Category: First Circuit Court of Appeals Opinions

UNITED STATES OF AMERICA, APPELLEE, v. JOSEPH BREWSTER, A/K/A PATRICK BREWSTER, DEFENDANT, APPELLANT. No. 93-1046.United States Court of Appeals, First Circuit.Submitted June 9, 1993. Decided July 28, 1993. Page 52 Richard K. Corley, Providence, RI, on brief, for appellant. Edwin J. Gale, U.S. Atty., and Gerard B. Sullivan, Asst. U.S. Atty., Providence, RI, on brief, […]

RHODE ISLAND DEPOSITORS ECONOMIC PROTECTION CORP., ET AL., Plaintiffs, Appellees, v. JOHN A. HAYES AND IOLA HAYES, Defendants, Appellants, v. STEVEN M. McINNIS, ET AL., Defendants, Appellees. RHODE ISLAND DEPOSITORS ECONOMIC PROTECTION CORP., ET AL., Plaintiffs, Appellees, v. ROBERT P. McGOLDRICK, Defendant, Appellant, v. STEVEN M. McINNIS, ET AL., Defendants, Appellees. Nos. 94-1767, 94-1768United States […]

CHASE NAT. BANK OF NEW YORK et al. v. SAYLES et al. No. 1882.Circuit Court of Appeals, First Circuit. March 29, 1926. Page 949 Appeal from the District Court of the United States for the District of Rhode Island. Action by the Chase National Bank of New York and another against Mary D.A. Sayles and […]

UNITED STATES v. EASTERN S.S. LINES, Inc. No. 4366.United States Court of Appeals, First Circuit. December 31, 1948. Appeal from the United States District Court for the District of Massachusetts; Arthur D. Healey, Judge. Libel by Eastern Steamship Lines, Inc. against the United States of America to recover compensation for constructive total loss of the […]

NEIL T. MULRAIN, PLAINTIFF, APPELLANT, v. BOARD OF SELECTMEN OF THE TOWN OF LEICESTER, ET AL., DEFENDANTS, APPELLEES. No. 90-2016.United States Court of Appeals, First Circuit.Heard June 3, 1991. Decided September 10, 1991. Mark I. Zarrow with whom Zarrow, George, Lian Abraham was on brief, for plaintiff, appellant. Richard J. Shea with whom Andrew C.J. […]

UNITED STATES OF AMERICA, APPELLEE, v. ANTHONY PHILLIP TARVERS, JR., DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. RICHARD J. BRENNER, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. TERRENCE J. O’DUGGAN, DEFENDANT, APPELLANT. Nos. 85-1979, 85-1980 and 85-1981.United States Court of Appeals, First Circuit.Heard October 6, 1987. Decided November 24, 1987. Page 1069 Michael […]

UNITED STATES OF AMERICA, APPELLEE, v. ELVIS LEONIDAS RUIZ-BATISTA, DEFENDANT, APPELLANT. No. 91-1322.United States Court of Appeals, First Circuit.Heard January 7, 1992. Decided February 7, 1992. Page 352 Wayne R. Foote, for defendant, appellant. F. Mark Terison, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., was on brief, for appellee. Appeal from the […]

DONNA SINGER, PLAINTIFF, APPELLEE, v. STATE OF MAINE, ET AL., DEFENDANT, APPELLEE, JOHN LAFAVER, ET AL., DEFENDANTS, APPELLANTS. No. 94-2092.United States Court of Appeals, First Circuit.Argued February 10, 1995. Decided April 13, 1995. Page 838 Roy S. McCandless, with whom Charles A. Harvey, Jr., and Verrill Dana, Portland, ME, were on brief, for appellee State […]

UNITED STATES, APPELLEE, v. MICHAEL P. FOSHER, DEFENDANT-APPELLANT. No. 96-1473.United States Court of Appeals, First Circuit.Heard May 7, 1997. Decided August 27, 1997. Page 53 George F. Gormley, by appointment of the court, with whom John D. Colucci and Gormley Colucci, P.C. were on brief for appellant. Alexandra Leake, Assistant United States Attorney, with whom […]

UNITED STATES, Appellee, v. $23,000 IN UNITED STATES CURRENCY, Defendant, René Rodríguez-Barrientos, Claimant, Appellant. No. 03-1748.United States Court of Appeals, First Circuit.Heard October 9, 2003. Decided January 23, 2004. Appeal from the United States District Court for the District of Puerto Rico, Daniel R. Dominguez, J. Page 158 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

UNITED STATES OF AMERICA, APPELLANT, v. SIDNEY NORFLETT, DEFENDANT, APPELLEE. No. 90-1736.United States Court of Appeals, First Circuit.Heard December 5, 1990. Decided December 28, 1990. Page 51 Duane J. Deskins, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., was on brief, for appellant. James S. Dilday, with whom Grayer, Brown Dilday was on […]

SECRETARY OF LABOR, U.S. DEPARTMENT OF LABOR, RESPONDENT, APPELLEE, v. OTTMAN CUSTOM PROCESSORS, INC. AND JOSEPH PIPERATO, PETITIONERS, APPELLANTS. No. 85-1719.United States Court of Appeals, First Circuit.Argued January 7, 1986. Decided February 5, 1986. Page 9 William W. Hays, with whom Chris W. Wert, Bowditch Dewey, were on brief, for petitioners, appellants. Morris R. Parker, […]

