Category: First Circuit Court of Appeals Opinions

THE NIDARHOLM. NIDAROS v. OXFORD PAPER CO. No. 2335.Circuit Court of Appeals, First Circuit. December 11, 1929. Appeal from the District Court of the United States for the District of Maine; James M. Morton, Judge. On petition for rehearing. Rehearing denied. For former opinion, see 34 F.2d 442. Robert E. Goodwin, of Boston, Mass. (Robert […]

NATIONAL LABOR RELATIONS BOARD v. GONZALEZ PADIN CO. No. 4224.Circuit Court of Appeals, First Circuit. May 7, 1947. Page 354 Petition for enforcement of order of National Labor Relations Board. Petition by the National Labor Relations Board for enforcement of its order directed to Gonzalez Padin Company, Inc. Decree entered enforcing order of the Board. […]

JOSEPH DOW, ET AL., PLAINTIFFS, APPELLANTS, v. UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, ET AL., DEFENDANTS, APPELLEES. No. 93-1127.United States Court of Appeals, First Circuit.Heard June 8, 1993. Decided July 28, 1993. Paul Alan Levy, Washington, DC, with whom Mark D. Stern and Public Citizen Litigation Group, Somerville, MA, were on brief, for […]

UNITED STATES, Appellee, v. Luis ZAYAS, Defendant, Appellant. No. 08-1089.United States Court of Appeals, First Circuit.Submitted March 30, 2009. Decided June 8, 2009. Appeal from the United States District Court for the District of Massachusetts, Nancy Gertner, J. Page 44 Cynthia A. Young, Assistant U.S. Attorney, and Michael J. Sullivan, United States Attorney, on motion […]

FRANK MARRAPESE, PLAINTIFF, APPELLEE, v. THE STATE OF RHODE ISLAND, ET AL., DEFENDANTS, APPELLANTS. No. 83-1917.United States Court of Appeals, First Circuit.Heard August 6, 1984. Decided December 5, 1984. Rehearing and Rehearing En Banc Denied February 19, 1985. Page 935 Richard B. Woolley, Asst. Atty. Gen., Providence, R.I., with whom Dennis J. Roberts, II, Atty. […]

Bernabé TEJADA-BATISTA, Plaintiff, Appellee, v. Lydia MORALES, Individually and in her respective official capacity; Domingo Álvarez, Individually and in his respective official capacity, Defendants, Appellants. José A. Fuentes-Agostini, Individually and in his capacity as Secretary of Justice of the Commonwealth of Puerto Rico; Ernesto Fernández, Individually and in his respective official capacity; Antonio Franco, Individually […]

Benjamin W. COREY, Defendant, Appellant, v. UNITED STATES of America, Appellee (two cases). Nos. 6405, 6046.United States Court of Appeals, First Circuit.Heard December 8, 1964. Decided May 26, 1965. Page 66 Russell Morton Brown, Washington, D.C., with whom Maurice C. Goodpasture, Washington, D.C., Norris R. Karp, Boston, Mass., and Brown, Goodpasture Block, Washington, D.C., were […]

UNITED STATES OF AMERICA, APPELLEE, v. TERRILL WAYNE JEWETT, DEFENDANT-APPELLANT. No. 75-1067.United States Court of Appeals, First Circuit. July 15, 1975. Page 582 Donald Grey Lowry, Portland, Maine, with whom Lowry Platt, Portland, Maine, was on brief, for appellant. Rufus E. Stetson, Jr., Asst. U.S. Atty., with whom Peter Mills, U.S. Atty., and John B. […]

UNITED STATES OF AMERICA, APPELLEE, v. FREDERICK G. NORTON, DEFENDANT, APPELLANT. No. 86-1162.United States Court of Appeals, First Circuit.Argued October 6, 1986. Decided January 12, 1987. As Amended January 15, 1987. Steven D. Silin with whom Jack H. Simmons, Paul F. Macri and Berman, Simmons Goldberg, P.A., Lewiston, Me., were on brief, for appellant. Margaret […]

BOSTON M.R.R. v. BRESLIN.[*] No. 3071.Circuit Court of Appeals, First Circuit. December 17, 1935. [*] Certiorari denied 56 S. Ct. 590, 80 L. Ed. ___. Appeal from the District Court of the United States for the District of New Hampshire; George F. Morris, Judge. Action by William G. Breslin, P.P.A., against the Boston Maine Railroad. […]

IN RE GRAND JURY PROCEEDINGS. APPEAL OF WILLIAM A. RANAURO. No. 86-1832.United States Court of Appeals, First Circuit.Argued November 7, 1986. Decided March 23, 1987. Page 792 Albert F. Cullen, Jr. with whom Cullen Wall, Boston, Mass., was on brief for appellant. Patrick M. Walsh, Sp. Atty., Dept. of Justice, with whom Robert S. Mueller, […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. AWILDA GARCIA-VELILLA, DEFENDANT, APPELLANT. No. 96-1857.United States Court of Appeals, First Circuit.Heard July 28, 1997 Decided August 5, 1997. Evelyn Quinones Carrasquillo for appellant. Jose A. Quiles-Espinosa, Senior Litigation Counsel, with whom Guillermo Gil, United States Attorney, Nelson Perez-Sosa, Assistant United States Attorney, and Warren Vazquez, Assistant United […]

NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. BAYSIDE ENTERPRISES, INC., ET AL., RESPONDENTS. No. 75-1070.United States Court of Appeals, First Circuit.Submitted March 7, 1975. Decided March 25, 1975. Page 476 Alan J. Levenson, Portland, Me., on petition to transfer, for respondents. Elliott Moore, Deputy Associate Gen. Counsel, Washington, D.C., on opposition to petition for transfer, for […]

UNITED STATES, APPELLEE, v. GARY K. BURKE, DEFENDANT, APPELLANT. No. 91-1169.United States Court of Appeals, First Circuit.Heard September 4, 1991. Decided October 28, 1991. Page 24 Deirdre L. Thurber, for defendant, appellant. Thomas C. Frongillo, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., and James W. Bailey, Sp. Asst. U.S. Atty., were on […]

LOUIS W. MARTIN AND MARY L. MARTIN, PLAINTIFFS, APPELLANTS, v. TRAVELERS INSURANCE COMPANY, DEFENDANT, APPELLEE. No. 74-1033.United States Court of Appeals, First Circuit.Argued April 4, 1974. Decided May 23, 1974. Patrick N. McTeague, Brunswick, Me., with whom Ranger McTeague Higbee, P. A., Brunswick, Me., was on brief, for plaintiffs, appellants. Lawrence P. Mahoney, Portland, Me., […]

New York Chinese Tv v. U.E. Enterprises Inc. 94-7306.United States Court of Appeals, First Circuit. November 14, 1994. Appeal from S.D.N.Y., 153 F.R.D. 69. Decisions without Published Opinions Affirmed.

UNITED LIQUORS, INC., PLAINTIFF, APPELLEE, v. CARILLON IMPORTERS, LTD., DEFENDANT, APPELLANT. No. 89-1541.United States Court of Appeals, First Circuit.Heard September 7, 1989. Decided December 21, 1989. Gerald J. Caruso, with whom Ferriter, Scobbo, Sikora, Caruso Rodophele, P.C., Boston, Mass., Louis Ederer and Buchman, O’Brien Williams, New York City were on brief, for defendant, appellant. James […]

FRANCIS E. LaCHAPPELLE, PETITIONER, APPELLANT, v. JOHN MORAN, DIRECTOR, DEPARTMENT OF CORRECTIONS, RESPONDENT, APPELLEE. No. 82-1308.United States Court of Appeals, First Circuit.Argued December 9, 1982. Decided February 2, 1983. Page 561 Paula Rosin, Asst. Public Defender, Appellate Div., Providence, R.I., with whom William F. Reilly, Public Defender, Providence, R.I., was on brief, for petitioner, appellant. […]

NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. SAVIN BUSINESS MACHINES CORPORATION, RESPONDENT. No. 80-1645.United States Court of Appeals, First Circuit.Argued March 4, 1981. Decided May 29, 1981. Page 90 Allison W. Brown, Jr., Washington, D.C., with whom William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, […]

Gary S. WEBBER, Plaintiff, Appellant, v. INTERNATIONAL PAPER COMPANY, Defendant, Appellee. No. 04-1796.United States Court of Appeals, First Circuit.Heard October 4, 2004. Decided August 9, 2005. Appeal from the United States District Court for the District of Maine, George Z. Singal, Chief Judge. Page 230 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

UNITED STATES, Appellee, v. Derek CAPOZZI, Defendant, Appellant. No. 05-2256.United States Court of Appeals, First Circuit.Submitted November 8, 2006. Decided May 23, 2007. Appeal from the United States District Court for the District of Massachusetts, Rya W. Zobel, J. Page 712 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

A.J. TRISTANI SUCRS., Inc., v. BUSCAGLIA, Treasurer, et al. R. SANTAELLA BROTHER, Inc., v. SAME. Nos. 4272, 4273.Circuit Court of Appeals, First Circuit. February 27, 1948. Rehearing Denied April 9, 1948. Second Petition for Rehearing Denied April 23, 1948. Appeals from the Supreme Court of Puerto Rico. Actions by A.J. Tristani Sucrs., Inc., and by […]

DAVID A. GUARALDI, PLAINTIFF, APPELLANT, v. MICHAEL CUNNINGHAM, WARDEN, NEW HAMPSHIRE STATE PRISON, DEFENDANT, APPELLEE. No. 86-1895.United States Court of Appeals, First Circuit.Argued February 2, 1987. Decided May 29, 1987. Page 16 Ronald I. Segal, Concord, N.H., for plaintiff, appellant. Andrew W. Serell, Criminal Justice Bureau, with whom Stephen E. Merrill, Atty. Gen., Concord, N.H., […]

DONALD W. AYER, JR., PLAINTIFF, APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. No. 89-2035.United States Court of Appeals, First Circuit.Heard March 6, 1990. Decided May 14, 1990. Page 1039 Barbara A. Cardone with whom Phillip D. Buckley and Rudman Winchell, Bangor, Me., were on brief, for plaintiff-appellant. Michael M. DuBose, Asst. U.S. Atty., with […]

Efraín CLAUDIO-GOTAY, Efraín Claudio-Cruz, and Elia M. Gotay-Cruz, Plaintiffs, Appellants, v. BECTON DICKINSON CARIBE, LTD.; Víctor Pagán, Personally and as General Manager of Becton Dickinson Caribe, Ltd.; Hiram Ocasio, Personally and as Manager of Becton Dickinson Caribe, Ltd.; John Doe; Jane Doe; Insurance Company X Y, Defendants, Appellees. No. 03-1752.United States Court of Appeals, First […]

