Category: First Circuit Court of Appeals Opinions

VINCENT A. GIANFRIDDO, PLAINTIFF, APPELLANT, v. THE WESTERN UNION TELEGRAPH COMPANY, DEFENDANT, APPELLEE. VINCENT A. GIANFRIDDO, PLAINTIFF, APPELLEE, v. THE WESTERN UNION TELEGRAPH COMPANY, DEFENDANT, CROSS-APPELLANT. Nos. 85-1604, 85-1605.United States Court of Appeals, First Circuit.Argued January 8, 1986. Decided March 21, 1986. Page 7 Christy A. Pano, with whom Pano Maloney was on brief, for […]

PLYMOUTH COUNTY TRUST CO. v. MacDONALD. No. 2541.Circuit Court of Appeals, First Circuit. November 21, 1931. Page 828 Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Petition by Walter J. MacDonald, trustee in the bankruptcy of Craig, Reed Emerson, Inc., alleging that an application by […]

Alan NISSELSON, Trustee of the Dictaphone Litigation Trust, Plaintiff, Appellant, v. Jo LERNOUT et al. Defendants, Appellees. No. 05-1774.United States Court of Appeals, First Circuit.Heard September 13, 2006. Decided November 8, 2006. Appeal from the United States District Court for the District of Massachusetts, Patti B. Saris, J. Page 144 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

Maria ZUKOWSKI, Plaintiff, Appellant, v. ST. LUKES HOME CARE PROGRAM, Defendant, Appellee. No. 02-1887.United States Court of Appeals, First Circuit.Heard March 5, 2003. Decided April 18, 2003. Appeal from the United States District Court for the District of Puerto Rico, Jay A. Garcia-Gregory, J. Page 279 Idalia Marie Diaz Pedrosa with whom Moreda Moreda was […]

NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. STEINERFILM, INC., RESPONDENT. No. 81-1437.United States Court of Appeals, First Circuit.Argued December 11, 1981. Decided February 5, 1982. Page 846 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 847 Steven M. Fetter, Washington, D.C., with whom […]

ATLANTIC CAPE FISHERIES, PLAINTIFF-APPELLANT, v. HARTFORD FIRE INSURANCE COMPANY, DEFENDANT-APPELLEE. No. 74-1332.United States Court of Appeals, First Circuit.Argued January 8, 1975. Decided January 29, 1975. Page 578 Joseph F. Lyons, Boston, Mass., with whom James C. Gahan, Jr., Boston, Mass., was on brief for appellant. Myrna Putziger, Boston, Mass., with whom William T. Conlan and […]

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. BERNARD HARRIGAN, DEFENDANT-APPELLANT. No. 78-1137.United States Court of Appeals, First Circuit.Argued September 8, 1978. Decided November 14, 1978. Page 861 Thomas G. Shapiro, Boston, Mass., by appointment of the court, with whom Silverglate, Shapiro Gertner, Boston, Mass., was on brief, for appellant. Sara Criscitelli, Atty., Dept. of Justice, Washington, […]

VULCAN TOOLS OF PUERTO RICO, PLAINTIFF, APPELLANT, v. MAKITA USA, INC., DEFENDANT, APPELLEE. No. 93-2089.United States Court of Appeals, First Circuit.Heard March 8, 1994. Decided May 4, 1994. Rehearing and Suggestion for Rehearing En Banc Denied May 25, 1994. Wilfredo A. Geigel, with whom Law Offices of Wilfredo A. Geigel was on brief, for appellant. […]

EILEEN M. McCARTHY, PLAINTIFF, APPELLANT, v. NORTHWEST AIRLINES, INC., DEFENDANT, APPELLEE. No. 94-2282.United States Court of Appeals, First Circuit.Heard May 1, 1995. Decided May 31, 1995. Page 314 Marvin H. Greenberg, with whom Bonnie L. Karshbaum, Woburn, MA, was on brief, for appellant. Patricia A. Wilson, with whom John J. Bonistalli, Boston, MA, was on […]

WILSON v. LANAGAN, Warden. No. 3335.Circuit Court of Appeals, First Circuit. October 29, 1938. Page 545 Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Habeas corpus proceeding by John H. Wilson against Frank J.W. Lanagan, Warden. From an order of the District Court, 19 F. […]

A.G. DAVIS ICE COMPANY, Inc. et al., Defendants, Appellants, v. UNITED STATES of America, Plaintiff, Appellee. No. 6702.United States Court of Appeals, First Circuit.Heard June 7, 1966. Decided July 11, 1966. Page 935 Charles S. McLaughlin, Boston, Mass., with whom George A. McLaughlin and The McLaughlin Brothers, Boston, Mass., were on brief, for appellants. Edmund […]

IN RE CREDIT SUISSE FIRST BOSTON CORP. (Agilent Technologies, Inc.) Analyst Reports Securities Litigation. Richard Brown et al., Plaintiffs, Appellants, v. Credit Suisse First Boston LLC et al., Defendants, Appellees. No. 05-1646.United States Court of Appeals, First Circuit.Heard November 9, 2005. Decided December 12, 2005. Appeal from the United States District Court for the District […]