DEPARTMENT OF THE NAVY, ET AL., PETITIONERS/CROSS-RESPONDENTS, v. FEDERAL LABOR RELATIONS AUTHORITY, RESPONDENT/CROSS-PETITIONER. PORTSMOUTH FEDERAL EMPLOYEES METAL TRADES COUNCIL, AFL-CIO, INTERVENOR. No. 86-1506.United States Court of Appeals, First Circuit.Argued December 3, 1986. Decided March 31, 1987. Page 798 Mark B. Stern, Dept. of Justice, with whom William Kanter, Dept. of Justice, and Richard K. Willard, […]

Behre v. U.S. No. 87-1878.United States Court of Appeals, First Circuit. March 2, 1988. D.N.H., 665 F.Supp. 89. DECISIONS WITHOUT PUBLISHED OPINIONS AFFIRMED Page 1

Nathaniel M. STONE, M.D., Petitioner, v. William E. WILLIAMS, District Director of Internal Revenue, et al., Respondents. Misc. No. 164.United States Court of Appeals, First Circuit.Argued February 24, 1966. Decided February 25, 1966. Page 935 Murray H. Falk and Moulton, Looney, Mazzone Falk, Boston, Mass., for petitioner. W. Arthur Garrity, Jr., U.S. Atty., for respondents. […]

MARGARET MARSHALL ET AL., PLAINTIFFS-APPELLANTS, v. GEORGE J. MULRENIN ET AL., DEFENDANTS-APPELLEES. No. 74-1253.United States Court of Appeals, First Circuit.Argued October 9, 1974. Decided December 20, 1974. Page 40 Edward F. Myers, Boston, Mass., with whom Cornelius J. Sullivan, Boston, Mass., was on brief, for plaintiffs-appellants. Richard L. Neumeier, Boston, Mass., with whom Philander S. […]

GAIL MERCHANT IRVING, PLAINTIFF, APPELLEE, UNITED STATES OF AMERICA, DEFENDANT, APPELLANT, v. GAIL MERCHANT IRVING, PLAINTIFF, CROSS-APPELLANT, UNITED STATES OF AMERICA, DEFENDANT, CROSS-APPELLEE. Nos. 96-2368, 96-2369.United States Court of Appeals, First Circuit. June 8, 1998. Before TORRUELLA, Chief Judge, SELYA, BOUDIN, STAHL and LYNCH, Circuit Judges. ORDER OF COURT [1] A majority of the judges […]

BARTON v. AUTOMOBILE INS. CO. OF HARTFORD, CONN. No. 2768.Circuit Court of Appeals, First Circuit. February 18, 1933. Page 632 Appeal from the District Court of the United States for the District of Massachusetts; James A. Lowell, Judge. At Law. Action by John T. Barton against the Automobile Insurance Company of Hartford, Conn. From an […]

ROBERT B. REICH, SECRETARY OF LABOR, U.S. DEPARTMENT OF LABOR, PLAINTIFF-APPELLANT, v. NEWSPAPERS OF NEW ENGLAND, INC. D/B/A/ THE CONCORD MONITOR AND GEORGE WILSON, DEFENDANTS-APPELLEES. SECRETARY UNITED STATES DEPARTMENT OF LABOR, PLAINTIFF-APPELLEE, v. NEWSPAPERS OF NEW ENGLAND, INC. D/B/A/ THE CONCORD MONITOR AND GEORGE WILSON, DEFENDANTS-APPELLANTS. Nos. 94-1032, 94-1033.United States Court of Appeals, First Circuit.Heard […]

ROBERT A. BORUCKI, PLAINTIFF, APPELLEE, v. W. MICHAEL RYAN, ETC., DEFENDANT, APPELLANT. No. 86-1886.United States Court of Appeals, First Circuit.Heard April 9, 1987. Decided August 27, 1987. Roberta Thomas Brown, Legal Counsel to the Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., Boston, was on brief for defendant, appellant. Thomas F. McGuire, Fall River, […]

UNITED STATES, Appellee, v. Enrique MELENDEZ, Defendant, Appellant. No. 01-1388.United States Court of Appeals, First Circuit.Submitted December 7, 2001. Decided February 1, 2002. Appeal from the United States District Court for the District of Maine, Gene Carter, J. Page 17 Jane Elizabeth Lee on brief for appellant. Page 18 Paula D. Silsby, United States Attorney, […]

UNITED STATES OF AMERICA, APPELLEE, v. DANIEL H. GEORGE, JR., DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. WILLIAM PARIS, DEFENDANT, APPELLANT. Nos. 84-1195, 84-1196.United States Court of Appeals, First Circuit.Argued October 3, 1984. Decided January 16, 1985. Page 750 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

William J. SMITH, Plaintiff, Appellant, v. Gilbert J. PASQUALETTO, Defendant, Appellee. No. 5205.United States Court of Appeals, First Circuit. July 1, 1957. Page 766 Alfred Sigel, Boston, Mass., with whom Hubert Thompson, Boston, Mass., was on brief, for appellant. Thomas F. Maher, Boston, Mass., for appellee. Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit […]

KEELER et al. v. FRED T. LEY CO., Inc. No. 2766.Circuit Court of Appeals, First Circuit. May 23, 1933. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Page 500 Action by John D. Keeler and others against Fred T. Ley Company, Incorporated. Judgment for defendant, […]

UNITED STATES of America, Appellee, v. Jose R. PEREZ-CARRERA, Defendant, Appellant. No. 98-1788.United States Court of Appeals, First Circuit.Heard March 8, 2001. Decided March 16, 2001. Appeal from the United States District Court for the District of Puerto Rico, Salvador E. Casellas, J. Paul M. Koziell, by appointment of the court, on brief for appellant. […]