APPLICATION OF MONTILLA RECORDS OF PUERTO RICO, INC., PETITIONER, APPELLANT, v. THE HONORABLE JULIO MORALES ET AL., RESPONDENTS, APPELLEES. No. 77-1199.United States Court of Appeals, First Circuit.Argued February 10, 1978. Decided May 15, 1978. Page 325 Irwin Klein, New York City, with whom Ricardo Rechani Acevedo, San Juan, P.R., and Steve Segal, were on brief, […]

GARLAND E. CHING, PLAINTIFF, APPELLANT, v. MITRE CORPORATION, DEFENDANT, APPELLEE. No. 90-1502.United States Court of Appeals, First Circuit.Heard October 3, 1990. Decided December 10, 1990. Page 12 Stanley P. Roketenetz, Jr., for plaintiff, appellant. David J. Kerman with whom John H. Mason and Ropes Gray were on brief, for defendant, appellee. Appeal from the United […]

Frederick AMOCHE; Jon Valliere; Diane Dauphinais, for themselves and on behalf of all others similarly situated, Plaintiffs, Appellees, v. GUARANTEE TRUST LIFE INSURANCE COMPANY, Defendant, Appellant. No. 08-2094.United States Court of Appeals, First Circuit.Heard January 6, 2009. Decided February 13, 2009. Appeal from the United States District Court for the District of New Hampshire, Joseph […]

HARLEY-DAVIDSON MOTOR CO., INC., AND ITT COMMERCIAL FINANCE CORP., PLAINTIFFS, APPELLANTS, v. BANK OF NEW ENGLAND — OLD COLONY, N.A., DEFENDANT, APPELLEE. No. 89-1671.United States Court of Appeals, First Circuit.Heard December 8, 1989. Decided March 6, 1990. Page 612 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

DENNIS VANHAAREN, PLAINTIFF, APPELLANT, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, DEFENDANT, APPELLEE. No. 92-1667.United States Court of Appeals, First Circuit. March 5, 1993. Page 2 Francis M. Jackson, Portland, ME, for plaintiff, appellant. Michael S. Wilson with whom Louise K. Thomas and Pierce, Atwood, Scribner, Allen, Smith Lancaster, Portland, ME, were on brief, for […]

Clinton A. CLAUSON, Individually and as Collector of Internal Revenue, Defendant, Appellant, v. Joseph B. DRUMMOND et al., Executors, Plaintiffs, Appellees. No. 4252.United States Court of Appeals, First Circuit. January 26, 1949. Appeal from the United States District Court for the District of Maine; John A. Peters, Judge. Newton K. Fox, Sp. Asst. to Atty. […]

German A. SOTO-TORRES, Plaintiff, Appellee, v. Luis FRATICELLI, Special Agent in Charge, Defendant, Appellant, Robert Mueller, Director of the Federal Bureau of Investigation; Conjugal Partnership Mueller-Doe; Conjugal Partnership Fraticelli-Doe; Ten Unknown Agents of the Federal Bureau of Investigation, Defendants. No. 10-1619.United States Court of Appeals, First Circuit.Heard March 9, 2011. Decided August 19, 2011. Appeal […]

JAMES P. MERCHANT, PLAINTIFF, APPELLEE, v. PHILIP HENRY RUHLE, DEFENDANT, APPELLANT. No. 83-1908.United States Court of Appeals, First Circuit.Argued June 6, 1984. Decided August 1, 1984. Page 87 Frank H. Handy Jr., Boston, Mass., with whom Kneeland Kydd Handy, Boston, Mass., was on brief, for defendant, appellant. Joseph M. Orlando, Gloucester, Mass., with whom Orlando […]

RICHARD B. KAY, PLAINTIFF, APPELLANT, v. NEW HAMPSHIRE DEMOCRATIC PARTY, ET AL., DEFENDANTS, APPELLEES. No. 86-2047.United States Court of Appeals, First Circuit.Argued April 8, 1987. Decided June 16, 1987. Page 32 Richard B. Kay, for plaintiff, appellant. Robert A. Stein, with whom Katharine L. Klein and Shaheen, Cappiello, Stein Gordon, Concord, N.H., were on brief, […]

ROME SCHOOL COMMITTEE, Plaintiff, Appellee, v. MRS. B., Defendant, Appellant. Nos. 00-1746, 00-1763 and 00-1870.United States Court of Appeals, First Circuit.Heard February 13, 2001. Decided April 26, 2001. Appeal from the United States District Court for the District of Maine, Gene Carter, J. Page 30 Richard L. O’Meara, with whom Krista N. Everly and Murray, […]

Robert A. QUINN, Plaintiff, Appellant, v. MOBIL OIL COMPANY, etc., Defendant, Appellee. No. 6737.United States Court of Appeals, First Circuit.Heard September 13, 1966. Decided March 31, 1967. Robert A. Quinn pro se. Conrad W. Oberdorfer, Boston, Mass., with whom Choate, Hall Stewart, Boston, Mass., was on brief, for appellee. Before ALDRICH, Chief Judge, and McENTEE […]

FEDERAL INSURANCE CO., Plaintiff, Appellant, v. HPSC, INC., Defendant, Appellee. No. 06-1050.United States Court of Appeals, First Circuit.Heard December 4, 2006. Decided March 15, 2007. Page 27 Appeal from the United States District Court for the District of Massachusetts, Richard G. Stearns, J. Page 28 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

