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Court of Appeals for the First Circuit

The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:

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National Labor Relations Board v. Auburn Curtain Co., Inc, 4610 (1951)

193 F.2d 826, NATIONAL LABOR RELATIONS BOARDv.AUBURN CURTAIN CO., Inc., No. 4610., George J. Bott, Gen. Counsel, David P. Findling, Associate Gen. Counsel, A. Norman Somers, Asst. that the trial examiner made to the Board a report containing his findings of fact and recommended order;

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Dauksewicz v. United States, 4602_1 (1951)

194 F.2d 52, DAUKSEWICZv.UNITED STATES. It follows, then, that in the present enforcement suit the district court had jurisdiction to consider and pass upon a defense of invalidity of the maximum rent in question. See the Controlled Housing Rent Regulation, as amended, 825.5 (5), 14 F.R. 5715.

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Mahanor v. United States, 4597_1 (1951)

192 F.2d 873, MAHANOR et al.v.UNITED STATES. Woods v. Wolfe, 3 Cir. No issue was made in the court below as to the validity of this order in so far as it failed to make the granted increase retroactive to the earlier period during which the overcharges were made as alleged in the complaint.

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Red Devil Tools v. Hyde Mfg. Co, 4595 (1951)

, United States Court of Appeals First Circuit., 2, The complaint charges the defendant, Hyde Manufacturing Company, a Massachusetts corporation, with infringement of Echikson's U. S. Patent No. 2, 271, 290 for a Tool, granted January 27, 1942, which patent is now owned by the appellant.

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Smith v. Commissioner of Internal Revenue, 4593_1 (1951)

372, 427]) in which it was stated that Section 22(k) was added: * * * in order to provide in certain cases a new income tax treatment for payments in the nature of or in lieu of alimony or an allowance for support as between divorced or legally separated spouses. [174 F.2d 818.

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National Labor Relations Board v. Wentworth Bus Lines, Inc., 4588 (1951)

191 F.2d 849, NATIONAL LABOR RELATIONS BOARDv.WENTWORTH BUS LINES, Inc., et al., 2, The Board petitioned this court for enforcement of its order, supporting the petition by a written brief and oral argument. Respondents submitted the case without filing a brief or making an oral argument.

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Christiansen v. United States, 4587_1 (1951)

There the court said: ' * * * if the practice had been going on for so long a time, a jury was clearly justified in finding the defendant chargeable with notice of it and with the duty to provide against it.' Here the libellant was cleaning a tank and was using temporary sweat boards.

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Roche v. New Hampshire Nat. Bank, 4585_1 (1951)

Consequently, he concludes the court erred in not directing a verdict for the plaintiff-trustee., 19, The trustee-plaintiff had the burden of establishing upon a preponderance of the evidence that when this payment was received the bank had reasonable cause to believe that Wyant was insolvent.

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F.W. Woolworth Co. v. Contemporary Arts, Inc, 4584 (1951)

193 F.2d 162, 92 U.S.P.Q. The cavity of the plaster mold is then filled with a durable plaster, and after this hardens the plaster mold is chipped away, and in its turn destroyed, so that the hard plaster model becomes the master copy from which rubber production molds are made.

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Ex Parte Farrell, 4582_1 (1951)

189 F.2d 540, Ex parte FARRELL. 346, 60 L. Ed. 538; And there is nothing in the statute or Rules to preclude application within the three months to both the state judge and a justice of this Court at the same time, where shortness of time makes that necessary to preserve the right of appeal.

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National Labor Relations Board v. Kobritz, 4581 (1951)

193 F.2d 8, NATIONAL LABOR RELATIONS BOARDv.KOBRITZ et al. On August 13 a number of employees met with Mahon and decided to strike the next Monday unless Kobritz reinstated Moon and Grant. 183, 76 L. Ed. 348. 1025, is applicable to this case. The union chose to file a third amended charge.

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Narragansett Motors, Inc. v. Packard Motor Car Co, 4579_1 (1951)

And furthermore the court found that the actual contract, the Dealer's Sales Agreement, did not incorporate the check sheet by reference, but on the contrary excluded it, for the sales agreement by its very terms superseded and annulled all previous agreements between the parties.

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Bangor & Aroostook R. Co. v. Commissioner of Internal Revenue, 4577 (1951)

4, 76 L. Ed. 131; Such increased income in the sum of $1, 736.69 was therefore added by the Commissioner to the taxpayer's accumulated earnings and profits as of January 1, 1943, for the purpose of computing the taxpayer's excess profits credit in determining the excess profits tax for 1943.

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Otis Elevator Co. v. Monks, 4576 (1951)

, 7, There is merit also in the appellants' further contention that the court below erred in ruling on its own motion as a matter of law that since the receivership was a limited one, no act of bankruptcy was committed even though Mrs. Monks was in fact insolvent when her receiver was appointed.

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Everlasting Development Corp. v. Sol Luis Descartes, 4572 (1951)

The complaint in the case at bar, however, carefully refrains from alleging that tax exemption has been granted to other persons in like case with the plaintiffs, engaged in the mass production of low-cost housing. Act No. 29, approved September 5, 1950, Laws P.R. 93, 95 L. Ed. 15.

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United States v. Henning, 4571 (1951)

, 8, Clara Belle thereupon brought the instant action wherein Bessie was impleaded as a defendant. 451, Congress specifically provided for the payment of accrued installments to the estates of deceased beneficiaries and that by amendment of the 1940 Act in 1946, 60 Stat. 786, 38 U.S.C.A.

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New England Duplicating Co., Inc. v. Mendes, 4570 (1951)

The shipment of a labeled machine to his sales office in New York on May 31, 1949, cited in his application for registration as his first use of the mark in commerce, clearly constituted a use of the mark in commerce under Sec. 45, par. 151, 152, 37 L. Ed. 1144, and cases cited.

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Melanson v. O'brien, Warden, 4568_1 (1951)

He filed in the court below a petition for a writ of habeas corpus. See Darr v. Burford, 1950, 339 U.S. 200, 214-216, 94 L. Ed. 761. It thought this case was even weaker for the accused than Betts v. Brady, where the accused had directly asked the court to designate counsel for him.

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Soltero v. Descartes, Treasurer of Puerto Rico, 4567_1 (1951)

It does not appear that any Victory Tax was assessed on or paid by appellant on the proceeds from the sale of appellant's sugar to Commodity, nor on the subsidy paid to him by that corporation. The broad power to tax given by Congress to Puerto Rico includes the power to levy a tax on income.

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Currie v. Flack, 4564_1 (1951)

190 F.2d 549, CURRIEv.FLACK., 11, But suppose that Congress omitted the general jurisdictional grant inadvertently, not meaning thereby to curtail the broad jurisdiction over damage suits by tenants which had theretofore, in the Price Control Act, been vested in the federal district courts.

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