NATIONAL SHAWMUT BANK OF BOSTON, Plaintiff, Plaintiff in Error, v. CITY OF BOSTON, Defendant, Defendant in Error. No. 1884.Circuit Court of Appeals, First Circuit. October 20, 1925. In Error to the District Court of the United States for the District of Massachusetts. Robert H. Holt, of Boston, Mass, (Gaston, Snow, Saltonstall Hunt, of Boston, Mass., […]

PAUL REID AND MARY J. REID, PLAINTIFFS, APPELLANTS, v. KEY BANK OF SOUTHERN MAINE, INC., DEFENDANT, APPELLEE. PAUL REID AND MARY J. REID, PLAINTIFFS, APPELLEES, v. KEY BANK OF SOUTHERN MAINE, INC., DEFENDANT, APPELLANT. Nos. 86-1820, 86-1864.United States Court of Appeals, First Circuit.Argued March 2, 1987. Decided June 10, 1987. Page 10 John S. Campbell […]

ANTHONY PARISI, II, A MINOR, BY HIS PARENT AND NATURAL GUARDIAN, LORRALEE COONEY, Plaintiff, Appellee, v. SHIRLEY S. CHATER, COMMISSIONER OF SOCIAL SECURITY, Defendant, Appellant. No. 95-1230United States Court of Appeals, First Circuit.Heard September 25, 1995 Decided November 8, 1995 Page 615 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

REDMOND v. AMERICAN RY. EXPRESS CO. No. 2078.Circuit Court of Appeals, First Circuit. February 19, 1927. In Error to the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Action by David J. Redmond against the American Railway Express Company, in which Nellie E. Redmond, administratrix, was substituted as […]

UNITED STATES, Appellee, v. Edward J. FOX, Defendant, Appellant. No. 04-1325.United States Court of Appeals, First Circuit.Submitted November 2, 2004. Decided November 16, 2005. Page 317 ON REMAND FROM THE UNITED STATES SUPREME COURT Kathleen M. McCarthy on brief for appellant. Margaret D. McGaughey, Appellate Chief, and Paul D. Silsby, United States Attorney, on brief […]

William MULLIN, Antonio Lopes, David Gammons, and William Markey, Plaintiffs, Appellants, v. TOWN OF FAIRHAVEN, John T. Haaland, and Bryan Wood, Defendants, Appellees. No. 00-2355.United States Court of Appeals, First Circuit.Heard October 5, 2001. Decided March 19, 2002. Appeal from the United States District Court for the District of Massachusetts, Joseph L. Tauro, J. Page […]

UNITED STATES, APPELLEE, v. ARTHUR CARY PRYOR, A/K/A CAMDEN M. PELLER, DEFENDANT, APPELLANT. No. 90-1295.United States Court of Appeals, First Circuit.Heard February 5, 1992. Decided March 16, 1992. Page 2 Scott McLarty, Athens, Ga., for defendant, appellant. Margaret D. McGaughey, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., Portland, Me., and Jay P. […]

INSURANCE CO. OF NORTH AMERICA v. NEWTOWNE MFG. CO. INSURANCE CO. OF NORTH AMERICA v. HOLLAND TRANSP. CO., Inc. Nos. 4513, 4514.United States Court of Appeals, First Circuit. March 15, 1951. Page 676 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 677 […]

James E. McPARLIN, Petitioner, Appellant, v. WARDEN OF ADULT CORRECTIONAL INSTITUTION, Respondent, Appellee. No. 7354.United States Court of Appeals, First Circuit. December 16, 1969. William F. Reilly, Providence, R.I., for petitioner-appellant. Donald P. Ryan, Asst. Atty. Gen., with whom Herbert F. DeSimone, Atty. Gen., was on brief, for respondent-appellee. Before ALDRICH, Chief Judge, WOODBURY,[*] Senior […]

Douglas M. BRUCE, Plaintiff, Appellant, v. WEEKLY WORLD NEWS, INC., et al., Defendants, Appellees. No. 01-2345.United States Court of Appeals, First Circuit.Heard May 8, 2002. Decided October 30, 2002. Appeal from the United States District Court for the District of Massachusetts, Richard G. Stearns, J. Page 26 Andrew D. Epstein, with whom Barker, Epstein Loscocco […]

GRENDEL’S DEN, INC., PLAINTIFF, APPELLEE, v. HERBERT N. GOODWIN, ET AL., DEFENDANTS, APPELLEES, CAMBRIDGE LICENSE COMMISSION, ET AL., DEFENDANTS, APPELLANTS. GRENDEL’S DEN, INC., PLAINTIFF, APPELLEE, v. HERBERT N. GOODWIN, ET AL., DEFENDANTS, APPELLANTS. Nos. 80-1653, 80-1654.United States Court of Appeals, First Circuit.Reheard June 5, 1981. Decided July 28, 1981. Probable Jurisdiction Noted January 11, 1982. […]

HOOLEY v. UNITED STATES (three cases). Nos. 4737-4739.United States Court of Appeals, First Circuit. January 7, 1954. Page 235 Joseph J. Gottlieb, Boston, Mass. (Lawrence E. Cooke, Boston, Mass., with him on brief), for appellant. Charles F. Choate, Asst. U.S. Atty., Boston, Mass. (Anthony Julian, U.S. Atty., and Edward D. Hassan, Asst. U.S. Atty., Boston, […]

UNITED STATES OF AMERICA, APPELLEE, v. NEAL R. BRUCKMAN, DEFENDANT, APPELLANT. No. 88-1035.United States Court of Appeals, First Circuit.Heard March 1, 1989. Decided May 9, 1989. Page 58 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 59 Jeffrey M. Kaplan with whom […]

