Category: First Circuit Court of Appeals Opinions

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 […]

UNITED STATES OF AMERICA, APPELLEE, v. ASSADA ABOU-SAADA, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. MILAD K. EL-DEBEIB, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. ANTONIOUS TANNOUS, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. YACOUB FAYAD, DEFENDANT, APPELLANT. Nos. 85-1101 to 85-1104.United States Court of Appeals, First Circuit.Argued November 12, 1985. Decided […]

FEDERAL TRADE COMMISSION, Plaintiff, Appellee, v. DIRECT MARKETING CONCEPTS, INC., d/b/a Today’s Health and Direct Fulfillment; ITV Direct, Inc., d/b/a Direct Fulfillment; Donald W. Barrett; Robert A. Maihos; BP International, Inc., Defendants, Appellants, Healthy Solutions, LLC, d/b/a Direct Business Concepts; Health Solutions, Inc.; Alejandro Guerrero, d/b/a Alex Guerrero; Michael Howell; Greg Geremesz; Triad ML Marketing, […]

MICHAEL ALAN CROOKER, PLAINTIFF, APPELLANT, v. UNITED STATES PAROLE COMMISSION, DEFENDANT, APPELLEE. No. 83-1687.United States Court of Appeals, First Circuit.Submitted March 8, 1985. Opinion of the Court Announced April 17, 1985. Eric R. Glitzenstein, Katherine A. Meyer, Alan B. Morrison and John Cary Sims, Public Citizen Litigation Group, Washington, D.C., on brief for plaintiff, appellant. […]

GREENWICH FEDERAL SAVINGS AND LOAN ASSOCIATION, PLAINTIFF, APPELLANT, v. FIDELITY BOND MORTGAGE COMPANY OF PUERTO RICO, ET AL., DEFENDANTS, APPELLEES. No. 82-1569.United States Court of Appeals, First Circuit. June 15, 1983. Rehearing Denied July 19, 1983. Jaime Sifre-Rodriguez, Hato Rey, P.R., with whom Cepeda, Sanchez-Betances Sifre, Hato Rey, P.R., was on brief, for plaintiff, appellant. […]

UNITED STATES of America, Appellee, v. Raúl POL-LORES, Defendant, Appellant. No. 10-1230.United States Court of Appeals, First Circuit.Heard March 11, 2011. Decided April 29, 2011. Appeal from the United States District Court for the District of Puerto Rico, Gustavo A. Gelpí, J. Page 2 Rafael F. Castro Lang for appellant. Nelson J. Peréz-Sosa, Assistant United […]

JUSINO et al. v. MORALES TIO No. 3942.Circuit Court of Appeals, First Circuit. January 18, 1944. Page 947 Appeal from the District Court of the United States for Puerto Rico; Robert A. Cooper, Judge. Action by Francisco Jusino and others against Morales Tio for recovery of unpaid minimum wages under the Fair Labor Standards Act […]

Carmen D. PASTRANA-TORRES; Beatriz Rivera Cruz; Rene Rivera-Murillo, Plaintiffs, Appellees, v. CORPORACIÓN DE PUERTO RICO PARA LA DIFUSIÓN PÚBLICA, Defendant, Appellant, Myrna Yolanda Zabala-Carrion, in her personal capacity and in her official capacity as President of Corporacion de Puerto Rico para la Difusión Pública, Defendant. No. 05-2298.United States Court of Appeals, First Circuit.Heard June 8, […]

ILOCIA ANTOINE-DORCELLI, PETITIONER, v. IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT. No. 82-1344.United States Court of Appeals, First Circuit.Submitted December 10, 1982. Decided March 28, 1983. Page 20 Scott Kalisch, San Juan, P.R., on brief, for petitioner. Lauri Steven Filppu and Daniel E. Fromstein, Attys., Crim. Div., Dept. of Justice, Washington, D.C., on brief, for respondent. Appeal […]

UNITED NUCLEAR CORPORATION, PLAINTIFF, APPELLEE, v. JOSEPH E. CANNON, M.D., ETC., DEFENDANT, APPELLEE. CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC., APPELLANT. No. 82-1504.United States Court of Appeals, First Circuit.Argued November 5, 1982. Decided December 30, 1982. Page 142 Steven D. Stark, Atlanta, Ga., for appellant. Patricia A.S. Zesk, Providence, R.I., with whom Deming E. Sherman, […]

RICE et al. v. UNITED STATES. No. 2182.Circuit Court of Appeals, First Circuit. March 12, 1928. In Error to the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. George W. Rice and another were convicted of violating the Harrison Narcotic Act, and they bring error. Reversed, verdict set […]

SEGRETS, INC., Plaintiff, Appellee, v. GILLMAN KNITWEAR CO., INC., Defendant, Appellant. No. 99-1552.United States Court of Appeals, First Circuit.Heard December 7, 1999. Decided March 27, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Mark L. Wolf, U.S. District Judge] Page 57 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

