Category: First Circuit Court of Appeals Opinions

Maureen M. BRITELL, Plaintiff, Appellee, v. UNITED STATES of America, Defendant, Appellant. No. 02-1944.United States Court of Appeals, First Circuit.Heard December 4, 2002. Decided January 28, 2003. Appeal from the United States District Court for the District of Massachusetts, Nancy Gertner, J. Page 71 Robert M. Loeb, Appellate Staff, Civil Division, United States Department of […]

NORTHERN WIND, INC., PLAINTIFF-APPELLANT v. WILLIAM M. DALEY, SECRETARY OF COMMERCE; UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION; AND UNITED STATES OF AMERICA, DEFENDANTS-APPELLEES. No. 99-1526.United States Court of Appeals, First Circuit.Heard November 2, 1999 Decided December 29, 1999. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. […]

ROBERT L. HERNANDEZ, PETITIONER, APPELLANT, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, APPELLEE. No. 86-1276.United States Court of Appeals, First Circuit.Argued January 8, 1987. Decided June 1, 1987. Page 1213 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1214 Eric M. Lieberman, New […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PRIMROSE SUPER MARKET OF SALEM, INC., Respondent. No. 6438.United States Court of Appeals, First Circuit. December 7, 1965. Marcel Mallet-Prevost, Asst. Gen. Counsel, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Warren M. Davison, Martin R. Ganzglass, Attys., N.L.R.B., on memorandum for petitioner. William F. Joy and […]

UNITED STATES OF AMERICA, APPELLANT, v. MICHAEL JACKSON, DEFENDANT, APPELLEE. No. 93-1826.United States Court of Appeals, First Circuit.Heard June 9, 1994. Decided July 19, 1994. Page 200 Margaret E. Curran, Asst. U.S. Atty., with whom Edwin J. Gale, U.S. Atty., and Gerard B. Sullivan, Asst. U.S. Atty., were on brief, for U.S. Appeal from the […]

ATHOL MFG. CO. v. COMMISSIONER OF INTERNAL REVENUE. No. 2573.Circuit Court of Appeals, First Circuit. December 17, 1931. Appeal from the Board of Tax Appeals. Petition by the Athol Manufacturing Company, opposed by the Commissioner of Internal Revenue, to review a decision or order of the Board of Tax Appeals redetermining a deficiency in income […]

Efráin PALMA-MAZARIEGOS, Petitioner, v. Peter D. KEISLER,[*] Acting Attorney General, Respondent. No. 05-2248.United States Court of Appeals, First Circuit.Submitted September 5, 2007. Decided October 2, 2007. [*] Pursuant to Fed.R.App.P. 43(c)(2), Acting Attorney Peter D. keiselr is substituted for former Attorney general Alberto R. Gonzales as respondent. Appeal from the Alien, a Guatemalan national, petitioned […]

UNITED STATES of America, Appellee, v. Norma NIEVES, Defendant, Appellant. No. 02-1754.United States Court of Appeals, First Circuit.Heard January 7, 2003. Decided March 6, 2003. Appeal from the United States District Court for the District of Massachusetts, Nathaniel M. Gorton, J. Page 52 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

FREEDMAN v. UNITED STATES. No. 2735.Circuit Court of Appeals, First Circuit. April 20, 1933. Appeal from the District Court of the United States for the District of Massachusetts; Ira Lloyd Letts, Judge. Louis Freedman was convicted for conspiracy to violate law by transportation in interstate commerce of carloads of grapes at less than established rates […]

UNITED STATES v. CUNHA. No. 4777.United States Court of Appeals, First Circuit. January 8, 1954. Page 327 Charles F. Choate, Asst. U.S. Atty., Boston, Mass. (Anthony Julian, U.S. Atty., Boston, Mass., on the brief), for appellant. William Channing Beucler, Boston, Mass., for appellee. Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges. WOODBURY, Circuit […]

BRISTOLS LABORATORIES, ETC., PETITIONER, v. ELLIOT L. RICHARDSON, SECRETARY OF HEALTH, EDUCATION AND WELFARE, ET AL., RESPONDENTS. No. 71-1394.United States Court of Appeals, First Circuit. December 23, 1971. Gilbert H. Weil, New York City, with whom Edward B. Hanify, Boston, Mass., was on motions and memorandum in support for petitioner. Howard S. Epstein and Ira […]

NORTHEAST DATA SYSTEMS, INC., PLAINTIFF, APPELLANT, v. McDONNELL DOUGLAS COMPUTER SYSTEM COMPANY, DEFENDANT, APPELLEE. No. 92-1690.United States Court of Appeals, First Circuit.Heard November 5, 1992. Decided March 2, 1993. Rehearing and Rehearing En Banc Denied March 31, 1993. Page 608 Roger S. Davis with whom Nancy Pitnof-Mahoney and Davis, Rubin Parker, P.A., Boston, MA, were […]

UNITED STATES OF AMERICA, APPELLEE, v. M.I.M., DEFENDANT, APPELLANT. Nos. 90-1674, 90-1720.United States Court of Appeals, First Circuit.Heard March 5, 1991. Decided May 17, 1991. Page 1017 John Ward Llambias, by appointment of the Court, Santurce, for defendant, appellant. Kathleen A. Felton, Atty., Criminal Div., Appellate Section, Dept. of Justice, Washington, D.C., with whom Daniel […]