UNITED STATES OF AMERICA, APPELLEE, v. EDWIN HERNANDEZ, A/K/A EDWIN HERNANDEZ-FAVALE, DEFENDANT, APPELLANT. No. 97-1944.United States Court of Appeals, First Circuit.Heard May 5, 1998. Decided June 12, 1998. Page 31 Appeal from the United States District Court, for the District of Puerto Rico, [Hon. Juan M. Perez-Gimenez, U.S. District Judge]. Edgardo Rodriguez-Quilichini, Assistant Federal Defender, […]

IN THE MATTER OF SAMUEL A. BITHONEY. No. 71-1114 Original.United States Court of Appeals, First Circuit.Argued September 11, 1973. Decided October 23, 1973. Page 320 Lawrence P. Cohen, Asst. U.S. Atty., with whom James N. Gabriel, U.S. Atty., was on brief, for petitioner. John P. White, Jr., Boston, Mass., with whom Crane, Inker Oteri, Boston, […]

Sadek MEDIOUNI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 02-1492.United States Court of Appeals, First Circuit.Heard November 5, 2002. Decided December 20, 2002. Appeal from the Court of Appeals, Stahl, Senior Circuit Judge. Page 25 Maureen O’Sullivan, with whom Ilana Greenstein, Jeremiah Friedman, Harvey Kaplan, and Kaplan, O’Sullivan Friedman, LLP, were on brief for […]

UNITED STATES, APPELLEE, v. JAIME URICOECHEA-CASALLAS, DEFENDANT, APPELLANT. No. 90-1717.United States Court of Appeals, First Circuit.Heard May 5, 1991. Decided October 11, 1991. Page 163 Norberto Colon, by appointment of the Court, for defendant, appellant. Jose A. Quiles, Asst. U.S. Atty., with whom Daniel F. Lopez Romo, U.S. Atty., and Ernesto Hernandez-Milan, Asst. U.S. Atty., […]

UNITED STATES, APPELLEE, v. MANUEL AMADO GUERRERO, DEFENDANT, APPELLANT, UNITED STATES, APPELLEE, v. CRISPINIANO OSPINA, DEFENDANT, APPELLANT, UNITED STATES, APPELLEE, v. ORLANDO PILCO, DEFENDANT, APPELLANT, UNITED STATES, APPELLEE, v. MANUEL RIVAS, DEFENDANT, APPELLANT, UNITED STATES, APPELLEE, v. DIMAS HERNANDEZ, DEFENDANT, APPELLANT. Nos. 96-1324, 96-1325, 96-1326, 96-1327, 96-1651.United States Court of Appeals, First Circuit. May 30, […]

UNITED STATES of America, Appellee, v. Wayne VARGAS-DE JESÚS, a/k/a Waynsito, Defendant, Appellant. No. 09-1519.United States Court of Appeals, First Circuit.Heard July 28, 2010. Decided August 30, 2010. Appeal from United States District Court for the District of Puerto Rico, Aida M. Delgado-Colón, J. Page 60 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

COMMISSIONER OF INTERNAL REVENUE v. KAPLAN et al. No. 3395.Circuit Court of Appeals, First Circuit. March 2, 1939. Petition for Review of a Decision of the United States Board of Tax Appeals. Petition by the Commissioner of Internal Revenue for review of a decision of the Board of Tax Appeals determining a deficiency in estate […]

BLUEWATERS, INC., Petitioner, Appellant, v. Graham Cochrane BOAG et al., Respondents, Appellees. No. 6103.United States Court of Appeals, First Circuit. June 28, 1963. Page 834 Solomon Sandler, Gloucester, Mass., for appellant. James A. Whipple, Boston, Mass., with whom Kneeland Splane, Boston, Mass., and Mendes Mount, New York City, were on brief, for Graham Cochrane Boag […]

WILLIAM ADDISON, PLAINTIFF, v. BULK FOOD CARRIERS, INC., DEFENDANT AND THIRD-PARTY PLAINTIFF, APPELLEE, v. JOHN J. ORR SON, INC., THIRD-PARTY DEFENDANT, APPELLANT. No. 73-1362.United States Court of Appeals, First Circuit.Argued December 5, 1973. Decided January 9, 1974. David Berman, Medford, Mass., with whom Michael T. Prendergast, Boston, Mass., was on brief, for appellant. Leo F. […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. U.S. SONICS CORPORATION, Respondent. No. 6000.United States Court of Appeals, First Circuit. January 31, 1963. Page 611 Ira M. Lechner, Atty., with whom Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Warren M. Davison, Atty., Washington, D.C., were on brief, for […]

UNITED STATES, Appellee, v. James DAMON, Defendant, Appellant. No. 09-1705.United States Court of Appeals, First Circuit.Heard January 6, 2010. Decided February 18, 2010. Appeal from the United States District Court for the District of Maine, John A. Woodcock, Jr., J. Page 396 Virginia G. Villa, Assistant Public Defender, for appellant. Page 397 Margaret D. McGaughey, […]

RED STAR EXPRESS LINES, PLAINTIFF, APPELLEE, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 170, DEFENDANT, APPELLANT. RED STAR EXPRESS LINES, PLAINTIFF, APPELLANT, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 170, DEFENDANT, APPELLEE. Nos. 86-1378, 86-1466.United States Court of Appeals, First Circuit.Argued October 6, 1986. Decided January 12, 1987. Page 104 Thomas Flynn with whom Sheehan Perkins, Somerville, […]