CESAR VEGA PELEGRINA, PETITIONER, APPELLANT, v. UNITED STATES OF AMERICA, APPELLEE. No. 78-1255.United States Court of Appeals, First Circuit.Argued February 5, 1979. Decided June 25, 1979. Page 19 Carlos Perez Olivo, San Juan, P. R., for petitioner, appellant. Charles E. Fitzwilliam, Asst. U.S. Atty., with whom Julio Morales Sanchez, U.S. Atty., San Juan, P. R., […]

UNITED STATES of America, Appellee, v. Charles A. GRAVENHORST, a/k/a Justin Foxe, a/k/a Andrew Graf, a/k/a agraf603, a/k/a justinnh, a/k/a justinnh2001, Defendant, Appellant. No. 03-2057.United States Court of Appeals, First Circuit.Heard June 9, 2004. Decided July 27, 2004. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, J. Page […]

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. ARTURO M. CAMPA, DEFENDANT-APPELLANT. No. 81-1236.United States Court of Appeals, First Circuit.Argued February 2, 1982. Decided May 27, 1982. Page 1007 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1008 Irwin G. Lichter, Miami, Fla., for […]

UNITED FRUIT CO. v. UNITED STATES. No. 4534.United States Court of Appeals, First Circuit. January 26, 1951. Page 891 Seymour P. Edgerton, Boston, Mass., (John J. Ryan, Jr., and Bingham, Dana Gould, all of Boston, Mass., with him on brief), for appellant. Patrick F. Cooney, Atty., Department of Justice, Washington, D.C. (H.G. Morison, Asst. Atty. […]

NORA CAMPOS-ORREGO, PLAINTIFF, APPELLEE, v. ALBA RIVERA, ET AL., DEFENDANTS, APPELLANTS. No. 98-1318.United States Court of Appeals, First Circuit.Heard March 4, 1999 Decided May 4, 1999. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO, [HON. CARMEN CONSUELO CEREZO, U.S. DISTRICT JUDGE]. Page 90 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

UNITED STATES OF AMERICA, APPELLEE, v. LUIS E. PARRILLA-TIRADO, DEFENDANT, APPELLANT. No. 93-1228.United States Court of Appeals, First Circuit.Heard March 9, 1994. Decided April 28, 1994. Page 369 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 370 Lydia Lizarribar-Masini, Hato Rey, PR, […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. KENNETH SCHIAVO AND GENNARO FARINA, DEFENDANTS, APPELLANTS. No. 78-1481.United States Court of Appeals, First Circuit.Argued November 13, 1978. Decided November 15, 1978. Scott E. Shteir, Brookline, Mass., with whom Richard J. Vita, Dorchester, Mass., was on memorandum for appellants. Robert B. Collings, First Asst. U.S. Atty., Boston, Mass., […]

UNITED STATES of America, Appellee, v. Jody DIXON, Defendant, Appellant. No. 05-1559.United States Court of Appeals, First Circuit.Heard April 5, 2006. Decided May 26, 2006. Appeal from the United States District Court for the District of Massachusetts, Mark L. Wolf, J. Page 195 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

Cumberbatch v. Metro-North Commuter R. Co. 94-7202.United States Court of Appeals, First Circuit. November 15, 1994. Appeal from E.D.N.Y. Decisions without Published Opinions Affirmed.

MEADOW GREEN-WILDCAT CORPORATION, D/B/A WILDCAT MOUNTAIN SKI AREA, PLAINTIFF, APPELLANT, v. MICHAEL B. HATHAWAY, ETC., DEFENDANT, APPELLEE. No. 90-1788.United States Court of Appeals, First Circuit.Heard January 9, 1991. Decided June 20, 1991. Page 602 Randall F. Cooper with whom Cooper, Fauver Deans, P.A. was on brief, North Conway, for plaintiff, appellant. Nancy E. Hart, Asst. […]

ROBERT L. UNGERER, ET AL., PLAINTIFFS, APPELLANTS, v. CHARLES L. SMITH, CITY OF PITTSFIELD, DEFENDANTS, APPELLEES. No. 84-1659.United States Court of Appeals, First Circuit.Argued February 6, 1985. Decided June 21, 1985. Gary S. Matsko, Boston, Mass., with whom Paul L. Feldman and Davis, Malm D’Agostine, Boston, Mass., were on brief for plaintiffs, appellants. John D. […]

THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, PLAINTIFF, APPELLEE, v. SANDRA PORTER-ENGLEHART, ET AL., DEFENDANTS. SANDRA PORTER-ENGLEHART, DEFENDANT, APPELLANT. No. 88-1683.United States Court of Appeals, First Circuit.Heard December 9, 1988. Decided February 8, 1989. Page 80 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

T S SERVICE ASSOCIATES, INC., ET AL., PLAINTIFFS, APPELLEES, v. JOHN CRENSON, ET AL., DEFENDANTS, APPELLANTS. T S SERVICE ASSOCIATES, INC., AND ROBERT L. THOMAS, PLAINTIFFS, APPELLANTS, v. JOHN CRENSON, ET AL., DEFENDANTS, APPELLEES. Nos. 81-1177, 81-1243.United States Court of Appeals, First Circuit.Argued September 17, 1981. Decided December 17, 1981. Page 723 Michael P. DeFanti, […]

