Category: First Circuit Court of Appeals Opinions

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 […]

CRUZ PEDRAZA, ALEJANDRINA PEDRAZA, ROBERTO PEDRAZA AND MARY ELLEN PEDRAZA, PLAINTIFFS, APPELLEES, v. SHELL OIL COMPANY, DEFENDANT, APPELLANT. CRUZ PEDRAZA, ALEJANDRINA PEDRAZA, ROBERTO PEDRAZA AND MARY ELLEN PEDRAZA, PLAINTIFFS, APPELLANTS, v. SHELL OIL CO., DEFENDANT, APPELLEE. Nos. 90-1291, 90-1402.United States Court of Appeals, First Circuit.Heard September 14, 1990. Decided August 13, 1991. Page 49 John […]

UNITED STATES OF AMERICA, APPELLANT, v. REX W. CUNNINGHAM, JR., THOMAS FERRIS, BRIAN HOYLE, DEFENDANTS, APPELLEES. No. 96-1828.United States Court of Appeals, First Circuit.Heard February 3, 1997 Decided May 19, 1997. Todd E. Newhouse, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, Boston, MA, was on brief, for the United States. […]

Maurice D. SCANLON, Defendant, Appellant, v. UNITED STATES of America, Appellee. No. 4877.United States Court of Appeals, First Circuit. June 13, 1955. Page 383 Stanley M. Brown, Manchester, McLane, Carleton, Graf, Greene Brown, Manchester, on the brief, for appellant. Maurice P. Bois, U.S. Atty., Manchester, Burton L. Williams, Trial Atty., Internal Revenue Service, Boston, Mass., […]

UNITED STATES OF AMERICA, APPELLANT, v. DONALD JESUS LOAISIGA, DEFENDANT, APPELLEE. No. 96-1403.United States Court of Appeals, First Circuit. January 15, 1997. Jacqueline Ross, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, and Robert E. Richardson, Assistant United States Attorney, were on briefs, for U.S. Jeffrey M. Smith, by Appointment of […]

UNITED STATES of America, Appellee, v. Carlos VAZQUEZ-MOLINA, Defendant, Appellant. No. 03-2655.United States Court of Appeals, First Circuit.Submitted September 21, 2004. Decided November 15, 2004. Appeal from the United States District Court for the District of Puerto Rico, Juan M. Perez-Gimenez, J. Page 55 Charles F. Willson and Nevins Nevins LLP on brief for appellant. […]

DEVCON CORPORATION, PLAINTIFF-APPELLEE, v. WOODHILL CHEMICAL SALES CORPORATION ET AL., DEFENDANTS-APPELLANTS. No. 72-1011.United States Court of Appeals, First Circuit. January 20, 1972. Supplemental Opinion March 20, 1972. Page 831 H. D. Cooper, Cleveland, Ohio, with whom Howard L. Weinshenker, Yount, Tarolli, Weinshenker Cooper, Cleveland, Ohio, Stanley Sacks, and Wolf, Greenfield Sacks, Boston, Mass., were on […]

JIMMY J. ST. PIERRE, PLAINTIFF, APPELLANT, v. RAYMOND J. HELGEMOE, WARDEN, NEW HAMPSHIRE STATE PRISON, DEFENDANT, APPELLEE. No. 76-1384.United States Court of Appeals, First Circuit. December 16, 1976. Page 1307 Carroll F. Jones, Concord, N.H., with whom McSwiney, Jones Semple, Concord, N.H., was on brief, for plaintiff-appellant. James L. Kruse, Asst. Atty. Gen., Concord, N.H., […]

UNITED STATES, APPELLEE, v. JORGE L. GARIB-BAZAIN, DEFENDANT, APPELLANT. No. 00-1005United States Court of Appeals, First Circuit.Submitted August 21, 2000. Decided August 30, 2000. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Jose Antonio Fuste, U.S. District Judge] Page 18 Charles E. Fitzwilliam, Gonzalez Torres P.S.C., Howard M.Srebnick and […]

BROCKTON TAUNTON GAS COMPANY, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent, and Eastern Gas and Fuel Associates, Intervenor. No. 7036.United States Court of Appeals, First Circuit. June 28, 1968. Page 718 Cameron F. MacRae, New York City, with whom Taylor R. Briggs, New York City, William L. Cary, New York City, Robert W. Meserve, Richard […]

IN THE MATTER OF THE APPLICATION OF MICHAEL J. KINGSLEY FOR THE RETURN OF SEIZED PROPERTY, IN RE MICHAEL J. KINGSLEY, PETITIONER (TWO CASES). Nos. 85-1704, 85-1744.United States Court of Appeals, First Circuit.Argued January 9, 1986. Decided September 30, 1986. Page 572 Linda J. Thompson with whom John M. Thompson, Springfield, Mass., was on brief, […]

INSTITUTE FOR TREND RESEARCH, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee. No. 5080.United States Court of Appeals, First Circuit. March 16, 1956. Appeal from the United States District Court for the District of New Hampshire; Aloysius J. Connor, Judge. Robert H. Reno, Concord, N.H., with whom Orr Reno, Concord, N.H., was on brief, […]