GENERAL GMC, INC., PLAINTIFF, APPELLANT, v. VOLVO WHITE TRUCK CORP., ET AL., DEFENDANTS, APPELLEES. No. 90-1414.United States Court of Appeals, First Circuit.Heard September 14, 1990. Decided November 9, 1990. Page 307 Mary P. Harrington, with whom George W. Atkins, III, Debra R. Silberstein and Ronan, Segal Harrington, were on brief, for plaintiff, appellant. Mark E. […]

THOMAS TESSIER ET AL., PLAINTIFFS-APPELLANTS, v. STATE FARM MUTUAL INSURANCE COMPANY, DEFENDANT-APPELLEE. No. 72-1015.United States Court of Appeals, First Circuit.Submitted April 5, 1972. Decided May 1, 1972. Herbert Murphy Associates, Springfield, Mass., on brief for appellants. David B. Avery, Boston, Mass., Bruce P. Gilmore, Jr., Norwell, Mass., and David L. Delaney, Milton, Mass., on brief […]

UNITED STATES, APPELLEE, v. RALPH L. MALING, DEFENDANT, APPELLANT. UNITED STATES, APPELLEE, v. KEITH MALING, DEFENDANT, APPELLANT. UNITED STATES, APPELLEE, v. CHRIS MALING, DEFENDANT, APPELLANT. UNITED STATES, APPELLEE, v. PAUL RIZZO, DEFENDANT, APPELLANT. Nos. 90-1996, 90-1998 to 90-2000.United States Court of Appeals, First Circuit.Heard May 6, 1991. Decided August 26, 1991. Page 809 Joshua Dratel […]

UNITED STATES OF AMERICA, PETITIONER, APPELLEE, v. GEORGE ALLEE, RESPONDENT, APPELLANT. No. 88-2067.United States Court of Appeals, First Circuit.Heard August 4, 1989. Decided November 3, 1989. Page 209 George Allee on brief pro se. Wayne Budd, U.S. Atty., James I.K. Knapp, Acting Asst. Atty. Gen., Gary R. Allen, Charles E. Brookhart and David E. Brunori, […]

ESMOND MILLS et al. v. COMMISSIONER OF INTERNAL REVENUE. No. 3803.Circuit Court of Appeals, First Circuit. January 7, 1943. Page 754 Petition for Review of Decisions of the United States Board of Tax Appeals. Petition by the Esmond Mills and another to review a decision of the Board of Tax Appeals redetermining deficiencies in income […]

UNITED STATES, APPELLEE, v. ROBERTO ROSALES, DEFENDANT, APPELLANT. No. 92-1732.United States Court of Appeals, First Circuit.Heard March 9, 1994. Decided March 31, 1994. Page 764 Lydia Lizarribar-Masini, Hato Rey, PR, for appellant. Miguel A. Pereira, Asst. U.S. Atty., Hato Rey, PR, with whom Guillermo Gil, U.S. Atty., Washington, DC, and Jose A. Quiles-Espinosa, Sr. Litigation […]

UNITED STATES, APPELLEE, v. WELLS METAL FINISHING, INC., DEFENDANT, APPELLEE. APPEAL OF JOHN WELLS, DEFENDANT. No. 90-1321.United States Court of Appeals, First Circuit.Heard October 2, 1990. Decided January 4, 1991. Page 55 Arthur R. Silen with whom Serra, Jordan Carbone, P.A. were on brief, for appellant. Page 56 Richard E. Welch, III, Asst. U.S. Atty., […]

IN RE: GEORGE POPA, DEBTOR. JOHN ROUMELIOTIS, PLAINTIFF, APPELLANT, v. GEORGE POPA, DEFENDANT, APPELLEE. No. 97-9011.United States Court of Appeals, First Circuit.Submitted March 13, 1998. Decided April 2, 1998. Paul A. Gargano and Gargano Associates, P.C. on brief for appellant. Mark G. DeGiacomo, Jacqueline F. Walsh, and Roche, Carens DeGiamcomo, P.C. on brief for appellee. […]

BOOKS, INC., Defendant, Appellant, v. UNITED STATES of America, Appellee. No. 6552.United States Court of Appeals, First Circuit. April 12, 1966. Page 936 Leonard A. Kamaras, Providence, R.I., with whom John H. DiStefano, Providence, R.I., was on the brief for appellant. Frederick W. Faerber, Jr., Asst. U.S. Atty., with whom Raymond J. Pettine, U.S. Atty., […]

SEACOAST MOTORS OF SALISBURY, INC., Plaintiff, Appellant, v. DAIMLERCHRYSLER MOTORS CORPORATION, Defendant, Appellee. No. 01-1262.United States Court of Appeals, First Circuit.Submitted September 19, 2001. Decided November 8, 2001. Page 7 Appeal from the United States District Court for the District of Massachusetts, Nancy Gertner, J. Nicholas J. Decoulos and Decoulos Decoulos on brief for appellant. […]

BRAMPTON WOOLEN CO. v. COMMISSIONER OF INTERNAL REVENUE. No. 2476.Circuit Court of Appeals, First Circuit. November 26, 1930. Appeal from Board of Tax Appeals. Petition by the Brampton Woolen Company to review a decision of the United States Board of Tax Appeals, affirming a determination by the Commissioner of Internal Revenue of a deficiency in […]

Frankie SELA, Petitioner, v. Michael B. MUKASEY,[*] Attorney General, Respondent. No. 07-1837.United States Court of Appeals, First Circuit.Submitted February 5, 2008. Decided March 13, 2008. [*] Pursuant to Fed.R.App.P. 43(c)(2), Attorney General Michael B. Mukasey has been substituted for former Attorney General Alberto R. Gonzales. Page 45 Yan Wang, on brief for petitioner. Elizabeth A. […]