THE TRUSTEES OF HOSPITAL MORTGAGE GROUP, PLAINTIFF, APPELLEE, v. COMPANIA ASEGURADORA INTER-AMERICANA S. A. PANAMA, DEFENDANT, APPELLANT, v. PARQUE INDUSTRIAL RIO CANAS, INC., THIRD-PARTY DEFENDANT, APPELLEE. No. 81-1599.United States Court of Appeals, First Circuit.Argued February 5, 1982. Decided March 19, 1982. Page 251 Joseph Chalverus, San Juan, P. R., with whom Victor R. Sotomayer-Clavell, Santruce, […]

In re Carlton Dana PRATT and Christine Ann Pratt, v. Debtors. Carlton Dana Pratt, Appellant, v. General Motors Acceptance Corporation, Appellee. No. 05-2453.United States Court of Appeals, First Circuit.Heard March 7, 2006. Decided September 1, 2006. Appeal from the United States Bankruptcy Court, James B. Haines, Jr., J. Page 15 James F. Molleur, for appellant. […]

NARRAGANSETT MOTORS, Inc. v. PACKARD MOTOR CAR CO. No. 4579.United States Court of Appeals, First Circuit. December 31, 1951. Page 546 David Pokross, Boston, Mass. (William B. Trafford and Peabody, Brown, Rowley Storey, all of Boston, Mass., on brief), for appellant. R. Ammi Cutter, Boston, Mass. (Robert G. Dodge, Boston, Mass., on brief), for appellee. […]

UNITED STATES of America, Appellee, v. Larry SILVEIRA, Defendant, Appellant. No. 04-1003.United States Court of Appeals, First Circuit.Heard August 5, 2005. Decided October 21, 2005. Appeal from the United States District Court for the District of Massachusetts, Nancy Gertner, J. Page 515 John H. LaChance, for appellant. Mark T. Quinlivan, Assistant United States Attorney with […]

UNITED STATES OF AMERICA, APPELLEE, v. BILLY RAY McDOWELL, JR., DEFENDANT, APPELLANT. No. 89-1061.United States Court of Appeals, First Circuit.Submitted September 20, 1990. Decided November 14, 1990. Page 1005 Billy Ray McDowell, Jr., pro se. Daniel F. Lopez Romo, U.S. Atty. and Jose R. Gaztambide, Asst. U.S. Atty., on brief, for appellee. Appeal from the […]

IN RE: HEALTHCO INTERNATIONAL, INC., DEBTOR, HICKS, MUSE CO., INC., ET AL., APPELLANTS v. WILLIAM A. BRANDT, JR., TRUSTEE, APPELLEE. No. 97-1381.United States Court of Appeals, First Circuit.Heard October 7, 1997. Decided February 12, 1998. Page 46 David L. Evans, with whom Harold B. Murphy, Daniel J. Lyne, D. Ethan Jeffery, Hanify King, Mike McKool, […]

TERRY OLIVER, PLAINTIFF, APPELLANT, v. COMMISSIONER OF THE MASS. DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS, APPELLEES. No. 94-1063.United States Court of Appeals, First Circuit.Submitted June 21, 1994. Decided August 2, 1994. Page 271 Terry Oliver on brief pro se. Nancy Ankers White, Sp. Asst. Atty. Gen., and David J. Rentsch, Counsel, Dept. of Correction, on […]

Timothy SULLIVAN and Lawrence E. Dansinger, Plaintiffs, Appellees, v. CITY OF AUGUSTA, Defendant, Appellant. No. 06-1177.United States Court of Appeals, First Circuit.Heard November 6, 2006. Decided December 14, 2007. Appeal from the United States District Court for the District of Maine, John A. Woodcock, Jr., J. Page 17 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

RICHARD J. CHRETIEN, PLAINTIFF, APPELLANT, v. EXXON COMPANY, U.S.A., DEFENDANT, APPELLEE. RICHARD J. CHRETIEN, PLAINTIFF, APPELLEE, v. EXXON COMPANY, U.S.A., DEFENDANT, APPELLANT. Nos. 88-1690, 88-1691.United States Court of Appeals, First Circuit.Heard December 5, 1988. Decided December 22, 1988. Page 183 Daniel J. Harkinson, Manchester, N.H., with whom Cooper, Hall, Whittum Shillaber, P.C., Rochester, N.H., was […]

HERMINIA SANCHEZ BARRIENTOS, PLAINTIFF, APPELLANT, v. SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT, APPELLEE. No. 86-1363.United States Court of Appeals, First Circuit.Submitted October 10, 1986. Decided March 24, 1987. Luis Vizcarrondo-Ortiz, Hato Rey, P.R., on brief, for plaintiff, appellant. Wendy J. Miller, Office of the Gen. Counsel, Social Sec. Div., Dept. of Health and Human […]

IN RE HOTEL DA VINCI, INC., DEBTOR-APPELLANT. No. 85-1609.United States Court of Appeals, First Circuit.Argued February 4, 1986. Decided July 30, 1986. Federico Ramirez Ros, with whom Ramirez, Latimer Biaggi, San Juan, P.R., Benjamin Rodriguez Ramon, and Rodriguez Ramon, Pena Cancio, Hato Rey, P.R., was on brief, for appellant. Pedro J. Varela, Hato Rey, P.R., […]