UNION BUILDERS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, DISTRICT COUNCIL 94, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO, Intervenor. No. 95-1294United States Court of Appeals, First Circuit.Argued September 9, 1995 Decided October 20, 1995 Page 521 Andrew B. Prescott, with whom Donald P. Rothschild and Tillinghast Collins Graham, Providence, RI, were […]

UNITED STATES OF AMERICA, APPELLEE, v. TITO SANTANA-CAMACHO, DEFENDANT, APPELLANT. No. 86-1898.United States Court of Appeals, First Circuit.Heard September 10, 1987. Decided November 12, 1987. Rafael Yulian Pomar, Santurce, P.R., by Appointment of the Court, for defendant, appellant. Jorge E. Vega-Pacheco, San Juan, P.R., with whom Daniel F. Lopez Romo, U.S. Atty., Hato Rey, P.R., […]

OSCAR N. BURKS, JR., PETITIONER, APPELLANT, v. LARRY E. DUBOIS, RESPONDENT, APPELLEE. No. 94-2197.United States Court of Appeals, First Circuit.Heard May 1, 1995. Decided June 8, 1995. Page 713 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 714 Neil F. Colleran, Lexington, […]

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, […]

K. Andrew HULL; Patricia Rivera-Hull; and Rivera-Hull Conjugal Partnership, Plaintiffs, Appellants, v. MUNICIPALITY OF SAN JUAN; Ace Insurance Company; and Target Engineering, S.E., Defendants, Appellees. No. 02-2590.United States Court of Appeals, First Circuit.Heard November 4, 2003. Decided January 20, 2004. Appeal from the United States District Court for the District of Puerto Rico, Gilberto Gierbolini-Ortiz, […]

JOSE MANUEL FIGUEROA-RODRIGUEZ, ET AL., PLAINTIFFS, APPELLEES, v. AURELIO LOPEZ-RIVERA, ETC., DEFENDANT, APPELLANT. JOSE MANUEL FIGUEROA-RODRIGUEZ, ET AL., PLAINTIFFS, APPELLEES, v. AURELIO LOPEZ-RIVERA, ETC., DEFENDANT, APPELLEE. APPEAL OF ALICE NET-CARLO. Nos. 87-1319, 87-1320.United States Court of Appeals, First Circuit. April 22, 1988. Alice Net Carlo with whom Law Offices of Garcia Rodon, Correa Marquez Valderas, […]

Janet KRAUSE et al., Claimants, Appellants, v. Daniel F. FEATHERSTON, Jr., Receiver, Appellee. August P. MAYKUT, Claimant, Appellant, v. Daniel F. FEATHERSTON, Jr., Receiver, Appellee. Nos. 6820, 6821.United States Court of Appeals, First Circuit.Heard April 3, 1967. Decided May 9, 1967. Sumner H. Woodrow, Boston, Mass., for appellants. Daniel F. Featherston, Jr., Boston, Mass., with […]

PUERTO RICO TELEPHONE COMPANY, INC., Plaintiff, Appellee, v. MUNICIPALITY OF GUAYANILLA and The Honorable Edgardo Arlequín Vélez, Mayor of the Municipality of Guayanilla, Defendants, Appellants. No. 05-1400.United States Court of Appeals, First Circuit.Heard November 8, 2005. Decided June 7, 2006. Appeal from the United States District Court for the District of Puerto Rico, Salvador E. […]

PUERTO RICO MARITIME SHIPPING AUTHORITY, ET AL., PLAINTIFFS, APPELLANTS, v. CROWLEY TOWING AND TRANSPORTATION COMPANY, DEFENDANT, THIRD-PARTY PLAINTIFF, APPELLEE, v. STATE FAIR PRODUCTION, INC., ET AL., THIRD-PARTY DEFENDANTS, APPELLEES. PUERTO RICO MARITIME SHIPPING AUTHORITY, ET AL., PLAINTIFFS, APPELLEES, v. CROWLEY TOWING AND TRANSPORTATION COMPANY, DEFENDANT, THIRD-PARTY PLAINTIFF, APPELLANT, v. STATE FAIR PRODUCTION, INC., ET AL., […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. JOSEPH DiGREGORIO, HERMIS YANIS, JR., RUBEN BADILLO, JOHN DELVECCHIO, DEFENDANTS, APPELLANTS. Nos. 78-1468 to 78-1471.United States Court of Appeals, First Circuit.Argued June 5, 1979. Decided August 14, 1979. Certiorari Denied October 29, 1979. Page 1185 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

JOSE DENIS RODRIGUEZ, ET AL., PLAINTIFFS, APPELLEES, v. JUAN COMAS, DEFENDANT, APPELLANT. No. 87-1318.United States Court of Appeals, First Circuit.Heard November 2, 1988. Decided May 30, 1989. As Amended on Denial of Rehearing October 11, 1989. Opinion on Rehearing and Rehearing En Banc Denied November 7, 1989. Anabelle Rodriguez, Asst. Sol. Gen., Dept. of Justice, […]

