Category: First Circuit Court of Appeals Opinions

HART et al. v. WILTSEE et al. PARKER v. NEW ENGLAND OIL CORPORATION. No. 2070.Circuit Court of Appeals, First Circuit. December 31, 1926. Rehearing Denied January 25, 1927. Appeal from the District Court of the United States for the District of Massachusetts. Suit by Henry S. Parker against the New England Oil Corporation, in which […]

UNITED STATES, APPELLEE, v. HELMER MOSQUERA, DEFENDANT, APPELLANT. No. 87-1729.United States Court of Appeals, First Circuit.Submitted February 4, 1988. Decided May 3, 1988. Page 1123 Helmer Mosquera, pro se. Deborah A. Ramirez, Asst. U.S. Atty., and Frank L. McNamara, Jr., U.S. Atty., Boston, Mass., on brief, for appellee. Appeal from the United States District Court […]

GEORGE C. WILLIAMS, ET AL., PLAINTIFFS, APPELLANTS, v. RICHARD E. POULOS, ET AL., DEFENDANTS, APPELLEES. GEORGE C. WILLIAMS, ET AL., PLAINTIFFS, APPELLEES, v. RICHARD E. POULOS, ET AL., DEFENDANTS, APPELLEES, RALPH A. DYER, INTERVENOR, APPELLANT. GEORGE C. WILLIAMS, ET AL., PLAINTIFFS, APPELLEES, v. RICHARD E. POULOS, ET AL., DEFENDANTS, APPELLEES, RODNEY P. RODRIGUE, DEFENDANTS, APPELLANTS. […]

UNITED STATES OF AMERICA, APPELLEE, v. DARRELL WALTER PREAKOS, DEFENDANT, APPELLANT. No. 90-1055.United States Court of Appeals, First Circuit.Heard June 5, 1990. Decided June 21, 1990. Bruce B. Hochman, by Appointment of the Court, with whom Black, Lambert, Coffin Haines, Portland, Me., was on brief, for appellant. F. Mark Terison, Asst. U.S. Atty., Portland, Me., […]

IN RE ERIN FOOD SERVICES, INC., DEBTOR, THE TRAVELERS INSURANCE COMPANY, ET AL., APPELLANTS, v. CAMBRIDGE MERIDIAN GROUP, INC., ET AL., APPELLEES. IN RE ERIN FOOD SERVICES, INC., DEBTOR. THE TRAVELERS INSURANCE COMPANY, ET AL., APPELLANTS, v. CAMBRIDGE MERIDIAN GROUP, INC., ET AL., APPELLEES. Nos. 91-2175, 91-2176.United States Court of Appeals, First Circuit.Heard April 8, […]

RICHARD FITZGERALD, ET AL., PLAINTIFFS, APPELLEES, v. THE UNIDENTIFIED WRECKED AND ABANDONED VESSEL, ETC., DEFENDANT, APPELLEE. HARRY E. HAUCK AND CARLOS RIVERA-DAVILA, INTERVENING PLAINTIFFS, APPELLANTS. RICHARD FITZGERALD, ET AL., PLAINTIFFS, APPELLANTS, v. THE UNIDENTIFIED WRECKED AND ABANDONED VESSEL, ETC., DEFENDANT, APPELLEE. HARRY E. HAUCK AND CARLOS RIVERA-DAVILA, INTERVENING PLAINTIFFS, APPELLEES. Nos. 88-1742, 88-1827.United States Court […]

Michael S. McCONKIE, Plaintiff, Appellant, v. Scott NICHOLS, Defendant, Appellee. No. 05-2727.United States Court of Appeals, First Circuit.Heard April 4, 2006. Decided May 15, 2006. Appeal from the United States District Court for the District of Maine, John A. Woodcock, Jr., J. Page 259 Christopher K. MacLean, for appellant. William R. Fisher, Assistant Attorney General, […]

UNITED STATES of America, Appellee, v. Alvin JACKSON, Defendant, Appellant. No. 04-1506.United States Court of Appeals, First Circuit.Heard January 6, 2005. Decided June 2, 2005. Appeal from the United States District Court for the District of Maine, Hon. D. Brock Hornby, U.S. District Judge. Holly T. Smith, for appellant. Margaret D. McGaughey, Appellate Chief, with […]

UNITED STATES of America, Appellee, v. William F. BATER, Defendant, Appellant. No. 08-2253.United States Court of Appeals, First Circuit.Heard January 4, 2010. Decided February 4, 2010. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, J. Page 52 Joseph Wrobleski, Jr., by appointment of the court, for appellant. Renée […]

BROWN v. UNITED STATES. No. 2018.Circuit Court of Appeals, First Circuit. December 31, 1926. In Error to the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Criminal prosecution by the United States against Thomas Brown. Judgment of conviction, and defendant brings error. Affirmed as to first count of […]

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 […]

UNITED STATES, APPELLEE. v. LAWRENCE M. LANOUE, DEFENDANT. No. 95-1140.United States Court of Appeals, First Circuit.Heard October 2, 1995. Decided December 15, 1995. Page 967 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 968 David L. Martin, Providence, RI, for appellant. Margaret […]