UNITED STATES of America, Appellee, v. Peggy L. MAXWELL, Defendant, Appellant. No. 03-2042.United States Court of Appeals, First Circuit.Heard November 4, 2003. Decided December 3, 2003. Appeal from the United States District Court for the District of Massachusetts, Mark L. Wolf, J. Page 36 Barry S. Pollack, with whom Karen A. Pickett and Donnelly, Conroy […]

UNITED STATES OF AMERICA, APPELLEE, v. FRED O’CLAIR, DEFENDANT, APPELLANT. No. 71-1260.United States Court of Appeals, First Circuit.Submitted November 15, 1971. Decided December 3, 1971. Fred O’Clair on motions pro se. Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges. PER CURIAM. [1] Defendant moves for the dismissal of his counsel, for the appointment of […]

SHIELDS-JETCO, INC., et al., Plaintiffs, Appellees, v. Emanuel TORTI, Defendant, Appellant. No. 7750.United States Court of Appeals, First Circuit. January 19, 1971. Elliot A. Salter, Providence, R.I., with whom Leonard Michaelson and Salter Michaelson, Providence, R.I., were on brief, for appellant. Thomas A. Harwood, Dallas, Tex., with whom Hinckley, Allen, Salisbury Parsons, Providence, R.I., was […]

URSULA C. WHYTE, ETC., ET AL., PLAINTIFFS, APPELLEES, v. CONNECTICUT MUTUAL LIFE INSURANCE COMPANY, DEFENDANT, APPELLANT. URSULA C. WHYTE, A/K/A WENDY WHYTE, AS TRUSTEE OF THE S. WILLIAM WHYTE REVOCABLE TRUST, PLAINTIFF, APPELLANT, v. CONNECTICUT MUTUAL LIFE INSURANCE COMPANY, DEFENDANT, APPELLEE. Nos. 86-1295, 86-1296.United States Court of Appeals, First Circuit.Argued September 9, 1986. Decided May […]

COMMISSIONER OF INTERNAL REVENUE v. WRAGG. No. 3940.Circuit Court of Appeals, First Circuit. March 6, 1944. Petition for Review of Decision of the Tax Court of the United States. Petition by Commissioner of Internal Revenue to review a decision of the Tax Court of the United States, redetermining a deficiency in the estate tax imposed […]

Kimberly M. CLOUTIER, Plaintiff, Appellant, v. COSTCO WHOLESALE CORP., Defendant, Appellee. No. 04-1475.United States Court of Appeals, First Circuit.Heard September 14, 2004. Decided December 1, 2004. Appeal from the United States District Court for the District of Massachusetts, Michael A. Ponsor, J. Page 127 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

Alice Mercedes LEE-CRESPO, Plaintiff, Appellant, v. SCHERING-PLOUGH DEL CARIBE INC., Defendant, Appellee. No. 03-1033.United States Court of Appeals, First Circuit.Heard November 5, 2003. Decided December 31, 2003. Appeal from the United States District Court for the District of Puerto Rico, Hector M. Laffitte, Chief Judge. Page 35 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

UNITED STATES of America, Appellee, v. Larry MATTHEWS, Defendant, Appellant. Nos. 05-1655, 05-1925.United States Court of Appeals, First Circuit.Heard December 4, 2006. Decided August 7, 2007. Appeal from the United States District Court for the District of Massachusetts, Joseph L. Tauro, J. Page 26 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

ROBERT B. REICH, SECRETARY OF LABOR, PLAINTIFF, APPELLANT, v. BATH IRON WORKS CORPORATION, DEFENDANT, APPELLEE. No. 94-1094.United States Court of Appeals, First Circuit.Heard June 7, 1994. Decided December 16, 1994. Rehearing and Suggestion for Rehearing En Banc Denied January 13, 1995. Page 75 Joshua T. Gillelan II, Sr. Atty., Office of the Sol., Dept. of […]

CLAIRE McDONALD, ET AL., PLAINTIFFS, APPELLEES, v. SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLANT. No. 87-1261.United States Court of Appeals, First Circuit.Heard July 28, 1987. Decided December 8, 1987. Page 1086 Etzion Brand, Office of General Counsel, Social Sec. Div., Dept. of Health and Human Services, Washington, D.C., with whom Frank L. McNamara, Jr., […]

LIBERTY MUTUAL INSURANCE CO., PLAINTIFF, APPELLANT, v. FOREMOST-McKESSON, INC., DEFENDANT, APPELLEE. Nos. 84-1373, 84-1374.United States Court of Appeals, First Circuit.Heard October 2, 1984. Decided January 11, 1985. Steven A. Rusconi, Boston, Mass., with whom Christopher C. Mansfield and Kevin M. Orme, Boston, Mass., were on brief for plaintiff, appellant. Charles R. Dougherty, Boston, Mass., with […]

UNITED STATES, Appellee, v. RAFAEL COLLAZO-APONTE, a/k/a RAFI, a/k/a RAFAELITO, Defendant, Appellant. UNITED STATES, Appellee, v. HERIBERTO ORTIZ-SANTIAGO, Defendant, Appellant. Page 164 UNITED STATES, Appellee, v. ANDRES COLON-MIRANDA, Defendant, Appellant. UNITED STATES, Appellee, v. EDWIN ORTIZ-FIGUEROA, Defendant, Appellant. UNITED STATES, Appellee, v. DAVID SAMUEL MARTINEZ-VELEZ, Defendant, Appellant. UNITED STATES, Appellee, v. JORGE MERCED-MORALES, Defendant, Appellant. […]