PONCE FEDERAL BANK, F.S.B., PLAINTIFF, APPELLEE, v. THE VESSEL “LADY ABBY”, ET AL., DEFENDANTS, APPELLEES. CRISTOBAL BURGOS RODRIGUEZ, DEFENDANT, APPELLANT. No. 92-1413.United States Court of Appeals, First Circuit.Heard September 9, 1992. Decided November 25, 1992. Page 57 Eli B. Arroyo with whom Miguel E. Miranda-Gutierrez and Figueroa-Morales Chaves-Caraballo Law Offices, were on brief, for defendant, […]

INVEST ALMAZ, Plaintiff, Appellant, v. TEMPLE-INLAND FOREST PRODUCTS CORPORATION, Defendant, Appellee. No. 00-1340.United States Court of Appeals, First Circuit.Heard November 8, 2000. Decided March 16, 2001. Appeal from the United States District Court for the District of New Hampshire, James R. Muirhead, United States Magistrate Judge. Page 58 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

CAPUANO v. UNITED STATES. No. 1886.Circuit Court of Appeals, First Circuit. November 21, 1925. In Error to the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Eugene L. Capuano was convicted of bribing federal prohibition agents, and he brings error. Reversed, verdict set aside, and case remanded. Thomas […]

UNITED STATES OF AMERICA, APPELLEE, v. ROBERT BISHOP, DEFENDANT-APPELLANT. No. 73-1269.United States Court of Appeals, First Circuit.Submitted November 5, 1973. Decided November 20, 1973. Dennis E. Curtis, New Haven, Conn., pro hac vice on brief, for defendant-appellant. James N. Gabriel, U.S. Atty., and Wayne B. Hollingsworth, Asst. U.S. Atty., on brief, for appellee. Appeal from […]

In re LAN TAMERS, INC., Debtor. Page 205 City of Springfield, MAssachusetts, Plaintiff, Appellee, v. David W. Ostrander, Trustee in Bankruptcy, Defendant, Appellant, Lan Tamers, Inc.; Bank of Western Massachusetts; Educational Technology, Inc.; Universal Service Administrative Company; Official Unsecured Creditors’ Committee of Lan Tamers, Inc., Defendants. No. 02-2309.United States Court of Appeals, First Circuit.Submitted March […]

PAUL E. OSTROSKY, PLAINTIFF, APPELLEE, v. RANDY A. SCZAPA, DEFENDANT, APPELLANT. PAUL E. OSTROSKY, PLAINTIFF, APPELLEE, v. RANDY A. SCZAPA, DEFENDANT, APPELLEE. APPEAL OF SAYBROOK FORD, INC., DEFENDANT. Nos. 88-1711, 88-1712.United States Court of Appeals, First Circuit.Heard January 10, 1989. Decided February 10, 1989. Raymond A. LaFazia with whom Gunning, LaFazia Gnys, Inc., Providence, R.I., […]

UNITED STATES OF AMERICA, APPELLEE, v. STANLEY J. BISCOE, DEFENDANT, APPELLANT. No. 74-1383.United States Court of Appeals, First Circuit.Argued April 7, 1975. Decided May 23, 1975. Patricia G. Curtin, Boston, Mass., by appointment of the Court, with whom Moulton, Looney Mazzone, Boston, Mass., was on brief, for defendant, appellant. Paul E. Troy, Asst. U.S. Atty., […]

AUREA E. VAZQUEZ RIOS, ET AL., PLAINTIFFS, APPELLEES, v. RAFAEL HERNANDEZ COLON, ETC., ET AL., DEFENDANTS, APPELLANTS. No. 86-1610.United States Court of Appeals, First Circuit.Heard December 1, 1986. Decided April 8, 1987. Submitted on Motion for Rehearing April 29, 1987. Opinion on Denial of Rehearing May 20, 1987. Page 320 Pedro Juan Perez Nieves with […]

LYMAN et al. v. COMMISSIONER OF INTERNAL REVENUE. No. 3097.Circuit Court of Appeals, First Circuit. May 23, 1936. Page 812 Petition for Review of Decision of the United States Board of Tax Appeals. Petition by Frank W. Lyman and others, executors, to review an order of the Board of Tax Appeals redetermining a deficiency in […]

UNITED STATES, APPELLEE, v. LLOYD R. HAGGERT, DEFENDANT, APPELLANT. No. 91-2293.United States Court of Appeals, First Circuit.Heard October 9, 1992. Decided November 20, 1992. Page 9 Charles F. Dalton, Jr., with whom Dalton, Baron London, Andover, Mass., were on brief, for defendant, appellant. F. Mark Terison, Asst. U.S. Atty., Augusta, Me., with whom James L. […]

CODMAN v. COMMISSIONER OF INTERNAL REVENUE. No. 2524.Circuit Court of Appeals, First Circuit. May 28, 1931. Appeal from United States Board of Tax Appeals. Proceeding between Catherine Amory Codman and the Commissioner of Internal Revenue. A decision of the Commissioner was affirmed by the Board of Tax Appeals, and Codman brings petition for review. Affirmed. […]

Lee POSNER et al., Plaintiffs, Appellants, v. PAUL’S TRUCKING SERVICE, INC., et al., Defendants, Appellees. No. 6894.United States Court of Appeals, First Circuit. July 14, 1967. Page 758 Albert P. Zabin, Boston, Mass., with whom Joseph Schneider and Edward M. Swartz, Boston, Mass., were on brief, for appellants. Walter G. Murphy, Boston, Mass., for Paul’s […]