UNITED STATES of America, Appellee, v. Elvin Tomás MORALES-DE JESÚS, Defendant, Appellant. No. 02-2695.United States Court of Appeals, First Circuit.Heard October 9, 2003. Decided June 9, 2004. Appeal from the United States District Court for the District of Puerto Rico, Hector M. Laffitte, J. Page 7 Juan Matos-de-Juan, with whom Joseph C. Laws, Jr., Federal […]

BERTA BAEZ-CRUZ, ET AL., PLAINTIFFS, APPELLANTS, v. MUNICIPALITY OF COMERIO, ET AL., DEFENDANTS, APPELLEES. No. 97-1850.United States Court of Appeals, First Circuit.Heard December 2, 1997. Decided March 31, 1998. Page 25 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 26 Charles S. […]

Margaret F. SCHELL, Administratrix, Plaintiff, Appellant, v. FORD MOTOR COMPANY, Defendant, Appellee. No. 5493.United States Court of Appeals, First Circuit. September 1, 1959. Page 385 Dwight L. Allison, Boston, Mass., with whom Benjamin F. Forde, Jr., Boston, Mass., was on brief, for appellant. Samuel P. Sears, Boston, Mass., for appellee. Before MAGRUDER, Chief Judge, and […]

UNITED STATES OF AMERICA, APPELLEE, v. THOMAS OTIS EATON, DEFENDANT, APPELLANT. No. 88-1606.United States Court of Appeals, First Circuit.Heard June 6, 1989. Decided November 27, 1989. Joseph H. Field, by Appointment of the Court, with whom Mary Lou Ciolfi and Loyd, Bumgardner Field, Brunswick, Me., were on brief, for appellant. F. Mark Terison, Asst. U.S. […]

ESTATE OF PATRICIA E. GILMORE, JOSEPH P. GILMORE, EXECUTOR, PLAINTIFF, APPELLANT, v. JOHN J. BUCKLEY, ET AL., DEFENDANTS, APPELLEES. No. 85-1439.United States Court of Appeals, First Circuit.Argued November 12, 1985. Decided March 31, 1986. Page 715 Kiernan B. Meagher with whom Robert J. Owens, Robert D. City and Robert J. Owens Associates, P.C., Boston, Mass., […]

LYNDA LeBOEUF COSTA, PLAINTIFF-APPELLEE, v. JOHN A. MARKEY, ET AL., DEFENDANTS-APPELLANTS. No. 81-1361.United States Court of Appeals, First Circuit.Argued March 1, 1982. Decided May 3, 1982. Armand Fernandes, Jr., New Bedford, for defendants-appellants. Thomas F. McKenna, with whom Mariann Zampano, Boston, Mass., was on brief, for plaintiff-appellee. Thomas A. Barnico, Asst. Atty. Gen., Boston, Mass., […]

BANK ONE TEXAS, N.A., PLAINTIFF, APPELLEE, v. A.J. WAREHOUSE, INC., ET AL., DEFENDANTS, APPELLANTS. No. 91-1826.United States Court of Appeals, First Circuit.Heard March 3, 1992. Decided June 30, 1992. Page 95 Bernard J. Bonn III, with whom John P. Dennis, Timothy C. Blank and Dechert Price Rhoads, Boston, Mass., were on brief, for appellants. Kathryn […]

PEERLESS CASUALTY COMPANY et al., Defendants, Appellants, v. UNITED STATES of America, For the Use and Benefit of BANGOR ROOFING AND SHEET METAL CO., Plaintiff, Appellee. No. 5142.United States Court of Appeals, First Circuit. February 27, 1957. Page 812 John W. Ballou, Bangor, Me., Mitchell Ballou, Bangor, Me., on the brief, for appellants. Seth May, […]

SANDERS ASSOCIATES, INC., Plaintiff, Appellant, v. The GALION IRON WORKS MANUFACTURING COMPANY, Defendant, Appellee. No. 5980.United States Court of Appeals, First Circuit. July 18, 1962. Page 916 Robert B. Hamblett, Nashua, N.H., with whom Hamblett, Kerrigan Hamblett, Nashua, N.H., was on brief, for appellant. Samuel H. Porter, Columbus, Ohio, with whom Lawrence D. Stanley, Columbus, […]

ELECTROL, Inc., v. THOMAS D. RUSSO, Inc. No. 2886.Circuit Court of Appeals, First Circuit. December 19, 1933. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. PER CURIAM. Decree in the District Court was for defendant with costs. Upon stipulation and motion the case was docketed, […]

CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC. ET AL., PLAINTIFFS, APPELLANTS, v. CECIL D. ANDRUS, ETC. ET AL., DEFENDANTS, APPELLEES, ATLANTIC RICHFIELD COMPANY ET AL., INTERVENORS, APPELLEES. COMMONWEALTH OF MASSACHUSETTS, PLAINTIFF, APPELLANT, v. CECIL D. ANDRUS, ETC. ET AL., DEFENDANTS, APPELLEES, ATLANTIC RICHFIELD COMPANY ET AL., INTERVENORS, APPELLEES. Nos. 79-1585, 79-1586.United States Court of Appeals, […]