Matthew RAICHE, Plaintiff, Appellee, v. Jamie PIETROSKI, Defendant, Appellant, James Coyne, Defendant. No. 09-1910.United States Court of Appeals, First Circuit.Heard July 28, 2010. Decided October 25, 2010. Appeal from the United States District Court for the District of Massachusetts, Robert B. Collings, United States Magistrate Judge. Page 31 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

VANESSA REDGRAVE AND VANESSA REDGRAVE ENTERPRISES, LTD., PLAINTIFFS, APPELLANTS, v. BOSTON SYMPHONY ORCHESTRA, INC., DEFENDANT, APPELLEE. VANESSA REDGRAVE AND VANESSA REDGRAVE ENTERPRISES, LTD., PLAINTIFFS, APPELLEES, v. BOSTON SYMPHONY ORCHESTRA, INC., DEFENDANT, APPELLANT. Nos. 85-1305, 85-1341.United States Court of Appeals, First Circuit.Heard April 6, 1988. Decided August 31, 1988. Page 889 Daniel J. Kornstein with whom […]

In re ARCH WIRELESS, INC.; Paging Network, Inc., Debtors. Arch Wireless, Inc.; Paging Network, Inc., Appellants, v. Nationwide Paging, Inc., Appellee. No. 07-1611.United States Court of Appeals, First Circuit.Heard January 8, 2008. Decided July 23, 2008. Appeal from the United States District Court for the District of Massachusetts, Mark L. Wolf, J. Page 77 [EDITORS’ […]

VICTOR M. FONTANE-REXACH, PLAINTIFF, APPELLEE, v. PUERTO RICO ELECTRIC POWER AUTHORITY, ET AL., DEFENDANTS, APPELLANTS. No. 87-1801.United States Court of Appeals, First Circuit. April 22, 1988. Alice Net Carlo, Rio Piedras, P.R., with whom Wilda Rodriguez Plaza and Law Offices of Garcia Rodon, Correa Marquez Valderas, Hato Rey, P.R., were on brief, for defendants, appellants. […]

UNITED STATES of America, Appellee, v. Richard Clinton VAN DUSEN, Defendant, Appellant. No. 7580.United States Court of Appeals, First Circuit. October 5, 1970. Page 1279 Howard H. Dana, Jr., Portland, Me., by appointment of the Court, with whom Verrill, Dana, Philbrick, Putnam Williamson, Portland, Me., was on brief, for defendant-appellant. Peter Mills, U.S. Atty., for […]

UNITED STATES OF AMERICA, APPELLEE, v. WILLIAM F. GERARDI ET AL., APPELLANTS. No. 78-1261.United States Court of Appeals, First Circuit.Submitted October 3, 1978. Decided November 22, 1978. Page 897 Harvey Brower, Revere, Mass., on brief for appellants. Gerald E. McDowell, John R. Tarrant, U.S. Dept. of Justice, Washington, D.C., and Edward F. Harrington, U.S. Atty., […]

UNITED STATES OF AMERICA, APPELLEE, v. LAWRENCE J. ROMANO, APPELLANT. No. 97-1630.United States Court of Appeals, First Circuit.Heard October 9, 1997. March 9, 1998. Wendy Sibbison with whom Michael O. Jennings was on brief for appellant. Nadine Pellegrini, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief for appellee. […]

UNITED STATES of America, Appellee, v. Roy PIZARRO-BERRÍOS, Defendant, Appellant. No. 04-2062.United States Court of Appeals, First Circuit.Heard March 6, 2006. Decided May 5, 2006. Appeal from the United States District Court for the District of Puerto Rico, Hector M. Laffitte, J. Page 2 Jorge L. Armenteros-Chervoni, for appellant. Germán A. Rieckehoff, Assistant United States […]

Selvin Asael MEJILLA-ROMERO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. No. 08-2336.United States Court of Appeals, First Circuit.Submitted November 10, 2009. Decided April 6, 2010. Appeal from the petitioned for review of order of Board of Immigration Appeals (BIA). Page 64 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

RAFAEL APONTE MATOS, ET AL., PLAINTIFFS, APPELLANTS, v. PEDRO TOLEDO DAVILA, ET AL., DEFENDANTS, APPELLEES. No. 97-1645.United States Court of Appeals, First Circuit.Heard December 3, 1997. Decided February 3, 1998. Page 183 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 184 Rafael […]

Ernesto DÁVILA, Plaintiff, Appellant, v. CORPORACIÓN DE PUERTO RICO PARA LA DIFUSIÓN PÚBLICA, Defendant, Appellee. No. 06-2353.United States Court of Appeals, First Circuit.Submitted June 7, 2007. Decided August 7, 2007. Appeal from the United States District Court for the District of Puerto Rico, Raymond L. Acosta, Senior District Judge. Page 10 [EDITORS’ NOTE: THIS PAGE […]

ALBERT LOMBARDO, PLAINTIFF, APPELLANT, v. LARRY MEACHUM ET AL., DEFENDANTS, APPELLEES. No. 76-1265.United States Court of Appeals, First Circuit.Argued October 6, 1976. Decided January 20, 1977. Anne Hoffman, Roxbury, Mass., for plaintiff, appellant. Michael C. Donahue, Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief for defendants, appellees. Appeal […]