Maria S. DÍAZ-BIGIO, Plaintiff, Appellee, v. Jorge SANTINI, in his official and personal capacity as Mayor; Dr. Alfredo Escalera, in his official and personal capacity; Maritza Aguilar-Jusino, in her official and personal capacity; Jorge Colomer-Montes, in his official and personal capacity; Elmer Sauri-Santiago, in his official and personal capacity, Defendants, Appellants, Municipality of San Juan, […]

YERARDI’S MOODY STREET RESTAURANT LOUNGE, INC., PLAINTIFF, APPELLEE, v. BOARD OF SELECTMEN OF THE TOWN OF RANDOLPH, DEFENDANT, APPELLEE. APPEAL OF JOSEPH J. SEMENSI, PAUL J. CONNORS AND MAUREEN A. DUNN, DEFENDANTS. No. 88-2242.United States Court of Appeals, First Circuit.Heard May 3, 1989. Decided June 22, 1989. John Foskett with whom Paul R. DeRensis and […]

MANOSKY et al. v. BETHLEHEM-HINGHAM SHIPYARD, Inc. No. 4424.United States Court of Appeals, First Circuit. November 9, 1949. Page 530 Nyman H. Kolodny, Boston, Mass., for appellants. Claude R. Branch, Boston, Mass. (Harold R. Medina, Jr., New York City, on the brief), for appellee. Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and CLIFFORD, District Judge. […]

David Eduardo CASTAÑEDA-CASTILLO; Carmen Julia de la Cruz-Castañeda; Piera Dina Castañeda; Pía Maribel Castañeda, Petitioners, v. Alberto R. GONZALES, Attorney General of the United States, Respondent. No. 05-2384.United States Court of Appeals, First Circuit.Heard April 4, 2007. Decided May 23, 2007. Appeal from the Court of Appeals, Torruella, Circuit Judge. Page 18 William P. Joyce […]

CHARLES FLYNN, PETITIONER, APPELLANT, v. TERRANCE HOLBROOK, ET AL., RESPONDENTS, APPELLEES. No. 84-1266.United States Court of Appeals, First Circuit.Argued September 12, 1984. Decided December 7, 1984. Barry P. Wilson, Boston, Mass., for petitioner, appellant. John A. Murphy, Sp. Asst. Atty. Gen., Providence, R.I., with whom Dennis J. Roberts, II, Atty. Gen., Providence, R.I., was on […]

UNITED STATES OF AMERICA ET AL., PLAINTIFFS-APPELLEES, v. STATE TAX COMMISSION ET AL., DEFENDANTS-APPELLANTS. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BOSTON ET AL., INTERVENORS-APPELLANTS. Nos. 72-1380, 72-1381.United States Court of Appeals, First Circuit.Argued March 8, 1973. Decided June 28, 1973. Page 964 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

UNITED STATES OF AMERICA, APPELLEE, v. GIOVANNI CASTIELLO, DEFENDANT, APPELLANT. No. 89-1606.United States Court of Appeals, First Circuit.Submitted June 26, 1989. Decided July 5, 1989. Robert W. Harrington, Boston, Mass., on Motion for Release on Bail Pending Sentencing, for defendant, appellant. Wayne A. Budd, U.S. Atty., and Paul V. Kelly, Asst. U.S. Atty., Boston, Mass., […]

ARNIE KING, PLAINTIFF, APPELLEE, v. JOSEPH HIGGINS ET AL., DEFENDANTS, APPELLANTS. No. 74-1049.United States Court of Appeals, First Circuit.Argued April 3, 1974. Decided April 24, 1974. Dennis J. LaCroix, Deputy Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., and John J. Irwin, Jr., Asst. Atty. Gen., Chief, Crim. Div. were on brief, for […]

JESSICA A. MANARITE, BY AND THROUGH HER NEXT FRIEND, CARLA MANARITE, AND CARLA MANARITE AS ADMINISTRATRIX OF THE ESTATE OF TIMOTHY MURRAY, PLAINTIFFS, APPELLANTS, v. CITY OF SPRINGFIELD, PAUL J. FENTON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS FORMER CHIEF OF POLICE, MICHAEL SOMERS AND JOHN LYNCH, INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITY AS POLICE […]

UNITED STATES OF AMERICA, APPELLEE, v. SIGFREDO RIVERA-SOLA, A/K/A FREDDY, PLAINTIFF, APPELLANT. No. 82-1100.United States Court of Appeals, First Circuit.Argued May 3, 1983. Decided July 27, 1983. Page 867 Owen S. Walker, Boston, Mass., for plaintiff, appellant. Everett M. de Jesus, Asst. U.S. Atty., Hato Rey, P.R., with whom Daniel Lopez Romo, U.S. Atty., Hato […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ALMEIDA BUS LINES, INC., Respondent. No. 6260.United States Court of Appeals, First Circuit. June 25, 1964. 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, Washington, D.C., Attorney, were on brief, for […]

WELCH v. HALL et al. No. 3836.Circuit Court of Appeals, First Circuit. March 22, 1943. Appeal from the District Court of the United States for the District of Massachusetts; Charles Edward Wyzanski, Jr., Judge. Action by John L. Hall and others, executors of the will of Sarah C. Sears, deceased, against William M. Welch, individually, […]