THOMPSON v. GETZ et al. In re PLYMOLD CORPORATION. No. 4429.United States Court of Appeals, First Circuit. December 8, 1949. Lee M. Friedman, Boston, Mass. (Sidney Werlin and Friedman, Atherton, King Page 326 Turner, Boston, Mass., with him on brief), for appellant. Alford P. Rudnick, Boston, Mass. (Saul Hahn and Rome, Brown, Rudnick Freed, Boston, […]

BOSTON NAT. BANK v. EARLY. No. 2009.Circuit Court of Appeals, First Circuit. March 5, 1927. Appeal from the District Court of the United States for the District of Massachusetts; George W. Anderson, Judge. Suit by Frederick B. Early, as trustee in bankruptcy, against the Boston National Bank. Decree for plaintiff, and defendant appeals. Affirmed. Albert […]

THE COALITION OF BLACK LEADERSHIP, ETC., ET AL., PLAINTIFFS, APPELLEES, v. VINCENT A. CIANCI, JR., ETC., ET AL., DEFENDANTS, APPELLEES, PROVIDENCE LODGE NO. 3, FRATERNAL ORDER OF POLICE, DEFENDANT, APPELLANT. No. 77-1381.United States Court of Appeals, First Circuit.Argued November 8, 1977. Decided January 27, 1978. Page 13 Joseph F. Penza, Jr., Providence, R. I., for […]

Eileen GWYN, on Her Own Behalf, and as Executrix of the Estate of Howard Gwyn, and Margaret Do, Plaintiffs, Appellants, v. LOON MOUNTAIN CORPORATION, d/b/a Loon Mountain Ski Area, Defendant, Appellee. No. 03-1047.United States Court of Appeals, First Circuit.Heard September 4, 2003. Decided November 25, 2003. Appeal from the United States District Court for the […]

PAULO ARRUDA, PLAINTIFF, APPELLANT, v. MICHAEL v. FAIR, ETC., ET AL., DEFENDANTS, APPELLEES. No. 82-1827.United States Court of Appeals, First Circuit.Argued March 11, 1983. Decided June 29, 1983. David S. Godkin, Boston, Mass., with whom Robert D. Keefe, Merriann M. Panarella, and Hale Dorr, Boston, Mass., were on brief, for plaintiff, appellant. Michael C. Donahue, […]

DEBORAH REAGAN, PLAINTIFF, APPELLANT, v. ALICE BROCK, D/B/A ALICE’S AT AVALOCH AND AVRO PROPERTIES, INC., DEFENDANT, APPELLEE. No. 79-1641.United States Court of Appeals, First Circuit.Argued May 8, 1980. Decided August 21, 1980. Page 722 Kathleen Sullivan, Boston, Mass., with whom Andrew C. Meyer, Boston, Mass., was on brief, for plaintiff, appellant. Francis Leone, Boston, Mass., […]

LUIS BONILLA, ET AL., PLAINTIFFS, APPELLEES, v. TREBOL MOTORS CORPORATION, ET AL., DEFENDANTS, APPELLEES. RICARDO GONZALEZ-NAVARRO AND CONCHITA NAVARRO DE GONZALEZ, DEFENDANTS, APPELLANTS. Nos. 97-1140, 97-1143, 97-1145United States Court of Appeals, First Circuit. July 28, 1998 Page 78 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

UNITED STATES OF AMERICA, APPELLEE, v. WILLIAM A. DIETZ, DEFENDANT, APPELLANT. No. 91-1321.United States Court of Appeals, First Circuit.Heard November 6, 1991. Decided November 27, 1991. Page 51 Arlene C. Halliday, Boothbay, Me., for defendant, appellant. Victor A. Wild, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief, for […]

KASHNER DAVIDSON SECURITIES CORP.; Victor L. Kashner; Matthew Meister; Timothy Varchetto, Plaintiffs, Appellees, v. Steven MSCISZ; Mark Mscisz; Lynda Mscisz, Defendants, Appellants. No. 07-1231.United States Court of Appeals, First Circuit.Heard October 5, 2007. Decided June 27, 2008. Appeal from the United States District Court for the District of Massachusetts, Joseph L. Tauro, J. Page 69 […]

DEVELOPMENTAL DISABILITIES ADVOCACY CENTER, INC., PLAINTIFF, APPELLANT, AND HAROLD TUTTLE, ET AL., PLAINTIFFS, APPELLEES, v. JACK MELTON, ET AL., DEFENDANTS, APPELLEES. DEVELOPMENTAL DISABILITIES ADVOCACY CENTER, INC., PLAINTIFF, APPELLEE, AND HAROLD TUTTLE, ET AL., PLAINTIFFS, APPELLANTS, v. JACK MELTON, ET AL., DEFENDANTS, APPELLEES. Nos. 81-1727, 81-1755.United States Court of Appeals, First Circuit.Argued May 4, 1982. Decided […]

WISE COOPER CO. v. COMMISSIONER OF INTERNAL REVENUE. No. 2551.Circuit Court of Appeals, First Circuit. November 21, 1931. Appeal from Board of Tax Appeals. Petition by the Wise Cooper Company for review of a decision of the Board of Tax Appeals in affirming a determination by the Commissioner of Internal Revenue relating to excess profits […]

