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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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9795-9796 (1965)

352 F.2d 267, FIRST NATIONAL BANK OF SMITHFIELD, NORTH CAROLINA, Appellee, v.James J. SAXON, Comptroller of the Currency of the UnitedStates, Appellant.FIRST NATIONAL BANK OF SMITHFIELD, NORTH CAROLINA, Appellee, v.FIRST NATIONAL BANK OF EASTERN NORTH CAROLINA, Appellant. 30, 96 L. Ed. 617.

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7981_1 (1965)

, Ted S. Perry, of Perry Perry, Logan, Utah, for appellee First Nat. In other words, even though a state bank in an identical situation with that presented here could not establish a branch bank, nevertheless a national bank could because state law generally sanctions branch banking.

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The First National Bank and Trust Company of Oklahoma City, Oklahoma v. United States Fidelity and Guaranty Company, a Corporation, and John Fawcett, 7950 (1965)

347 F.2d 945, The FIRST NATIONAL BANK AND TRUST COMPANY OF OKLAHOMA CITY, OKLAHOMA, Appellant, v.UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, and John Fawcett, Appellees., on the brief), for appellee United States Fidelity Guaranty Co., John A. Johnson, Oklahoma City, Okl.

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7885 (1965)

346 F.2d 49, The FIRST NATIONAL BANK AND TRUST COMPANY OF OKLAHOMA CITY, OKLAHOMA, and T. Jack Foster, Trustees, and theBeneficiaries of the John RobertsonFoster Trust, Appellants, v.John Robertson FOSTER, Appellee., United States Court of Appeals Tenth Circuit., Gas Rinehart, Oklahoma City, Okl.

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7815 (1965)

, 1, The plaintiffs, Anderson and Latham, attorneys at Wichita Falls, Texas, brought this action to recover an amount alleged due them from the defendants, Billue and Security Underground Storage, Inc., a Kansas corporation, on a contract entered into between the parties.

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John E. Palmer v. Commissioner of Internal Revenue, 6622_1 (1965)

354 F.2d 974, John E. PALMER et al. Commissioner of Internal Revenue v. Court Holding Co., 1945, 324 U.S. 331, 334, 65 S. Ct. In the present case, the Tax Court could reasonably find that taxpayer made the $35, 000 sale before transfer, and could, thus, properly attribute the gain to him.

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Edward A. Pugliese v. United States of America, Onofrio Mandracchia v. United States, 6601_1 (1965)

353 F.2d 514, Edward A. PUGLIESE, Defendant, Appellant, v.UNITED STATES of America, Appellee.Onofrio MANDRACCHIA, Defendant, Appellant, v.UNITED STATES of America, Appellee. 924, 38 L. Ed. 725. From this it reasoned that appeal, as such, should not affect its power to increase sentence.

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John T. Dirring v. United States, 6597_1 (1965)

353 F.2d 519, John T. DIRRING, Defendant, Appellant, v.UNITED STATES of America, Appellee., United States Court of Appeals First Circuit. U.S. Attys., ALDRICH, Chief Judge. In the district court he moved, pro se, for a new trial, for assignment of counsel, and for compulsory process to witnesses.

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Trailways of New England, Inc. v. Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, Afl-Cio, Division 1318, 6591 (1965)

353 F.2d 180, TRAILWAYS OF NEW ENGLAND, INC., Appellant, v.AMALGAMATED ASSOCIATION OF STREET, ELECTRIC RAILWAY ANDMOTOR COACH EMPLOYEES OF AMERICA, AFL-CIO, DIVISION 1318, Appellee. The employer thereupon discharged all striking employees and purported to rescind the agreement.

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Thomas O'COnnOr v. Venore Transportation Company, 6588_1 (1965)

353 F.2d 324, Thomas O'CONNOR, Plaintiff, Appellant, v.VENORE TRANSPORTATION COMPANY, Defendant, Appellee., 9, We cannot say that the cross examination permitted by the trial court with reference to plaintiff's income and income tax return constitutes an abuse of discretion.