Maria Teresa Padilla GARCIA et al., Plaintiffs, Appellants, v. Rafael BERNABE, Defendant, Appellee. No. 5639.United States Court of Appeals, First Circuit. April 27, 1961. E. Martinez Rivera, San Juan, P.R., with whom Edelmiro Martinez, Jr., San Juan, P.R., was on brief, for appellants. Marcelino Romany, San Juan, P.R., with whom Manuel Benitez Flores, San Juan, […]

PUROLATOR, INC., PLAINTIFF-APPELLEE, v. EFRA DISTRIBUTORS, INC., ENRIQUE FRANCESCHINI AND ENRIQUE FRANCESCHINI, JR., DEFENDANTS-APPELLANTS. No. 81-1871.United States Court of Appeals, First Circuit.Argued May 6, 1982. Decided September 8, 1982. Page 555 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 556 Luis N. […]

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, PLAINTIFF-APPELLEE, v. WARWICK DYEING CORPORATION, DEFENDANT, APPELLANT. No. 93-1721.United States Court of Appeals, First Circuit.Heard February 9, 1994. Decided June 22, 1994. Page 1196 Thomas M. Reiter with whom David M. Jones, John M. Edwards, Linda E. Presson, Kirkpatrick Lockhart, Nicholas Gorham, Edmund L. Alves II and Gorham […]

NATIONAL SHAWMUT BANK OF BOSTON v. TOPAS et al. No. 2687.Circuit Court of Appeals, First Circuit. July 20, 1932. Page 468 Appeal from the District Court of the United States for the District of Massachusetts; James A. Lowell, Judge. In Equity. Suit by Boris Topas and others against the National Shawmut Bank of Boston. Decree […]

UNITED STATES OF AMERICA, APPELLEE, v. FAUSTO D. RUIZ, DEFENDANT, APPELLANT. No. 89-1815.United States Court of Appeals, First Circuit.Heard April 4, 1990. Decided June 5, 1990. Page 500 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 501 John C. McBride, with whom […]

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. ONE 1972 CHEVROLET CORVETTE, DEFENDANT-APPELLANT. No. 80-1074.United States Court of Appeals, First Circuit.Argued May 5, 1980. Decided July 18, 1980. Page 1027 Gerald Alch, Boston, Mass., for defendant-appellant. Bruce A. Singal, Asst. U.S. Atty., with whom Edward F. Harrington, U.S. Atty., Boston, Mass., was on brief, for plaintiff-appellee. Appeal […]

UNITED STATES, APPELLEE, v. JOSE LUIS LOZADA-RIVERA A/K/A SEALED DEFENDANT 1, DEFENDANT, APPELLANT. No. 98-1351United States Court of Appeals, First Circuit.Heard April 6, 1999. Decided May 27, 1999. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Hector M. Laffitte, U.S. District Judge] Page 99 Francisco Rebollo-Casalduc, with whom Nachman, […]

B.F. STURTEVANT CO. v. MASSACHUSETTS HAIR FELT CO. MASSACHUSETTS HAIR FELT CO. v. B.F. STURTEVANT CO. Nos. 3644, 3645.Circuit Court of Appeals, First Circuit. November 21, 1941. As Amended December 15, 1941. Appeals from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. On motion for rehearing. Petition […]

AMERICAN CRAYON CO. v. PRANG CO. No. 2732.Circuit Court of Appeals, First Circuit. December 29, 1932. Appeal from the District Court of the United States for the District of Maine; Clarence Hale, Judge. Suit by the American Crayon Company against the Prang Company. From a decree dismissing the bill, plaintiff appeals. Affirmed. See, also (C.C.A.) […]

UNITED STATES OF AMERICA, APPELLEE, v. RAFAEL ANGEL ZAVALA MALDONADO, DEFENDANT, APPELLANT. No. 92-2361.United States Court of Appeals, First Circuit.Heard November 5, 1993. Decided April 22, 1994. Rehearing and Suggestion for Rehearing En Banc Denied June 28, 1994. Page 5 Luis Rafael Rivera, Hato Rey, PR, for appellant. Jeanette Mercado Rios, Asst. U.S. Atty., Criminal […]

Jacques GAUTIER, Petitioner, Appellant, v. Ashbel T. WALL, et al., Respondents, Appellees. No. 09-2411.United States Court of Appeals, First Circuit.Submitted May 10, 2010. Decided September 16, 2010. Appeal from the United States District Court for the District of Rhode Island, Mary M. Lisi, J. Page 59 Jacques Gautier, Memorandum in Support of a Certificate of […]

UNITED STATES of America, Appellee, v. Juan GARCIA-HERNANDEZ, Defendant, Appellant. No. 10-2146.United States Court of Appeals, First Circuit.Heard September 13, 2011. Decided October 12, 2011. Appeal from the United States District Court for the District of New Hampshire, Steven J. McAuliffe, J. Page 109 Michael J. lacopino, with whom Brennan Caron Lenehan lacopino was on […]