NATIONAL CASUALTY COMPANY, Petitioner, Appellant, v. FIRST STATE INSURANCE GROUP, Respondent, Appellee. No. 05-1505.United States Court of Appeals, First Circuit.Heard October 6, 2005. Decided December 2, 2005. Appeal from the United States District Court for the District of Massachusetts, Wolf, J. Page 493 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

UNITED STATES, APPELLEE, v. DOMINGO REYES-MERCADO, DEFENDANT, APPELLANT. No. 93-1904.United States Court of Appeals, First Circuit.Heard March 8, 1994. Decided April 28, 1994. Page 364 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 365 Jose A. Fuentes Agostini with whom Dominguez Totti, […]

SOSA-MILLAN et al. v. SOSA-ESCOBAR et al. No. 4139.Circuit Court of Appeals, First Circuit. April 17, 1946. Page 887 Appeal from the Supreme Court of Puerto Rico. Action by Victor Manuel Sosa-Millan and another against Juan Isidro Sosa-Escobar and others, to have the institution of heirs in the will of Manuel Sosa-Oliva declared null and […]

UNITED STATES of America, Appellee, v. Clarence L. EARLE, a/k/a Eric Allen, a/k/a Theodore Wilson, a/k/a Lemont Tippet, a/k/a Robert Preval, Defendant, Appellant. No. 06-1727.United States Court of Appeals, First Circuit.Heard February 6, 2007. Decided June 6, 2007. Appeal from the United States District Court for the District of Massachusetts, Mark L. Wolf, J. Page […]

UNITED STATES, PLAINTIFF-APPELLEE, v. 8.0 ACRES OF LAND, MORE OR LESS, SITUATED IN BARNSTABLE COUNTY, COMMONWEALTH OF MASSACHUSETTS; RAYMOND W. COBB, DEFENDANTS MARY VIRGINIA BRANDT RUXTON; ESTATE OF JEAN STEVENSON CLARK; NORMAN S. ROSE; ELMER Q. ROSE; AUSTIN L. ROSE, ESTATE OF PRISCILLA L. ROSE; JOHN D. HALLISEY, DEFENDANTS-APPELLEES ROGER TREAT JACKSON, JR.; MARGERY JACKSON […]

Trevor NEVERSON, Petitioner, Appellant, v. Lynn BISSONNETTE, Respondent, Appellee. No. 00-1044.United States Court of Appeals, First Circuit.Heard November 9, 2000. Decided August 20, 2001. Page 121 Appeal from the United States District Court for the District of Massachusetts, 1999 WL 33301665, Reginald C. Lindsay, J. Page 122 John M. Thompson, by appointment of the court, […]

MARJORIE HARRINGTON, ETC., PLAINTIFF, APPELLANT, v. INHABITANTS OF THE TOWN OF GARLAND, ETC., DEFENDANT, APPELLEE. No. 83-1033.United States Court of Appeals, First Circuit. May 6, 1983. Rehearing Denied June 29, 1983. Bernard R. Cratty, Cratty Cratty, Waterville, Me., for plaintiff, appellant. Lawrence E. Merrill, Bangor, Me., for defendant, appellee. Before CAMPBELL, Chief Judge, BREYER, Circuit […]

JORGE E. CANCEL LUGO, ET AL., PLAINTIFFS, APPELLEES, v. CARLOS ALVARADO, ETC., ET AL., DEFENDANTS, APPELLANTS. No. 86-1967.United States Court of Appeals, First Circuit.Argued March 3, 1987. Decided May 26, 1987. Ivonne Cruz Serrano, with whom Garcia Rodon, Correa Marquez Valderas, Hato Rey, P.R., was on brief for defendants, appellants. Frank Rodriguez Garcia, Ponce, P.R., […]

UNITED STATES LIABILITY INSURANCE COMPANY, PLAINTIFF-APPELLEE, v. LARRY BOURBEAU, D/B/A BOURBEAU PAINTING CONTRACTORS, DEFENDANT-APPELLANT. No. 94-1919.United States Court of Appeals, First Circuit.Heard December 6, 1994. Decided March 3, 1995. Michael Pill, Shutesbury, MA, for appellant. Pamela S. Gilman, with whom Taylor, Anderson Travers, Boston, MA, was on brief, for appellee. Appeal from the United States […]

YOFFE et al. v. UNITED STATES. No. 3993.Circuit Court of Appeals, First Circuit. February 14, 1946. Page 571 Appeal from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. Eli Yoffe and William S. Krasnow were convicted of conspiring to attempt an evasion of income and excess profits […]

EDWARD STREET DAYCARE CENTER, INC., PETITIONER, v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT. No. 98-2184United States Court of Appeals, First Circuit.Heard May 7, 1999. Decided August 20, 1999. PETITION FOR REVIEW AND CROSS-APPLICATION FOR ENFORCEMENT OF AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD. Page 41 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

Deborah GALARNEAU, Plaintiff, Appellee, v. MERRILL LYNCH, PIERCE, FENNER SMITH INC., Defendant, Appellant. No. 06-2410.United States Court of Appeals, First Circuit.Heard June 4, 2007. Decided October 12, 2007. As Amended November 30, 2007. Rehearing Denied November 30, 2007. Appeal from the United States District Court for the District of Maine, William S. Brownell, United States […]