PEDRO AMEZQUITA ET AL., PLAINTIFFS-APPELLEES, v. RAFAEL HERNANDEZ-COLON ET AL., DEFENDANTS-APPELLANTS. No. 74-1345.United States Court of Appeals, First Circuit. June 20, 1975. Page 9 Peter Ortiz, Deputy Sol. Gen., with whom Miriam Naverira de Rodon, Sol. Gen., was on application for certification and brief in support, for defendants-appellants. Pedro J. Saade Llorens, San Juan, P.R., […]

ACCION SOCIAL de PUERTO RICO, INC., PLAINTIFF, APPELLEE, v. NORBERTO VIERA PEREZ, ETC., ET AL., DEFENDANTS, APPELLANTS. No. 87-1151.United States Court of Appeals, First Circuit.Argued July 28, 1987. Decided October 20, 1987. Opinion on Denial of Rehearing November 23, 1987. Page 366 Pedro Juan Perez Nieves with whom Saldana, Rey, Moran Alvarado, Santurce, P.R., was […]

Gennaro J. ANGIULO, Respondent, Appellant, v. Patrick J. MULLINS, Special Agent, Internal Revenue Service, Petitioner, Appellee. No. 6334.United States Court of Appeals, First Circuit. December 3, 1964. Page 821 Francis J. DiMento, Boston, Mass., with whom DiMento Sullivan, Boston, Mass., and Ronald R. Popeo, Chestnut Hill, were on brief, for appellant. Murray H. Falk, Asst. […]

JOHN CLARK DONATELLI, PLAINTIFF, APPELLEE, v. NATIONAL HOCKEY LEAGUE, DEFENDANT, APPELLANT. No. 89-1681.United States Court of Appeals, First Circuit.Heard November 9, 1989. Decided January 12, 1990. Page 460 Herbert Dym, with whom Bingham B. Leverich, Bruce N. Kuhlik, Kenneth J. Diamond, Covington Burling, Christopher H. Little, John Voorhees, Fran R. Robins-Liben, and Tillinghast, Collins Graham […]

INTERNATIONAL SHOE MACHINE CORPORATION, PLAINTIFF-APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT-APPELLEE. No. 73-1337.United States Court of Appeals, First Circuit.Argued January 8, 1974. Decided January 23, 1974. Page 158 Evan Y. Semerjian, Boston, Mass., with whom James D. St. Clair and Hale Dorr, Boston, Mass., were on brief, for appellant. Joseph M. McManus, Atty., Tax Div., […]

WELCH, Collector of Internal Revenue, v. DAVIDSON. No. 3408.Circuit Court of Appeals, First Circuit. March 2, 1939. Appeal from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. Action by William J. Davidson against William M. Welch, Collector, to recover gift taxes paid by plaintiff for the calendar […]

BETTY J. WILLIAMS, A/K/A TINA WILLIAMS, PETITIONER, APPELLANT, v. TERRY HOLBROOK, ET AL., RESPONDENT, APPELLEE. No. 82-1027.United States Court of Appeals, First Circuit.Argued June 8, 1982. Decided September 23, 1982. Page 4 Philip M. Weinberg, Boston, Mass., with whom Geller Weinberg, Boston, Mass., was on brief, for appellant. Paula J. DeGiacomo, Asst. Atty. Gen., Boston, […]

UNITED STATES, Appellee, v. Ramon Antonio SIMO-LÓPEZ, Defendant, Appellant. No. 05-2656.United States Court of Appeals, First Circuit.Submitted September 22, 2006. Decided December 22, 2006. Appeal from The United States District Court for the District of Puerto Rico, Juan M. Perez-Gimenez, J. Page 250 Joseph C. Laws, Jr., Federal Public Defender, Juan F. Matos-De Juan, Assistant […]

NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. ST. ANNE’S HOSPITAL, RESPONDENT. No. 80-1614.United States Court of Appeals, First Circuit.Argued March 3, 1981. Decided May 5, 1981. Victoria A. Higman, Washington, D.C., with whom William A. Lubbers, General Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, and Elliott Moore, Deputy […]

COMMONWEALTH OF MASSACHUSETTS, BY ITS DEPARTMENT OF PUBLIC WELFARE, PETITIONER, v. DEPARTMENTAL GRANT APPEALS BOARD OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, ET AL., RESPONDENTS. COMMONWEALTH OF MASSACHUSETTS, BY ITS DEPARTMENT OF PUBLIC WELFARE, PLAINTIFF, APPELLANT, v. DEPARTMENTAL GRANT APPEALS BOARD OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, ET […]

KENNETH L. SHEA, PLAINTIFF, APPELLANT, v. PETER TISCH, ETC., DEFENDANT, APPELLEE. No. 88-1547.United States Court of Appeals, First Circuit.Submitted December 9, 1988. Decided March 24, 1989. Cornelius J. Sullivan, on brief, for appellant. Eileen M. Hagerty, Asst. U.S. Atty., Frank L. McNamara, Jr., U.S. Atty., Boston, Mass., and Lori Joan Dym, Office of Labor Law, […]

SILVERMAN BROTHERS, INC., Defendant, Appellant, v. UNITED STATES of America, Plaintiff, Appellee. No. 6118.United States Court of Appeals, First Circuit. November 15, 1963. Richard W. Zacks, Providence, R.I., with whom Max Winograd, Providence, R.I., was on the brief, for appellant. David L. Rose, Attorney, Department of Justice, with whom John W. Douglas, Asst. Atty. Gen., […]