INTERSTATE LITHO CORP., Plaintiff, Appellant, v. Marc A. BROWN, a/k/a Moshe Brown, Integra Technical Services, Inc., and Freidel’s Manufacturing, Inc., Defendants, Appellees. Nos. 00-2344, 00-2522.United States Court of Appeals, First Circuit.Heard June 7, 2001. Decided July 6, 2001. Appeal from the United States District Court for the District of Massachusetts, Joseph L. Tauro, J. Page […]

MEDICAL MALPRACTICE JOINT UNDERWRITING ASSOCIATION OF RHODE ISLAND, PLAINTIFF, APPELLANT, v. MARK A. PFEIFFER, ETC., DEFENDANT, APPELLEE. No. 87-1302.United States Court of Appeals, First Circuit.Heard September 16, 1987. Decided November 2, 1987. Page 241 David P. Whitman with whom Hanson, Curran Parks, Providence, R.I., was on brief, for plaintiff, appellant. Richard B. Woolley, Sp. Asst. […]

UNITED STATES of America, Appellee, v. Raúl FIGUEROA-GONZÁLEZ, Defendant, Appellant. Nos. 07-2225, 07-2226.United States Court of Appeals, First Circuit.Decided October 7, 2010. Submitted July 30, 2010. Appeal from the United States District Court for the District of Puerto Rico, Joseé Antonio Fusté, J. Page 45 Juan F. Matos de Juan, by appointment of the court, […]

UNITED STATES, Appellee, v. Frank MASTERA, Defendant, Appellant. No. 05-1249.United States Court of Appeals, First Circuit.Heard November 7, 2005. Decided January 20, 2006. Appeal from the United States District Court for the District of Maine, George Z. Singal, Chief Judge. Page 57 Robert C. Andrews for appellant. Page 58 Margaret D. McGaughey, Appellate Chief, with […]

IN RE THOMAS EDWARD RYAN, DEBTOR. PETER M. STERN, PLAINTIFF, APPELLEE, v. CONTINENTAL ASSURANCE COMPANY, DEFENDANT, APPELLANT. No. 88-1093.United States Court of Appeals, First Circuit.Heard June 9, 1988. Decided July 11, 1988. Page 503 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

UNITED STATES, ET AL., PLAINTIFFS, APPELLEES, v. CARLOS MARIN, DEFENDANT, APPELLANT, AND CARIBBEAN RESTAURANTS, INC., DEFENDANT, APPELLEE. UNITED STATES OF AMERICA, ET AL., PLAINTIFFS, APPELLEES, v. CARLOS MARIN, DEFENDANT, APPELLEE, AND CARIBBEAN RESTAURANTS, INC., DEFENDANT, APPELLANT. Nos. 80-1216, 80-1217.United States Court of Appeals, First Circuit.Argued November 7, 1980. Decided May 22, 1981. Page 25 Francisco […]

UNITED STATES OF AMERICA, APPELLEE, v. FRANKLIN DELANO LOPEZ, DEFENDANT, APPELLANT. No. 94-2277.United States Court of Appeals, First Circuit.Heard August 4, 1995. Decided December 14, 1995. Page 955 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 956 Nathan Z. Dershowitz with whom […]

MANUEL AGROMAYOR, PLAINTIFF, APPELLEE, v. SEVERO COLBERG, DEFENDANT, APPELLANT. No. 83-1825.United States Court of Appeals, First Circuit.Argued April 6, 1984. Decided July 5, 1984. Page 56 Marcos A. Ramirez Lavandero, Hato Rey, P.R., with whom Marcos A. Ramirez, and Ramirez Ramirez, Hato Rey, P.R., were on brief, for appellant. Maria H. Sandoval, Santurce, P.R., with […]

UNITED STATES OF AMERICA, Appellee, v. DAVID CRUZ, Defendant, Appellant. No. 99-1330.United States Court of Appeals, First Circuit. May 24, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Frank H. Freedman, Senior U.S. District Judge]. Page 2 Veronica J. White, by appointment of the court, for appellant. Jennifer H. […]

UNITED STATES of America, Appellee, v. Ruben SANCHEZ, Defendant, Appellant. No. 09-1906.United States Court of Appeals, First Circuit.Submitted May 5, 2010. Decided July 9, 2010. Appeal from the United States District Court for the District of Massachusetts, Nancy Gertner, J. Page 2 Jonathan Shapiro, Alexandra Deal, and Stern, Shapiro, Weissberg Garin, LLP on brief for […]

MAX J. ALLEN ET AL., PLAINTIFFS, APPELLANTS, v. LINWOOD H. SNOW ET AL., DEFENDANTS, APPELLEES. No. 80-1304.United States Court of Appeals, First Circuit.Argued October 6, 1980. Decided November 25, 1980. Page 13 Ronald F. Kehoe and Albert L. Hutton, Jr., Boston, Mass., with whom Barbara Bruce Williams, Haussermann, Davison Shattuck, William Madden, David A. Mills, […]

CHARLES F. CUTTING, PLAINTIFF, APPELLANT, v. ROBERT MUZZEY, ET AL., DEFENDANTS, APPELLEES. No. 83-1544.United States Court of Appeals, First Circuit.Argued December 7, 1983. Decided January 10, 1984. Page 260 William H. Hopkins, Plymouth, N.H., with whom Ray Hopkins, P.A., Plymouth, N.H., was on brief, for plaintiff, appellant. H. Bernard Waugh, Jr., Hanover, N.H., with whom […]

