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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 and Trust Company of Oklahoma City, Oklahoma, Trustees v. Kay Jewelry Stores, Inc., 9973 (1968)

400 F.2d 89, Stanley W. ROSENFIELD and the First National Bank and TrustCompany of Oklahoma City, Oklahoma, Trustees, Appellants, v.KAY JEWELRY STORES, INC., Appellee., United States Court of Appeals Tenth Circuit. (Fred A. Gipson, Oklahoma City, Okl., Theodore M. Elam, Oklahoma City, Okl.

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9860 (1968)

404 F.2d 52, Lena F. PACE, an Individual, Appellant, v.The FIRST NATIONAL BANK OF OSAWATOMIE, KANSAS, aCorporation, and Betty Jane Hartley, asAdministratrix of the Estate of VestaCrayton, Deceased, Appellees. Later Lena tried to withdraw all of each account and was refused the right to do so.

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9517-9519_1 (1968)

396 F.2d 584, Frances H. GIBLIN, Appellant and Cross-Appellee, v.Robert BEELER, Appellee.Wilma BEELER and Juliette Beeler, Appellees and Cross-Appellants, v.Floyd LAMPERT and First National Bank of Beloit, Kansas, a corporation, Cross-Appellees.

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James D. Sullivan v. T. Francis Kelleher, 7183 (1968)

405 F.2d 486, James D. SULLIVAN, Plaintiff, Appellant, v.T., 3, We do not pause to consider the adequacy of the service of process or any other alleged error committed by the defendant as clerk of the Newburyport District Court but pass directly to the matter of judicial immunity.

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Leroy J. Peterson v. Charles W. Gaughan, Superintendent, Massachusetts Correctional Institution at Bridgewater, 7176 (1968)

404 F.2d 1375, Leroy J. PETERSON, Petitioner, Appellant, v.Charles W. GAUGHAN, Superintendent, MassachusettsCorrectional Institution at Bridgewater, Respondent, Appellee. 1209, 18 L. Ed. 2d 326 (1967), and In re Gault, 387 U.S. 1, 87 S. Ct. The court may appoint a guardian ad litem and counsel.

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Richard D. Herndon v. United States, 7175 (1968)

405 F.2d 882, Richard D. HERNDON, Defendant, Appellant, v.UNITED STATES of America, Appellee., United States Court of Appeals First Circuit., PER CURIAM., 1, Appellant, Richard D. Herndon, was convicted by a jury of selling lysergic acid diethylamide (LSD) in violation of 21 U.S.C. 331(q)(2).

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Roberto Power Benthiem v. United States, 7165 (1968)

403 F.2d 1009, Roberto Power BENTHIEM, Petitioner, Appellant, v.UNITED STATES of America, Respondent, Appellee. 240, 3 L. Ed. 2d 232 (1958). 1961 Judicial Conference of the United States, Proceedings 100, 4, As the court observed in United States v. Shoaf, 341 F.2d 832, 835 (4th Cir.

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In the Matter of Nathaniel A. Denman, Decree No. 3535 of the County Commissioners of Barnstable County and Nathaniel A. Denman v. County of Barnstable, 7163_1 (1968)

404 F.2d 64, In the matter of Nathaniel A. Denman, Petitioner Decree No.3535 of the County Commissioners of BarnstableCounty and Nathaniel A. DENMAN et al., Appellees., 1, This is an appeal from a District Court order dismissing a petition for removal and remanding the cause to the state court.

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United States v. William Francis Maloney, 7149_1 (1968)

402 F.2d 448, UNITED STATES of America, Appellee, v.William Francis MALONEY et al. 168, 4 L. Ed. 2d 134, and counsel stating that difficulties of communication with his clients and overwork had delayed the filing of the motion. Defendants were convicted and now appeal.