DONALD MANTER COMPANY, INC., PLAINTIFF-APPELLANT, v. RICHARD E. DAVIS ET AL., DEFENDANTS-APPELLEES. No. 76-1324.United States Court of Appeals, First Circuit.Argued October 4, 1976. Decided November 2, 1976. James E. Carroll, Manchester, N. H., with whom Eaton, Moody, Solms Carroll, Manchester, N. H., was on brief, for appellant. David L. Cleary, Barre, Vt., with whom Richard […]

CHURCH OF SCIENTOLOGY INTERNATIONAL, PLAINTIFF, APPELLANT, v. UNITED STATES DEPARTMENT OF JUSTICE, DEFENDANT, APPELLEE. No. 94-1112.United States Court of Appeals, First Circuit.Heard May 4, 1994. Decided July 26, 1994. Page 225 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 226 Kendrick L. […]

UNITED STATES, APPELLEE, v. MARK KARAS, DEFENDANT, APPELLANT. No. 90-2103.United States Court of Appeals, First Circuit.Heard July 29, 1991. Decided November 20, 1991. Rehearing Denied February 13, 1992. Page 32 Thomas E. Kanwit with whom Cathryn A. Neaves, Meirwyn I. Walters and Gaston Snow, Boston, Mass., were on brief for defendant, appellant. Michael Kendall, Asst. […]

BOERMAN v. MARRERO et al. No. 1711.Circuit Court of Appeals, First Circuit. January 6, 1925. Appeal from the District Court of the United States for the District of Porto Rico; Odlin, Judge. Suit in equity by Maria L. Boerman, executrix, against Amelia Marrero and others. Decree for defendants, and complainant appeals. Affirmed. Herminia Tormes, of […]

UNITED STATES OF AMERICA, APPELLANT, v. WAYNE N. COLLAMORE, DEFENDANT, APPELLEE. IN RE UNITED STATES OF AMERICA, PETITIONER. Nos. 88-1649, 88-1909.United States Court of Appeals, First Circuit.Heard November 11, 1988. Decided February 17, 1989. Rehearing and Rehearing En Banc Denied March 21, 1989. Page 25 F. Mark Terison, Asst. U.S. Atty., with whom Richard S. […]

UNITED STATES of America, Appellee, v. Fredrico TAVARES, Defendant, Appellant. No. 04-1432.United States Court of Appeals, First Circuit.Heard October 3, 2005. Decided October 28, 2005. Appeal from the United States District Court for the District of Massachusetts, Richard Stearns, J. Page 123 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

JEROME CROWLEY, ANTHONY COYNE, JOSEPH FAHEY, ROBERT LUNNIN, JAMES HAYES, GERALD OWENS, JOHN LYNCH, JOSEPH TRASK, JOSEPH MONTAGNA, AND DENNIS BATES, PLAINTIFFS-APPELLEES, v. LOCAL NO. 82, FURNITURE AND PIANO MOVING, FURNITURE STORE DRIVERS, HELPERS, WAREHOUSEMEN, AND PACKERS; BART GRIFFITHS, SECRETARY-TREASURER, LOCAL NO. 82; GEORGE HARRIS, PRESIDENT, LOCAL NO. 82; PHILLIP PIEMONTESE, CHAIRMAN OF THE ELECTION […]

LATIN AMERICAN MUSIC CO., INC. and Asociación de Compositores y Editores de Música Latinomericana, Plaintiffs, Appellants, Turabo Radio Corp., et al., Plaintiffs, Southern Music Publishing Co., Inc., et al., Plaintiffs, Appellees v. THE ARCHDIOCESE OF SAN JUAN OF THE ROMAN CATHOLIC APOSTOLIC CHURCH, et al., Defendants, Appellees. No. 05-2806.United States Court of Appeals, First Circuit.Heard […]

UNITED STATES OF AMERICA, APPELLEE, v. PHILIP G. ARCADIPANE, DEFENDANT, APPELLANT. No. 94-1342.United States Court of Appeals, First Circuit.Heard November 10, 1994. Decided November 23, 1994. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 3 Willie J. Davis, with whom […]

CARMEN DE SAN MIGUEL, PLAINTIFF, APPELLANT, v. FAUSTO OLANO SBERT ET AL., DEFENDANTS, APPELLEES. No. 79-1155.United States Court of Appeals, First Circuit.Argued November 6, 1979. Decided December 28, 1979. Jesus Hernandez Sanchez, San Juan, P. R., on brief, for plaintiff, appellant. Justo Gorbea Varona, Asst. Sol. Gen., San Juan, P. R., with whom Hector A. […]

UNITED STATES OF AMERICA, APPELLEE, v. AARON STERN, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. LAWRENCE GORDON, DEFENDANT, APPELLANT. Nos. 92-2300, 93-1047.United States Court of Appeals, First Circuit.Heard September 9, 1993. Decided January 20, 1994. Page 490 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

IN RE SAUGUS GENERAL HOSPITAL, INC., DEBTOR. PHILIP L. SISK, RECEIVER OF SAUGUS GENERAL HOSPITAL, PLAINTIFF, APPELLEE, v. SAUGUS BANK AND TRUST COMPANY, DEFENDANT, APPELLANT. No. 82-1420.United States Court of Appeals, First Circuit.Argued November 3, 1982. Decided January 20, 1983. Page 43 James R. DeGiacomo, Boston, Mass., with whom Susan J. Baronoff, and Roche, Carens […]