VICENTE PINERO SCHROEDER ET AL., PLAINTIFFS-APPELLANTS, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, DEFENDANT-APPELLEE. No. 77-1391.United States Court of Appeals, First Circuit.Argued February 14, 1978. Decided May 11, 1978. Page 1118 Maria Dolores Fernos, Hato Rey, P.R., with whom Salvador Tio, Santurce, P.R., Luis Amauri Saurez Zayas, Hato Rey, P.R., Jose Enrique Colon Santana, Lirio C. Torres […]

GERALD MASTRACCHIO, PETITIONER, APPELLANT, v. LIEUTENANT ANGELO RICCI AND PROVIDENCE POLICE DEPARTMENT, RESPONDENTS, APPELLEES. No. 74-1045.United States Court of Appeals, First Circuit.Submitted May 9, 1974. Decided June 24, 1974. Page 1258 Gerald Mastracchio on brief pro se. Appeal from the United States District Court for the District of Rhode Island. Before COFFIN, Chief Judge, McENTEE […]

UNITED STATES, Appellee, v. Gary H. REINER, Defendant, Appellant. No. 06-1451.United States Court of Appeals, First Circuit.Heard February 8, 2007. Decided August 20, 2007. Appeal from the United States District Court for the District of Maine, D. Brock Hornby, J. Page 11 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

ROBERT E. CAMERON, PLAINTIFF, APPELLEE, v. HENRY TOMES, ET AL., DEFENDANTS, APPELLANTS. No. 92-1343.United States Court of Appeals, First Circuit.Heard October 8, 1992. Decided March 31, 1993. Page 15 Elisabeth J. Medvedow, Asst. Atty. Gen., Com. of MA, with whom Scott Harshbarger, Atty. Gen., Com. of MA, was on brief, for defendants, appellants. David M. […]

UNITED STATES OF AMERICA, APPELLANT, v. JAMES STUDLEY, DEFENDANT, APPELLEE. No. 90-1078.United States Court of Appeals, First Circuit.Heard May 8, 1990. Decided July 5, 1990. Page 255 Susan R. Via, Asst. U.S. Atty., Pittsburgh, Pa., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief, for U.S. Bruce N. Sachar, Lynn, Mass., with […]

PETER PARENTO, PLAINTIFF, APPELLANT, v. VICTOR A. PALUMBO, DEFENDANT, APPELLEE. No. 81-1168.United States Court of Appeals, First Circuit.Submitted January 8, 1982. Decided April 13, 1982. Rehearing Denied May 10, 1982. Page 4 George T. Bolger, Fall River, Mass., Meyer Goldman, Boston, Mass., and John R. Mitchell, Fall River, Mass., on brief for plaintiff, appellant. Robert […]

THE CONEJO. COHEN v. WILLIAMS, U.S. Atty., et al. (two cases). Nos. 2032, 2033.Circuit Court of Appeals, First Circuit. December 6, 1926. Appeals from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Separate possessory libels by Harold P. Williams, United States Attorney, and others, in behalf of […]

SAN JUAN RACING ASSOCIATION, INC., PLAINTIFFS, APPELLEES, v. ASOCIACION DE JINETES DE PUERTO RICO, INC., ETC., ET AL., DEFENDANTS, APPELLANTS. No. 78-1244.United States Court of Appeals, First Circuit.Submitted November 9, 1978. Decided January 5, 1979. Pedro J. Varela and Victor R. Ramos, Hato Rey, P. R., on brief for appellants. Page 32 Manuel Gonzalez Gierbolini, […]

FAULKNER v. COMMISSIONER OF INTERNAL REVENUE. No. 3539.Circuit Court of Appeals, First Circuit. June 24, 1940. Page 988 On Petition for Review of Decision of the United States Board of Tax Appeals. Petition by Mary du P. Faulkner to review a decision of the United States Board of Tax Appeals sustaining the determination of the […]

LUISA A. DE ABADIA, ET AL., PLAINTIFFS, APPELLEES, v. HON. LUIS IZQUIERDO MORA, ET AL., DEFENDANTS, APPELLANTS. Nos. 85-1505, 85-1520.United States Court of Appeals, First Circuit.Argued September 13, 1985. Decided May 27, 1986. Rehearing and Rehearing En Banc Denied June 27, 1986. Marcos A. Ramirez Lavandera with whom Marcos A. Ramirez and Ramirez Ramirez, Hato […]

Maribeth SCANLON and E. Michael Scanlon, Plaintiffs, Appellants, v. DEPARTMENT OF THE ARMY, Corps of Engineers, New England Division, Defendant, Appellee. No. 01-1817.United States Court of Appeals, First Circuit.Heard December 6, 2001. Decided January 28, 2002. Appeal from the United States District Court for the District of Massachusetts, Douglas P. Woodlock, J. Page 599 Lester […]

QUEEN CITY SHOE MFG. CORPORATION v. COMMONWEALTH LAST CO. et al. No. 3840.Circuit Court of Appeals, First Circuit. April 1, 1943. Appeal from the District Court of the United States for the District of New Hampshire; George F. Morris, Judge. Proceeding in the matter of an involuntary petition in bankruptcy filed by Commonwealth Last Company […]

