Category: First Circuit Court of Appeals Opinions

THOMASINA MACK, PLAINTIFF, APPELLANT, v. THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC., DEFENDANT, APPELLEE. No. 88-1988.United States Court of Appeals, First Circuit.Heard February 8, 1989. Decided March 28, 1989. Page 180 John G. Bagley with whom Egan, Flanagan and Egan, P.C., Springfield, Mass., was on brief, for plaintiff, appellant. Richard P. Ward with whom […]

PROJECT B.A.S.I.C., PLAINTIFF, APPELLEE, v. JACK KEMP, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, ET AL., DEFENDANTS. PHOENIX-GRIFFIN GROUP II, LTD., ET AL., PLAINTIFF, APPELLEE, v. JACK KEMP, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, ET AL., DEFENDANTS. JACK KEMP, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, AND UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, DEFENDANTS, APPELLANTS. […]

AMERICAN INVESTMENT SECURITIES CO. v. UNITED STATES. No. 3476.Circuit Court of Appeals, First Circuit. June 7, 1940. Appeal from the District Court of the United States for the District of Massachusetts; Francis J.W. Ford, Judge. Action by the American Investment Securities Company against the United States of America to recover amount paid as capital stock […]

Clayton R. SEAVEY, Plaintiff, Appellee, v. Jo Anne B. BARNHART, Commissioner, Social Security Administration, Defendant, Appellant. No. 01-1202.United States Court of Appeals, First Circuit.Heard October 2, 2001. Decided December 27, 2001. Appeal from the United States District Court for the District of Maine, George Z. Singal, J. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

UNITED STATES OF AMERICA, APPELLEE, v. WILLIAM R. TIBOLT, DEFENDANT, APPELLANT. No. 94-2221.United States Court of Appeals, First Circuit.Heard May 1, 1995. December 29, 1995. Page 966 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 967 Anthony M. Cardinale, with whom Nicholas […]

JAMESBURY CORPORATION, Plaintiff-Appellee, v. WORCESTER VALVE COMPANY, Inc., Defendant, v. E.W. BLISS COMPANY, Intervener, Appellant. No. 71-1018.United States Court of Appeals, First Circuit.Heard April 6, 1971. Decided May 26, 1971. Page 206 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 207 James […]

Eugene SCANLON, Big Vee Boats Inc., Dennis A. Sokol, and Indemnity Insurance Company of North America, Plaintiffs, Appellants, v. M.V. SUPER SERVANT 3, Her Engines, Tackle, Apparel, Appurtenances, etc., in rem; and Dockwise Shipping B.V., Dockwise B.V., and Dockwise N.V., in personam, Defendants, Appellees. No. 05-1499.United States Court of Appeals, First Circuit.Heard October 6, 2005. […]

HAIDEE IRAGORRI, ETC., PLAINTIFF, APPELLANT, v. INTERNATIONAL ELEVATOR, INC., DEFENDANT, APPELLEE. No. 99-1188.United States Court of Appeals, First Circuit.Heard December 6, 1999 Decided January 28, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. D. Brock Hornby, U.S. District Judge] Page 9 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

Luis A. ACEVEDO-GARCÍA, et al., Plaintiffs, Appellees, v. Hon. Roberto VERA-MONROIG, Individually and as Mayor of Adjuntas, et al., Defendants, Appellants. María E. Gómez-Candelaria, et al., Plaintiffs, Appellees, v. José A. Rivera-Rodríguez, et al., Defendants, Appellants. Nos. 02-1139, 02-1340, 02-1529.United States Court of Appeals, First Circuit. July 12, 2002. Appeal from the United States District […]

Jamal MAKIEH, Petitioner, v. Eric H. HOLDER, Jr.,[*] Attorney General, Respondent. No. 08-2213.United States Court of Appeals, First Circuit.Submitted June 4, 2009. Decided July 14, 2009. [*] Pursuant to Fed.R.App.P. 43(c)(2), Eric H. HOLDER, Jr., is submitted for former Attorney General Michael B. Mukasey as the Respondent herein. herein. Appeal from the petitioned for review […]

UNITED STATES, APPELLEE, v. JORGE PEREZ-GARCIA, DEFENDANT, APPELLANT. No. 94-1697.United States Court of Appeals, First Circuit.Submitted April 6, 1995. Decided June 6, 1995. Kevin G. Little on brief, for appellant. Antonio R. Bazan, Asst. U.S. Atty., Jose A. Quiles-Espinosa, Sr. Litigation Counsel, and Guillermo Gil, U.S. Atty. on brief, for appellee. Appeal from the United […]

INDUSTRIAL TRUST CO. et al. v. BRODERICK, Collector of Internal Revenue. No. 3302.Circuit Court of Appeals, First Circuit. February 15, 1938. Page 928 Appeal from the District Court of the United States for the District of Rhode Island; John C. Mahoney, Judge. Action at law by the Industrial Trust Company and others, executors under the […]