Olga Andreu MEGWINOFF, Plaintiff, Appellant, v. BANCO BILBAO VIZCAYA, Defendant, Appellee. No. 00-1483.United States Court of Appeals, First Circuit.Heard November 13, 2000. Decided December 1, 2000. Appeal from the United States District Court for the District of Puerto Rico, Hector M. Laffitte, Chief Judge. Page 74 Jane A. Becker-Whitaker for appellant. Pedro J. Manzano-Yates, with […]

Lizzette SANTIAGO-DÍAZ, Plaintiff, Appellant, v. LABORATORIO CLÍNICO Y DE REFERENCIA DEL ESTE AND SARA LÓPEZ, M.D., Defendants, Appellees. No. 05-2543.United States Court of Appeals, First Circuit.Submitted August 2, 2006. Decided August 8, 2006. Appeal from the United States District Court for the District of Puerto Rico, Salvador E. Casellas, J. Page 273 Rudolph C. Campbell […]

THOMAS CAREY, ET AL., PLAINTIFFS, APPELLANTS, v. BAHAMA CRUISE LINES, DEFENDANT, APPELLEE. No. 88-1169.United States Court of Appeals, First Circuit.Heard October 5, 1988. Decided December 20, 1988. Page 202 Mark J. Albano, with whom Goldman, Albano, Caruso and Fierberg, P.C. was on brief, for appellants. Richard B. Kydd, with whom Kneeland, Kydd Handy, was on […]

MARITIME SERVICE CORPORATION, PLAINTIFF, APPELLANT, v. SWEET BROKERAGE De PUERTO RICO, INC., DEFENDANT, APPELLEE. MARITIME SERVICE CORPORATION, PLAINTIFF, APPELLANT, v. ANDREA SHOE CORP., DEFENDANT, APPELLEE. MARITIME SERVICE CORPORATION, PLAINTIFF, APPELLANT, v. JULIO F. ROMAN, DEFENDANT, APPELLEE. Nos. 75-1277, 75-1303 and 75-1305.United States Court of Appeals, First Circuit. June 25, 1976. Gilberto Mayo Pagan, Hato Rey, […]

ROQUE GONZALEZ CIA., v. TORRES. No. 2528.Circuit Court of Appeals, First Circuit. June 29, 1931. Page 238 Appeal from the District Court of United States for the District of Porto Rico; Wells, Judge. Proceeding in equity by Julio C. Torres, as trustee in bankruptcy of one Juan Botet, against Roque Gonzalez Cia., S. En C. […]

JOHN J. BELIVEAU, JR., PETITIONER, v. UNITED STATES DEPARTMENT OF LABOR AND NAVAL UNDERSEA WARFARE CENTER, RESPONDENTS. No. 98-1786.United States Court of Appeals, First Circuit.Heard February 1, 1999. Decided March 10, 1999. Page 84 Richard E. Condit, with whom Sarah L. Levitt, was on brief, for petitioner. Joanne Royce on brief for Government Accountability Project, […]

UNITED STATES v. MANZI. No. 2038.Circuit Court of Appeals, First Circuit. December 31, 1926. Appeal from the District Court of the United States for the District of Rhode Island; Arthur L. Brown, Judge. Petition of Amalia Manzi for naturalization. Petition granted, and the United States appeals. Affirmed. John S. Murdock, U.S. Atty., and Fred B. […]

Alexander RODRIGUEZ-RAMIREZ, Petitioner, v. John D. ASHCROFT, Attorney General, Respondent. No. 04-1589.United States Court of Appeals, First Circuit.Submitted December 16, 2004. Decided February 17, 2005. Petition for review from the Board of Immigration Appeals. Page 121 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

UNITED STATES, APPELLEE, v. ALOYISIUS JUODAKIS, DEFENDANT, APPELLANT. No. 86-1624.United States Court of Appeals, First Circuit.Submitted October 9, 1987. Decided December 10, 1987. Aloyisius Juodakis, on brief, pro se. Sydney Hanlon, Sp. Asst. U.S. Atty., and Frank L. McNamara, Jr., Acting U.S. Atty., Boston, Mass., on brief for appellee. Appeal from the United States District […]

John D. LAWTON, Petitioner, v. Jeremiah J. DACEY, Warden, Respondent. Misc. No. 158.United States Court of Appeals, First Circuit. October 29, 1965. Ronald J. Chisholm, Winchester, Mass., for petitioner. Before ALDRICH, Chief Judge, and McENTEE, Circuit Judge. ALDRICH, Chief Judge. Petitioner, having been convicted of a felony in the state court, and having lost his […]

UNITED STATES OF AMERICA, Appellee, v. PETER McLAUGHLIN, Defendant, Appellant. No. 03-2181.United States Court of Appeals, First Circuit. August 6, 2004. Page 36 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 37 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT […]