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Edmond Waker v. United States, 6584 (1965)

352 F.2d 623, Edmond WAKER, Defendant, Appellant, v.UNITED STATES of America, Appellee., 6, Martinus further testified that later in the presence of his superior he met agent Cass and was asked questions and gave answers concerning the activities at the Savoy Lounge which have been above set out.

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National Labor Relations Board v. Purity Food Stores, Inc. (Sav-More Food Stores), 6582_1 (1965)

, 2, The facts as to representation are these. Full-time employees in the first three departments are hired at the central office by the pertinent central office executive, who determines which store they will be placed in. Grocery, cashiers, and office help are hired mostly by local management.

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Hubert Ashe v. Robert S. McNamara Secretary of Defense, 6580 (1965)

355 F.2d 277, Hubert ASHE, Plaintiff, Appellant, v.Robert S. McNAMARA, Secretary of Defense, Appellee. Thereafter, the United States Court of Military Appeals dismissed a petition to review this administrative action and the sentence it confirmed. 457, 86 L. Ed. 680; 346 U.S. 844, 74 S. Ct.

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Blanchard Importing & Distributing Co., Inc. v. Charles Gilman & Son, Inc., 6573_1 (1965)

353 F.2d 400, 147 U.S.P.Q., United States Court of Appeals First Circuit., 3, The district court enjoined the defendants from further use of the name or trademark 'BLANCHARD' on wines in Massachusetts but ordered cancellation of the three trademark registrations in question.

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Camden Industries Company, Inc. v. Carpenters Local Union No. 1688, United Brotherhood of Carpenters and Joiners of America, 6565_1 (1965)

353 F.2d 178, CAMDEN INDUSTRIES COMPANY, Inc., Plaintiff, Appellant, v.CARPENTERS LOCAL UNION NO. 1688, UNITED BROTHERHOOD OFCARPENTERS AND JOINERS OF AMERICA, et al., ALDRICH, Chief Judge. 1318, 8 L. Ed. 2d 462., 6, The question accordingly is, at what point should a court intervene.

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Samuel P. Jackson v. United States, 6564_1 (1965)

354 F.2d 980, Samuel P. JACKSON, Defendant, Appellant, v.UNITED STATES of America, Appellee. 1190, 2 L. Ed. 2d 1332, of arresting officers to give proper notification of the purpose of the entry, and [make] a demand upon the inmates to open the house * * * Barnard v. Bartlett, 1852, 10 Cush.

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National Labor Relations Board v. Signal Manufacturing Company, 6563_1 (1965)

351 F.2d 471, NATIONAL LABOR RELATIONS BOARD, Petitioner, v.SIGNAL MANUFACTURING COMPANY, Respondent., Warren M. Davison, Washington, D.C., Attorney, with whom Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, and Marcel Mallet-Prevost, Asst., PER CURIAM.

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Sylvania Electric Products, Inc. v. Paul L. Flanagan, D/B/A Paul L. Flanagan and Sons, 6562_1 (1965)

352 F.2d 1005, SYLVANIA ELECTRIC PRODUCTS, INC., Defendant, Appellant, v.Paul L. FLANAGAN, d/b/a Paul L. Flanagan and Sons, Plaintiff, Appellee., United States Court of Appeals First Circuit., McENTEE, Circuit Judge. The best evidence of his performance is the truck hour records (tally sheets).

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John Joseph Kerrigan v. Palmer C. Scafati, Superintendent, Massachusetts Correctional Institution, Walpole, 6561_1 (1965)

Apparently this was the court's position, for it rejected the applicability of Escobedo on the ground that during all of the questioning the police process * * * had not * * * shifted from `investigatory to accusatory' * * *.

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James F. O'Callahan v. The Attorney General of the United States, 6559_1 (1965)

351 F.2d 43, James F. O'CALLAHAN, Petitioner, Appellant, v.The ATTORNEY GENERAL OF the UNITED STATES, Respondent, Appellee. The Supreme Court has not considered this question. Petitioner accepted the parole custody in the hope2 that it would discharge the balance of his prison sentence.

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