MARITIME UNDERWATER SURVEYS, INC., PLAINTIFF, APPELLANT, v. THE UNIDENTIFIED, WRECKED AND ABANDONED SAILING VESSEL, HER TACKLE, ETC., DEFENDANT, APPELLEE. No. 83-1245.United States Court of Appeals, First Circuit.Argued August 1, 1983. Decided September 9, 1983. Dean E. Cycon, New York City, for plaintiff, appellant. E. Michael Sloman, Asst. Atty. Gen., Government Bureau, with whom Francis X. […]

LOCAL 2, INTERNATIONAL BROTHERHOOD OF TELEPHONE WORKERS, Plaintiff, Appellee, v. INTERNATIONAL BROTHERHOOD OF TELEPHONE WORKERS, Defendant, Appellant. No. 7332.United States Court of Appeals, First Circuit. October 1, 1969. Page 415 Joseph T. Doyle, Boston, Mass., for appellant. Warren H. Pyle, Boston, Mass., with whom Angoff, Goldman, Manning Pyle, Boston, Mass., was on brief, for appellee. […]

SCHOTT MOTORCYCLE SUPPLY, INC., PLAINTIFF, APPELLANT, v. AMERICAN HONDA MOTOR COMPANY, INC., DEFENDANT, APPELLEE. No. 91-2170.United States Court of Appeals, First Circuit.Heard April 6, 1992. Decided September 28, 1992. Page 59 Paul F. Macri with whom Anne B. Jud and Berman Simmons, P.A., Lewiston, Me., were on brief, for plaintiff, appellant. Robert W. Dickerson with […]

UNITED STATES of America, Appellee, v. Marcus MITCHELL, Defendant, Appellant. No. 09-1260.United States Court of Appeals, First Circuit.Submitted January 5, 2010. Decided February 22, 2010. Appeal from the United States District Court for the District of Massachusetts, George A. O’Toole, J. Page 19 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

Carmelo CORREA-RUIZ, Former Colonel, et al., Plaintiffs, Appellants, Daniel Garcia, et al., Movants, v. Honorable Luis FORTUÑO, in his Official Capacity as Governor of the Commonwealth of Puerto Rico, et al., Defendants, Appellees. No. 06-2578.United States Court of Appeals, First Circuit.Heard October 28, 2008. Decided July 7, 2009. Appeal from the United States District Court […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. LUIS MANUEL PEÑA-LORA, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. JORGE LORENZO-HERNANDEZ, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. THOMAS LORENZO-PÉREZ, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. LORENZO PEÑA-MORFE, DEFENDANT, APPELLANT. Nos. 99-1024, 99-1236, 99-1237 and 99-1238.United States Court of Appeals, […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. PROFESSIONAL AIR TRAFFIC CONTROLLERS ORGANIZATION (PATCO), PATCO LOCAL 202 ET AL., DEFENDANTS, APPELLEES, ROBERT BELANGER, PRESIDENT, DEFENDANT, APPELLANT. No. 81-1800.United States Court of Appeals, First Circuit.Argued February 8, 1982. Decided May 13, 1982. Page 2 Paul McEachern, Portsmouth, N. H., with whom Shaines, Madrigan McEachern Professional Association, Portsmouth, […]

TRADEWINDS MARKETING, INC., PLAINTIFF, APPELLANT, v. GENERAL ACCIDENT INSURANCE COMPANY PUERTO RICO LIMITED, DEFENDANT, APPELLEE. No. 87-1812.United States Court of Appeals, First Circuit.Submitted March 11, 1988. Decided April 4, 1988. Page 59 Harry R. Segarra Arroyo and Jimenez Miranda Segarra Arroyo, Hato Rey, P.R., on brief, for plaintiff, appellant. Francisco G. Bruno and Sweeting Gonzalez […]

Paula O’DONNELL, Plaintiff, Appellant, v. Donna BOGGS, The Boston Globe Employees Credit Union, Brendan Hall, William Francis, Mary Lou Meighan, Marion Doucette, Defendants, Appellees. No. 09-1659.United States Court of Appeals, First Circuit.Heard March 3, 2010. Decided July 8, 2010. Appeal from the United States District Court for the District of Massachusetts, Nancy Gertner, J. Page […]

NICHOLAS A. PALMIGIANO, APPELLANT, v. JOSEPH BAXTER ET AL., APPELLEES. No. 73-1088.United States Court of Appeals, First Circuit.Argued September 5, 1973. Decided November 16, 1973. Page 1281 Stephen J. Fortunato, Jr., with whom McKinnon Fortunato, Providence, R. I., and Ellen Katz, were on brief, for appellant. Cary J. Coen, Providence, R. I., John M. Roney, […]

CHARLES D. BONANNO LINEN SERVICE, INC., ET AL., PLAINTIFFS, APPELLEES, v. WILLIAM J. McCARTHY ET AL., DEFENDANTS, APPELLANTS. No. 75-1397.United States Court of Appeals, First Circuit.Argued January 5, 1976. Decided March 15, 1976. As Amended on Denial of Rehearing April 6, 1976. James T. Grady, Boston, Mass., with whom Grady McDonald, Boston, Mass., was on […]

UNITED KINGDOM OPTICAL CO., Limited, et al. v. AMERICAN OPTICAL CO. et al. No. 2837.Circuit Court of Appeals, First Circuit. January 3, 1934. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Suit by the United Kingdom Optical Company, Limited, and another against the American Optical […]