P E SHIPPING CORPORATION, Respondent and Claimant, Appellant, v. EMPRESA CUBANA EXPORTADORA E IMPORTADORA DE ALIMENTOS,[*] Libelant, Appellee. No. 5846.United States Court of Appeals, First Circuit. August 19, 1964. [*] By substitution. John G. Poles, with whom Poles, Tublin Patestides, New York City, was on the brief, for appellant. Victor Rabinowitz, New York City, with […]

McGARTY v. O’BRIEN, Warden. No. 4458.United States Court of Appeals, First Circuit. March 27, 1950. Writ of Certiorari Denied May 29, 1950. See 70 S.Ct. 1002. James Seligman, Fall River, Mass. (William C. Crossley, Fall River, Mass., and William H. Lewis, Jr., Boston, Mass., with him on the brief), for appellant. Henry P. Fielding, Assistant […]

David DAVIGNON, David Gouveia, David Miller, Edward Moris, Jr., and Thomas Presby, Plaintiffs, Appellees, v. Thomas M. HODGSON, Individually and as Bristol County Sheriff, Defendant, Appellant. No. 06-1191.United States Court of Appeals, First Circuit.Heard February 9, 2007. Decided April 24, 2008. Rehearing and Rehearing En Banc Denied June 30, 2008.[*] [*] Judge Lynch is recused […]

FRANK B. ABBADESSA, PLAINTIFF, APPELLANT, v. MOORE BUSINESS FORMS, INC., DEFENDANT, APPELLEE. ROBERT D. MARIOTTI, PLAINTIFF, APPELLANT, v. MOORE BUSINESS FORMS, INC., DEFENDANT, APPELLEE. Nos. 92-1196, 92-1197.United States Court of Appeals, First Circuit.Heard November 4, 1992. Decided March 2, 1993. Page 19 James H. Schulte with whom Burns, Bryant, Hinchey, Cox Schulte, P.A. Dover, NH, […]

Edward D. PRATT, Jr., Petitioner, Appellant, v. UNITED STATES of America et al., Appellees. No. 6314.United States Court of Appeals, First Circuit. December 28, 1964. Page 175 John J. Flaherty, Portland, Me., with whom Berman, Berman, Wernick Flaherty, Portland, Me., and Katz Kaplan, Boston, Mass., were on brief, for appellant. Sidney W. Thaxter, Portland, Me., […]

KATHLEEN BARKER CLEMENT, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BURTON ROBERT BARKER, PLAINTIFF, APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. No. 91-1839.United States Court of Appeals, First Circuit.Heard March 2, 1992. Decided November 25, 1992. Page 49 Julian L. Sweet with whom Paul F. Macri and Berman Simmons, P.A., Lewiston, Me., […]

RAMON RAMOS LUGO, PETITIONER, APPELLANT, v. MIGUEL GIMENEZ MUNOZ, ETC., ET AL., RESPONDENTS, APPELLEES. No. 81-1649.United States Court of Appeals, First Circuit.Argued February 5, 1982. Decided June 22, 1982. Page 8 Arturo Aponte Pares, San Juan, P. R., with whom Blas R. Ferraiouli, San Juan, P. R., was on brief, for petitioner, appellant. Federico Cedo […]

In re Louis A. GENCARELLI, Sr., Debtor. UPS CAPITAL BUSINESS CREDIT, Plaintiff, Appellant, v. Louis A. Gencarelli, Sr., Defendant, Appellee. No. 06-2700.United States Court of Appeals, First Circuit.Heard August 1, 2007. Decided August 30, 2007. Appeal from the United States Bankruptcy Court for the District of Rhode Island, Arthur N. Votolato, J. Page 2 Edward […]

HAMBURG-AMERIKA LINIE, PLAINTIFF-APPELLANT, v. GULF PUERTO RICO LINES, INC., DEFENDANT-APPELLEE. No. 77-1184.United States Court of Appeals, First Circuit.Argued April 3, 1978. Decided July 21, 1978. Page 116 Jorge Bermudez Torregrosa, Hato Rey, P.R., with whom Hartzell, Ydrach, Mellado, Santiago, Perez Novas, Hato Rey, P.R., was on brief, for plaintiff-appellant. Jose Antonio Fuste, Hato Rey, P.R., […]

TEAMSTERS LOCAL UNION NO. 42, A/W INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, PETITIONER, APPELLANT, v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT, APPELLEE. No. 86-2011.United States Court of Appeals, First Circuit.Heard June 1, 1987. Decided August 12, 1987. Page 609 Gabriel O. Dumont, Jr., Boston, Mass., with whom H. David Kelly, Jr., and […]

EGNER et al. v. E.C. SCHIRMER MUSIC CO. No. 3916.Circuit Court of Appeals, First Circuit. December 29, 1943. Appeal from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. Action by Philip Egner and others against the E.C. Schirmer Music Company to restrain the infringement of a copyright. […]

AIR SAFETY, INC., A/K/A AIR SAFETY ENGINEERING, Plaintiff, Appellant, v. ROMAN CATHOLIC ARCHBISHOP OF BOSTON, A CORPORATION SOLE AND CHRISTIAN BROTHERS INSTITUTE OF MASSACHUSETTS, INC., Defendants, Appellees. No. 95-1920.United States Court of Appeals, First Circuit.Heard May 6, 1996 August 21, 1996. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