UNITED STATES, Appellee, v. Angel LOPEZ, Defendant-Appellant. No. 00-2405.United States Court of Appeals, First Circuit.Heard June 13, 2002. Decided August 14, 2002. Appeal from the United States District Court for the District of Massachusetts, William G. Young, J. Page 85 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

MORGAN’S, Inc., et al. v. COMMISSIONER OF INTERNAL REVENUE. No. 2807.Circuit Court of Appeals, First Circuit. December 15, 1933. Appeal from the Board of Tax Appeals. Petition by Morgan’s, Inc., and others, opposed by the Commissioner of Internal Revenue, to review an order of the Board of Tax Appeals. Order set aside and case remanded. […]

Russell McPHAIL, Plaintiff, Appellant, v. The L.S. STARRETT COMPANY, Defendant, Appellee. No. 5330.United States Court of Appeals, First Circuit.Heard May 7, 1958. Decided July 18, 1958. Page 389 Walter Powers, Boston, Mass., with whom Walter Powers, Jr., Boston, Mass., was on brief, for appellant. Charles B. Rugg, Boston, Mass., with whom Fred B. Lund, Jr., […]

James H. RUSSELL et al., Defendants, Appellants, v. Helen GONYER, Administratrix, Plaintiff, Appellee. No. 5411.United States Court of Appeals, First Circuit. March 30, 1959. Franklin R. McKay, Attleboro, Mass., with whom John G. Carroll and Carroll Dwyer, Providence, R.I., were on the brief, for appellants. Walter J. Hennessey, Providence, R.I., with whom Albert Lisker and […]

LATINOS UNIDOS DE CHELSEA EN ACCION (LUCHA), ET AL., PLAINTIFFS, APPELLANTS, v. SECRETARY OF HOUSING AND URBAN DEVELOPMENT, ET AL., DEFENDANTS, APPELLEES. No. 85-1573.United States Court of Appeals, First Circuit.Argued May 7, 1986. Decided August 12, 1986. Page 775 Alan Jay Rom, Lawyers Committee for Civil Rights Under Laws of the Boston Bar Ass’n, with […]

RAMALLO BROS. PRINTING, INC., Plaintiff, Appellant, v. El DÍA, INC.; Editorial Primera Hora, Inc.; Advanced Graphic Printing, Inc.; Carlos Nido, Defendants, Appellees. No. 06-2512.United States Court of Appeals, First Circuit.Heard May 8, 2007. Decided June 18, 2007. Appeal from the United States District Court for the District of Puerto Rico, José Antonio Fusté, J., 2006 […]

HARNEY SHOES, Inc., v. NATIONAL FABRIC FINISHING CO. et al. No. 2461.Circuit Court of Appeals, First Circuit. November 8, 1930. Page 518 Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Petition in bankruptcy by the National Fabric Furnishing Company and others against Harney Shoes, Incorporated. […]

UNITED STATES OF AMERICA, APPELLEE, v. EUGENE J. IZZI, A/K/A GINO, DEFENDANT-APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. FRANK SANTOS, A/K/A FRANKIE RUBIROSO, A/K/A EFRAIN SANTOS, DEFENDANT-APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. ALBERTO CRUZ FONTANEZ, DEFENDANT-APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. CARLOS CUEVAS MORALES, DEFENDANT-APPELLANT. Nos. 77-1382 to 77-1385.United States Court of Appeals, […]

TOWN OF BURLINGTON, ET AL., PLAINTIFFS, APPELLEES, v. DEPARTMENT OF EDUCATION FOR THE COMMONWEALTH OF MASSACHUSETTS, ET AL., DEFENDANTS, APPELLANTS. TOWN OF BURLINGTON, ET AL., PLAINTIFFS, APPELLEES, v. DEPARTMENT OF EDUCATION FOR THE COMMONWEALTH OF MASSACHUSETTS, DEFENDANT, APPELLEE, JOHN DOE, ETC., DEFENDANT, APPELLANT. TOWN OF BURLINGTON, ET AL., PLAINTIFFS, APPELLANTS, v. DEPARTMENT OF EDUCATION FOR […]

TRUCK DRIVERS HELPERS UNION, LOCAL NO. 170, PETITIONER, v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT. GIRARDI DISTRIBUTORS, INC., INTERVENOR. No. 92-1993.United States Court of Appeals, First Circuit.Heard February 2, 1993. Decided May 26, 1993. Page 991 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

UNITED STATES OF AMERICA, APPELLEE, v. PEDRO RIVERA, DEFENDANT, APPELLANT. No. 96-2188.United States Court of Appeals, First Circuit.Heard September 9, 1997. Decided December 2, 1997. Page 223 Rafael Castro Lang and Rachel Brill for appellant. Andrew C. Mergen with whom Anne S. Almy, Charles A. De Monaco, Michael J. Woods, David C. Shilton, Peter A. […]

Renato STRONI, Petitioner, v. Alberto GONZALES, United States Attorney General, Respondent. No. 05-2561.United States Court of Appeals, First Circuit.Heard June 5, 2006. Decided July 13, 2006. Appeal from the Board of Immigration Appeals. Page 83 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