Fernando AGUIAR-CARRASQUILLO, María Reyes-García, Plaintiffs, Appellants, v. Hon. Juan AGOSTO-ALICEA, in his personal capacity and in his official capacity as President of the Government Development Bank (GDB); Government Development Bank of Puerto Rico, Defendants, Appellees. No. 05-1743.United States Court of Appeals, First Circuit.Submitted February 9, 2006. Decided April 12, 2006. Appeal from the United States […]

PATRICK J. O’CONNOR, PLAINTIFF, APPELLANT, v. ROBERT W. STEEVES, ET AL., DEFENDANTS, APPELLEES. No. 92-2134.United States Court of Appeals, First Circuit.Argued February 1, 1993. Decided May 28, 1993. Page 906 Paul F. Denver with whom Neil Rossman and Rossman, Rossman Eschelbacher, Boston, MA, were on brief for plaintiff, appellant. John Foskett with whom Deutsch, Williams, […]

UNITED STATES, APPELLEE, v. JOSE DANIEL, DEFENDANT, APPELLANT. No. 91-1554.United States Court of Appeals, First Circuit.Argued March 4, 1992. Decided April 3, 1992. Page 101 H. Manuel Hernandez, Longwood, Fla., by Appointment of the Court, for defendant, appellant. Jose A. Quiles, Asst. U.S. Atty., with whom Daniel F. Lopez-Romo, U.S. Atty., Hato Rey, P.R., was […]

Justino ACEVEDO-LUIS, Plaintiff, Appellant, v. Mercedes PAGÁN, in her personal capacity and in her official capacity as Aguadilla Regional Director, Family Department, Defendant, Appellee, Yolanda Zayas, in her personal capacity and in her official capacity as Secretary, Department of the Family, Defendant. No. 06-1567.United States Court of Appeals, First Circuit.Submitted December 8, 2006. Decided February […]

VISIBLE SYSTEMS CORPORATION, Plaintiff, Appellant/Cross-Appellee, v. UNISYS CORPORATION, Defendant, Appellee/Cross-Appellant. Nos. 07-2730, 08-1410, 08-1411.United States Court of Appeals, First Circuit.Heard November 3, 2008. Decided December 23, 2008. Appeal from the United States District Court for the District of Massachusetts, Richard G. Stearns, J. Page 66 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

EDWIN RODRIGUEZ-GARCIA, ET AL., PLAINTIFFS, APPELLANTS, v. ESTEBAN DAVILA, ETC., ET AL., DEFENDANTS, APPELLEES. No. 89-1023.United States Court of Appeals, First Circuit.Heard October 31, 1989. Decided May 22, 1990. Page 91 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 92 Frank Rodriguez […]

Robert WALDRON and Christopher Mills, Plaintiffs, Appellees v. GEORGE WESTON BAKERIES INC. and George Weston Bakeries Distribution Inc., Defendants, Appellants. No. 08-2554.United States Court of Appeals, First Circuit.Heard June 3, 2009. Decided June 19, 2009. Appeal from the United States District Court for the District of Maine, George Z. Singal, J. Page 6 Catherine R. […]

DUANE P. BRASSLETT, PLAINTIFF, APPELLANT, v. RAYMOND J. COTA, JR., ET AL., DEFENDANTS, APPELLEES. No. 84-1555.United States Court of Appeals, First Circuit.Heard February 9, 1985. Decided May 16, 1985. Page 828 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 829 Theodore S. […]

MASTER et al. v. SECOND PARISH OF PORTLAND et al. No. 3692.Circuit Court of Appeals, First Circuit. December 24, 1941. Appeal from the District Court of the United States for the District of Maine; John A. Peters, Judge. Bill in equity by Henry B. Master and others against the Second Parish of Portland and others, […]

BARBARA BREWER, PLAINTIFF, APPELLANT, v. EDWARD R. MADIGAN, ETC., ET AL., DEFENDANTS, APPELLEES. No. 91-1035.United States Court of Appeals, First Circuit.Heard May 10, 1991. Decided September 26, 1991. Page 450 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 451 Patrick Ende, with […]

JANE FORTIN, ET AL., ETC., PLAINTIFFS, APPELLEES, v. COMMISSIONER OF THE MASSACHUSETTS DEPARTMENT OF PUBLIC WELFARE, DEFENDANT, APPELLANT. No. 82-1138.United States Court of Appeals, First Circuit.Argued September 10, 1982. Decided November 4, 1982. Page 791 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

Samantha J. COMFORT, etc., et al., Plaintiffs, Appellants, v. LYNN SCHOOL COMMITTEE et al., Defendants, Appellees. No. 08-1735.United States Court of Appeals, First Circuit.Heard January 7, 2009. Decided March 12, 2009. Appeal from the District Court, Nancy Gertner, J. Page 23 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

John Brian ATTWOOD, Petitioner, Appellant, v. John ASHCROFT, et al., Respondents, Appellees. No. 00-2130.United States Court of Appeals, First Circuit.Heard May 7, 2001. Decided August 2, 2001. Appeal from the United States District Court for the District of Massachusetts, Joseph L. Tauro, J. Brenda M. O’Malley, Attorney, Office of Immigration Litigation, Civil Division, United States […]

