihan, Judith Colenback Savage and Edwards Angell, Providence, R.I., on brief, for defendants, appellants. Orlando […]

JAVELIN INVESTMENT, S.A., PLAINTIFF, APPELLEE, v. MUNICIPALITY OF PONCE, DEFENDANT, APPELLANT, JUNTA ADMINISTRATIVA, MUELLES MUNICIPALES De PONCE, DEFENDANT, APPELLEE. JAVELIN INVESTMENT, S.A., PLAINTIFF, APPELLEE, v. MUNICIPALITY OF PONCE, DEFENDANT, APPELLEE, JUNTA ADMINISTRATIVA, MUELLES MUNICIPALES De PONCE, DEFENDANT, APPELLANT. Nos. 79-1466, 79-1535.United States Court of Appeals, First Circuit.Submitted October 10, 1980. Decided April 9, 1981. Rehearing […]

RALPH J. MILLER, JR., PLAINTIFF, APPELLANT, v. UNITED STATES POSTAL SERVICE, ET AL., DEFENDANTS, APPELLEES. No. 92-1796.United States Court of Appeals, First Circuit.Heard January 4, 1993. Decided February 4, 1993. Page 10 Charles G. Douglas III, with whom Douglas Douglas, Concord, NH, was on brief, for plaintiff, appellant. William B. Peer, with whom Barbara L. […]