UNITED STATES of America, Appellee, v. William RANNEY, Sr. Defendant, Appellant. United States of America, Appellee, v. Dennis Cioffi, Defendant, Appellant. Nos. 01-1912, 01-2531, 01-1913.United States Court of Appeals, First Circuit.Heard June 13, 2002. Decided August 1, 2002. Appeal from the United States District Court for the District of Massachusetts, Edward F. Harrington, Senior District […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLANT, v. JOHN THEODORE DOWNING, DEFENDANT, APPELLEE. No. 81-1297.United States Court of Appeals, First Circuit.Argued October 5, 1981. Decided December 4, 1981. Page 405 Margaret D. McGaughey, Asst. U.S. Atty., Portland, Me., with whom Thomas E. Delahanty, II, U.S. Atty., Portland, Me., was on brief, for plaintiff, appellant. Theodore K. […]

IN RE COASTAL CABLE T.V., INC., DEBTOR. GERALD CONNELL, ET AL., APPELLANTS, v. COASTAL CABLE T.V., INC., ET AL., APPELLEES. No. 82-1923.United States Court of Appeals, First Circuit.Argued April 7, 1983. Decided June 21, 1983. Page 763 Robert C. Corrente, with whom Michael P. DeFanti, and Hinckley Allen, Providence, R.I., were on brief, for Gerald […]

UNITED STATES, Appellee, v. CHRISTOPHER JAMES BAYES, Defendant, Appellant. No. 99-2020.United States Court of Appeals, First Circuit.Heard: March 6, 2000. Decided: April 21, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. Morton A. Brody, U.S. District Judge]. Page 65 Daniel G. Lilley, with whom Daniel G. Lilley Law Offices, […]

Edovidio R. CARRANZA, Petitioner, Appellee, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent, Appellant. No. 00-2365.United States Court of Appeals, First Circuit.Heard December 4, 2001. Decided January 17, 2002. Appeal from the United States District Court for the District of Massachusetts, Robert E. Keeton, J. Page 66 Robert M. Loeb, Attorney, Appellate Staff, Civil Division, U.S. Dept. […]

John R. CARIGLIA, Plaintiff, Appellant, v. HERTZ EQUIPMENT RENTAL CORPORATION and James Heard, Defendants, Appellees. No. 02-2199.United States Court of Appeals, First Circuit.Heard September 3, 2003. Decided April 5, 2004. Appeal from the United States District Court for the District of Massachusetts, Lindsay, J. Page 78 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

STATE STREET TRUST CO. v. HASSETT, Collector. HASSETT, Collector, v. STATE STREET TRUST CO. Nos. 3829, 3830.Circuit Court of Appeals, First Circuit. March 3, 1943. Page 157 Appeals from the District Court of the United States for the District of Massachusetts; Francis J.W. Ford, Judge. Action by the State Street Trust Company against Thomas B. […]

HILDA RODRIGUEZ, ET AL., Plaintiffs, Appellants, v. SMITHKLINE BEECHAM, THEIR AGENTS, OFFICERS, EMPLOYEES AND SUCCESSORS IN INTEREST, Defendant, Appellee. No. 99-2031.United States Court of Appeals, First Circuit. August 16, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Jaime Pieras, Jr., Senior U.S. District Judge] Page 2 José Enrique […]

TEXAS GULF SULPHUR CO. et al. v. PORTLAND GAS LIGHT CO. No. 2640.Circuit Court of Appeals, First Circuit. April 7, 1932. Appeal from the District Court of the United States for the District of Maine; John A. Peters, Judge. At Law. Actions by the Texas Gulf Sulphur Company and others against the Portland Gas Light […]

EFRID BROWN AND WILLIAM J. JOHNSON, JR., PETITIONERS, APPELLANTS, v. FRANK O. GUNTER, ETC., RESPONDENT, APPELLEE. No. 77-1172.United States Court of Appeals, First Circuit. September 13, 1977. Page 123 Efrid Brown and William J. Johnson, Jr., on brief pro se. Francis X. Bellotti, Atty. Gen., Stephen B. Delinsky, Asst. Atty. Gen., Chief, Criminal Bureau, Boston, […]

UNITED STATES OF AMERICA, Appellee, v. WILLIAM P. PITRONE, No. 96-2090.United States Court of Appeals, First Circuit.Heard May 22, 1997 Decided May 22, 1997 Page 2 Peter B. Krupp, Boston, MA, with whom Lurie Krupp LLP, was on brief, for appellant. Nadine Pellegrini, Assistant United States Attorney, Boston, MA, with whom Donald K. Stern, United […]

CORA CORNELIUS, ET AL., PLAINTIFFS, APPELLEES, v. WILLIAM HOGAN, ET AL., DEFENDANTS, APPELLANTS. No. 81-1197.United States Court of Appeals, First Circuit.Argued September 16, 1981. Decided November 2, 1981. Page 331 Judith S. Yogman, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for defendants, appellants. Nancy Lorenz, […]

UNITED STATES OF AMERICA, APPELLANT, v. DANTE FERRARA ET AL., DEFENDANTS-APPELLEES. No. 76-1030.United States Court of Appeals, First Circuit.Argued April 7, 1976. Decided July 26, 1976. Page 800 Paul E. Troy, Asst. U.S. Atty., Boston, Mass., with whom James N. Gabriel, U.S. Atty., and Lawrence P. Cohen, Asst. U.S. Atty., Deputy Chief, Crim. Div., Boston, […]