CONSERVATION LAW FOUNDATION, ET AL., PLAINTIFFS-APPELLANTS, v. FEDERAL HIGHWAY ADMINISTRATION, ET AL., DEFENDANTS-APPELLEES. No. 93-1976.United States Court of Appeals, First Circuit.Heard February 9, 1994. Decided May 23, 1994. Page 1466 Stephen H. Burrington with whom Conservation Law Foundation, Molly Cochran, Sullivan Worcester, John Marks and J. William W. Harsch were on brief, for appellants. Thomas […]

BEN DISKIN D/B/A MASS. STATE MFG. CO., PLAINTIFF, APPELLANT, v. J.P. STEVENS CO., INC., DEFENDANT, APPELLEE. No. 87-1234.United States Court of Appeals, First Circuit.Submitted September 18, 1987. Decided December 31, 1987. Rehearing Denied January 22, 1988. Page 48 Ben Diskin, on brief, pro se. Gary R. Greenberg, P.C., Goldstein Manello, Boston, Mass., Kurt J. Wolff, […]

SARACENO’S MARKET, INC., Alleged Bankrupt, Appellant, v. HAFFENREFFER CO., Inc., et al., Creditors, Appellees. No. 5669.United States Court of Appeals, First Circuit. October 18, 1960. Maurice H. Kramer, Boston, Mass., for appellant. Robert Robinson, Widett Kruger, Boston, Mass., for appellees. Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges. PER CURIAM. In this case […]

DEACON v. UNITED STATES. No. 3601.Circuit Court of Appeals, First Circuit. December 22, 1941. Page 353 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 354 Appeal from the District Court of the United States for the District of Massachusetts; George C. Sweeney, […]

UNITED STATES of America, Appellee, v. Nigel POTTER; Daniel Bucci; and LPRI, LLC, f/k/a Bunillville Racing Association, a/k/a Lincoln Park, a/k/a Lincoln Greyhound Park, a/k/a Lincoln Park, Inc., Defendants, Appellants. Nos. 05-2676, 05-2677, 05-2678.United States Court of Appeals, First Circuit.Heard August 2, 2006. Decided September 8, 2006. Appeal from the United States District Court for […]

BERLIN v. PHŒNIX MUT. LIFE INS. CO. OF HARTFORD, CONN. No. 3541.Circuit Court of Appeals, First Circuit. June 24, 1940. Appeal from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. Action by Helen A. Merrill against the Phoenix Mutual Life Insurance Company of Hartford, Connecticut, for declaratory […]

EVELYN de JESUS, PLAINTIFF, APPELLANT, v. BANCO POPULAR de PUERTO RICO, ET AL., DEFENDANTS, APPELLEES. No. 90-1350.United States Court of Appeals, First Circuit.Heard September 11, 1990. Decided October 31, 1990. Page 233 Antonio Jimenez Miranda with whom Jimenez Segarra, Hato Rey, P.R., was on brief, for plaintiff, appellant. Frank Catala Morales, Bayamon, P.R., for defendants, […]

IN RE MAILMAN STEAM CARPET CLEANING CORP., Debtor. GARY R. LEBLANC, Appellant, v. RICHARD P. SALEM, TRUSTEE, ETC., Appellee. No. 99-1865United States Court of Appeals, First Circuit.Heard April 5, 2000. Decided May 16, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Edward F. Harrington, U.S. DistrictJudge]. Page 633 Gary […]

IN RE SPM MANUFACTURING CORPORATION, DEBTOR. OFFICIAL, UNSECURED CREDITORS’ COMMITTEE, APPELLANT, v. PETER M. STERN, CHAPTER 7 TRUSTEE OF SPM MANUFACTURING CORPORATION, AND ROBERT AND FRANCES SHAINE, APPELLEES. No. 92-1379.United States Court of Appeals, First Circuit.Heard September 15, 1992. Decided January 21, 1993. Rehearing and Rehearing En Banc Denied February 24, 1993. Page 1306 [EDITORS’ […]

ESSEX COUNTY PRESERVATION ASSOCIATION ON BEHALF OF ITSELF AND ITS MEMBERS ET AL., PLAINTIFFS-APPELLANTS, v. BRUCE CAMPBELL, AS COMMISSIONER, MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS, ET AL., DEFENDANTS-APPELLEES. No. 75-1392.United States Court of Appeals, First Circuit.Argued March 3, 1976. Decided June 18, 1976. Page 957 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

JAMES DOMINIQUE, PLAINTIFF, APPELLANT, v. WILLIAM WELD, ET AL., DEFENDANTS, APPELLEES. No. 95-1465.United States Court of Appeals, First Circuit.Heard September 15, 1995. Decided January 18, 1996. Wendy B. Golenbock, Wayland, MA, for appellant. Stephen G. Dietrick, Deputy General Counsel, with whom Nancy Ankers White, Special Assistant Attorney General, and Herbert C. Hanson, Senior Litigation Attorney, […]