AETNA CASUALTY AND SURETY COMPANY, PLAINTIFF, APPELLANT, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, DEFENDANT, APPELLEE. No. 86-1445.United States Court of Appeals, First Circuit.Argued October 9, 1986. Decided December 1, 1986. John P. Graceffa with whom Gallagher Gallagher, P.C., Boston, Mass., was on brief for plaintiff, appellant. D. Alice Olsen with whom Susan C. Mormino, […]

BRYNE v. GREENE. No. 2885.Circuit Court of Appeals, First Circuit. April 6, 1934. Appeal from the District Court of the United States for the District of Maine; John A. Peters, Judge. Action by James L. Bryne against David J. Greene. From a judgment in favor of defendant, the plaintiff appeals. Affirmed. Ernest L. McLean, of […]

UNITED STATES of America, Appellee, v. Patricia A. TEETER, Defendant, Appellant. No. 00-2332.United States Court of Appeals, First Circuit.Submitted April 3, 2001. Decided July 23, 2001. Appeal from the United States District Court for the District of Maine, Gene Carter, J. Page 15 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

UNITED STATES OF AMERICA, APPELLEE, v. KENNETH E. OLIVER, DEFENDANT, APPELLANT. No. 77-1181.United States Court of Appeals, First Circuit.Argued November 11, 1977. Decided February 17, 1978. Page 398 James M. Pool, Boston, Mass, by appointment of the Court, for defendant, appellant. David P. Twomey, Asst. U.S. Atty., Boston, Mass., with whom Edward F. Harrington, U.S. […]

ÆTNA FINANCE COMPANY, Defendant, Appellant, v. James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, Appellee. No. 5206.United States Court of Appeals, First Circuit. July 23, 1957. Harold H. Levin, New York City, with whom Matthew W. Goring, Providence, R.I., Charles S. Kelly and Floyd E. Britton, Chicago, Ill., Hinckley, Allen, Salisbury […]

Jameleddin ALSAMHOURI, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent. No. 05-2800.United States Court of Appeals, First Circuit.Submitted March 22, 2007. Decided April 19, 2007. Page 118 Jose A. Espinosa, Peter J. Rubin, Walter Dellinger, and O’Melveny Myers, LLP on brief for petitioner. Thomas L. Holzman, Special Attorney, Office of Immigration Litigation, […]

Derek SIVO, Petitioner, Appellant, v. A.T. WALL, Director, Rhode Island Department of Corrections, Respondent, Appellee. No. 10-1836.United States Court of Appeals, First Circuit.Heard April 5, 2011. Decided June 30, 2011. Appeal from the United States District Court for the District of Rhode Island, William E. Smith, J. Page 47 Richard K. Corley, by appointment of […]

Robert B. NOBLE, Defendant, Appellant, v. Ralph W. FARRIS, Plaintiff, Appellee. No. 4922.United States Court of Appeals, First Circuit. May 6, 1955. Charles F. Hartnett, II, Portsmouth, N.H., with whom James C. Cleveland, New London, N.H., was on brief, for appellant. Gordon M. Tiffany, Concord, N.H., with whom Tiffany Osborne, Concord, N.H., was on brief, […]

UNITED STATES of America, Appellee, v. Albert V. INNARELLI, Defendant, Appellant. No. 06-2400.United States Court of Appeals, First Circuit.Heard January 7, 2008. Decided April 29, 2008. Appeal from the United States District Court for the District of Massachusetts, Michael A. Ponsor, J. Page 287 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

UNITED STATES OF AMERICA, APPELLEE, v. DAVID S. McKEEVE, DEFENDANT, APPELLANT. No. 96-2273United States Court of Appeals, First Circuit.Heard November 6, 1997 Decided December 5, 1997 Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 3 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

MILDRED T. BULLARD, ADMINISTRATRIX, ET AL., PLAINTIFFS, APPELLEES, v. CENTRAL VERMONT RAILWAY, INC., DEFENDANT, APPELLANT, AND ROBERT W. MESERVE ET AL., TRUSTEES, DEFENDANTS, APPELLEES. HARRY A. GONYER, PLAINTIFF, APPELLEE, v. CENTRAL VERMONT RAILWAY, INC., DEFENDANT, THIRD-PARTY DEFENDANT AND THIRD-PARTY PLAINTIFF, APPELLANT, AND ROBERT W. MESERVE ET AL., TRUSTEES, DEFENDANTS, THIRD-PARTY DEFENDANTS AND THIRD-PARTY PLAINTIFFS, APPELLEES. […]

THE CONJUGAL SOCIETY COMPOSED OF JUVENAL ROSA, PEDRO AMADOR DE ROSA, ROSA, ROSARIO, JUVENAL ROSA, PEDRO AMADOR DE ROSA, ROSARIO, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. CHICAGO TITLE INSURANCE COMPANY, FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF PUERTO RICO, DEFENDANTS-APPELLEES. No. 81-1802.United States Court of Appeals, First Circuit. June 22, 1982. As Modified on Denial of Rehearing July […]

BONNOYER et al. v. UNITED STATES. No. 2762.Circuit Court of Appeals, First Circuit. January 31, 1933. Page 94 Appeal from the District Court of the United States for the District of Maine; John A. Peters, Judge. Oscar Bonnoyer and Abraham Greenfield, alias Abe Greenfield, were convicted of conspiracy to knowingly and unlawfully possess intoxicating liquor, […]