UNITED STATES of America, Appellee, v. Noel HERNÁNDEZ, Defendant, Appellant. No. 05-2835.United States Court of Appeals, First Circuit.Heard February 5, 2007. Decided June 15, 2007. Appeal from the United States District Court for the District of Massachusetts, William G. Young, J. Page 82 Susan E. Taylor, by Appointment of the Court, for appellant. Randall E. […]

Alfred W. TRENKLER, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee. No. 00-1657.United States Court of Appeals, First Circuit.Heard August 2, 2001. Decided October 16, 2001. Appeal from the United States District Court for the District of Massachusetts, Rya W. Zobel, J. Page 17 Charles W. Rankin, with whom Bruce W. Edmands, Richard S. […]

UNITED STATES of America, Appellee, v. Jose R. VAZQUEZ GUADALUPE; Victor J. Pacheco-Diaz, Defendants, Appellants. Nos. 02-2505, 02-2506.United States Court of Appeals, First Circuit.Submitted April 5, 2005. Decided May 18, 2005. Appeal from the United States District Court for the District of Puerto Rico, Juan M. Perez-Gimenez, J. Page 493 J. Michael McGuinness, with whom […]

UNITED STATES OF AMERICA, APPELLEE, v. JOHN IGUARAN-PALMAR, DEFENDANT, APPELLANT. No. 89-2143.United States Court of Appeals, First Circuit.Heard November 8, 1990. Decided February 4, 1991. Page 8 Carlos R. Noriega, Hato Rey, P.R., for defendant, appellant. Jose A. Quiles, Asst. U.S. Atty., with whom Daniel F. Lopez-Romo, U.S. Atty., Hato Rey, P.R., was on brief […]

UNITED STATES OF AMERICA, APPELLEE, v. JOHN JACOB WELLS, DEFENDANT, APPELLANT. No. 84-1864.United States Court of Appeals, First Circuit.Argued May 10, 1985. Decided June 26, 1985. Page 13 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 14 Mark J. Kadish, Atlanta, Ga., […]

FULLER COMPANY, PLAINTIFF, APPELLANT, v. RAMON I. GIL, INC., DEFENDANT, APPELLEE. No. 85-1566.United States Court of Appeals, First Circuit.Argued December 5, 1985. Decided January 29, 1986. Page 307 Maggie Correa-Aviles with whom Manuel A. Guzman and McConnell, Valdes, Kelley, Sifre, Griggs Ruiz-Suria, San Juan, P.R., were on brief, for plaintiff, appellant. Federico Ramirez Ros with […]

UNITED STATES of America, Appellee, v. Juan BORRERO-ACEVEDO, Defendant, Appellant. No. 06-2655.United States Court of Appeals, First Circuit.Heard May 6, 2008. Decided July 10, 2008. Appeal from the United States District Court for the Page 12 District of Puerto Rico, Daniel R. Dominguez, J. Page 13 Johnny Rivera González for appellant. Thomas F. Klumper, Assistant […]

HORTENSIA DE ALLENDE, ET AL., PLAINTIFFS, APPELLEES, v. GEORGE P. SHULTZ, SECRETARY OF STATE, ET AL., DEFENDANTS, APPELLANTS. No. 87-1469.United States Court of Appeals, First Circuit.Heard September 18, 1987. Decided April 13, 1988. Page 1112 Joel W. Nomkin, Appellate Staff, Civil Div., Dept. of Justice, with whom Michael Jay Singer, Appellate Staff, Civil Div., Dept. […]

UNITED STATES of America, Appellee, v. Andre PAGE, Defendant, Appellant. United States of America, Appellee, v. Michael E. Green, Defendant, Appellant. Nos. 06-2006, 06-2007.United States Court of Appeals, First Circuit.Heard October 2, 2007. Decided March 28, 2008. Appeal from the United States District Court for the District of Massachusetts, Nathaniel M. Gorton, J. Page 102 […]

JAMES E. O’NEIL, IN HIS CAPACITY AS ATTORNEY GENERAL FOR THE STATE OF RHODE ISLAND, PLAINTIFF, APPELLEE, v. WARREN V. PICILLO, SR., ET AL., DEFENDANTS, APPELLEES. APPEAL OF AMERICAN CYANAMID COMPANY AND ROHM HAAS COMPANY, DEFENDANTS, APPELLANTS. No. 88-1551.United States Court of Appeals, First Circuit.Heard February 27, 1989. Decided August 21, 1989. Page 177 Deming […]

DAVID MARTEL, PLAINTIFF, APPELLANT, v. MARK FRIDOVICH, ET AL., DEFENDANTS, APPELLEES. No. 93-1798.United States Court of Appeals, First Circuit.Submitted October 20, 1993. Decided December 8, 1993. David M. Martel on brief pro se. Scott Harshbarger, Atty. Gen., and Scott M. Davis, Asst. Atty. Gen., on Memorandum in Support of Motion, for Summary Affirmance, for defendants, […]