UNITED STATES, APPELLEE, v. FRANK O. MOSS, DEFENDANT, APPELLANT. No. 89-1859.United States Court of Appeals, First Circuit.Submitted September 15, 1989. Decided October 5, 1989. Benicio Sanchez Rivera, San Juan, P.R., on Memorandum In Support of Appeal. Appeal from the United States District Court for the District of Puerto Rico. Before CAMPBELL, Chief Judge, BOWNES and […]

AMERICAN ENGINEERING COMPANY, Plaintiff, Appellant, v. STOKER CASTINGS SERVICE, Inc., et al., Defendants, Appellees. No. 4131.Circuit Court of Appeals, First Circuit. July 15, 1946. Appeal from the District Court of the United States for the District of Massachusetts; Francis J.W. Ford, Judge. Kennard N. Ware, of Philadelphia, Pa. (J. Lewis Stackpole, of Boston, Mass., Carl […]

UNITED STATES of America, Appellee, v. Rafael MELÉNDEZ-SANTANA, Defendant, Appellant. Nos. 01-2386, 01-2397.United States Court of Appeals, First Circuit.Heard September 9, 2003. Decided December 24, 2003. Appeal from the United States District Court for the District of Puerto Rico, Héctor M. Laffitte, Chief Judge. Page 94 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

ANGEL RUIZ RIVERA, ET AL., Plaintiffs, Appellants, v. RICHARD W. RILEY, SECRETARY, UNITED STATES DEPARTMENT OF EDUCATION, ET AL., Defendants, Appellees. No. 99-1398.United States Court of Appeals, First Circuit.Heard March 9, 2000. Decided April 12, 2000. Appeal from the United States District Court for the District of Puerto Rico, [HON. JOSÉ ANTONIO FUSTÉ, U.S. District […]

BEACON FOLDING MACH. CO. v. ROTARY MACH. CO. et al. No. 2289.Circuit Court of Appeals, First Circuit. March 16, 1929. On Rehearing, April 25, 1929. Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Jr., Judge. Suit by Beacon Folding Machine Company against the Rotary Machine Company […]

GATELL v. MILLIAN. No. 1692.Circuit Court of Appeals, First Circuit. November 14, 1924. Appeal from the District Court of the United States for the District of Porto Rico; Carlos Franco Soto, Judge. Francisco I. Gatell, trustee, appeals from an order of the District Court in favor of Antonio Arzuaga Millian. Affirmed. Harry F. Besosa, of […]

DANIEL LENN, ETC., ET AL., PLAINTIFFS, APPELLANTS, v. PORTLAND SCHOOL COMMITTEE, ET AL., DEFENDANTS, APPELLEES. No. 93-1123.United States Court of Appeals, First Circuit.Heard June 8, 1993. Decided July 15, 1993. Page 1084 Richard L. O’Meara, with whom Murray, Plumb Murray, Portland, ME, was on brief, for plaintiffs, appellants. Eric R. Herlan, Portland, ME, with whom […]

In the Matter of Emanuel JOSEPHSON, Petitioner. No. 4854.United States Court of Appeals, First Circuit. December 23, 1954. Page 175 Herbert B. Ehrmann, Boston, Mass., with whom Marvin Sparrow and Goulston Storrs, Boston, Mass., were on brief, for petitioner. Arthur M. Gilman, Swampscott, with whom George A. McLaughlin, Walter H. McLaughlin and Charles S. McLaughlin, […]

Cameron O’CONNOR, Alias, Respondent, Appellant, v. John A. O’CONNELL, District Director of Providence District, Internal Revenue Service, Petitioner, Appellee. No. 5267.United States Court of Appeals, First Circuit. March 20, 1958. Christopher Del Sesto, Providence, R.I., Jacob S. Temkin, Providence, R.I., on the brief, for appellant. Joseph Mainelli, U.S. Atty., Providence, R.I., Arnold Williamson, Jr., and […]

DENHOLM McKAY CO. v. COMMISSIONER OF INTERNAL REVENUE. No. 3797.Circuit Court of Appeals, First Circuit. December 14, 1942. Page 244 Petition for Review of Decision of United States Board of Tax Appeals. Petition by Denholm McKay Company against Commissioner of Internal Revenue for review of decision of United States Board of Tax Appeals. Decision vacated […]

ALBERT H. FONTNEAU, ET AL., PLAINTIFFS, APPELLANTS, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. No. 80-1322.United States Court of Appeals, First Circuit.Argued May 4, 1981. Decided July 14, 1981. Page 9 Michael E. Chubrich, Portsmouth, N.H., with whom Shaines, Madrigan McEachern, Portsmouth, N.H., was on brief, for plaintiffs, appellants. Richard D. Buik, Atty., Tax Div., […]

ROBERT S. WILSON, PETITIONER, APPELLANT, v. JOHN BROWN, WARDEN A.C.I., ET AL., RESPONDENT, APPELLEE. No. 88-1329.United States Court of Appeals, First Circuit.Heard September 8, 1989. Decided November 21, 1989. Lois M. Lewis, West Newton, Mass., was on brief for petitioner, appellant. Stephen M. Robinson, Asst. Legal Counsel, Legal Services, Rhode Island Dept. of Corrections, Providence, […]

