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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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5353-5358 (1956)

, 1, The plaintiffs, as owners and occupants of Lots 5, 6, 7, 8 and 9 of Block 26 in Shawnee, Oklahoma, brought this action against the defendant insurance companies on nine separate insurance policies to recover damages caused by fire to the building located on the premises., 299 P.2d 516;

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James E. Fitzgerald Ex Rel. Lorenzo Miceli v. h.r.landon, District Director, United States Immigration and Naturalization Service, 5163 (1956)

, 5, The district court's order, now on appeal, after reciting that the case had come on 'for hearing upon return of summons to show cause on petition of the relator for writ of habeas corpus, and after argument by the plaintiff, ' ordered that the petition be dismissed and the writ denied.

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Newspaper Guild of Boston v. Boston Herald-Traveler Corporation, 5155_1 (1956)

238 F.2d 471, NEWSPAPER GUILD OF BOSTON, Plaintiff, Appellant, v.BOSTON HERALD-TRAVELER CORPORATION, Defendant, Appellee. There was no 'discharge' within the meaning of the arbitration clause and hence, as a matter of interpretation, there was no arbitrable issue to be submitted to arbitration.

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National Labor Relations Board v. Local 170, International Brotherhood of Teamsters, Etc., 5147 (1956)

237 F.2d 55, NATIONAL LABOR RELATIONS BOARD, Petitioner, v.LOCAL 170, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, etc., etal. Upon motion by respondents, we allowed an extension of time for filing an opposition to the petition; See N.L.R.B., 6, A decree will be entered enforcing the order of the Board.

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Theodore Green v. United States, 5140_1 (1956)

238 F.2d 400, Theodore GREEN, Defendant, Appellant, v.UNITED STATES of America, Appellee., William J. Koen, Asst. U.S. Atty., Boston, Mass., with whom Anthony Julian, U.S. Atty., Boston, Mass., and Charles F. Barrett, Asst., Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit judges.

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Stanley Oliver Steele v. United States, 5137_1 (1956)

240 F.2d 142, Stanley Oliver STEELE, Defendant, Appellant, v.UNITED STATES of America, Appellee., United States Court of Appeals First Circuit., 2, The appellant registered with his local draft board early in 1951 and the board sent him a classification questionnaire, SSS Form 100.

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Leonard M. Salter, Trustee v. Guaranty Trust Company of Waltham, 5135 (1956)

237 F.2d 446, Leonard M. SALTER, Trustee, Plaintiff, Appellant, v.GUARANTY TRUST COMPANY OF WALTHAM, Defendant, Appellee., 3, It erred, however, as counsel for the appellee conceded at oral argument, in not awarding interest on the amount of its judgment from the date when the action was brought.

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Joseph George Boufford v. United States, 5133 (1956)

239 F.2d 841, Joseph George BOUFFORD, Defendant, Appellant, v.UNITED STATES of America, Appellee. that this marriage has never been terminated;, 27, Therefore, we agree with the district court that the answer 'once' was not a correct answer to the question as properly interpreted.

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Claremont Waste Manufacturing Company v. Commissioner of Internal Revenue, 5130 (1956)

It concluded that the taxpayer had not filed its claim for refund on time, and that 322(c) precluded the court from deciding that there had been an overpayment of excess profits tax in 1941 based on the failure to carry back and apply to 1941 income the unused excess profits credit of 1942.

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The Equity Corporation v. Bartholomew A. Brickley, Trustee, Central-Illinois Securities Corporation v. Bartholomew A. Brickley, Trustee, 5128 (1956)

And, of course, the district court's order now under review, approving and enforcing the interim board's plan for converting IHES into an investment company, by necessary implication constituted an approval by the court of the Commission's aforesaid modification of its earlier dissolution order.

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Morris Cohen, D/B/A Piehler Furs v. Arthur T. Wasserman, Trustee, 5124_1 (1956)

238 F.2d 683, Morris COHEN, d/b/a Piehler Furs, Petitioner, Appellant, v.Arthur T. WASSERMAN, Trustee, Appellee., 23, A judgment will be entered vacating the order of the district court and remanding the case to that court for the entry of an order consistent with this opinion.

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Leonard D. Lawrence v. John A. O'connell, as District Director of Internal Revenue, 5123_1 (1956)

But they could not block a merger for together they controlled only 30% of the Bostitch stock and under Rhode Island law a corporation can merge with another by vote of 66 2/3% of its stock. But this is not the kind of proxy the taxpayer wanted, bargained with Maynard for, or obtained.

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Herman Carter v. Schooner Pilgrim Inc., 5119 (1956)

, United States Court of Appeals First Circuit. Coupled with the above evidence was the testimony of plaintiff's expert witness that the seven inch height of the side bunk board in question fell short of the accepted custom and practice of ten to twelve inch side bunk boards on fishing vessels.

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Aurore B. Benoit, Transferee v. Commissioner of Internal Revenue, 5117 (1956)

238 F.2d 485, 56-2 USTC P 10, 058, Aurore B. BENOIT, Transferee, Petitioner, v.COMMISSIONER OF INTERNAL REVENUE, Respondent., 45, The respondent did not present any evidence to show that the payment to petitioner came entirely from Guerin's $75, 000 withdrawal from the corporation.

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United States v. Francis L. Higginson, Trustees, 5116 (1956)

Judgment filed. Had the beneficiaries petitioned the Probate Court to declare the Trust valid and to require the trustees to distribute the income at the time (1948) the claim of invalidity was asserted by letter, the distribution undoubtedly would have been ordered., 1928, 25 F.2d 47.

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Alden Haskell, Jr. v. Socony Mobil Oil Company, Inc., 5114 (1956)

237 F.2d 707, Alden HASKELL, Jr., Plaintiff, Appellant, v.SOCONY MOBIL OIL COMPANY, Inc., Defendant, Appellee. 930, 87 L. Ed. 1107, and cases cited. And during vacation periods we cannot assume that the seaman is answerable to the call of duty, and hence in a sense is in the service of the ship.

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Ronald H. Boone v. Attorney General of Massachusetts, 5112 (1956)

237 F.2d 168, Ronald H. BOONE, Plaintiff, Appellant, v.ATTORNEY GENERAL OF MASSACHUSETTS et al., United States Court of Appeals First Circuit., George Fingold, Atty. Gen., and Joseph H. Elcock, Jr., Asst., Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit judges., PER CURIAM.

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Garden Homes, Inc. v. Norman P. Mason, Commissioner, Federal Housing Administration, 5110 (1956)

308 and 309. On the next day the district court denied plaintiff's motion for remand and also denied his motion entitled 'Petition for Restraining Order and Injunction.' On March 23, 1956, the district court granted defendant's motion for an order vacating the attachment, D.C., 142 F. Supp.

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Granite Trust Company v. United States, 5109_1 (1956)

238 F.2d 670, 57-1 USTC P 9201, GRANITE TRUST COMPANY, Plaintiff, Appellant, v.UNITED STATES of America, Defendant, Appellee. On the same day the taxpayer donated to the Greater Boston United War Fund two shares of the common stock of the Building Corporation. 989, 86 L. Ed. 1307.

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Mutual Shoe Company v. Commissioner of Internal Revenue, 5108_1 (1956)

, Carl J. Batter, Washington, D.C., for petitioner. that is, any corporation subject to the excess profits tax imposed by subchapter E of Chapter 2 was to be allowed a credit in 'an amount equal to its adjusted excess-profits net income (as defined in section 710(b)).' 56 Stat. 806.

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