INFUSAID CORPORATION AND METAL BELLOWS CORPORATION, PLAINTIFFS, APPELLANTS, v. INTERMEDICS INFUSAID, INC., AND INTERMEDICS, INC., DEFENDANTS, APPELLEES. INFUSAID CORPORATION AND METAL BELLOWS CORPORATION, PLAINTIFFS, APPELLEES, v. INTERMEDICS, INFUSAID, INC., AND INTERMEDICS, INC., DEFENDANTS, APPELLEES. THE REGENTS OF THE UNIVERSITY OF MINNESOTA, APPELLANTS. Nos. 83-1841, 83-1882.United States Court of Appeals, First Circuit.Argued January 6, 1984. Decided […]

Jason DAVIS, Plaintiff, Appellee, v. Paul RENNIE, Richard Gillis, Michael Hanlon, Leonard Fitzpatrick, Nicholas L. Tassone, and Joyce Wiegers, Defendants, Appellants. No. 99-1453.United States Court of Appeals, First Circuit.Heard June 5, 2001. Decided September 5, 2001. Appeal from the United States District Court for the District of Massachusetts, Morris E. Lasker, Senior Judge. Page 87 […]

GAIL A. LAREAU AND MICHAEL LAREAU, INDIVIDUALLY AND AS PARENTS AND NEXT OF FRIENDS OF ASHLEY LAREAU AND CHRISTOPHER LAREAU, PLAINTIFFS, APPELLANTS, v. LARRY K. PAGE, M.D., SEQUA CORPORATION, AND CHROMALLOY PHARMACEUTICAL, INC., DEFENDANTS, APPELLEES. No. 94-1299.United States Court of Appeals, First Circuit.Heard August 8, 1994. Decided November 14, 1994. Page 385 Joan A. Lukey […]

UNITED STATES v. ALMEIDA. No. 1856.Circuit Court of Appeals, First Circuit. December 7, 1925. In Error to the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Proceeding by the United States against John Almeida, owner of one Reo speed wagon, claimant, to forfeit the automobile. Judgment for claimant […]

FEDERAL DEPOSIT INSURANCE CORPORATION, PLAINTIFF, APPELLEE, v. LA RAMBLA SHOPPING CENTER, INC., ET AL., DEFENDANTS, APPELLANTS. Nos. 85-1334, 85-1785 and 85-1836.United States Court of Appeals, First Circuit.Argued February 4, 1986. Submitted in No. 85-1836 February 6, 1986. Decided May 21, 1986. Page 216 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

George P. SHULTZ, Secretary of Labor, United States Department of Labor, Plaintiff, Appellee, v. Roger MERRIMAN, Defendant, Appellant. No. 7453.United States Court of Appeals, First Circuit. April 14, 1970. David J. KillKelley, Laconia, N.H., with whom Nighswander, Lord Martin, Laconia, N.H., was on the brief, for appellant. Le Roy M. Jahn, Atty., Washington, D.C., with […]

SIRSKI v. UNITED STATES. No. 3991.Circuit Court of Appeals, First Circuit. November 9, 1944. Appeal from the District Court of the United States for the District of Massachusetts; Charles E. Wyzanski, Judge. Edward Sirski was convicted of violating the Selective Training and Service Act, and he appeals. Affirmed. Alfred A. Albert, of Boston, Mass., for […]

ITURRINO v. UNITED STATES. No. 1915.Circuit Court of Appeals, First Circuit. November 4, 1926. In Error to the District Court of the United States for the District of Porto Rico; Ira K. Wells, Judge. Gonzalo Iturrino was convicted of the unlawful possession of intoxicating liquor, and he brings error. Affirmed. Hugh R. Francis and B.F. […]

FRANCISCO PUJOL, ET AL., PLAINTIFFS, APPELLANTS, v. SHEARSON/AMERICAN EXPRESS, INC., ET AL., DEFENDANTS, APPELLEES. No. 87-1190.United States Court of Appeals, First Circuit.Argued July 30, 1987. Decided September 29, 1987. Page 1202 Diane H. Tutt with whom Blackwell, Walker, Fascell Hoehl, Miami, Fla., Wallace Gonzalez Oliver, San Juan, P.R., Harold D. Vicente, and Harold D. Vicente […]

UNITED STATES of America, Appellee, v. David Forsyth JOHNSTONE, Defendant, Appellant. Nos. 00-2473, 002474.United States Court of Appeals, First Circuit.Heard May 8, 2001. Decided June 5, 2001. Appeal from the United States District Court for the District of Maine, Gene Carter, J. Page 282 Marie E. Hansen, with whom N. Laurence Willey, Jr., and Ferris, […]

FIDELITY AND GUARANTY INSURANCE COMPANY, Plaintiff, Appellee, v. STAR EQUIPMENT CORPORATION; Charlene R. Foran; John J. Foran, Defendants, Appellants, Town of Seekonk, Defendant, Appellee. No. 07-1999.United States Court of Appeals, First Circuit.Heard April 10, 2008. Decided August 27, 2008. Appeal from the District of Massachusetts, Edward F. Harrington, J. Page 2 Eric H. Loeffler, with […]

AMERICAN HOME ASSURANCE CO., PLAINTIFF, APPELLEE, v. LIBBEY-OWENS-FORD CO., DEFENDANT, APPELLANT. AMERICAN HOME ASSURANCE CO., PLAINTIFF, APPELLANT, v. LIBBEY-OWENS-FORD CO., DEFENDANT, APPELLEE. Nos. 85-1373, 85-1411.United States Court of Appeals, First Circuit.Argued November 13, 1985. Decided March 18, 1986. As Modified on Denial of Rehearing June 16, 1986. Erik Lund, with whom David J. Hatem, Posternak, […]