JOHN DALEY, D/B/A ABITRONICS, PLAINTIFF, APPELLANT, v. TOWN OF NEW DURHAM, N.H., ET AL., DEFENDANTS, APPELLEES. No. 83-1576.United States Court of Appeals, First Circuit.Argued February 10, 1984. Decided April 27, 1984. Page 5 Alfred J.T. Rubega, with whom Levine Rubega, P.C., Sanbornville, N.H., was on brief, for appellant. Andrew D. Dunn, Manchester, N.H., with whom […]

Thomas W. MAHER and Valerie E. Calabria-Maher Plaintiffs, Appellants, v. Donald B. HYDE; AT T Wireless Services; Planning Board of the Town of Stow; and Ingeborg Hageman Clark, Ruth Kennedy, Donna M. Jacobs, Keith H. Myles, Donald G. McPherson, and Thomas Oller, as they are members of the Planning Board of the Town of Stow, […]

MARY L. KAERCHER, PLAINTIFF, APPELLANT, v. THE TRUSTEES OF HEALTH AND HOSPITALS OF THE CITY OF BOSTON, INC., DEFENDANT, APPELLEE. No. 86-2020.United States Court of Appeals, First Circuit.Submitted July 31, 1987. Decided December 3, 1987. Page 32 Mary L. Kaercher, pro se. Pamela M. Dashiell, Asst. Corp. Counsel, City of Boston Law Dept., Boston, for […]

Matthew KIMAN, Plaintiff, Appellant, and United States, Intervenor, v. NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS, et al., Defendants, Appellees. No. 02-1099.United States Court of Appeals, First Circuit. June 13, 2003. Before BOUDIN, Chief Judge, TORRUELLA, SELYA, LYNCH, HOWARD and LIPEZ, Circuit Judges. JUDGMENT OF THE EN BANC COURT This appeal having been considered by the court […]

SHAWMUT ENGINEERING CO. v. CROMPTON KNOWLES LOOM WORKS. No. 2012.Circuit Court of Appeals, First Circuit. January 7, 1927. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Suit in equity by the Shawmut Engineering Company against the Crompton Knowles Loom Works. Decree for defendant, and complainant […]

STAGG, MATHER HOUGH, Plaintiff, Appellant, v. Sol Luis DESCARTES, Secretary of the Treasury of Puerto Rico, Defendant, Appellee. No. 5131.United States Court of Appeals, First Circuit. May 17, 1957. Page 579 Walter L. Newsom, Jr., San Juan, P.R., Brown, Newson Cordova, San Juan, P.R., on the brief, for appellant. Manuel J. Medina Aymat, Asst. Atty. […]

GENERAL AIRCRAFT CORPORATION, PLAINTIFF-APPELLEE, v. IRWIN S. LAMPERT ET AL., DEFENDANTS-APPELLANTS. No. 76-1452.United States Court of Appeals, First Circuit.Argued November 5, 1976. Decided May 26, 1977. Page 91 Irwin Lampert, New York City, with whom Lampert Schneider, P.C., Eugene Wallman, New York City, and Gabriel Robert Caggiano, Boston, Mass., were on brief, for defendants-appellants. Theodore […]

JOSEPH L. MAGGIO, PLAINTIFF, APPELLANT, v. GERARD FREEZER ICE CO., ET AL., DEFENDANTS, APPELLEES. No. 86-2103.United States Court of Appeals, First Circuit.Argued April 8, 1987. Decided July 15, 1987. Page 124 Alexander Whiteside with whom Putnam, Bell Russell, Boston, Mass., was on brief, for plaintiff, appellant. Joseph L. Cotter with whom Margaret R. Hinkle, Paula […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. NESGLO, INC., ETC., ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, APPELLANTS, v. THE CHASE MANHATTAN BANK, N.A., ETC., THIRD-PARTY DEFENDANTS, APPELLEES. UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. NESGLO, INC., ETC., ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, APPELLANTS, v. THE CHASE MANHATTAN BANK, N.A., ETC., THIRD-PARTY DEFENDANTS, APPELLEES. Nos. […]

MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Plaintiff, Appellee, v. Martin A. FRAIDOWITZ, Defendant, Appellant. No. 05-1578.United States Court of Appeals, First Circuit.Heard January 13, 2006. Decided April 4, 2006. Appeal from the United States District Court for the District of Massachusetts, Michael A. Ponsor, J. Page 129 Joel M. Sowalsky with whom Smith, Segel Sowalsky was […]

METRO-GOLDWYN-MAYER DISTRIBUTING CORPORATION v. BIJOU THEATRE CO. et al. EDUCATIONAL FILM EXCHANGES, Inc., et al. v. SAME. Nos. 2614, 2615.Circuit Court of Appeals, First Circuit. April 7, 1932. Rehearing Denied June 11, 1932. Appeals from the District Court of the United States for the District of Massachusetts; James M. Morton, Judge. Suits by the Metro-Goldwyn-Mayer […]