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William E. Redding, Administrator v. Picard Motor Sales, Inc., 7148_1 (1968)

On April 13, 1962, the plaintiff's intestate, Richard W. Redding, accompanied by one Tucker, visited defendant, Picard Motor Sales, Inc. (Picard), a dealer in MG automobiles., 2, Redding's administrator sued Tucker and Picard in Rhode Island Superior Court. We see no error. 128, (127 A.2d 858);

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William J. Leventhal v. John A. Gavin, as He is Commissioner, Department of Corrections, Commonwealth of Massachusetts, 7141_1 (1968)

396 F.2d 441, William J. LEVENTHAL, Petitioner, Appellant, v.John A. GAVIN, as he is Commissioner, Department of Corrections, Commonwealth of Massachusetts, Respondent, Appellee. Briefly, the facts are these. This motion was denied by the Superior Court, after hearing, and petitioner appealed.

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Charles J. Dumas v. Pamela A. MacLean, 7138 (1968)

404 F.2d 1062, Charles J. DUMAS, Defendant, Appellant, v.Pamela A. MacLEAN, Plaintiff, Appellee. A directional sign standing on the right side of the highway just before they reached Boyd Road gave directions for Portsmouth to the left and Boston, Portland and Dover to the right.

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General Electric Company v. United States Dynamics, Incorporated, 7136 (1968)

403 F.2d 933, 5 U.C.C. for further tests. Dynamics argues that the written contract should not govern since it, having no test facilities of its own, relied on G.E.'s superior testing facilities, and was misled by G.E.'s favorable reports of the operation of the model to make a guaranty of purity.

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Francis R. Burns v. Turner Construction Co., 7134_1 (1968)

, United States Court of Appeals First Circuit., McENTEE, Circuit Judge. In Belmonte v. Capodilupo, 332 Mass. 134, 123 N.E.2d 376 (1954), it was found that plaintiff's intestate who died as a result of a fall on a defective stairway was in the building as a business visitor of the owner.

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Waltham Netoco Theatres, Inc. v. Commissioner of Internal Revenue, 7132 (1968)

One Canter who figured prominently in this case was the treasurer of all these corporations. On April 27, 1959, a written agreement was entered into between each of petitioner's stockholders, including Pilgrim, and the purchaser Clevite for the sale of all the stock of Mass. Enterprises.

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Joseph G. Warren, Sr. v. Confederation Life Association, 7129 (1968)

, 21, Defendant contends that because, in the application, Warren stated that he was in first class health and free from all symptoms of disease, and the abovequoted language established a condition precedent, 4 and as Warren was not in such health on August 5, the policy never took effect.

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Federal Insurance Company v. Harry Summers, 7124 (1968)

403 F.2d 971, 5 U.C.C., 3, On January 27, 1958, the plaintiff issued its indemnity bond. Kenney v. Boston Mut., 6, See n. 1 supra, 7, The only evidence with respect to failure to obtain transfer of the original certificate was the following testimony of Mr. Ruffer, an employee of E. F. Hutton:, 'Q.

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William McIntosh Etc. v. James W. Noonan, Trustee, 7122 (1968)

402 F.2d 431, William McINTOSH et al., etc., Claimants, Appellants, v.James W. NOONAN, Trustee, Appellee. The claim is for unpaid commissions earned by appellants under a written agreement with the debtor, Newal, Inc. The master made the following pertinent findings of fact.

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Theodore Varitimos v. United States, 7109_1 (1968)

404 F.2d 1030, Theodore VARITIMOS, Defendant, Appellant, v.UNITED STATES of America, Appellee. 722, 19 L. Ed. 2d 923 (1968), contends that the order form requirement of section 5814 is violative of the privilege against self-incrimination as guaranteed by the Fifth Amendment.

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Calvin F. Lindberg v. The Short Line, Inc., 7100 (1968)

399 F.2d 482, Calvin F. LINDBERG, Plaintiff, Appellant, v.The SHORT LINE, INC., et al. By arrangement with Short Line several other bus lines also used this terminal, including Greyhound, and defendant, Rhode Island Bus Company (Rhode Island). The jury returned a verdict for defendant Short Line.

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