MILLER, Alien Property Custodian, v. MAYER et al. MAYER v. MILLER, Alien Property Custodian. REIS v. MILLER, Alien Property Custodian, et al. Nos. 1730-1732.Circuit Court of Appeals, First Circuit. September 18, 1924. Appeals from the District Court of the United States for the District of Massachusetts; Charles F. Johnson, Judge. Suit in equity by Thomas […]

PATRICIA O’BOYLE COSTOS, PLAINTIFF, APPELLEE, v. COCONUT ISLAND CORP., D/B/A THE BERNARD HOUSE AND NEAL L. WEINSTEIN, DEFENDANTS, APPELLANTS. No. 97-2076.United States Court of Appeals, First Circuit.Heard February 6, 1998. March 2, 1998. Page 47 Scott D. Gardner, with whom Gardner, Gardner Murphy was on brief, for appellants. Raymond C. Hurley, with whom Hurley Mina […]

UNITED STATES, Plaintiff, Appellant, v. MASSACHUSETTS WATER RESOURCES AUTHORITY; Metropolitan District Commission, Defendants, Appellees. No. 00-2028.United States Court of Appeals, First Circuit.Heard May 7, 2001. Decided July 16, 2001. Appeal from the United States District Court for the District of Massachusetts, Richard G. Stearns, J. Page 37 Robert H. Oakley, Attorney, with whom Greer S. […]

UNITED STATES OF AMERICA, APPELLEE, v. DAVID LLOYD NICKENS, DEFENDANT, APPELLANT. No. 90-1041.United States Court of Appeals, First Circuit.Heard October 8, 1991. Decided January 29, 1992. Page 113 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 114 Gabriel J. Chin, by Appointment […]

Kenneth FISHMAN, Trustee of One Needham Place Realty Trust, Appellant, v. LaSALLE NATIONAL BANK, Appellee. No. 00-2032.United States Court of Appeals, First Circuit.Heard March 9, 2001. Decided April 26, 2001. Appeal from the United States District Court for the District of Massachusetts, Mark L. Wolf, J. Page 301 Marshall F. Newman and Newman Newman, P.C. […]

UNITED STATES of America, Appellee, v. Arthur D’AMARIO, III, Defendant, Appellant. No. 04-2566.United States Court of Appeals, First Circuit.Heard June 8, 2005. Decided June 23, 2005. Appeal from the United States District Court for the District of Rhode Island, William E. Smith, J. Page 254 Judith H. Mizner, Assistant Federal Public Defender, on brief, for […]

CITIZENS AWARENESS NETWORK, INC., Petitioner, and National Whistleblower Center et al., Intervenors, v. UNITED STATES of America and United States Nuclear Regulatory Commission, Respondents, and Nuclear Energy Institute, Inc., Intervenor. Public Citizen Critical Mass Energy and Environment Program et al., Petitioners, v. United States of America and United States Nuclear Regulatory Commission, Respondents. Nos. 04-1145, […]

Wayne AINSWORTH, et al., Plaintiffs, Appellants, v. Henry RISLEY, Commissioner, New Hampshire Department of Corrections, Defendant, Appellee. No. 00-1678.United States Court of Appeals, First Circuit.Heard December 14, 2000. Decided April 3, 2001. Appeal from the United States District Court for the District of New Hampshire, Steven J. McAuliffe, J. Page 210 Michael J. Sheehan for […]

BERTELSEN PETERSEN ENGINEERING CO. v. UNITED STATES. No. 2668.Circuit Court of Appeals, First Circuit. August 2, 1932. Page 746 Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Action by the Bertelsen Petersen Engineering Company against the United States. From an unsatisfactory judgment [49 F.2d 395] […]

AMERICAN AUTO INSURANCE CO., Defendant, Appellant, v. UNITED STATES of America, for the use and benefit of Alvah C. LUCE, d/b/a Northern Electric Service Supply Co., Plaintiff, Appellee. No. 5426.United States Court of Appeals, First Circuit.Heard March 3, 1959. Decided July 24, 1959. Page 407 John D. Leddy, Portland, Me., for appellant. Sidney W. Thaxter, […]

IN RE JONATHAN COOPER AND STEVEN LYNN, PETITIONERS. No. 87-1400 Orig.United States Court of Appeals, First Circuit.Submitted May 26, 1987. Decided June 9, 1987. Page 834 Norman S. Zalkind, Kimberly Homan and Zalkind, Sheketoff, Homan Rodriguez on petition for writ of mandamus for petitioner Jonathan Cooper. John Wall, David Shaughnessy and Cullen Wall on petition […]

UNITED STATES of America, Appellee v. Sean CROTO, Defendant, Appellant. No. 08-1856.United States Court of Appeals, First Circuit.Submitted May 5, 2009. Decided June 24, 2009. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, J. Page 12 Robert J. Ruffner, on brief, for appellant. Margaret D. McGaughey, Appellate Chief, […]

PON v. UNITED STATES. No. 4315.Circuit Court of Appeals, First Circuit. May 25, 1948. Appeal from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. Edwin Pon, alias, was convicted of unlawfully receiving and concealing narcotic drugs, and he appeals. Judgment affirmed. Michael Carchia, of Boston, Mass., for […]

Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Plaintiff, Appellant, v. Patrick ROSS, Individually and d/b/a Patrick Ross Company, Defendant, Appellee. No. 5917.United States Court of Appeals, First Circuit. March 12, 1962. Jacob I. Karro, Attorney, Washington, D.C., with whom Charles Donahue, Solicitor of Labor, Morton Liftin, Assistant Solicitor, Sigmund R. Balka, […]