CHERYL D. BONNEY, AS PERSONAL REPRESENTATIVE AND ADMINISTRATRIX OF THE ESTATE OF RODNEY BONNEY, PLAINTIFF, APPELLEE, v. CANADIAN NATIONAL RAILWAY COMPANY, DEFENDANT, APPELLANT. No. 85-1635.United States Court of Appeals, First Circuit.Heard April 10, 1986. Decided September 5, 1986. John H. Montgomery with whom Nicholas S. Nadzo, Lisa R. Gorman and Jensen Baird Gardner Henry, Portland, […]

DORAN, Commissioner of Prohibition, et al. v. BAY STATE DISTRIBUTING CORPORATION. No. 2395.Circuit Court of Appeals, First Circuit. December 23, 1929. Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Judge. Suit by the Bay State Distributing Corporation against James M. Doran, Commissioner of Prohibition, and another. […]

CLAREMONT WASTE MANUFACTURING COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. No. 5130.United States Court of Appeals, First Circuit.Heard October 2, 1956. Decided November 16, 1956. Page 742 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 743 Robert Ash, Washington, D.C., with […]

CUMMINGTON PRESERVATION COMMITTEE, PLAINTIFF-APPELLANT, v. FEDERAL AVIATION ADMINISTRATION ET AL., DEFENDANTS-APPELLEES. No. 75-1198.United States Court of Appeals, First Circuit.Argued September 11, 1975. Decided October 23, 1975. William A. Norris, Cummington, Mass., for plaintiff-appellant. Kathryn A. Oberly, Atty., Dept. of Justice with whom Wallace H. Johnson, Asst. Atty. Gen., Washington, D.C., James N. Gabriel, U.S. Atty., […]

PALAZINI v. UNITED STATES. No. 2021.Circuit Court of Appeals, First Circuit. October 26, 1926. Page 887 In Error to the District Court of the United States for the District of Rhode Island; Arthur L. Brown, Judge. Peter Palazini was convicted for the unlawful possession of property for manufacture, unlawful manufacture, and unlawful possession, of intoxicating […]

SANTA PADILLA-GARCIA, Plaintiff, Appellant, v. JOSE GUILLERMO RODRIGUEZ, In his Personal Capacity and in his Official Capacity as Mayor of the Municipality of Mayagüez; MUNICIPALITY OF MAYAGUEZ; REINALDO TORRES; EDGARDO LUGO, In his Personal Capacity and in his Official Capacity; Z, Y, W PERSONS, Who also conspired to discriminate against plaintiff depriving her of protected […]

CONCILIO DE SALUD INTEGRAL DE LOIZA, INC.; Dr. José S. Belaval, Inc., Plaintiffs, Appellants/Cross-Appellees, Rio Grande Community Health Center, Inc., Plaintiff, v. Rosa PÉREZ-PERDOMO, Secretary, Department of Health of the Commonwealth of Puerto Rico, Defendant, Appellee/Cross-Appellant, Commonwealth of Puerto Rico; United States Department of Health And Human Services; Michael Leavitt, Secretary, United States Department of […]

Francisco REYES-VEJERANO, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee. No. 01-1187.United States Court of Appeals, First Circuit.Heard November 7, 2001. Decided January 14, 2002. Appeal from the United States District Court for the District of Puerto, Hector M. Laffitte, Chief Judge. Page 95 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

Kevin VALDIZÁN, Plaintiff, Appellee, v. Victor RIVERA-HERNANDEZ, etc., Defendant, Appellant. No. 05-2215.United States Court of Appeals, First Circuit.Heard March 9, 2006. Decided April 17, 2006. Appeal from the United States District Court for the District of Puerto Rico, Jay A. García-Gregory, J. Page 64 Celina Romany, with whom Celina Romany Law Offices was on brief, […]

ATTREZZI, LLC, Plaintiff, Appellee/Cross-Appellant, v. MAYTAG CORPORATION, Defendant, Appellant/Cross-Appellee. Nos. 05-2098, 05-2181.United States Court of Appeals, First Circuit.Heard November 10, 2005. Decided January 27, 2006. Appeal from the United States District Court for the District of New Hampshire, Paul J. Barbadoro, J. Page 33 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

BART ZEBROWSKI, ET AL., PLAINTIFFS, APPELLEES, v. MICHAEL H. HANNA, ET AL., DEFENDANTS, APPELLEES. SALVATORE ALTOMARE, ET AL., PLAINTIFFS, APPELLANTS. No. 91-2184.United States Court of Appeals, First Circuit.Heard May 7, 1992. Decided August 31, 1992. Robert S. Sinsheimer with whom Sinsheimer Levine, P.A., Boston, Mass., was on brief for plaintiffs, appellants. Andrew Z. Schwartz with […]

LUIS VELEZ, PLAINTIFF-APPELLEE, v. SECRETARY OF HEALTH, EDUCATION, AND WELFARE, DEFENDANT-APPELLANT. No. 78-1185.United States Court of Appeals, First Circuit.Submitted October 6, 1978. Decided February 23, 1979. Page 158 Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., Julio Morales Sanchez, U.S. Atty., Jose A. Anglada, Asst. U.S. Atty., San Juan, P. R., and Gwenda D. Jones, […]