MS. M., as parent and next friend of K.M., a minor, Plaintiff, Appellant, v. PORTLAND SCHOOL COMMITTEE, Defendant, Appellee. No. 03-2035.United States Court of Appeals, First Circuit.Heard February 5, 2004. Decided March 9, 2004. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, J. Page 268 Richard L. O’Meara, […]

UNITED STATES, APPELLEE, v. JUAN JOSE RESTREPO, A/K/A JAIME VALENCIA, DEFENDANT, APPELLANT. No. 94-1053.United States Court of Appeals, First Circuit.Submitted March 1, 1995. Decided March 24, 1995. Anthony M. Cardinale and Nicholas J. DiMauro, on brief, for appellant. Donald K. Stern, U.S. Atty., and Emily R. Schulman, Asst. U.S. Atty., on brief, for appellee. Appeal […]

ABREEN CORP., PLAINTIFF, APPELLEE, v. LABORERS’ INTERNATIONAL UNION, N.A., AFL, AFL-CIO, DEFENDANT, APPELLANT. ABREEN CORP., PLAINTIFF, APPELLEE, v. LABORERS’ INTERNATIONAL UNION, N.A., AFL, AFL-CIO, ET AL., DEFENDANTS, APPELLEES. MASSACHUSETTS LABORERS’ DISTRICT COUNCIL, DEFENDANT, APPELLANT. ABREEN CORP., PLAINTIFF, APPELLEE, v. LABORERS’ INTERNATIONAL UNION, N.A., AFL, AFL-CIO, ET AL., DEFENDANTS, APPELLEES. LABORERS’ LOCAL 609, DEFENDANT, APPELLANT. MARTIN […]

John F. GOLDEN, Jr., Defendant, Appellant, v. UNITED STATES of America, Appellee. No. 6062.United States Court of Appeals, First Circuit. June 18, 1963. Page 358 James D. St. Clair, Boston, Mass., with whom Robert E. Fast, Boston, Mass., was on brief, for appellant. Daniel B. Bickford, Asst. U.S. Atty., with whom W. Arthur Garrity, Jr., […]

TALBOT MILLS v. COMMISSIONER OF INTERNAL REVENUE. No. 4015.Circuit Court of Appeals, First Circuit. December 22, 1944. Petition for Review of the Tax Court of the United States. Petition by Talbot Mills to review a decision of the Tax Court of the United States, 3 T.C. 95, redetermining a deficiency in the income and excess […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. STANDARD COIL PRODUCTS CO., Inc., Respondent. No. 4920.United States Court of Appeals, First Circuit. July 15, 1955. Ruth V. Reel, Washington, D.C., with whom David P. Findling, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Samuel M. Singer, Washington, D.C., Atty., were on brief, for petitioner. Stanley Geller, […]

UNITED STATES OF AMERICA, APPELLEE, v. AUDREY BAILEY, DEFENDANT, APPELLANT. No. 87-1023.United States Court of Appeals, First Circuit.Heard July 29, 1987. Decided May 3, 1988. Gail S. Strassfeld with whom Nancy Gertner, by Appointment of the Court, and Silverglate, Gertner, Fine, Good Mizner, Boston, Mass., were on brief for defendant, appellant. Paul F. Healy, Jr., […]

Frank ARENA, Plaintiff, Appellant, v. LUCKENBACH STEAMSHIP COMPANY, Inc., et al., Defendants, Appellees. No. 5601.United States Court of Appeals, First Circuit. May 11, 1960. Rehearing Denied June 10, 1960. George P. Donovan, East Boston, Mass., for appellant. Leo F. Glynn, Boston, Mass., for Luckenbach S.S. Co., Inc., appellee. Before WOODBURY, Chief Judge, and HARTIGAN and […]

JAMES M. DiPERRI, ET AL., PLAINTIFFS, APPELLANTS, v. FEDERAL AVIATION ADMINISTRATION, ET AL., DEFENDANTS, APPELLEES. No. 81-1468.United States Court of Appeals, First Circuit.Argued November 2, 1981. Decided February 19, 1982. Page 55 James J. Twohig, South Boston, Mass., for plaintiffs, appellants. Richard J. Lettieri, Boston, Mass., with whom James P. Whitters, III, Martha J. Koster, […]

INTERNATIONAL LONGSHOREMEN’S ASSOCIATION AFL-CIO, LOCAL 1066, et al., Defendants, Appellants, v. BOSTON SHIPPING ASSOCIATION, INC., et al., Plaintiffs, Appellees. No. 6968.United States Court of Appeals, First Circuit. December 8, 1967. Francis J. Larkin, Milford, Mass., with whom Joseph T. Doyle, Philadelphia, Pa., was on brief, for appellants. Leo F. Glynn, Boston, Mass., for appellees. Before […]

UNITED STATES OF AMERICA, APPELLEE, v. ELEUTERIO CORTIJO-DIAZ, DEFENDANT, APPELLANT. No. 87-1513.United States Court of Appeals, First Circuit.Heard January 13, 1989. Decided May 23, 1989. Charles W. Rankin, by Appointment of the Court, with whom Rankin Sultan was on brief for defendant, appellant. Juan A. Pedrosa, Asst. U.S. Atty., with whom Daniel F. Lopez-Romo, U.S. […]

