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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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Stanley W. Rosenfield and the First National Bank & Trust Company of Oklahoma City, Trustees v. Kay Jewelry Stores, Inc., 9158_1 (1967)

384 F.2d 98, Stanley W. ROSENFIELD and the First National Bank TrustCompany of Oklahoma City, Trustees, Appellants, v.KAY JEWELRY STORES, INC., Appellee. The subject lease was for a fifteen-year period terminating December 31, 1977 and contained the following provision:, 2, 'V. 6, 7 P.2d 905.

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The First National Bank and Trust Company of Oklahoma City, Oklahoma, of the Estate of Stratton B. Kernodle, Deceased v. Edwina McKeel, 9141_1 (1967)

387 F.2d 741, The FIRST NATIONAL BANK AND TRUST COMPANY OF OKLAHOMA CITY, OKLAHOMA, Executor of the Estate of Stratton B. Kernodle, Deceased, Appellant, v.Edwina McKEEL, Appellee. The trial court decreed the stock to be the property of appellee and this appeal followed., 370 P.2d 834;

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First Security Bank of Idaho v. Fred Crouse, D/B/A C & L Diesel Service, 8724 (1967)

374 F.2d 17, FIRST SECURITY BANK OF IDAHO, Appellant, v.Fred CROUSE, d/b/a C L Diesel Service, Appellee. Appellee counterclaimed for his bill for repair work and storage, contending that Colorado law gives him a garageman's lien which is superior to appellant's chattel mortgage.

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8662_1 (1967)

1116, 86 L. Ed. 1638, with United States v. Frankfort Distilleries, 324 U.S. 293, 4 65 S. Ct., 180 F.2d 557, the court, citing and quoting from Walling, held the indictment legally sufficient to bring wholesale transactions in certain goods within the first two Walling categories;

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Charles Sivelle v. Fred N. Maloof, Fred N. Maloof v. Charles Sivelle, 6991_1 (1967)

373 F.2d 520, Charles SIVELLE, Plaintiff, Appellant, v.Fred N. MALOOF, Defendant, Appellee.Fred N. MALOOF, Defendant, Appellant, v.Charles SIVELLE, Plaintiff, Appellee. Both parties appealed. As to general damages, libel is a classic situation where an award will rarely be disturbed for inadequacy.

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Massachusetts Gas & Electric Light Supply Corporation v. V-M Corporation, 6989 (1967)

, ALDRICH, Chief Judge. Under paragraph 14 of the agreement, at the option of the defendant exercised at any time within 30 days after termination, plaintiff was obliged to return, at essentially the price paid, plus freight, all goods purchased from the defendant and then unsold.

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Jarka Corporation of New England, Defendant-Cross-Libelant v. United States Lines Company, Plaintiff-Cross-Respondent, 6981_1 (1967)

387 F.2d 436, JARKA CORPORATION OF NEW ENGLAND, Defendant-Cross-Libelant, Appellant, v.UNITED STATES LINES COMPANY, Plaintiff-Cross-Respondent, Appellee., United States Court of Appeals First Circuit. The shipowner is the plaintiff in this case, suing on a contractual right to indemnification.

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Charles Lizotte v. Canadian Johns-Manville Company, Ltd., 6975_1 (1967)

387 F.2d 607, Charles LIZOTTE, Plaintiff, Appellant, v.CANADIAN JOHNS-MANVILLE COMPANY, Ltd., Defendant, Appellee., United States Court of Appeals First Circuit., 3, On this showing the district court found that the defendant does not solicit any business in Massachusetts.

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Elizabeth Mustapha v. Liberty Mutual Insurance Company, 6969_1 (1967)

387 F.2d 631, Elizabeth MUSTAPHA, Plaintiff, Appellant, v.LIBERTY MUTUAL INSURANCE COMPANY, Defendant, Appellee. 530, 163 A.2d 564 (1960).5 We therefore do not construe the Rhode Island case as a decisive interpretation of Rhode Island law, such that a federal court would be obligated to follow it.

