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:
MoreThe evidence shows that the Fidelity-Philadelphia Trust Company credited the Acceptance Corporation's account with the proceeds of the discount of the $800, 000 note and charged against it the notes sent by the plaintiff for collection. Violett v. Patton, 5 Cranch, 142, [3 L. Ed. 61].
Plaintiff knew that the Distilling Company was trying to sell its assets and understood that it was issuing its paper pending the consummation of the sale. He left the case to the jury under a charge which correctly stated the law and the jury have found against the defendants.
, 3, Although a receivership is not an end in itself, there can be no doubt that a court of equity has power to appoint a receiver when the appointment is 'ancillary to some form of final relief which is appropriate for equity to give.' Gordon v. Washington, 1935, 295 U.S. 30, 38, 55 S. Ct.
, United States Court of Appeals First Circuit. But under the circumstances the defendant was obviously not prejudiced by the failure of the trial judge, sitting without a jury, formally to grant the group of requests for rulings dealing with the defense of entrapment.
, PER CURIAM., 2, Though the respondents filed elaborate Exceptions to the Trial Examiner's Intermediate Report, which exceptions the Board overruled in its Decision and Order, respondents offered no defense in this court to the pending enforcement petition either by way of brief or oral argument.
200 F.2d 884, UNITED STATESv.McCRILLIS et al. The Housing and Rent Act of 1947, which took over the field of rent control, contained no provision depriving courts, other than the Emergency Court of Appeals, of jurisdiction to determine the validity of regulations or orders issued under that Act.
200 F.2d 686, THOMASv.UNITED STATES., 13, On February 2, 1952, the same attorney for the landlord, now in the role of attorney for the tenant, filed in the District Court of Southern Norfolk the tenant's writ and declaration in an action of contract to recover the rental overcharges.
Inspection., 10, In his memorandum opinion the district judge found as a fact, in accordance with the defendant's testimony, that the term scrap webbing mixed as used in the salvage material trade signifies cotton textile webbing without metal or metal parts attached thereto; 39, 33 L. Ed. 279;
, Hyman Jacobson, Portland, Me. Moreover, there was evidence that the reloaded ammunition sold to the decedent was obviously of poor workmanship, and furthermore, that the case of the particular cartridge involved was abnormally thin due to its having been stretched in resizing.
Zermani hollered., 1943, 135 F.2d 153; 252, 254, 77 L. Ed. 439, where the court said:, 37, The rule that this Court will not review the action of a federal trial court in granting or denying a motion for a new trial for error of fact has been settled by a long and unbroken line of decisions;
If departure from orthodoxy in marking ballots is to be countenanced by the Board at all, as it clearly is from the decisions cited above, then, in the absence of any question of voter identification, the problem is, as the Board has repeatedly held, to discover if possible the voter's intent.
, MAGRUDER, Chief Judge. However, that case, and cases like it, go no further than to hold that the mere fact that a full-time supervisor does not often exercise his authority (e. g., by hiring or firing employees) does not of itself negative his supervisory status., 1952, 196 F.2d 78.
197 F.2d 519, ATLANTIC FISHERMEN'S UNION, etc., et al.v.UNITED STATES., 3, The order of the district court denying the motion to dismiss the indictment was obviously not a 'final decision' within the meaning of 28 U.S.C. 1291 and the attempted appeal therefrom was, we think, obviously frivolous.
200 F.2d 514, 53-1 USTC P 9154, CHANNING et al.v.HASSETT., United States Court of Appeals First Circuit., MAGRUDER, Chief Judge. The trust has used the cash system of accounting, and has filed its fiduciary income tax returns on a calendar year basis, as have also the two plaintiffs.
, 1952, 196 F.2d 680. either because they [the individuals] had no employees working under them as to whom such powers might be exercised or because they were assigned to departments in which no part of their duties then performed contemplated the exercise of supervisory powers.
586, 590, 82 L. Ed. 845:, 13, ' * * * The rule governing dismissal for want of jurisdiction in cases brought in the federal court is that, unless the law gives a different rule, the sum claimed by the plaintiff controls if the claim is apparently made in good faith. No negligence there.
199 F.2d 107, 39 A.L.R., MAGRUDER, Chief Judge. Also, the motion was based upon the ground that it was 'physically impossible to prepare this case adequately for trial' in view of the extremely short period of time which had been allowed before the trial date set by the court. 252, 94 L. Ed. 562.
199 F.2d 698, CAMERLINv.NEW YORK CENT. Our holding is that the case was not a proper one for summary judgment, for we do not agree that on the pleadings and depositions before the court the plaintiff was as a matter of law bound by a general release set up in answer to the action.
, HARTIGAN, Circuit Judge. Gilman asked Kelly whether he signed an IAM card and was informed that he had., 19, Membership application cards in ILGWU were then passed out and were signed by Quaregan, William Cravatts and a number of employees and returned to the ILGWU organizer. 456, 95 L. Ed. 456.
199 F.2d 396, JACOBS v. UNITED STATES., Cecil H. Lichliter, Sp. Litigation Atty., Office of Rent Stabilization, Washington, D. C. (Ed Dupree, General Counsel, A. M. Edwards, Jr., Asst. The fact that there is some business conducted in the home does not remove it from the residential class.