Anne MASON ex rel. CHIN JUNG THUEY, Petitioner, Appellant, v. Anna C.M. TILLINGHAST, U.S. Commissioner of Immigration, Respondent, Appellee. No. 2268.Circuit Court of Appeals, First Circuit. October 31, 1928. Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Jr., Judge. Page 1014 Walter Bates Farr, of Boston, […]

Donald G. KING, Defendant, Appellant, v. UNITED STATES of America, Appellee. No. 6612.United States Court of Appeals, First Circuit.Heard December 3, 1965. Decided January 18, 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 Robert A. Ford, Boston, Mass., […]

UNITED STATES of America, Appellee, v. Jonathan PLATTE, Defendant, Appellant. No. 08-1491.United States Court of Appeals, First Circuit.Submitted July 1, 2009. Decided August 20, 2009. Appeal from the United States District Court for the District of New Hampshire, Joseph A. DiClerico, Jr., J. Page 388 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

KEVIN W. MURPHY, ETC., ET AL., PLAINTIFFS, APPELLEES, v. TIMBERLANE REGIONAL SCHOOL DISTRICT, DEFENDANT, APPELLANT. No. 93-1828.United States Court of Appeals, First Circuit.Heard December 6, 1993. Decided April 28, 1994. Page 1187 Gerald M. Zelin, with whom Diane M. Gorrow and Soule, Leslie, Zelin, Sayward and Loughman, Salem, NH, were on brief, for appellant. Ellen […]

LIBERTY MUTUAL INSURANCE COMPANY, PETITIONER, v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT. No. 78-1215.United States Court of Appeals, First Circuit.Argued October 4, 1978. Decided February 13, 1979. Page 596 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 597 Kalvin M. Grove, Chicago, Ill., […]

In the Matter of the Complaint of NORTHERN TRANSATLANTIC CARRIERS CORPORATION et al., Appellants. No. 7399.United States Court of Appeals, First Circuit. March 17, 1970. Page 140 Eugene Underwood, New York City, with whom Antonio M. Bird, San Juan, P.R., Frank L. Wiswall, Jr., Castine, Me., and Burlingham, Underwood, Wright, White Lord, New York City, […]

EVELYN COTTO AND EDWIN TORRES, ETC., ET AL., PLAINTIFFS, APPELLANTS, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. No. 92-2440.United States Court of Appeals, First Circuit.Heard May 4, 1993. Decided May 19, 1993. Page 275 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

JOAO CARREIRO, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF TERESA V. CARREIRO, Plaintiff, Appellant, v. RHODES GILL AND CO., LTD., ET AL., Defendants, Appellees. JOAO CARREIRO, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF TERESA V. CARREIRO, Plaintiff, Appellee, v. RHODES GILL AND CO., LTD., ET AL., Defendants, Appellees, MAIN MACHINERY COMPANY, Defendant, Appellant. […]

MICHAEL COUSINS, PLAINTIFF, APPELLANT, v. SECRETARY OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, DEFENDANT, APPELLEE. No. 88-1106.United States Court of Appeals, First Circuit.Heard June 7, 1988. Decided September 20, 1988. Harold L. Lichten with whom Angoff, Goldman, Manning, Pyle, Wanger Hiatt, P.C., Boston, Mass., Marc P. Charmatz and Page 38 Sarah S. Geer, Nat. Ass’n […]

AVIATORS FOR SAFE AND FAIRER REGULATION, INC., Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent. No. 99-1888.United States Court of Appeals, First Circuit. July 25, 2000. ON PETITION FOR REVIEW OF AN ORDER OF THE FEDERAL AVIATION ADMINISTRATION — Page 223 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

UNITED STATES of America, Appellee, v. Gabriel MORALES-MADERA, Defendant, Appellant. No. 02-1220.United States Court of Appeals, First Circuit.Heard October 9, 2003. Decided November 20, 2003. Appeal from the United States District Court for the District of Puerto Rico, Hector M. Laffitte, Chief Judge. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

UNITED STATES OF AMERICA, APPELLEE, v. FRED ROMANO, DEFENDANT, APPELLANT. No. 78-1046.United States Court of Appeals, First Circuit.Argued May 1, 1978. Decided August 11, 1978. Page 2 Francis J. DiMento, Boston, Mass., with whom DiMento Sullivan, Boston, Mass., was on brief, for defendant, appellant. James J. Graham, Atty., Dept. of Justice, Washington, D.C., with whom […]

UNITED STATES, APPELLEE, v. THOMAS BARTELHO, DEFENDANT-APPELLANT. No. 95-1624.United States Court of Appeals, First Circuit.Heard October 6, 1995. Decided December 5, 1995. Page 437 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 438 Christopher W. Dilworth, Falmouth, Me., by Appointment of the […]

JOSEPH MORRIS ET AL., PLAINTIFFS-APPELLEES, v. ANTHONY TRAVISONO, DEFENDANT-APPELLANT. No. 74-1127.United States Court of Appeals, First Circuit.Argued January 7, 1975. Decided February 6, 1975. Page 1359 W. Slater Allen, Jr., Asst. Atty. Gen., with whom Richard J. Israel, Atty. Gen., was on brief, for appellant. Cary J. Coen, Providence, R. I., with whom Winograd, Shine […]