WARREN FREEDENFELD ASSOCIATES, INC., Plaintiff, Appellant, v. Michael P. McTIGUE, D.V.M., et al., Defendants, Appellees. Warren Freedenfeld Associates, Inc., Defendant in Counterclaim, Appellee, v. Michael P. McTigue, D.V.M., Counterclaimant, Appellant. Nos. 07-1602, 07-1603.United States Court of Appeals, First Circuit.Heard May 5, 2008. Decided June 20, 2008. Appeal from the United States District Court for the […]

VICTOR R. RODRIGUEZ-BURGOS, PLAINTIFF, APPELLANT, v. ELECTRIC ENERGY AUTHORITY, ET AL., DEFENDANTS, APPELLEES. No. 87-2059.United States Court of Appeals, First Circuit.Heard June 8, 1988. Decided August 3, 1988. Page 32 Pedro Miranda Corrada, San Juan, P.R., with whom Hector Urgell Cuebas, Santurce, P.R., was on brief, for plaintiff, appellant. Alice Net Carlo with whom Law […]

RICHARD AMANN, ET AL., PLAINTIFFS, APPELLANTS, v. TOWN OF STOW, ET AL., DEFENDANTS, APPELLEE. No. 92-2157.United States Court of Appeals, First Circuit.Submitted January 25, 1993. Decided April 29, 1993. Page 930 Richard Amann on brief pro se. Scott Harshbarger, Atty. Gen., and Beth D. Levi, Asst. Atty. Gen., Boston, MA, on brief for appellee Com. […]

Thomas F. BRODERICK, Sr., Plaintiff, Appellant, v. Thomas G. HARVEY et al., Defendants, Appellees. No. 5271.United States Court of Appeals, First Circuit. February 17, 1958. Page 275 John J. St. Andre, Framingham, Mass., with whom Sullivan St. Andre, Framingham, Mass., was on brief for appellant. Thomas H. Mahony, Boston, Mass., with whom Edward F. Mahony […]

UNITED STATES OF AMERICA, Appellant, v. STEPHEN J. FLEMMI, Defendant, Appellee. No. 99-2292.United States Court of Appeals, First Circuit. September 11, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS Hon. Mark L. Wolf, U.S. District Judge Page 79 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

BOSTON MUTUAL LIFE INSURANCE COMPANY, Defendant, Appellant, v. Albert A. VARONE, Plaintiff, Appellee. No. 5894.United States Court of Appeals, First Circuit. May 14, 1962. Page 156 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 157 James K. Edwards, Providence, R.I., with whom […]

UNITED STATES OF AMERICA, APPELLEE, v. CHRISTIAN MODEST NICHOLAS, DEFENDANT, APPELLANT. No. 97-1733.United States Court of Appeals, First Circuit.Heard December 5, 1997. Decided January 9, 1998. J. Martin Richey, of the Federal Defender Office, for appellant. Antoinette E.M. Leoney, Assistant U.S. Attorney, with whom Donald K. Stern, United States Attorney, was on brief, for appellee. […]

UNITED STATES OF AMERICA, APPELLANT, v. LESLIE ROBERTS, DEFENDANT, APPELLEE. No. 92-1341.United States Court of Appeals, First Circuit.Heard September 17, 1992. Decided October 26, 1992. Page 18 Margaret D. McGaughey, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., and Jonathan A. Toof, Asst. U.S. Atty., Portland, Me., were on brief, for appellant. Richard […]

UNITED STATES OF AMERICA, APPELLEE, v. THE LAROUCHE CAMPAIGN, ET AL., DEFENDANTS, APPELLANTS. No. 88-1863.United States Court of Appeals, First Circuit.Heard October 5, 1988. Decided January 31, 1989. Matthew H. Feinberg, with whom Matthew A. Kamholtz, Segal, Moran Feinberg, Michael W. Reilly, Hausserman, Davision Shattuck, Robert L. Rossi and Anderson Associates, P.C., Boston, Mass., were […]

UNITED STATES, APPELLEE, v. GERALDO GONZALEZ, DEFENDANT, APPELLANT. No. 99-1179.United States Court of Appeals, First Circuit.Heard November 5, 1999 Decided January 24, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE [Hon. Joseph A. DiClerico, Jr., U.S. District Judge] Page 21 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

UNITED STATES, APPELLEE, v. THOMAS J. CURRAN, DEFENDANT, APPELLANT. No. 91-1990.United States Court of Appeals, First Circuit.Heard May 8, 1992. Decided June 12, 1992. Eugene V. Mollicone, Cranston, R.I., with whom William A. DiMitri, Jr., by Appointment of the Court, and DiMitri DiMitri, Providence, R.I., were on brief, for defendant, appellant. Margaret E. Curran, Asst. […]

Arturo FORNARIS, Jr., Plaintiff, Appellee, v. The RIDGE TOOL CO. et al., Defendants, Appellants, and The Commonwealth of Puerto Rico, Intervenor. No. 7422.United States Court of Appeals, First Circuit.Submitted November 17, 1969. Decided March 17, 1970. Edward M. Borges and O’Neill Borges, Santurce, P.R., on brief for appellants. Francisco de Jesus Schuck and Fiddler, Gonzalez […]

Joseph F. CIRAVOLO, Defendant, Appellant, v. UNITED STATES of America, Appellee. No. 6921.United States Court of Appeals, First Circuit.Heard September 12, 1967. Decided October 20, 1967. Ira L. Schreiber, Providence, R.I., for appellant. William J. Gearon, Asst. U.S. Atty., with whom Edward P. Gallogly, U.S. Atty., was on brief, for appellee. Before ALDRICH, Chief Judge, […]