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:
More222 F.2d 959, CLAREMONT WASTE MFG. CO.v.COMMISSIONER OF INTERNAL REVENUE., United States Court of Appeals First Circuit., May 7, 1955., 1, Upon consideration of respondent's memorandum confessing error in the instant review, It is ordered that the order of the Tax Court be, and the same hereby is
J. O'DONNELL SONS, Inc., Defendant, Appellee. These provisions must be construed with reference to one another, and the time and place of opening bids provision implies a time-lag between the opening of the bids and the acceptance of one of them, for price was not the only consideration.
U.S. Atty., Portsmouth, N.H. And under the Federal law, if a Federal officer participates in a state search and he himself is not armed with a Federal warrant, he may not make a search or a seizure. 182, 183, 64 L. Ed. 319, the court said:, 31, 'The proposition could not be presented more nakedly.
227 F.2d 675, NATIONAL LABOR RELATIONS BOARD, Petitioner, v.EFCO MANUFACTURING, Inc., Respondent., HARTIGAN, Circuit Judge., 7, It is established that the strike in which Arnold, Cummiskey, and others were engaged was a strike resulting from the unfair labor practices of the respondent.
, United States Court of Appeals First Circuit., 1, June A. Cyrus filed a complaint against the United States to recover the sum of $10, 000, being the amount of insurance granted by the United States, pursuant to the Servicemen's Indemnity Act of 1951, 65 Stat. 33, 38 U.S.C.A., 1953, 209 F.2d 427.
On appeal the Supreme Court of Puerto Rico affirmed, resting its affirmance expressly on the ground that it agreed with the Superior Court that the record contained evidence aside from the above mentioned document sufficient to sustain an award of damages in the amount of $41, 345.56.
, 81 F.2d 431;, 12, The appellant complains of fraud extrinsic to the record in the divorce proceedings contending that McDowell prevented his wife from presenting her case by confining her in a Missouri institution in order to lay the basis for jurisdiction of the court on constructive service;
226 F.2d 312, DAYCO, Inc., Petitioner, Appellant, v.Paul J. GOLDSTEIN, Trustee, Appellee., Appeal from the United States District Court for the District of Massachusetts;, James P. McGuire, Fall River, Mass., for appellant., Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.
, intervenors opposing motion., 1, The application now before us concerns eight related cases, involving antitrust issues, pending in the United States District Court for the District of Rhode Island, which cases have been consolidated for jury trial by interlocutory order of the district court.
223 F.2d 924, Howard HILDEBRANDT, Defendants, Appellants, v.UNITED STATES of America, Appellee., United States Court of Appeals First Circuit., Jacob S. Temkin, U.S. Atty., for appellee., Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges., PER CURIAM.
, 11, Putting to one side, for the moment, a consideration of the legal effect of the testimony relating to the plaintiff's failure to use the wooden block which was available, we believe that there was sufficient evidence to take this case to the jury on counts one and two., 1952, 194 F.2d 834.
, MAGRUDER, Chief Judge. Since there is no reason to doubt that the jury followed the judge's instructions, their verdict for the plaintiff must have been based upon a finding that the defendant had failed to establish his claim of having been lured into New York by fraud of the plaintiff.
The Tax Court went on to add that in those cases where traveling expense deductions had been allowed * * * it will thus be seen that the claimed expenses bore a closer relationship to carrying out the employee's duties than expenses incurred in going to and from home and place of employment.
Upon motion for reduction of bail, filed October 29, 1954, the District Court, after hearing, lowered the amount of bail to $15, 000 in the cases of appellants Juan Santos Rivera and Ramon Mirabal Carrion, and to $12, 000 in the case of appellant Jorge W. Maysonet Hernandez.
226 F.2d 583, SPRINGFIELD BROADCASTING CO., Defendant, Appellant, v.W. L. FOSS, Inc., Plaintiff, Appellee., United States Court of Appeals First Circuit., Gerson Askinas, Springfield, for appellant., Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges., PER CURIAM.
226 F.2d 218, NATIONAL LABOR RELATIONS BOARD, Petitioner, v.MAURICE EMBROIDERY WORKS, Inc., Respondent., 1, The National Labor Relations Board petitions for a decree enforcing a Board order against Maurice Embroidery Works, Inc. No appearance has been filed in this court on behalf of respondent.
But upon termination by agreement of the testamentary trust no part of its assets were distributable to the decedent, whereas upon such termination of the inter vivos trust its assets were distributable to the then beneficiaries in the same proportions as their then interest in the income.
, 3, At the hearing before the District Court prior to the imposition of sentences the United States Attorney did not claim that the defendant had ever been previously convicted of a narcotics offense, and did not ask that defendant be sentenced as a second offender under 2557(b).
226 F.2d 353, HEGGIE CORPORATION, Defendant, Appellant, v.UNITED STATES of America, Plaintiff, Appellee., Oscar S. Burrows, Asst. Hence we think the district court committed no error in directing the jury to find that the defendant had made overcharges in the amount of $7534.36.
It was the Government's contention that from this evidence the jury could properly find that the money received from Swartz was not a gift but a payment for valuable services rendered, and so conclude that the appellant ought to have reported the $4, 750 as income in the year received.