UNITED STATES, APPELLEE, v. GREGG M. PAQUETTE, DEFENDANT-APPELLANT. No. 98-2131United States Court of Appeals, First Circuit.Heard October 8, 1999. Decided February 7, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, [Hon. D. Brock Hornby, U.S. District Judge] Page 41 Mark W. Griffin for appellant. F. Mark Terison, Assistant U.S. Attorney, […]

UNITED STATES OF AMERICA, APPELLEE, v. CURTIS BABB, DEFENDANT, APPELLANT. No. 86-1081.United States Court of Appeals, First Circuit.Argued September 4, 1986. Decided December 17, 1986. Page 273 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 274 Patricia Elliot, Cambridge, Mass. by Appointment […]

UNITED STATES of America, Plaintiff, Appellee, v. Jeannette SOTOMAYOR-VAZQUEZ, Armando Borel-Barreiro, Yamil Kourí-Pérez, Defendants, Appellants. Nos. 00-1096, 00-1097 and 00-1279.United States Court of Appeals, First Circuit.Heard March 7, 2001. Decided April 30, 2001. Rehearing and Suggestion for Rehearing En Banc Denied May 31, 2001. Appeal from the United States District Court for the District of […]

ADRIA INTERNATIONAL GROUP, INC., Criswell Associates, L.L.C., Plaintiffs, Appellants, v. FERRÉ DEVELOPMENT, INC., Angola Investment, Inc., Mar Chiquita Development Corp., et al., Defendants, Appellees. No. 00-1526.United States Court of Appeals, First Circuit.Heard November 14, 2000. Decided March 2, 2001. Appeal from the United States District Court for the District of Puerto Rico, Juan M. Perez-Gimenez, […]

DIANA C. WESTOVER, A/K/A DIANA C. BINDLOSS, PETITIONER, v. JANET RENO, ATTORNEY GENERAL OF THE UNITED STATES, RESPONDENT. No. 99-1564United States Court of Appeals, First Circuit.Heard January 4, 2000 Decided February 9, 2000 PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Page 476 M. Ronald Gould, with whom Justin Gould was […]

FEDERAL DEPOSIT INSURANCE CORPORATION, AS LIQUIDATING AGENT OF FIRST MUTUAL BANK FOR SAVINGS, PLAINTIFF, APPELLEE, v. ELDER CARE SERVICES, INC. AND FRANK C. ROMANO, JR., DEFENDANTS, APPELLANTS. No. 95-1729.United States Court of Appeals, First Circuit.Heard February 6, 1996. Decided April 24, 1996. Page 525 William T. Harrod III with whom Harrod Law Offices was on […]

STELLA STATHOS, ET AL., PLAINTIFFS, APPELLEES, v. RUSSELL E. BOWDEN, ET AL., DEFENDANTS, APPELLANTS. No. 82-1777.United States Court of Appeals, First Circuit.Argued December 8, 1983. Decided February 22, 1984. Page 16 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 17 Timothy J. […]

HERIBERTO AYALA-MARTINEZ, PLAINTIFF, APPELLANT, v. HUMBERTO ANGLERO, ET AL., DEFENDANTS, APPELLEES. No. 92-1256.United States Court of Appeals, First Circuit.Heard September 15, 1992. Decided December 23, 1992. Federico Lora-Lopez for plaintiff, appellant. Anabelle Rodriguez, Sol. Gen., with whom Reina Colon de Rodriguez, Deputy Sol. Gen. and Carlos Lugo-Fiol, Asst. Sol. Gen., were on brief, for defendant, […]

WILLIAM NADWORNY, PETITIONER, APPELLANT, v. MICHAEL V. FAIR, RESPONDENT, APPELLEE. No. 88-1844.United States Court of Appeals, First Circuit.Heard January 10, 1989. Decided April 20, 1989. Page 1094 Charles M. Burnim, Marblehead, for petitioner, appellant. Judy G. Zeprun, Asst. Atty. Gen., Criminal Bureau, with whom James M. Shannon, Atty. Gen., Boston, Mass., was on brief, for […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. TRACEY VIEGAS, DEFENDANT, APPELLANT. Nos. 80-1233, 80-1361.United States Court of Appeals, First Circuit.Argued October 8, 1980. Decided January 8, 1981. Certiorari Denied May 4, 1981. Page 43 Sherrill P. Cline, Boston, Mass., with whom Ravech, Aronson Shuman, P.C., Boston, Mass., was on brief, for appellant. John H. LaChance, […]

ESSO STANDARD OIL COMPANY (PUERTO RICO), a Puerto Rico Corporation, Plaintiff, Appellee, v. Carlos E. RODRÍGUEZ-PÉREZ; Carmen Ortiz-Lopez; Conjugal Partnership Rodríguez-Ortiz, Defendants, Third-Party Plaintiffs, Appellants, Carlos M. Belgodere-Pamies; Janet Roe; Conjugal Partnership Belgodere-Roe, Defendants, Estate of Pagán-Pagán, Third-Party Defendant, Appellee. No. 05-1722.United States Court of Appeals, First Circuit.Heard January 10, 2006. Decided June 14, 2006. […]