ROBERT G. NICHOLS II, Plaintiff, Appellant, v. LAND TRANSPORT CORPORATION, Defendant, Appellee. No. 99-2375.United States Court of Appeals, First Circuit. August 16, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. Eugene W. Beaulieu, U.S. Magistrate Judge] — Page 22 Graydon G. Stevens, with whom Kelly, Remmel Zimmerman was on […]

GABRIEL v. JOHNSON, Immigration Com’r. No. 2257.Circuit Court of Appeals, First Circuit. November 27, 1928. Appeal from the District Court of the United States for the District of Massachusetts; James Arnold Lowell, Judge. Habeas corpus by Peter Gabriel against John P. Johnson, Commissioner of Immigration. From an order or decree dismissing the writ, petitioner appeals. […]

B T MASONRY CONSTRUCTION CO., INC., Plaintiff, Appellant, v. PUBLIC SERVICE MUTUAL INSURANCE CO., Defendant, Appellee. No. 03-2473.United States Court of Appeals, First Circuit.Heard August 4, 2004. Decided August 30, 2004. Appeal from the United States District Court for the District of Massachusetts, Douglas P. Woodlock, J. Page 37 Francis A. Shannon, III, with whom […]

PORTO RICO DRUG CO. v. UNITED STATES. No. 1932.Circuit Court of Appeals, First Circuit. November 5, 1926. In Error to the District Court of the United States for the District of Porto Rico; Ira K. Wells, Judge. The Porto Rico Drug Company was convicted for receiving goods imported without payment of customs duties, and for […]

Jorge PÉREZ-CORDERO, Plaintiff, Appellant, v. WAL-MART PUERTO RICO, INC., et al., Defendants, Appellees. No. 09-2317.United States Court of Appeals, First Circuit.Heard September 16, 2010. Decided August 26, 2011. Appeal from the United States District Court for the District of Puerto Rico, Juan M. Pérez-Giménez, J. Page 20 Wilma E. Reverón Collazo, for appellant. Marena S. […]

U.S. v. Mandarion. 93-1444.United States Court of Appeals, First Circuit. November 25, 1994. Appeal from S.D.N.Y. Decisions without Published Opinions Affirmed.

JAMESTOWN NEWPORT FERRY CO. v. COMMISSIONER OF INTERNAL REVENUE. No. 2428.Circuit Court of Appeals, First Circuit. June 5, 1930. Page 921 Appeal from the Board of Tax Appeals. Petition by the Jamestown Newport Ferry Company, to review a decision of the United States Board of Tax Appeals approving determination by the Commissioner of Internal Revenue […]

UNITED STATES OF AMERICA, APPELLANT, v. HENRY CIOVACCO AND JOHN STANTON, DEFENDANTS-APPELLEES. No. 74-1430.United States Court of Appeals, First Circuit.Argued April 8, 1975. Decided June 10, 1975. Page 30 Lawrence P. Cohen, Asst. U.S. Atty., Deputy Chief, Crim. Div., with whom James N. Gabriel, U.S. Atty., Boston, Mass., was on brief, for appellant. Martin S. […]

In re RAGAN. In re CHENEY. RAGAN v. FORBES.[*] No. 1752-1756.Circuit Court of Appeals, First Circuit. December 22, 1924. [*] Certiorari denied 45 S. Ct. 354, 69 L. Ed. ___. Appeal from and Petition for revision of Proceedings in the District Court of the United States for the District of Massachusetts; James M. Morton, Judge. […]

MASSACHUSETTS ASSOCIATION FOR RETARDED CITIZENS, INC., ET AL., PLAINTIFFS-APPELLEES, v. EDWARD J. KING, ET AL., DEFENDANTS-APPELLANTS. Nos. 81-1292, 81-1692.United States Court of Appeals, First Circuit.Argued September 18, 1981. Decided December 18, 1981. Page 603 Bruce Mohl, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Thomas Miller, Asst. Atty. Gen., Boston, […]

The PODIATRIST ASSOCIATION, INC., et al., Plaintiffs, Appellants, v. LA CRUZ AZUL DE PUERTO RICO, INC. and Triple-S, Inc., Defendants, Appellees. No. 01-2718.United States Court of Appeals, First Circuit.Heard March 5, 2003. Decided June 12, 2003. Appeal from the United States District Court for the District of Puerto Rico, Hector M. Laffitte, J. Page 7 […]

CHARLES CLAUSON, PLAINTIFF, APPELLANT, v. ROBERT D. SMITH, DEFENDANT, APPELLEE. No. 86-2019.United States Court of Appeals, First Circuit.Argued June 3, 1987. Decided July 7, 1987. As Amended July 17, 1987. David B. Kaplan, with whom Thomas M. Bond, Chelsea, Mass., Paul V. Gallogly and Lovett, Schefrin Gallogly, Providence, R.I., were on brief, for plaintiff, appellant. […]

Michael J. O’CONNELL and Roxanne O’Connell, Plaintiffs, Appellants, v. HYATT HOTELS OF PUERTO RICO and Dorado Beach Hotel Corporation, Defendants, Appellees. Nos. 02-1571, 03-1262.United States Court of Appeals, First Circuit.Heard November 30, 2003. Decided February 12, 2004. Appeal from the United States District Court for the District of Puerto Rico, José Antonio Fusté, J. Page […]