FARRINGTON et al. v. COMMISSIONER OF INTERNAL REVENUE. No. 2303.Circuit Court of Appeals, First Circuit. February 18, 1929. Appeal from the United States Board of Tax Appeals. The Commissioner of Internal Revenue determined a deficiency due in an estate tax against the estate of Norton Eugene Hollis, deceased, and from a decree of the Board […]

UNITED STATES of America, Appellee, v. David TURNER, Defendant, Appellant. No. 03-2608.United States Court of Appeals, First Circuit.Heard September 15, 2006. Decided August 31, 2007. Appeal from the United States District Court for the District of Massachusetts, Richard G. Stearns, J. Page 60 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

RAY MARSHALL, SECRETARY OF LABOR, PLAINTIFF, APPELLEE, v. COMMONWEALTH AQUARIUM, DEFENDANT, APPELLANT. No. 79-1276.United States Court of Appeals, First Circuit.Argued October 4, 1979. Decided December 13, 1979. Roy D. Toulan, Jr., Boston, Mass., with whom Brown, Rudnick, Freed Gesmer, Boston, Mass., was on brief, for defendant, appellant. Ann D. Nachbar, Atty., U.S. Dept. of Labor, […]

UNITED STATES of America, Appellee, v. David J. O’CONNOR, Defendant-Appellant. No. 7629.United States Court of Appeals, First Circuit. October 16, 1970. Page 753 Francis J. DiMento, Boston, Mass., with whom DiMento Sullivan and Thomas C. Cameron, Boston, Mass., were on brief, for defendant-appellant. Wayne B. Hollingsworth, Asst. U.S. Atty., with whom Herbert F. Travers, Jr., […]

RAYMOND D. ROBERT, PLAINTIFF, APPELLANT, v. CONSOLIDATED RAIL CORPORATION, DEFENDANT, APPELLEE. No. 87-1069.United States Court of Appeals, First Circuit.Heard June 5, 1987. Decided October 28, 1987. Page 4 Mark J. McCarthy with whom Phillip S. Arensberg, McClung, Peters and Simon, Albany, N.Y., and Lawrence E. Ehrhard, Springfield, Mass., were on brief, for plaintiff, appellant. Leonard […]

LUMMUS COMPANY, Defendant, Appellant, v. COMMONWEALTH OIL REFINING COMPANY, Inc., Plaintiff, Appellee (three cases). Nos. 5552-5554.United States Court of Appeals, First Circuit. December 21, 1959. Richard Bancroft, Putnam, Bell, Santry Ray, Boston, Mass., Cahill, Gordon, Reindel Ohl, New York City, and McConnell, Valdes Kelley, San Juan, P.R., for appellant on motion for stay and memorandum […]

Karen Lynn BIENKOWSKI, David Eberle, Delia Ann Hoye and Edward McDonald, Plaintiffs, Appellees, v. NORTHEASTERN UNIVERSITY, Defendant, Appellant. No. 01-1980.United States Court of Appeals, First Circuit.Heard January 7, 2002. April 8, 2002. Rehearing and Suggestion for Rehearing En Banc Denied April 23, 2002. Page 139 Judith A. Malone, with whom Krista Green Pratt, Palmer Dodge […]

NESTOR AYALA SERRANO, PLAINTIFF, APPELLEE, v. CRUZ LEBRON GONZALEZ, DEFENDANT, APPELLANT. No. 89-1366.United States Court of Appeals, First Circuit.Heard March 8, 1990. Decided July 18, 1990. Page 9 Reina Colon De Rodriguez, Asst. Sol. Gen., with whom Jorge E. Perez Diaz, Sol. Gen., and Norma Cotti Cruz, Deputy Sol. Gen., were on brief for defendant, […]

SOL KAISER, ET AL., PLAINTIFFS, APPELLANTS, v. ARMSTRONG WORLD INDUSTRIES, INC., ET AL., DEFENDANTS, APPELLEES. No. 88-1215.United States Court of Appeals, First Circuit.Heard January 12, 1989. Decided April 13, 1989. Page 513 John J. McConnell, Jr., with whom, Maria H. Sandoval and Law Offices of Nachman Fernandez-Sein, San Juan, P.R., were on brief, for plaintiffs, […]

José VÉLEZ, Plaintiff, Appellant, v. THERMO KING DE PUERTO RICO, INC., Defendant, Appellee. No. 08-1320.United States Court of Appeals, First Circuit.Heard March 6, 2009. Decided October 16, 2009. Appeal from the District of Puerto Rico, Jay A. García-Gregory, J. Page 442 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

UNITED STATES OF AMERICA, APPELLEE, v. JOSE CORPUS, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. MARCOS SEGUNDO-JUVINAO, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. LUIS GONZALEZ, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. ORLANDO TORO, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. ELIEZER VALDERIANQUES, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, […]

UNITED STATES of America, Appellee, v. Eduardo PAGÁN-RODRÍGUEZ, Defendant, Appellant. No. 08-1516.United States Court of Appeals, First Circuit.Submitted March 3, 2010. Decided March 31, 2010. Appeal from the United States District Court for the District of Puerto Rico, Juan M. Pérez-Giménez, J. Page 40 David W. Román and Brown Ubarri, on brief, for appellant. Rosa […]