UNITED STATES of America, Appellee, v. Anthony Hosea BURNETT, Defendant, Appellant. No. 08-1224.United States Court of Appeals, First Circuit.Heard May 7, 2009. Decided September 1, 2009. Appeal from the United States District Court for the District of New Hampshire, Paul Barbadoro, J. Page 130 Royston H. Delaney, with whom Robert M. Thomas, Jr. was on […]

SASINOWSKI v. BOSTON M.R.R. No. 2947.Circuit Court of Appeals, First Circuit. January 4, 1935. Appeal from the District Court of the United States for the District of Massachusetts; Hugh D. McLellan, Judge. Page 629 Action by Maryanna Sasinowski against the Boston Maine Railroad. Judgment for defendant, and plaintiff appeals. Affirmed. Joseph Cavanagh, of Boston, Mass. […]

UNITED STATES, Appellee, v. Edward J. FOX, Defendant, Appellant. No. 04-1325.United States Court of Appeals, First Circuit.Submitted November 2, 2004. Decided December 22, 2004. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, J. Page 53 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

UNITED STATES of America, Plaintiff, Appellee, v. Norma BURGOS-ANDÚJAR, Defendant, Appellant. No. 01-2062.United States Court of Appeals, First Circuit.Heard November 7, 2001. Decided December 19, 2001. Page 24 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 25 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

Muhammad BUTT, Ama Zubair, Mehreen Zubair, Nimra Zubair, and Shazia Butt, Petitioners, v. Peter D. KEISLER,[*] Acting Attorney General, Respondent. No. 06-2135.United States Court of Appeals, First Circuit.Submitted May 8, 2007. Decided November 1, 2007. [*] On September 17, 2007, Peter D. Keisler was named Acting Attorney General. We have therefore substituted Acting Attorney General […]

MANUEL THOMAS, PLAINTIFF, APPELLANT, v. SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLEE. No. 81-1156.United States Court of Appeals, First Circuit.Submitted September 11, 1981. Decided September 14, 1981. Page 9 Stephen M. Rappoport, Steven J. Hirsch, and Slepkow, Slepkow Rappoport, East Providence, R. I., on brief for plaintiff, appellant. Paul F. Murray, U.S. Atty., and […]

UNITED STATES of America, Plaintiff, Appellant, v. Orville H. DRUMM, Defendant, Appellee. No. 6214.United States Court of Appeals, First Circuit. March 23, 1964. Page 110 Robert V. Zener, Attorney, Department of Justice, with whom John W. Douglas, Asst. Atty. Gen., W. Arthur Garrity, Jr., U.S. Atty., and Alan S. Rosenthal, Attorney, Department of Justice, were […]

RICHARD ROMANI, PLAINTIFF, APPELLANT, v. SHEARSON LEHMAN HUTTON, ET AL., DEFENDANTS, APPELLEES. No. 90-2101.United States Court of Appeals, First Circuit.Heard March 4, 1991. Decided April 8, 1991. Page 876 Edward Manchur with whom David Pastor, Kenneth Gilman, and Gilman and Pastor were on brief, for plaintiff, appellant. John J. Kenney with whom Jay S. Handlin, […]

UNITED STATES, APPELLEE, v. DAVID PEREZ-MONTAUEZ, DEFENDANT-APPELLANT. UNITED STATES, APPELLEE, v. JOSE RAUL SANTIAGO-RODRIGUEZ, DEFENDANT-APPELLANT. No. 98-1952, 98-2210United States Court of Appeals, First Circuit.Heard November 2, 1999 Decided February 2, 2000 APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO, [Hon. Juan M. Pérez-Giménez, U.S. District Judge] Page 435 [EDITORS’ NOTE: […]

Edward KROCK, Defendant, Appellant, v. ELECTRIC MOTOR REPAIR COMPANY, Inc., Plaintiff, Appellee. No. 6167.United States Court of Appeals, First Circuit.Heard December 2 and 3, 1963. Decided January 27, 1964. Page 214 Robert W. Meserve, Boston, Mass., with whom John R. Hally, David A. Wylie and Nutter, McClennen Fish, Boston, Mass., were on brief, for appellant. […]

IN RE ALLIED-SIGNAL INC., ET AL., PETITIONERS. No. 89-1823.United States Court of Appeals, First Circuit.Heard October 6, 1989. Decided December 20, 1989. Page 968 Geoffrey C. Hazard, Jr., New Haven, Conn., with whom Stephen H. Sachs, Baltimore, Md., Andrew B. Weissman, Alan N. Braverman, Joseph E. Killory, Jr., Washington, D.C., Teresa D. Baer and Wilmer, […]

WILLIAM H. SULLIVAN II, PLAINTIFF-APPELLEE, v. NATIONAL FOOTBALL LEAGUE, MEMBERS OF THE NATIONAL FOOTBALL LEAGUE, DEFENDANTS-APPELLANTS. No. 94-1031.United States Court of Appeals, First Circuit.Heard May 3, 1994. Decided September 16, 1994. Order Denying Rehearing October 26, 1994. Page 1092 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