INDUSTRIAL GENERAL CORPORATION, PLAINTIFF, APPELLEE, v. SEQUOIA PACIFIC SYSTEMS CORPORATION, DEFENDANT, APPELLANT. No. 94-1617.United States Court of Appeals, First Circuit.Heard October 5, 1994. Decided January 11, 1995. Page 41 Stanley W. Wheatley with whom Gordon Wise, Boston, MA, was on brief, for appellant. Walter J. Connelly with whom Lyne, Woodworth Evarts, Boston, MA, was on […]

Donald L. CARCIERI, in his capacity as Governor of the State of Rhode Island, State of Rhode Island and Providence Plantations, a sovereign state of the United States of America, and Town of Charlestown, Rhode Island, Plaintiffs, Appellants, v. Gale A NORTON, in her capacity as Secretary of the Department of the Interior, United States […]

TRANS-ASIATIC OIL LTD. S.A., PLAINTIFF, APPELLEE, v. APEX OIL COMPANY, DEFENDANT, APPELLANT. No. 83-1948.United States Court of Appeals, First Circuit.Argued May 9, 1984. Decided September 13, 1984. Page 957 Pedro J. Santa-Sanchez, Hato Rey, P.R., with whom Fradique A. Rocha, and O’Neill Borges, Hato Rey, P.R., were on brief, for defendant, appellant. Francisco G. Bruno, […]

UNITED STATES of America, Appellant, v. Roscoe B. SARGENT, Defendant, Appellee. No. 02-1839.United States Court of Appeals, First Circuit.Heard January 9, 2003. Decided February 5, 2003. Rehearing and Suggestion for Rehearing En Banc Denied February 27, 2003. Page 5 Appeal from the United States District Court for the District of Maine, George Z. Singal, J. […]

IN RE GRAND JURY PROCEEDINGS. APPEAL OF CAMPAIGNER PUBLICATIONS, INC., ET AL., APPELLANTS. IN RE GRAND JURY PROCEEDINGS. APPEAL OF CAUCUS DISTRIBUTORS, INC., APPELLANT. Nos. 85-1762, 86-1047 and 86-1170.United States Court of Appeals, First Circuit.Argued April 8, 1986. Decided July 3, 1986. Page 227 Matthew H. Feinberg with whom Segal, Moran Feinberg, Boston, Mass., Kenneth […]

RONALD L. BORDEN, PLAINTIFF, APPELLANT, v. VETERANS ADMINISTRATION, DEFENDANT, APPELLEE. No. 94-1620.United States Court of Appeals, First Circuit.Submitted September 6, 1994. Decided December 8, 1994. Ronald L. Borden, pro se. Donald K. Stern, U.S. Atty., Charlene A. Stawicki, Sp. Asst. U.S. Atty., and Mary Elizabeth Carmody, Asst. U.S. Atty., on brief, for appellee. Appeal from […]

UNITED STATES of America, Appellee, v. Fnu LNU, a/k/a Jimmy Oshunkey, Defendant, Appellant. Nos. 07-1780, 07-2020.United States Court of Appeals, First Circuit.Heard September 3, 2008. Decided October 10, 2008. Appeal from the United States District Court for the District of New Hampshire, Joseph A. DiClerico, Jr., J. Page 362 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

Luis Alonzo CALDERO-GUZMAN, Petitioner, v. Eric HOLDER, Jr., United States Attorney General, Respondent. No. 08-2325.United States Court of Appeals, First Circuit.Submitted June 3, 2009. Decided June 19, 2009. Page 346 Robert M. Warren on brief for petitioner. Michael F. Hertz, Acting Assistant Attorney General, Civil Division, Anthony Wray Norwood, Senior Litigation Counsel, Office of Immigration […]

UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. PARCEL OF LAND AND RESIDENCE AT 18 OAKWOOD STREET, DORCHESTER, MASSACHUSETTS, DEFENDANT, APPELLANT, WILLIAM COOPER, CLAIMANT, APPELLANT. UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE, v. PARCEL OF LAND AND RESIDENCE AT 18 OAKWOOD STREET, DORCHESTER, MASSACHUSETTS, DEFENDANT, APPELLANT, WILLIAM COOPER, CLAIMANT, APPELLANT. Nos. 91-1967, 91-1968.United States Court of Appeals, […]

Francisco MÉNDEZ-MATOS; Francisco Méndez-Ayala, Plaintiffs, Appellants/Cross-Appellees, v. MUNICIPALITY OF GUAYNABO; Honorable Hector O’Neill, in his personal and official capacity as Mayor of the Municipality of Guaynabo; Alba Alvelo de O’Neill; Conjugal Partnership O’Neill-Alvelo, Defendants, Appellees/Cross-Appellants. Nos. 07-2303 to 07-2305, 07-2433.United States Court of Appeals, First Circuit.Heard June 6, 2008. Decided February 24, 2009. Appeal from […]

MICHAEL J. GEISELMAN, ET AL., PLAINTIFFS, APPELLANTS, v. UNITED STATES OF AMERICA, ET AL., DEFENDANTS, APPELLEES. MICHAEL J. GEISELMAN, PLAINTIFF, APPELLANT v. UNITED STATES OF AMERICA, DEFENDANT, APPELLEE. Nos. 91-1501, 91-1738.United States Court of Appeals, First Circuit.Submitted December 16, 1991. Decided March 31, 1992. Page 2 Michael J. Geiselman and Valerie Washburn Geiselman, on brief, […]