CHARLES HEIT, PLAINTIFF, APPELLANT, v. WALTER S. BAIRD ET AL., DEFENDANTS, APPELLEES. No. 77-1327.United States Court of Appeals, First Circuit.Argued October 6, 1977. Decided December 29, 1977. Page 1158 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1159 Stephen D. Oestereich, New […]

ATLAS PALLET, INC., PLAINTIFF, APPELLANT, v. BERNARD GALLAGHER, ETC., ET AL., DEFENDANTS, APPELLEES, No. 83-1002.United States Court of Appeals, First Circuit.Argued August 1, 1983. Decided January 16, 1984. Page 132 John A. MacFadyen, III, Providence, R.I., with whom George M. Vetter, Jr., Providence, R.I., was on brief, for plaintiff, appellant. Brian P. Cassidy, Regional Counsel, […]

ALLEN P. DEA, PLAINTIFF, APPELLANT, v. CHRISTOPHER S. LOOK, JR., ET AL., DEFENDANTS, APPELLEES. No. 86-1751.United States Court of Appeals, First Circuit.Argued December 1, 1986. Decided January 28, 1987. Page 13 Robert A. Penney, Boston, Mass., for plaintiff, appellant. Michael C. Gilman with whom Holtz and Gilman, P.C., Boston, Mass., was on brief for defendants, […]

HUNTLEY v. SNIDER.[*] No. 3170.Circuit Court of Appeals, First Circuit. November 20, 1936. [*] Rehearing denied 88 F.2d ___. Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Proceeding in the matter of David W. Huntley, bankrupt, wherein the bankrupt filed a petition for a discharge, […]

Jean C. GRAHAM, Plaintiff, Appellant, v. MALONE FREIGHT LINES, INC., et al, Defendants, Appellees. No. 98-2074.United States Court of Appeals, First Circuit.Heard June 7, 1999. Decided July 21, 1999. Ordered Published January 5, 2000. Appeal from the United States District Court for the District of Massachusetts, Nancy Gertner, J. Page 8 [EDITORS’ NOTE: THIS PAGE […]

UNITED STATES OF AMERICA, APPELLEE, v. KERRY POULACK, DEFENDANT-APPELLANT. No. 76-1434.United States Court of Appeals, First Circuit.Argued March 2, 1977. Decided May 26, 1977. Page 84 Martin G. Weinberg, Boston, Mass., by appointment of the court, with whom Oteri Weinberg, Boston, Mass., on brief, for defendant-appellant. Robert B. Collings, Asst. U.S. Atty., Chief, Criminal Division, […]

MICHELE LEVESQUE, ET AL., PLAINTIFFS, APPELLEES, v. JOHN R. BLOCK, SECRETARY OF AGRICULTURE, ET AL., DEFENDANTS, APPELLANTS. MICHELE LEVESQUE, ET AL., PLAINTIFFS, APPELLEES, v. JOHN R. BLOCK, SECRETARY OF AGRICULTURE, DEFENDANT, APPELLEE. RICHARD A. CHEVREFILS, ET AL., DEFENDANTS, APPELLANTS. Nos. 83-1341, 83-1342.United States Court of Appeals, First Circuit.Argued June 7, 1983. Decided December 20, 1983. […]

BOSTON BEER COMPANY LIMITED PARTNERSHIP, D/B/A THE BOSTON BEER COMPANY, PLAINTIFF, APPELLANT, v. SLESAR BROS. BREWING COMPANY, INC., D/B/A BOSTON BEER WORKS, DEFENDANT, APPELLEE. Nos. 93-1290, 93-1520.United States Court of Appeals, First Circuit.Heard October 5, 1993. Decided November 16, 1993. Page 176 William O. Hennessey, Manchester, NH, with whom Richard A. Savrann and Burns Levinson, […]

OPEN SOFTWARE FOUNDATION, INC., and Hewlett Packard Company Plaintiffs, Appellants, v. UNITED STATES FIDELITY AND GUARANTY CO., Defendant, Appellee. No. 01-2342.United States Court of Appeals, First Circuit.Heard June 10, 2002. Decided October 4, 2002. Rehearing and Suggestion for Rehearing En Banc Denied November 13, 2002. Appeal from the United States District Court for the District […]

MARIA D. FELICIANO DE LA CRUZ, ERASMO JIMENEZ, AND THEIR CONJUGAL PARTNERSHIP, Plaintiffs, Appellants, v. EL CONQUISTADOR RESORT AND COUNTRY CLUB AND HUGH A. ANDREWS Defendants, Appellees. No. 99-1810.United States Court of Appeals, First Circuit. June 6, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Juan M. Perez-Gimenez, […]

FORBES v. COMMISSIONER OF INTERNAL REVENUE. No. 3078.Circuit Court of Appeals, First Circuit. February 25, 1936. Page 205 Appeal from Board of Tax Appeals. Petition by Dorothy Forbes to review a decision of the Board of Tax Appeals redetermining a deficiency in the tax imposed by the Commissioner of Internal Revenue. Decision reversed, and case […]

Howard HILDEBRANDT et al., Defendants-Appellants, v. UNITED STATES of America, Appellee. No. 4834.United States Court of Appeals, First Circuit. November 17, 1954. Appeal from an order of the United States District Court for the District of Rhode Island; Edward William Day, Judge. Howard Hildebrandt, pro se. Jacob S. Temkin, U.S. Atty., Providence, R.I. (Henry R. […]

MURDOCH v. CLARK. No. 2618.Circuit Court of Appeals, First Circuit. November 3, 1931. Appeal from the District Court of the United States for the District of Rhode Island; Ira Lloyd Letts, Judge. Petition for writ of habeas corpus by William T. Murdoch against William M. Clark, United States Immigration Inspector. The petition was denied, and […]

Banco De Ponce v. Buxbaum. 94-7237.United States Court of Appeals, First Circuit. November 15, 1994. Appeal from S.D.N.Y. Decisions without Published Opinions Affirmed and Remanded.