DAUGHERTY v. POMPEO TRANSPORTING CORPORATION. No. 2714.Circuit Court of Appeals, First Circuit. December 17, 1932. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Action by Philip Daugherty against Pompeo Transporting Corporation. Judgment for defendant, and plaintiff appeals. Judgment vacated, verdict set aside, and case remanded. […]

HOULTON BAND OF MALISEET INDIANS, Plaintiff, Appellant, v. Patricia E. RYAN, Executive Director, Maine Human Rights Commission; Maine Human Rights Commission Members; G. Steven Rowe, Attorney General of the State of Maine; Connie Zetts, Defendants, Appellees. No. 06-1774.United States Court of Appeals, First Circuit.Heard November 9, 2006. Decided April 17, 2007. Appeal from the United […]

Aurelia REYES, Plaintiff, Appellant, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Defendant, Appellee. No. 5751.United States Court of Appeals, First Circuit. March 14, 1961. Frank Torres, Ponce, P.R., for appellant. Alan S. Rosenthal, Attorney, Washington, D.C., with whom Geo. S. Leonard, Acting Asst. Atty. Gen., Francisco A. Gil, Jr., U.S. Atty., San […]

FEDERAL INSURANCE COMPANY, Defendant, Appellant, v. Ada Ligia BONILLA COLON, etc., et al., Plaintiffs, Appellees. PAN AMERICAN WORLD AIRWAYS, INC., Defendant, Appellant, v. Ada Ligio BONILLA COLON, etc., et al., Plaintiffs, Appellees. Nos. 6867, 6868.United States Court of Appeals, First Circuit.Heard February 5, 1968. Decided April 2, 1968. Rehearing Denied May 14, 1968 in No. […]

UNITED STATES OF AMERICA, APPELLEE, v. BRIAN K. SCHULTZ, DEFENDANT, APPELLANT. No. 92-1152.United States Court of Appeals, First Circuit.Submitted July 17, 1992. Decided July 22, 1992. Rehearing and Suggestion for Rehearing En Banc Denied August 24, 1992. Page 961 Warren C. Nighswander and Sulloway, Hollis Soden, Concord, N.H., on brief, for defendant, appellant. Jeffrey R. […]

UNITED STATES v. BOSTON MAINE R.R. No. 2235.Circuit Court of Appeals, First Circuit. July 8, 1929. Appeal from the District Court of the United States for the District of Massachusetts. Frederick H. Tarr, of Boston, Mass. (C.M. Charest, Gen. Counsel, and William E. Davis, Sp. Atty., Bureau of Internal Revenue, both of Washington, D.C., of […]

ORENSTEIN v. UNITED STATES. UNITED STATES v. ORENSTEIN. Nos. 4556, 4557.United States Court of Appeals, First Circuit. July 25, 1951. Rehearing Denied August 22, 1951. Page 185 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 186 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

ALICE SHELDON, PLAINTIFF, APPELLEE, v. FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF PUERTO RICO, DEFENDANT, APPELLANT. No. 77-1008.United States Court of Appeals, First Circuit.Argued October 4, 1977. Decided December 15, 1977. Page 806 Carlos G. Latimer, with whom Ramirez, Segal Latimer, San Juan, P.R., was on brief, for defendant, appellant. Roberto J. Matos, San Juan, P.R., […]

Yve Sumaya Amparo De OCASIO, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 03-1629.United States Court of Appeals, First Circuit.Submitted June 9, 2004. Decided July 14, 2004. Randy Olen for petitioner. Hillel R. Smith, Attorney, Office of Immigration Litigation, Civil Division, with Page 106 whom Peter D. Keisler, Assistant Attorney General, and Terri J. Scadron, […]

CORRIVEAU ROUTHIER CEMENT BLOCK, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. No. 7194.United States Court of Appeals, First Circuit. May 5, 1969. Page 348 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 349 Alan Hall, Manchester, N.H., with whom Richard C. […]

Daniel J. GAGNON, Plaintiff, Appellant, v. TELEDYNE PRINCETON, INC., Allegheny Technologies, Inc., Princeton Delivery Systems, Inc. and Does 1-10, Defendants, Appellees. No. 05-1504.United States Court of Appeals, First Circuit.Heard December 9, 2005. Decided February 13, 2006. Appeal from the United States District Court for the District of Massachusetts, Reginald C. Lindsay, J. Page 189 Wilbur […]

LOCKHEED MARTIN CORPORATION, individually, doing business as, and acting by and through “Lockheed Martin Missiles Space” and “Sanders, a Lockheed Martin Company”, Plaintiff, Appellant, v. RFI SUPPLY, INC., formerly known as RFI Communications Security Systems; Grinnell Corporation, doing business as Grinnell Fire Protection Systems Company; Kidde-fenwal, Inc., Defendants, Rantec Power Systems, Inc., Defendant/Third-Party Plaintiff, Appellee/Cross-Appellant, […]

M. SWIFT SONS, Inc., v. W.H. COE MFG. CO. No. 3394.Circuit Court of Appeals, First Circuit. March 2, 1939. Appeal from the District Court of the United States for the District of Rhode Island; John C. Mahoney, Judge. In Equity. Suit for infringement of Swift patent No. 1,974,883, claims 3 and 5, for gold or […]