DENNIS J. DOMEGAN, PLAINTIFF, APPELLEE, v. JOSEPH PONTE, ET AL., DEFENDANTS, APPELLANTS (TWO CASES). Nos. 91-1625, 91-1753.United States Court of Appeals, First Circuit.Heard December 4, 1991. Decided August 10, 1992. Page 402 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 403 Stephen […]

BALLESTER v. DESCARTES, Treasurer of Puerto Rico, et al. No. 4459.United States Court of Appeals, First Circuit. April 18, 1950. Page 824 Charles B. Rugg, Boston, Mass. (J.J. Ortiz Alibran, Rafael O. Fernandez, Guilermo Silva, all three of San Juan, P.R., and Ropes, Gray, Best, Coolidge Rugg, Boston, Mass., with him on brief), for appellant. […]

FOOD CENTER, INC., et al., Plaintiffs, Appellants, v. FOOD FAIR STORES, INC., et al., Defendants, Appellees. FOOD FAIR STORES, INC., et al., Defendants, Appellants, v. FOOD CENTER, INC., et al., Plaintiffs, Appellees. Nos. 6605, 6606.United States Court of Appeals, First Circuit.Heard December 6, 1965. Decided March 4, 1966. Page 776 Frank L. Kozol, Boston, Mass., […]

UNITED STATES, Appellee, v. DANIEL G. SULLIVAN, Defendant-Appellant. No. 94-2194.United States Court of Appeals, First Circuit.Heard July 29, 1996 Decided October 29, 1996 Page 687 David J. Fine, by Appointment of the Court, with whom Dangel, Donlan Fine, Boston, MA, was on brief, for defendant-appellant. F. Mark Terison, Assistant United States Attorney, Portland, ME, with […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. AN ARTICLE OF FOOD, ETC., ET AL., DEFENDANTS, APPELLEES. COCO RICO, INC., CLAIMANT, APPELLANT. No. 84-1390.United States Court of Appeals, First Circuit.Heard October 3, 1984. Decided January 18, 1985. Page 12 Herman W. Colberg, San Juan, P.R., with whom Reichard, Colberg Calaf, San Juan, P.R., was on brief, […]

KING v. UNITED STATES. No. 3125.Circuit Court of Appeals, First Circuit. May 23, 1936. Appeal from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. Action by Alice S. King against the United States. Judgment for defendant (12 F. Supp. 614), and petitioner appeals. Affirmed. This is an […]

DOCTORS HOSPITAL, INC., ET AL., PLAINTIFFS-APPELLANTS, v. LUIS SILVA RECIO, SECRETARY OF LABOR OF THE COMMONWEALTH OF PUERTO RICO, DEFENDANT-APPELLEE. No. 76-1119.United States Court of Appeals, First Circuit.Argued February 9, 1977. Decided June 21, 1977. Eduardo Negron Rodriguez, San Juan, P.R., with whom Fiddler, Gonzalez Rodriguez, San Juan, P.R., was on brief for appellants. Page […]

UNITED STATES APPELLEE, v. JEFFREY M. GALLANT, DEFENDANT, APPELLANT. No. 93-2391.United States Court of Appeals, First Circuit.Heard May 5, 1994. Decided June 1, 1994. Page 37 Thomas J. Connolly, Portland, ME, for appellant. Michael M. DuBose, Asst. U.S. Atty., with whom Jay P. McCloskey, U.S. Atty., Portland, ME, was on brief, for appellee. Appeal from […]

UNITED STATES of America, Appellee, v. Wanda LLINAS, Defendant, Appellant. No. 01-1799.United States Court of Appeals, First Circuit.Heard May 8, 2004. Decided June 18, 2004. Appeal from the United States District Court for the District of Puerto Rico, Hector M. Laffitte, J. Page 27 Rafael F. Castro Lang for appellant. Thomas F. Klumper, Assistant United […]

THOMAS HODGSON SONS, INC., PETITIONER, v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT. Nos. 93-1503, 94-1752.United States Court of Appeals, First Circuit.Heard December 8, 1994. Decided March 13, 1995. Page 823 Howard M. Moffett, with whom Orr Reno, P.A., Concord, NH, was on brief, for petitioner. Joel M. Cockrell, Atty., with whom Susan Tomasky, General Counsel, and […]

UNITED STATES of America, Appellee, v. Willard John ALLEN, Defendant, Appellant. No. 05-2705.United States Court of Appeals, First Circuit.Heard October 5, 2006. Decided November 17, 2006. Appeal from the United States District Court for the District of Maine, Gene Carter, Senior District Judge. Page 12 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

EASTERN RENOVATING CORPORATION ET AL., PLAINTIFFS, APPELLANTS, v. THE ROMAN CATHOLIC BISHOP OF SPRINGFIELD ET AL., DEFENDANTS, APPELLEES. No. 76-1427.United States Court of Appeals, First Circuit.Argued March 3, 1977. Decided April 29, 1977. Page 5 Mark A. White and David B. Cohen, Boston, Mass., for appellant. William G. Meserve, Boston, Mass., with whom John M. […]