LOUIS SIANO, PLAINTIFF, APPELLANT, v. JUSTICES OF MASSACHUSETTS, ET AL., DEFENDANTS, APPELLEES. No. 82-1467.United States Court of Appeals, First Circuit.Argued November 5, 1982. Decided January 21, 1983. Rehearing Denied February 4, 1983. Page 53 John Cavicchi, Boston, Mass., for plaintiff, appellant. Roberta Thomas Brown, Asst. Atty. Gen., Boston, Mass., Chief, Torts Division, with whom Francis […]

BARBARA F. NICOLO, PLAINTIFF, APPELLANT v. PHILLIP MORRIS, INC., LIGGETT GROUP, INC., AND LIGGETT MYERS, INC., DEFENDANTS, APPELLEES. No. 99-1497.United States Court of Appeals, First Circuit.Heard November 2, 1999. Decided January 6, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND [HON. ERNEST C. TORRES, U.S. DISTRICT JUDGE]. Page 30 […]

UNITED STATES OF AMERICA, APPELLEE, v. GERALD JAMES CROCKER, DEFENDANT, APPELLANT. No. 84-1849.United States Court of Appeals, First Circuit.Argued September 5, 1985. Decided April 9, 1986. Page 803 Jonathan Shapiro with whom Stern Shapiro, Boston, Mass., was on brief, for defendant, appellant. Victor A. Wild, Asst. U.S. Atty., with whom William F. Weld, U.S. Atty., […]

CLEAVES v. KENNEY. No. 2764.Circuit Court of Appeals, First Circuit. February 18, 1933. Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. At Law. Action by Viola M. Kenney against Charles H. Cleaves, administrator de bonis non of the estate of Ada M. Perry, deceased. Judgment […]

PALES v. PAOLI. No. 1700.Circuit Court of Appeals, First Circuit. April 14, 1925. Appeal from the District Court of the United States for the District of Porto Rico; Carlos Franco Soto, Judge. Petition for writ of habeas corpus by Jesus Pales y Diaz against Manuel Paoli. From a decree dismissing writ and remanding petitioner, he […]

AUGUSTUS JOHN CAMELIO, PLAINTIFF-APPELLANT, v. AMERICAN FEDERATION, ETC., ET AL., DEFENDANTS-APPELLEES. No. 97-1355.United States Court of Appeals, First Circuit.Heard October 3, 1997. March 5, 1998. Page 667 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 668 Lee H. Kozol, with whom Debra […]

AGUSTIN v. ORTIZ et al. No. 4527.United States Court of Appeals, First Circuit. March 14, 1951. Bolivar Pagan, San Juan, P.R., for appellant. Wilson P. Colberg, San Juan, P.R., for appellees. Before MARIS, WOODBURY and HARTIGAN, Circuit Judges. WOODBURY, Circuit Judge. In this case the Supreme Court of Puerto Rico in a carefully considered opinion […]

UNITED STATES OF AMERICA, APPELLEE, v. FRANCIS P. DAVIS, DEFENDANT, APPELLANT. No. 79-1566.United States Court of Appeals, First Circuit.Argued April 9, 1980. Decided June 12, 1980. Page 189 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 190 John F. Cicilline, Providence, R.I., […]

CHARLES P. MAHONEY, PLAINTIFF, APPELLEE, v. FRANK J. TRABUCCO, COMMISSIONER, MASSACHUSETTS DEPARTMENT OF PUBLIC SAFETY, ET AL., DEFENDANTS, APPELLANTS. No. 83-1862.United States Court of Appeals, First Circuit.Argued March 8, 1984. Decided July 2, 1984. Page 36 H. Reed Witherby, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Thomas A. Barnico, […]

UNITED STATES of America, Appellee, v. Jon R. HUGHES, Defendant, Appellant. No. 09-1646.United States Court of Appeals, First Circuit.Heard May 7, 2010. Decided April 8, 2011. Appeal from the United States District Court for the District of Maine D. Brock Hornby, J. Page 429 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

In re The HOME RESTAURANTS, INC., Debtor. Banco Bilbao Vizcaya Argentaria, Defendant, Appellant, v. Family Restaurants, Inc., and Hector Cuevas Cuevas, Plaintiffs, Appellees, Wigberto Lugo Mender, Defendant, Appellee. No. 01-9014.United States Court of Appeals, First Circuit.Heard March 5, 2002. Decided April 2, 2002. Appeal from the United States Bankruptcy Court for the District of Puerto […]

UNITED STATES OF AMERICA, APPELLEE, v. STEPHEN C. TWOMEY, DEFENDANT, APPELLANT. No. 88-1549.United States Court of Appeals, First Circuit.Heard January 9, 1989. Decided September 8, 1989. Page 47 Robert D. Richman, Federal Defender Office, for defendant, appellant. F. Dennis Saylor, IV, Asst. U.S. Atty., with whom Frank L. McNamara, Jr., U.S. Atty., was on brief […]

RILEY, Controller of State of California, v. WORCESTER COUNTY TRUST CO.[*] No. 3163.Circuit Court of Appeals, First Circuit. March 15, 1937. [*] Writ of certiorari granted 57 S.Ct. 931, 81 L.Ed. ___. Page 60 Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Suit by the […]