QUINCY V, LLC; Cambridge V, LLC, Plaintiffs, Queens Syndicate Company; Combo Stores Company; Initial Realty Company; Sons Realty Company; P S Realty Company; Flatlands Management Company, Plaintiffs, Appellees, v. Shelly HERMAN, as temporary Executrix for the Estate of Stephen Cooperman, Defendant, Third-Party Plaintiff, Appellee, Lisa Minor, Interested Party-Appellant, Victor Vitlin; Robert Feinerman; Zachary Scheinberg; Janice […]

UNITED STATES, APPELLEE, v. FRANK PORTER, JR., DEFENDANT, APPELLANT. No. 90-1191.United States Court of Appeals, First Circuit.Heard November 9, 1990. Decided January 30, 1991. Page 396 Murray A. Kohn, by appointment of the Court, with whom Espinosa Associates, was on brief for defendant, appellant. Victor A. Wild, Asst. U.S. Atty., with whom Wayne A. Budd, […]

TEXAS INSTRUMENTS INCORPORATED, Plaintiff, Appellee, v. BRANCH MOTOR EXPRESS CO., Defendant and Third-Party Plaintiff, Appellant, v. AIRLIFT INTERNATIONAL, INC., Third-Party Defendant. No. 7595.United States Court of Appeals, First Circuit. October 7, 1970. J. Owen Todd, Boston, Mass., with whom Hale Dorr, Boston, Mass., was on brief, for appellant. Victor G. Fields, Brockton, Mass., for Texas […]

RAMON AGUEDA RODRIGUEZ, PLAINTIFF, APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. No. 71-1250.United States Court of Appeals, First Circuit.Heard February 1, 1972. Decided February 18, 1972. Page 941 Pedro E. Purcell Ruiz, Santurce, P. R., with whom George L. Weasler, Santurce, P. R., was on brief, for plaintiff-appellant. Walter H. Fleischer, Atty., Dept. of […]

PORTO RICO CITRUS FRUIT CO. v. KOHN. No. 2090.Circuit Court of Appeals, First Circuit. August 2, 1927. Appeal from the District Court of the United States for the District of Porto Rico; Ira K. Wells, Judge. Suit by the Porto Rico Citrus Fruit Company against John M. Kohn. From a decree of dismissal, plaintiff appeals. […]

LUIS ROSARIO, INC., ET AL., PLAINTIFFS, APPELLANTS, v. AMANA REFRIGERATION, INC., ET AL., DEFENDANTS, APPELLEES. No. 83-1852.United States Court of Appeals, First Circuit.Argued April 2, 1984. Decided May 3, 1984. Edelmiro Salas Garcia, Hato Rey, P.R., for plaintiffs, appellants. Alberto J. Pico, Jr., San Juan, P.R., with whom Sara E. de Jesus Kellogg, and Brown, […]

KISHANLAL CHAKRABARTI, PLAINTIFF, APPELLEE, v. JOSEPH L. COHEN, M.D., AND MICHAEL J. GILL, M.D., DEFENDANTS, APPELLANTS. KISHANLAL CHAKRABARTI, PLAINTIFF, APPELLEE, v. JOSEPH L. COHEN, M.D., ET AL., DEFENDANTS, APPELLEES. Nos. 92-1987, 92-1988.United States Court of Appeals, First Circuit.Heard February 8, 1994. Decided July 22, 1994. Page 2 Timothy A. Mullen, Asst. Atty. Gen., Government Bureau, […]

RAYMOND H. COPP, JR., PETITIONER, APPELLANT, v. UNITED STATES OF AMERICA, RESPONDENT, APPELLEE. No. 92-1012.United States Court of Appeals, First Circuit.Heard June 5, 1992. Decided July 14, 1992. Page 1436 Alfred D. Ellis with whom Loren Rosenzweig and Cherwin Glickman were on brief, for petitioner, appellant. Sally J. Schornstheimer, Atty., Tax Div., Dept. of Justice, […]

UNITED STATES, Appellant, v. Ernest B. WEIDUL, Defendant, Appellee. No. 02-2135.United States Court of Appeals, First Circuit.Heard March 3, 2003. Decided March 31, 2003. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, J. Page 51 F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States […]

MOORE-McCORMACK LINES, Inc. v. AMIRAULT et al. No. 4679.United States Court of Appeals, First Circuit. March 19, 1953. As Modified March 30, 1953. Page 894 Leo F. Glynn, Boston, Mass. (Thomas H. Walsh, Boston, Mass., on the brief), for appellant. Arthur J. Santry, Boston, Mass. (Putnam, Bell, Dutch Santry, Boston, Mass., on the brief), for […]

PUERTO RICO PORTS AUTHORITY, PETITIONER, v. FEDERAL MARITIME COMMISSION, RESPONDENT. PORT OF PONCE, INTERVENOR. No. 90-1418.United States Court of Appeals, First Circuit.Heard October 30, 1990. Decided November 27, 1990. Page 800 Eugene D. Gulland, with whom William H. Allen, William E. O’Brian, Jr. and Covington Burling, Washington, D.C., were on brief, for petitioner, Puerto Rico […]