UNITED STATES OF AMERICA, APPELLEE, v. PETER F. CROSBY, DEFENDANT, APPELLANT. No. 83-1040.United States Court of Appeals, First Circuit.Argued June 6, 1983. Decided August 2, 1983. Rehearing and Rehearing En Banc Denied September 9, 1983. Certiorari Denied January 9, 1984. Page 186 Robert Sheketoff, Boston, Mass., with whom Zalkind Sheketoff, Boston, Mass., was on brief, […]

THOMAS SHEA, PLAINTIFF-APPELLANT, v. JAMES GABRIEL, UNITED STATES ATTORNEY, ET AL., DEFENDANTS-APPELLEES. No. 75-1096.United States Court of Appeals, First Circuit.Argued June 4, 1975. Decided August 4, 1975. Charlotte Anne Perretta, Boston, Mass., with whom Kevin M. Keating, Boston, Mass., was on brief, for plaintiff-appellant. Anne T. Wallace, Atty., Dept. of Justice, with whom James N. […]

VAQUERÍA TRES MONJITAS, INC.; Suiza Dairy, Inc., Plaintiffs, Appellees, v. Cyndia E. IRIZARRY, in her official capacity as Administrator of the Office of the Milk Industry Regulatory Administration for the Commonwealth of Puerto Rico, Defendant, Appellant, José O. Fabre-Laboy, in his official capacity as Secretary of the Department of Agriculture of the Commonwealth of Puerto […]

WOODS v. CALLAHAN et al. No. 4373.United States Court of Appeals, First Circuit. December 28, 1948. Rehearing Denied January 26, 1949. Page 180 Appeal from the United States District Court for the District of Massachusetts; George C. Sweeney, Judge. Action by Tighe E. Woods, Housing Expediter, against Nellie Callahan and others for damages and restitution […]

Peter A. DORAN, individually and on behalf of all others similarly situated; Wendy E. Saunders; individually and on behalf of all others similarly situated, Plaintiffs, Appellants, v. MASSACHUSETTS TURNPIKE AUTHORITY; Matthew Amorello; Christy Mihos; Jordan Levy, Defendants, Appellees. No. 03-1312.United States Court of Appeals, First Circuit.Heard September 12, 2003. Decided November 6, 2003. Appeal from […]

UNITED STATES v. WHITING. WHITING v. UNITED STATES. Nos. 2030, 2031.Circuit Court of Appeals, First Circuit. March 5, 1927. In Error to the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Suit by Herbert A. Whiting, as assignee of the James D. Rawles Company, against the United States, […]

MERCER v. BYRONS et al. No. 4653.United States Court of Appeals, First Circuit. December 2, 1952. Page 285 Arthur T. Garvey, of Springfield, Mass. (Harold R. Goewey, of Pittsfield, Mass., on brief), for appellant. Joseph F. Lyons, of Boston, Mass. (Robert J. Donelan, of Great Barrington, Mass., on brief), for appellees. HARTIGAN, Circuit Judge. This […]

SISTEMA UNIVERSITARIO ANA G. MENDEZ Plaintiff, Appellant, v. Richard W. RILEY, Secretary of Education, Defendant, Appellee. No. 00-1481.United States Court of Appeals, First Circuit.Heard November 14, 2000. Decided December 19, 2000. Appeal from the United States District Court for the District of Puerto Rico, Juan M. Perez-Gimenez, J. Page 773 Leslie H. Wiesenfelder, with whom […]

HUDSON SAVINGS BANK, Plaintiff, Appellee, v. George C. AUSTIN, III, Etc., et al., Defendants, Appellees, Page 103 United States of America, Defendant, Appellant. No. 06-2043.United States Court of Appeals, First Circuit.Heard January 9, 2007. Decided March 5, 2007. Appeal from the United States District Court for the District of Massachusetts, George A. O’Toole, Jr., J. […]

MERCADO v. UNITED STATES. No. 4478.United States Court of Appeals, First Circuit. July 13, 1950. Francisco Mariano Mercado Gomez, pro se. Francisco Ponsa Feliu, Acting U.S. Atty., and Pascual Amado Rivera, Asst. U.S. Atty., both of San Juan, Puerto Rico, for appellee. Before MAGRUDER, Chief Judge and WOODBURY and FRANK, Circuit Judges. WOODBURY, Circuit Judge. […]

PAUL DADURIAN, PLAINTIFF, APPELLEE, v. UNDERWRITERS AT LLOYD’S, LONDON, DEFENDANT, APPELLANT. No. 85-1239.United States Court of Appeals, First Circuit.Argued September 6, 1985. Decided April 2, 1986. Rehearing Denied April 23, 1986. Page 757 Herbert P. Polk with whom Whitman Ransom, Deming E. Sherman and Edwards Angell were on brief, for defendant, appellant. Richard C. Tallo, […]

DANIEL AVERSA, ET AL., Plaintiffs, Appellants, v. UNITED STATES OF AMERICA, ET AL., Defendants, Appellees. No. 95-2216.United States Court of Appeals, First Circuit.Heard May 8, 1996 Decided October 21, 1996 Page 1201 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1202 [EDITORS’ […]

PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, PETITIONER, v. UNITED STATES NUCLEAR REGULATORY COMMISSION ET AL., RESPONDENTS, SOCIETY FOR THE PROTECTION OF NEW HAMPSHIRE FORESTS, INTERVENOR. No. 77-1419.United States Court of Appeals, First Circuit.Argued January 3, 1978. Decided June 21, 1978. Page 78 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

STARLIGHT SUGAR, INC., ET AL., PLAINTIFFS-APPELLEES, v. NEFTALI SOTO, INDIVIDUALLY AND AS SECRETARY OF THE DEPARTMENT OF AGRICULTURE OF THE COMMONWEALTH OF PUERTO RICO, DEFENDANT-APPELLANT. No. 96-1332.United States Court of Appeals, First Circuit. May 30, 1997. Page 331 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO, HON. JUAN M. PEREZ-GIMENEZ, […]

Gladen VELEZ, Plaintiff, Appellant, v. JANSSEN ORTHO, LLC, Defendant, Appellee. No. 05-2721.United States Court of Appeals, First Circuit. November 3, 2006. Appeal from the United States District Court for the District of Puerto Rico, Raymond L. Acosta, Senior District Judge Page 803 Carlos M. Vergne for appellant. Carl Schuster, with whom Mariela Rexach and Schuster […]

ALCOA STEAMSHIP COMPANY, Inc., Claimant, Appellant, v. Antero PEREZ RODRIGUEZ, Libelant, Appellee. No. 6787.United States Court of Appeals, First Circuit.Heard February 9, 1967. Decided April 20, 1967. Page 36 Antonio M. Bird, San Juan, P.R., with whom J. Ward O’Neill, Francis X. Byrn, New York City, Hartzell, Fernande Novas, San Juan, P.R., and Haight, Gardner, […]

Richard S. FAIREST-KNIGHT; Valerie A. Fairest-Brooke; Conjugal Partnership Fairest-Fairest; A.S. F-B, Minor; M.A. F-B, Minor, Plaintiffs, Appellees, v. MARINE WORLD DISTRIBUTORS, INC., Defendant, Appellant. No. 10-1409.United States Court of Appeals, First Circuit.Heard March 11, 2011. Decided July 15, 2011. Appeal from the United States District Court for the District of Puerto Rico, Camille L. Vélez-Rivé, […]

IN RE CARGILL, INC., Petitioner. No. 94-8042United States Court of Appeals, First Circuit.Heard January 12, 1995. Decided October 10, 1995. Page 1257 Bernhardt K. Wruble, with whom William R. Sherman, Verner, Liipfert, Bernhard, McPherson and Hand, Peter J. DeTroy, III and Norman, Hanson DeTroy were on brief, for petitioner. Joel C. Martin, with whom Michael […]

DUKE OMAWALE, PLAINTIFF, APPELLANT, v. WBZ ET AL., DEFENDANTS, APPELLEES. No. 79-1266.United States Court of Appeals, First Circuit.Argued October 4, 1979. Decided November 29, 1979. Duke Omawale, pro se. Richard P. Ward, Boston, Mass., with whom John H. Mason, Ropes Gray, Michael J. Liston, Katherine Hendricks, Palmer Page 21 Dodge, William Lender, Daniel D. Gallagher, […]

REILLY v. WHEATLEY. No. 2818.Circuit Court of Appeals, First Circuit. December 15, 1933. Page 298 Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. In the matter of John L. Emery, Bankrupt. From a decree ordering Katherine V. Reilly to convey to John R. Wheatley, as […]

UNITED STATES OF AMERICA, APPELLEE, v. LUIS A. SANTIAGO, DEFENDANT, APPELLANT. No. 93-2246.United States Court of Appeals, First Circuit. May 1, 1996. Page 21 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 22 George F. Gormley, with whom John D. Colucci and […]

PARTIDO NUEVO PROGRESISTA ET AL., PLAINTIFFS, APPELLEES, v. GERINELDO BARRETO PEREZ, ADMINISTRATOR, PUERTO RICO ELECTIONS COMMISSION, DEFENDANT, APPELLEE, PARTIDO POPULAR DEMOCRATICO, INTERVENOR, APPELLANT. Misc. No. 80-8094.United States Court of Appeals, First Circuit.Argued December 31, 1980. Decided December 31, 1980. Page 826 Lino J. Saldana, San Juan, P.R., with whom Rafael Escalera Rodriguez, Rio Piedras, P.R., […]

ROBERT T. DEVERAUX, ET AL., PLAINTIFFS, APPELLANTS, v. WILLIAM J. GEARY, ET AL., DEFENDANTS, APPELLEES, AND PLAINTIFF-CLASS IN CULBREATH v. DUKAKIS, INTERVENORS-APPELLEES. No. 84-2004.United States Court of Appeals, First Circuit.Argued April 5, 1985. Decided June 24, 1985. Page 269 Gabriel O. Dumont, Jr., Boston, Mass., with whom Grady, Dumont Dwyer, Boston, Mass., was on brief […]