Pius AWUAH, Nilton Dos Santos, Geraldo Correia, Benecira Cavalcante, Denisse Pineda, Jai Prem, Aldivar Brandao, Phillip Beitz, Richard Barrientos, Marian Lewis, Stanley Stewart, and all others similarly situated, Plaintiffs, Appellees, v. COVERALL NORTH AMERICA, INC., Defendant, Appellant. No. 09-1284.United States Court of Appeals, First Circuit.Heard October 5, 2009. Decided October 27, 2009. Appeal from the […]

UNITED STATES of America, Appellee, v. Pedro PIMENTEL, Defendant, Appellant. No. 07-1512.United States Court of Appeals, First Circuit.Heard June 5, 2008. Decided August. 21, 2008. Appeal from the United States District Court for the District of Puerto Rico, Juan M. Perez-Gimenez, J. Page 27 Luis A. Guzmán-Dupont, for appellant. Thomas F. Klumper, Assistant United States […]

DONALD E. POWERS, PLAINTIFF, APPELLANT, v. BETHLEHEM STEEL CORPORATION, DEFENDANT, APPELLEE, v. McKIE LIGHTER CO., INC., DEFENDANT, APPELLEE. DONALD E. POWERS, PLAINTIFF, APPELLANT, v. McKIE LIGHTER CO., INC., DEFENDANT, APPELLEE. Nos. 72-1197, 72-1198.United States Court of Appeals, First Circuit.Heard March 7, 1973. Decided April 9, 1973. Rehearings Denied May 10, August 23, 1973. Page 644 […]

LITTLE v. WHITE, Collector. No. 2513.Circuit Court of Appeals, First Circuit. March 10, 1931. Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Judge. Action by Clara B. Little against Thomas W. White, Collector. Judgment for defendant, and plaintiff appeals. Affirmed. Harrison M. Davis, of Boston, Mass. […]

COAKLEY v. EQUITABLE BANK TRUST CO. No. 2518.Circuit Court of Appeals, First Circuit. February 11, 1931. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Action by the Equitable Bank Trust Company against Daniel H. Coakley. Judgment for plaintiff, and defendant appeals. Affirmed. Thomas H. Mahony, […]

Benjamin Fransiskus TANDAYU, Petitioner, v. Michael B. MUKASEY, Attorney General,[*] Respondent. No. 07-1738.United States Court of Appeals, First Circuit.Submitted November 19, 2007. Decided March 27, 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 as the respondent herein. Page 98 David J. Rodkin, […]

SHELL OIL COMPANY, PLAINTIFF-APPELLANT, v. PHILIP W. NOEL ET AL., DEFENDANTS-APPELLEES. No. 79-1393.United States Court of Appeals, First Circuit.Argued November 6, 1979. Decided December 26, 1979. Page 209 Robert G. Abrams, Washington, D.C., with whom A. M. Minotti, William Simon, Stuart H. Harris and Howrey Simon, Washington, D.C., were on brief, for appellant. Patrick J. […]

GREEN VALLEY CREAMERY, Inc., v. UNITED STATES et al., and three other cases. Nos. 3461, 3462, 3464, 3465.Circuit Court of Appeals, First Circuit. July 21, 1939. Page 755 Appeals from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. Suits by the United States of America and another […]

JAMES BELLINO, ET AL., PLAINTIFFS, APPELLEES, v. SCHLUMBERGER TECHNOLOGIES, INC., DEFENDANT, APPELLANT. No. 91-1144.United States Court of Appeals, First Circuit.Heard June 4, 1991. Decided September 11, 1991. Rehearing and Rehearing En Banc Denied November 20, 1991. Page 27 W. Irl Reasoner with whom Jean M. Frazier, Baker Hostetler, Columbus, Ohio, Joseph J. Hahn, and Bernstein, […]

DAVID D. STEVENS, PLAINTIFF, APPELLEE, v. BANGOR AND AROOSTOOK RAILROAD COMPANY, DEFENDANT, APPELLANT. No. 96-1134.United States Court of Appeals, First Circuit.Heard July 31, 1996 Decided October 9, 1996. Page 595 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 596 Jeffrey T. Edwards, […]

W. Stanley BARRETT et al., Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. No. 6458.United States Court of Appeals, First Circuit. July 19, 1965. Page 917 Richard F. Canning, Providence, R.I., with whom Andrew P. Quinn and Letts Quinn, Providence, R.I., were on brief, for petitioners. J. Edward Shillingburg, Attorney, Department of Justice, with whom Louis […]