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International Longshoremen's Association Afl-Cio, Local 1066 v. Boston Shipping Association, Inc., 6968_1 (1967)

, 2, For some years the main wage provisions of longshoremen's collective bargaining agreements for the East Coast have been negotiated en masse in New York, while additional provisions to meet special local conditions were negotiated and made a part of local agreements at the local level.

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Goon Wing Wah v. Immigration and Naturalization Service, 6962 (1967)

386 F.2d 292, GOON WING WAH, Petitioner, v.IMMIGRATION AND NATURALIZATION SERVICE, Respondent., 1, In this proceeding petitioner, a deportable alien, seeks review of an Immigration Appeals Board order denying him suspension of deportation. 259, 9 L. Ed. 2d 175 (1962).

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Harold J. Warren, Inc., D/B/A Professional Realty Co. v. Federal Mutual Insurance Company, 6958 (1967)

It claims there was no such evidence here. In fact the company that submitted the $8, 750 bid indicated that only one of the air-conditioning units appeared to be damaged and that it had bid on replacing all the air-conditioning on the third floor, not merely the fire damage. Fire Ins.

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Robert Alan Talmanson v. United States, 6957 (1967)

386 F.2d 811, Robert Alan TALMANSON, Defendant, Appellant, v.UNITED STATES of America, Appellee., John Wall, Asst. 288, 3 L. Ed. 2d 239 (1958). Whatever may be the law allowing citizens to bring actions to protect the public interest, Frothingham v. Mellon, 262 U.S. 447, 43 S. Ct.

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United States v. Knapp Brothers Shoe Manufacturing Corporation, 6955_1 (1967)

, 1, In 1948 three individuals interested in New York University, a recognized charitable organization within the federal income tax statute, now Int.Rev., 3, In Crosby Valve the taxpayer, a business corporation like the present taxpayer, was wholly owned by a charitable foundation., 384 F.2d 176.

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Richard E. Bender v. United States, 6952_1 (1967)

387 F.2d 628, Richard E. BENDER, Petitioner, Appellant, v.UNITED STATES of America, Respondent, Appellee., United States Court of Appeals First Circuit., 5, The district court ruled that the motion, files, and records in this case conclusively showed that petitioner was entitled to no relief;

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George H. Magrath v. Draper Corporation, 6950 (1967)

384 F.2d 672, 155 U.S.P.Q., ALDRICH, Chief Judge. Plaintiff appeals. It is true, as the district court pointed out, that the patent expressly referred to the two contacting elements as members separate from (but attached to) the bobbin and spindle. 831, 39 L. Ed. 991, 159 U.S. 477, 486, 16 S. Ct.

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Nymphe Steamship Company, Libellant v. Atlantic and Gulf Grain Stevedoring Associates, 6948 (1967)

, McENTEE, Circuit Judge.', Mr. Glynn: 'Surely.', Mr. Zobel: '* * * Mr. Staffieri's accident, namely the condition of the short ladder at the time of the accident, the short ladder being unlashed.', Mr. Glynn: 'It is true that the ladder was essentially as is indicated in the photographs.

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Shepard A. Brightman v. United States, 6941_1 (1967)

386 F.2d 695, Shepard A. BRIGHTMAN, Defendant, Appellant, v.UNITED STATES of America, Appellee. 342, 100 L. Ed. 830 (1956), where the court stated:, 4, 'One requested instruction contains the statement that the corroborating evidence must be 'inconsistent with the innocence of the defendant'.

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Commonwealth of Massachusetts v. Charles W. Bartlett, Trustee, 6940_1 (1967)

, 1946, 328 U.S. 134, 66 S. Ct., 4, Section 77(e) [sic] of the Bankruptcy Act provides that during the pendency of the reorganization proceedings and for the purposes thereof, this court shall have exclusive jurisdiction of the debtor and its property wherever located. 692, 87 L. Ed. 892;

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Banco Espanol De Credito v. State Street Bank and Trust Company, (Two Cases), 6939 (1967)

385 F.2d 230, BANCO ESPANOL de CREDITO, Plaintiff, Appellant, v.STATE STREET BANK AND TRUST COMPANY, Defendant, Appellee (two cases). On the same day another cable was sent to Supervigilancia saying that Lawrence was airmailing our approved samples per order and instructions.

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