ROLAND W. RAMSDELL, PLAINTIFF, APPELLANT, v. G. H. COFFEY COMPANY, INC., A VERMONT CORPORATION, DEFENDANT, APPELLEE, AND UNITED STATES OF AMERICA ET AL., TRUSTEES, APPELLEES. No. 80-1566.United States Court of Appeals, First Circuit.Submitted September 5, 1980. Decided September 12, 1980. Francis J. Hallissey, Machias, Maine, on memorandum in support of motion for stay pending appeal. […]

SAVE OUR HERITAGE, INC., et al., Petitioners, v. FEDERAL AVIATION ADMINISTRATION, Respondent, and Shuttle America Corporation and Massachusetts Port Authority, Intervenors. No. 00-2340.United States Court of Appeals, First Circuit.Heard August 2, 2001. Decided October 23, 2001. Appeal from the Court of Appeals, Boudin, Chief Judge. Page 50 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

ANITA BAKER, PLAINTIFF, APPELLEE, v. DALKON SHIELD CLAIMANTS TRUST, DEFENDANT, APPELLANT. No. 98-1214.United States Court of Appeals, First Circuit.Heard July 30, 1998. Decided September 23, 1998. Appeal from the United States District Court, for the District of Massachusetts, [Hon. Joseph L. Tauro, U.S. District Judge]. Page 249 Paul F. Strain with whom Terri L. Turner, […]

UNITED STATES, APPELLEE, v. CARLOS ANGEL MUNOZ-AMADO, A/K/A CHRISTOPHER MUNOZ, DEFENDANT, APPELLANT. No. 98-1119United States Court of Appeals, First Circuit.Heard May 3, 1999. Decided June 30, 1999. Page 58 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO, [Hon. José Antonio Fusté, U.S.District Judge]. Page 59 Susana E. Faría, by appointment […]

MITCHELL G. KING, ET AL., PLAINTIFFS, APPELLEES, v. MILTON GREENBLATT, M.D., COMMISSION OF THE DEPARTMENT OF MENTAL HEALTH FOR THE COMMONWEALTH OF MASSACHUSETTS, ET AL., DEFENDANTS, APPELLEES. CLASS OF 48 + 1 AND DONALD PEARSON, ET AL., PLAINTIFFS, APPELLANTS. HAROLD G. WILLIAMS, M.D., COMMISSION OF THE DEPARTMENT OF MENTAL HEALTH FOR THE COMMONWEALTH OF MASSACHUSETTS, […]

JUAN A. MENDEZ-PALOU, PLAINTIFF, APPELLEE, v. SANTOS ROHENA-BETANCOURT, ETC., DEFENDANT, APPELLANT. JOSE M. RODRIGUEZ RAMIREZ, PLAINTIFF, APPELLEE, v. ANTONIO GONZALEZ-CHAPEL, ETC., DEFENDANT, APPELLANT. RAFAEL GIMENEZ BOEHM, PLAINTIFF, APPELLEE, v. JOSE L. RIEFKOHL, ETC., DEFENDANT, APPELLANT. Nos. 86-1267, 86-1555 and 86-1631.United States Court of Appeals, First Circuit.Argued November 7, 1986. Decided March 10, 1987. Page 1256 […]

ROSBOROUGH v. ROSSELL No. 4051.Circuit Court of Appeals, First Circuit. July 26, 1945. Page 810 Appeal from the District Court of the United States for the District of Maine; John A. Peters, Judge. Proceedings on petition of Samuel A. Rosborough against Colonel James A. Rossell, U.S.M.C., as Officer-in-Charge of the Naval Prison, Portsmouth Navy Yard, […]

DR. JOY HOCHSTADT, PLAINTIFF-APPELLANT, v. WORCESTER FOUNDATION FOR EXPERIMENTAL BIOLOGY ET AL., DEFENDANTS-APPELLEES. No. 76-1019.United States Court of Appeals, First Circuit.Argued June 1, 1976. Decided September 24, 1976. Page 223 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 224 [EDITORS’ NOTE: THIS […]

In re BANK OF NEW ENGLAND CORP., Debtor. HSBC Bank USA and JPMorgan Chase Bank, as Indenture Trustees, Appellants, v. Dr. Ben S. BRANCH, Trustee in Bankruptcy, et al., Appellees. No. 03-1321.United States Court of Appeals, First Circuit.Heard January 6, 2004. Decided April 13, 2004. Appeal from the United States Bankruptcy Court for the District […]

CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC., ET AL., PLAINTIFFS, APPELLEES, v. ROBERT A. MOSBACHER, ET AL., DEFENDANTS, APPELLEES. ASSOCIATED FISHERIES OF MAINE, ET AL., INTERVENOR DEFENDANTS, APPELLANTS. No. 91-2122.United States Court of Appeals, First Circuit.Heard March 2, 1992. Decided June 11, 1992. Page 40 Ralph J. Gillis with whom Gillis Campbell, Hingham, Mass., was […]

INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, AFL-CIO, ETC., PLAINTIFF-APPELLANT, v. PEERLESS PRESSED METAL CORPORATION, DEFENDANT-APPELLEE. No. 72-1377.United States Court of Appeals, First Circuit. April 9, 1973. Page 769 Michael A. Feinberg, Boston, Mass., with whom Flamm, Mason Paven, Boston, Mass., was on brief, for appellant. Julius Kirle, Boston, Mass., for appellee. Appeal from […]

SANCHO, Treasurer of Puerto Rico, v. HUMACAO SHIPPING CORPORATION. No. 3506.Circuit Court of Appeals, First Circuit. December 22, 1939. Page 158 Appeal from the District Court of the United States for Puerto Rico. Suit by the Humacao Shipping Corporation against Rafael Sancho Bonet, Treasurer, for a declaratory judgment with respect to the validity of certain […]

UNITED STATES OF AMERICA, APPELLEE, v. DAVID P. TWOMEY, DEFENDANT, APPELLANT. Nos. 87-1760, 87-1916.United States Court of Appeals, First Circuit.Heard April 7, 1988. Decided May 5, 1988. Page 1133 William P. Homans, Jr., with whom Homans, Hamilton, Dahmen Marshall, Boston, Mass., was on brief, for defendant, appellant. William H. Kettlewell, Asst. U.S. Atty., with whom […]

UNITED STATES, APPELLEE, v. JAMES CRUZ, DEFENDANT, APPELLANT. No. 97-2167.United States Court of Appeals, First Circuit.Heard June 3, 1998. Decided August 17, 1998. Appeal from the United States District Court for the District of Maine. [Hon. Gene Carter, U.S. District Judge]. Page 23 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

UNITED STATES OF AMERICA, APPELLEE, v. MICHAEL JAMES DeLUTIS, A/K/A JOHN DOE, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. ADOLF “GEORGE” EUNIS, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. SHIRLEY MAE EUNIS, DEFENDANT, APPELLANT. Nos. 1098, 1180, 1188.United States Court of Appeals, First Circuit.Argued September 12, 1983. Decided December 6, 1983. Page 903 […]

Martin E. CANAVERAL TOBAN, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 03-1958.United States Court of Appeals, First Circuit.Heard June 9, 2004. Decided September 22, 2004. Petition for review from the Board of Immigration Appeals. Page 41 Walter J. Gleason for petitioner. William C. Minick, Attorney, Office of Immigration Litigation, with whom Peter D. Keisler, […]

UNITED STATES, Appellee, v. John BALTAS, Sr., a/k/a Cadillac Jack, a/k/a John DiPinto, Defendant, Appellant. No. 99-1547.United States Court of Appeals, First Circuit.Heard July 31, 2000. Decided January 2, 2001. Appeal from the United States District Court for the District of Massachusetts, Michael A. Ponsor, J. Page 28 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

PAUL A. CELLA AND BARBARA CELLA, PLAINTIFFS, v. PARTENREEDEREI MS RAVENNA, DEFENDANT-APPELLEE. APPEAL OF MICHAEL B. LATTI. No. 75-1210.United States Court of Appeals, First Circuit.Argued September 10, 1975. Decided December 29, 1975. Certiorari Denied May 19, 1976. Page 16 Michael B. Latti, Boston, Mass., with whom Robert B. Fredericks and Kaplan, Latti Flannery, Boston, Mass., […]

IN RE LUDLOW HOSPITAL SOCIETY, INC., DEBTOR DAVID J. NOONAN, TRUSTEE, PLAINTIFF, APPELLANT, v. SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLEE. No. 97-1014.United States Court of Appeals, First Circuit.Heard June 4, 1997. Decided August 13, 1997. Page 23 Claudia J. Reed, with whom David J. Noonan and Cohen, Rosenthal P.C. were on brief for […]

Chris POWELL, Petitioner, Appellant, v. UNITED STATES, Respondent, Appellee. No. 05-2220.United States Court of Appeals, First Circuit.Submitted October 27, 2005. Decided December 1, 2005. Appeal from the United States District Court for the District of Maine, John A. Woodcock, Jr., J. Chris Powell, Request for a Certificate of Appealability with Brief in Support pro se. […]

EMERITO ESTRADA RIVERA-ISUZU DE P.R., INC., Plaintiff, Appellant, v. CONSUMERS UNION OF UNITED STATES, INC., Defendant, Appellee. No. 99-2333.United States Court of Appeals, First Circuit.Argued September 6, 2000. Decided November 28, 2000. Appeal from the United States District Court for the District of Puerto Rico, Daniel R. Domìnguez, J. Page 25 Lisa I. Fair with […]

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, State Of Rhode Island, Plaintiffs, Appellees, v. UNITED STATES of America; United States Department of Labor; Elaine Chao, Secretary of Labor; Occupational Safety and Health Administration; Charles N. Jeffress, Assistant Secretary of Labor for Occupational Safety and Health; Ruth E. McCully, Regional Administrator Region 1, Occupational Safety and Health […]

In re ENGAGE, INC., et al., Debtors Ropes Gray LLP, Appellant, v. Craig R. Jalbert, as Liquidating Supervisor, Appellee. No. 08-1257.United States Court of Appeals, First Circuit.Heard September 8, 2008. Decided October 6, 2008. Appeal from the United States Bankruptcy Court for the District of Massachusetts, Joel B. Rosenthal, J. Page 51 D. Ross Martin […]