UNITED STATES OF AMERICA, APPELLEE, v. SHIRLEY P. RECCKO, DEFENDANT, APPELLANT. No. 98-1176.United States Court of Appeals, First Circuit. August 10, 1998. Page 30 Thomas G. Briody, by appointment of the court, for appellant. Richard W. Rose, Assistant United States Attorney, with whom Margaret E. Curran, United States Attorney, was on brief, for appellee. Appeal […]

Vázquez-Filippetti;; Luz Filippetti-Pèrez; Marlyn Vázquez-Filippetti; Yohannie Vázquez-Filippetti, Plaintiffs, Appellees/Cross-Appellants, v. BANCO POPULAR DE PUERTO RICO; Federal Insurance Company, Defendants, Appellants/Cross-Appellees, José Toro-Rodríguez; Felix Toro-Rodríguez; Cooperativa de Seguros Múltiples; Cecilia Petitón-Garcia, Defendants/Cross-Appellees. Nos. 05-2372, 06-1432.United States Court of Appeals, First Circuit.Heard March 8, 2007. Decided September 27, 2007. Appeal from the United States District Court for […]

UNITED STATES OF AMERICA, APPELLEE, v. GEORGE OLMSTEAD, DEFENDANT, APPELLANT. No. 86-1773.United States Court of Appeals, First Circuit.Argued September 18, 1987. Decided October 29, 1987. James B. Krasnoo, by Appointment of the Court, with whom Norris, Kozodoy, Krasnoo Fong, Boston, Mass., was on brief, for defendant, appellant. Richard G. Stearns, Asst. U.S. Atty., with whom […]

UNITED STATES, APPELLEE, v. GUILLERMO ALEMANY RIVERA, DEFENDANT, APPELLANT. UNITED STATES, APPELLEE, v. EDGAR M. STELLA PEREZ, DEFENDANT, APPELLANT. Nos. 94-1081, 94-1082.United States Court of Appeals, First Circuit.Heard September 12, 1994. Decided June 6, 1995. Page 704 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

FRIENDLY ICE CREAM CORPORATION, PETITIONER, v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT. No. 82-1616.United States Court of Appeals, First Circuit.Argued February 2, 1983. Decided April 26, 1983. Page 571 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 572 Samuel Leiter, Boston, Mass., with […]

SEA SHORE CORPORATION D/B/A CANTERBURY LIQUORS PANTRY AND WHITEHALL CO., LIMITED, PLAINTIFFS, APPELLEES, v. WALTER J. SULLIVAN, JR., SUZANNE IANELLA AND FREDERICK W. RILEY INDIVIDUALLY AND IN THEIR REPRESENTATIVE AND OFFICIAL CAPACITY AS MEMBERS OF THE MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL COMMISSION, DEFENDANTS, APPELLEES. MASSACHUSETTS WHOLESALERS OF MALT BEVERAGES, INC., INTERVENOR, APPELLANT. No. 98-1317.United States Court […]

Nana TOURE, Petitioner, v. John ASHCROFT, Attorney General, United States of America, Respondent. No. 03-1706.United States Court of Appeals, First Circuit.Submitted September 30, 2004. Decided February 3, 2005. Petition for review from the Board of Immigration Appeals. Mark B. Laroche, on brief, for petitioner. Nancy E. Friedman, Office of Immigration Litigation, Civil Division, United States […]

NATIONAL LABOR RELATIONS BOARD, PETITIONER, AND LAWRENCE GENERAL HOSPITAL, INTERVENOR, v. MASSACHUSETTS NURSES ASSOCIATION, RESPONDENT. No. 76-1451.United States Court of Appeals, First Circuit. June 24, 1977. Page 895 Alan Banov, Atty., Washington, D.C., with whom John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott […]

ERWIN L. RUPERT, CLERGYMAN, NATIVE AMERICAN CHURCH OF THE U.S.A., PLAINTIFF, APPELLANT, v. DIRECTOR, UNITED STATES FISH AND WILDLIFE SERVICE, DEFENDANT, APPELLEE. No. 91-1861.United States Court of Appeals, First Circuit.Submitted November 27, 1991. Decided February 19, 1992. Page 33 Erwin L. Rupert on brief pro se. Barry M. Hartman, Acting Asst. Atty. Gen., Jacques B. […]

DAVID S. KREWSON, PLAINTIFF-APPELLEE, v. FRANCIS FINN, ET AL., DEFENDANTS-APPELLEES, JOHN McDONOUGH, DEFENDANT-APPELLANT. No. 96-1852.United States Court of Appeals, First Circuit. February 28, 1997. John F. Farraher, Jr., Marshfield, MA, argued (David C. Jenkins and Dwyer Jenkins, Boston, MA, were on brief), for defendant-appellant McDonough. Robert L. Hernandez, Malden, MA, argued, for plaintiff-appellee. Appeal from […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PUERTO RICO FOOD PRODUCTS CORPORATION, Respondent. No. 4984.United States Court of Appeals, First Circuit. April 26, 1956. Rehearing Denied June 13, 1956. Page 516 George L. Weasler, Field Atty., N.L.R.B., San Juan, P.R., with whom Theophil C. Kammholtz, Gen. Counsel, David P. Findling, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. […]