UNITED STATES, Appellee, v. José M. FIGUEREO, Defendant, Appellant. No. 03-2723.United States Court of Appeals, First Circuit.Heard December 10, 2004. Decided April 19, 2005. Appeal from the United States District Court for the District of Puerto Rico, Hector M. Laffitte, J. Page 538 Luis A. Guzmán-Dupont, for appellant. Nelson Pérez-Sosa, Assistant U.S. Attorney, with whom […]

Ramiro FERNANDES PEREIRA, Petitioner, Appellant, v. Alberto GONZALES, Attorney General,[*] et al., Respondents, Appellees. No. 04-1473.United States Court of Appeals, First Circuit. January 23, 2006. [*] Alberto Gonzales was sworn in as Attorney General of the United States on February 3, 2005. We have substituted him for John Ashcroft, previous holder of that office, as […]

NATIONAL LABOR RELATIONS BOARD v. HIGHLAND SHOE, Inc. No. 3625.Circuit Court of Appeals, First Circuit. April 15, 1941. Petition for Enforcement of Order of National Labor Relations Board. Petition by the National Labor Relations Board for the enforcement of an order of the Board directed to Highland Shoe, Inc. Order directed to be enforced. Edward […]

FISH MARKET NOMINEE CORPORATION, APPELLANT, v. JOEL PELOFSKY, UNITED STATES TRUSTEE, APPELLEE. FISH MARKET NOMINEE CORPORATION, APPELLANT, v. G.A.A., INC., ET AL., APPELLEES. Nos. 95-1074, 95-1483.United States Court of Appeals, First Circuit.Heard October 5, 1995. Decided December 22, 1995. Stephen F. Gordon with whom Peter J. Haley and Gordon Wise were on briefs, Boston, MA, […]

Casilda ACOSTA, etc., et al., Plaintiffs, Appellants, v. AMES DEPARTMENT STORES, INC., et al., Defendants, Appellees. No. 04-1016.United States Court of Appeals, First Circuit.Submitted July 19, 2004. Decided September 22, 2004. Appeal from the United States District Court for the District of Rhode Island, Ernest C. Torres, Chief Judge. Page 6 Bruce P. Gladstein on […]

UNIVERSITY EMERGENCY MEDICINE FOUNDATION, PLAINTIFF-APPELLEE, v. RAPIER INVESTMENTS, LTD AND MEDICAL BUSINESS SYSTEMS, INC, DEFENDANTS-APPELLANTS. No. 99-1216United States Court of Appeals, First Circuit.Heard September 13, 1999 Decided November 30, 1999 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND, [Hon. Ernest C. Torres, U.S. District Judge] William R. Grimm, with whom […]

William P. MONAHAN, Plaintiff, Appellant, v. Willard Mitt ROMNEY, et al., Defendants, Appellees. No. 09-2458.United States Court of Appeals, First Circuit.Heard October 5, 2010. Decided November 3, 2010. Appeal from the United States District Court for the District of Massachusetts, Nancy Gertner, J. Page 43 Richard J. Hayes for the appellant. Robert G. Jones for […]

In re STONE WEBSTER, INC., SECURITIES LITIGATION Adele Brody, on behalf of herself and all others similarly situated; Fred Dubois, Jr., individually and on behalf of all others similarly situated; Albert A. Blank, on behalf of himself and all others similarly situated; David B. Everson, on behalf of himself and all others similarly situated; Fanny […]

BARBARA FLETCHER ET AL., ETC., PLAINTIFFS, APPELLANTS, v. RHODE ISLAND HOSPITAL TRUST NATIONAL BANK ET AL., DEFENDANTS, APPELLEES. No. 73-1372.United States Court of Appeals, First Circuit.Argued March 5, 1974. Decided May 9, 1974. Page 928 James L. O’Neill, Providence, R. I., with whom Bucci, O’Neill Coia and Ralph J. Gonnella, Providence, R. I., were on […]

PORTLAND COPPER TANK WORKS, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. No. 6510.United States Court of Appeals, First Circuit.Heard September 14, 1965. Decided October 14, 1965. Page 461 John M. Doukas, Washington, D.C., with whom Maloney, Williams, Baer Doukas, Boston, Mass., was on brief, for petitioner. Loring W. Post, Atty., Dept. of Justice, with […]

Lamphone VORAVONGSA, Petitioner, Appellant, v. A.T. WALL, Director, ACI, Respondent, Appellee. No. 02-1606.United States Court of Appeals, First Circuit.Heard September 5, 2003. Decided November 12, 2003. Page 1 Appeal from the United States District Court for the District of Rhode Island, Ronald R. Lagueux, Senior Judge. David J. Barend for appellant. Jane M. McSoley, Assistant […]

Howard HILDEBRANDT, Defendants, Appellants, v. UNITED STATES of America, Appellee. No. 5001.United States Court of Appeals, First Circuit. July 8, 1955. Appeal from Orders of the United States District Court for the District of Rhode Island; Edward William Day, J. Howard Hildebrandt, pro se. Jacob S. Temkin, U.S. Atty., for appellee. Before MAGRUDER, Chief Judge, […]