DANIEL ABRAHAMSON, ETC., PLAINTIFFS, APPELLEES, v. CORRINE HERSHMAN, ET AL., ETC., DEFENDANTS, APPELLANTS. No. 82-1201.United States Court of Appeals, First Circuit.Argued October 5, 1982. Decided February 24, 1983. Page 224 Barry L. Mintzer, Boston, Mass., with whom Mintzer, Stibel Biren, Boston, Mass., was on brief, for defendants, appellants. Thomas A. Mela, Boston, Mass., with whom […]

UNITED STATES OF AMERICA, APPELLEE, v. JOSUE FUENTES-VAZQUEZ, DEFENDANT, APPELLANT. No. 94-1760.United States Court of Appeals, First Circuit.Heard March 7, 1995. Decided April 28, 1995. Gabriel Hernandez Rivera, San Juan, PR, for appellant. Antonio R. Bazan, Asst. U.S. Atty., Hato Rey, PR, with whom Guillermo Gil, U.S. Atty., Washington, D.C., Jose A. Quiles-Espinosa, Senior Litigation […]

LEE-WILSON, Inc., Defendant, Appellant, v. GENERAL ELECTRIC COMPANY, Plaintiff, Appellee. No. 4944.United States Court of Appeals, First Circuit. May 19, 1955. Page 851 Irving Karg, Boston, with whom Fox, Orlov Cowin, Boston, was on brief, for appellant. Warren F. Farr, Boston, with whom George C. Caner, Jr., and Ropes, Gray, Best, Coolidge Rugg, Boston, were […]

UNITED STATES OF AMERICA, APPELLEE, v. ROBERT M. AYRES, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. NICOLO PIRRI ARDIZZONE AND FRANK TERMINI, DEFENDANTS, APPELLANTS. Nos. 83-1201, 83-1215.United States Court of Appeals, First Circuit.Argued November 9, 1983. Decided January 19, 1984. Page 807 Judith H. Mizner, Boston, Mass., with whom Gail S. Strassfeld, Susan P. […]

Margaret KELLY, Plaintiff, Appellant, v. LAHN TRANSPORTATION et al., Defendants, Appellees. No. 6861.United States Court of Appeals, First Circuit.Heard April 4, 1967. Decided May 5, 1967. Page 589 William J. Foley, Jr., Boston, Mass., for appellant. Michael T. Prendergast, Boston, Mass., for appellees. Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges. PER CURIAM. This […]

BAILEY et al. v. MINSCH et al. No. 4348.Circuit Court of Appeals, First Circuit. June 24, 1948. Appeal from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge. Action by Securities and Exchange Commission against Aldred Investment Trust and others for appointment of receiver, liquidation of trust, and […]

AWILDA ARROYO-TORRES, PLAINTIFF, APPELLANT, v. PONCE FEDERAL BANK, F.B.S., ET AL., DEFENDANTS, APPELLEES. No. 89-2029.United States Court of Appeals, First Circuit.Heard May 8, 1990. Decided November 6, 1990. Page 277 Ivonne Gonzales-Morales, for plaintiff, appellant. Francisco A. Besosa with whom Miguel J. Rodriguez Marxuach and Goldman Antonetti Ferraiuoli Axtmayer Hertell were on brief, for defendants, […]

UNITED STATES OF AMERICA, APPELLEE, v. JOSE JUAN LAMELA, DEFENDANT, APPELLANT. UNITED STATES OF AMERICA, APPELLEE, v. JAMES DAVID LAMELA, DEFENDANT, APPELLANT. Nos. 90-1148, 90-1149.United States Court of Appeals, First Circuit.Heard January 7, 1991. Decided August 21, 1991. Thomas M. Dawson, New York City, for defendants, appellants. Page 101 Jose A. Quiles, Asst. U.S. Atty., […]

UNITED STATES of America, Appellee, v. Winston McGHEE, Defendant, Appellant. No. 09-1322.United States Court of Appeals, First Circuit.Heard September 8, 2010. Decided June 22, 2011. Appeal from the United States District Court for Page 154 The District of Massachusetts, Douglas P. Woodlock, J. J. Martin Richey, Federal Defender Office, on supplemental brief for appellant. Nina […]

Robert HAGGINS et al., Plaintiffs, Appellants, v. VERIZON NEW ENGLAND, INC., Defendant, Appellee. No. 10-2196.United States Court of Appeals, First Circuit.Submitted May 3, 2011. Decided July 27, 2011. Appeal from the United States District Court for the District of Massachusetts, Michael A. Ponsor, J. Page 51 Alfred Gordon and Pyle Rome Ehrenberg, PC were on […]

ROBERT O. BAXTER, PETITIONER, APPELLANT, v. MARTIN P. DAVIS, CHAIRMAN OF THE MASSACHUSETTS PAROLE BOARD, ET AL., RESPONDENTS, APPELLEES. No. 71-1155.United States Court of Appeals, First Circuit. October 28, 1971. John C. Cratsley, Cambridge, Mass., with whom John Bookston and Kevin O’Donnell, Cambridge, Mass., were on brief, for appellant. Charles E. Chase, Asst. Atty. Gen., […]