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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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Roger A. Mailloux v. Daniel R. Kiley, 7815 (1971)

436 F.2d 565, Roger A. MAILLOUX, Plaintiff, Appellee, v.Daniel R. KILEY et al., 1, In this school teacher discharge case, we are requested to intervene by way of a stay pending appeal in a delicate, as well as difficult, area. The court in no way regrets its decision in Keefe v. Geanakos, 1 Cir.

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Merritt Dickstein v. Edmond Dupont, as They Are Partners of Francis I. Dupont & Co., 7808_1 (1971)

443 F.2d 783, Merritt DICKSTEIN, Plaintiff, Appellant, v.Edmond duPONT et al. 7, 2 L. Ed. 2d 61 (1957)., 10, As a second reason for the Kelly policy, the Court has noted that an antitrust defense to contract actions is generally unnecessary to achieve compliance with the antitrust law.

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Thomas J. Lee v. Helmut Meyer, 7801 (1971)

439 F.2d 263, Thomas J. LEE, Plaintiff, Appellant, v.Helmut MEYER, Defendant, Appellee., United States Court of Appeals, First Circuit., Harrison L. Richardson, Portland, Me. The weather was rainy and there was evidence that the beam was slippery because of the presence of clay thereon.

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United States v. Lee Arthur Shephard, 7800_1 (1971)

439 F.2d 1392, UNITED STATES of America, Appellee, v.Lee Arthur SHEPHARD, Defendant, Appellant., United States Court of Appeals, First Circuit., Lawrence P. Cohen, Asst., 2, Defendant's car, while he was driving to work with two friends, broke down on the road. Guevara v. United States, 5 Cir.

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George K. MacPherson v. Boston and Maine Corporation, 7799 (1971)

439 F.2d 1089, George K. MacPHERSON, Plaintiff, Appellee, v.BOSTON AND MAINE CORPORATION, Defendant, Appellant. On the day in question they were backing the train westerly towards the Loring Avenue crossing., Notes:, 1, A rule forbad walking on the track within 10 feet of a stopped train. A. Right.

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In the Matter of Beacon Distributors, Inc., Bankrupt, 7797 (1971)

441 F.2d 547, In the Matter of BEACON DISTRIBUTORS, INC., Bankrupt., 1, In March 1965 James Lipet Enterprises, Inc., gave a blanket mortgage on two parcels of Rhode Island real estate to the Pawtucket Institution for Savings to secure a promissory note for $92, 000.

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United States v. Colonial Motor Inn, Inc., and Maurice Shear, 7794 (1971)

440 F.2d 1227, UNITED STATES of America, Appellee, v.COLONIAL MOTOR INN, INC., andMaurice Shear, Defendant, Appellant., Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges., 2, On cross-examination defendant inquired whether the witness file[d] Mr. Shea's income tax for him

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United States v. Alfred H. Browning, 7793_1 (1971)

439 F.2d 813, UNITED STATES of America, Appellee, v.Alfred H. BROWNING, Defendant, Appellant. According to defendant, Conte told him that he was in the automobile import-export business and that the defendant could earn a commission selling cars for him.

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United States v. Raymond C. Bickford, 7792_1 (1971)

445 F.2d 829, UNITED STATES of America, Appellee, v.Raymond C. BICKFORD, Defendant, Appellant. The declaration was made by the coconspirator, one LePore, to the federal agent in the back room of the theater prior to negotiations., 3, Appellant also challenges the court's instructions.

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United States v. Cassaro, Inc., and Salvatore Cassaro, 7791 (1971)

443 F.2d 153, UNITED STATES of America, Appellee, v.CASSARO, INC., and Salvatore Cassaro, Defendants, Appellants. On February 26, 1970, a federal food and drug inspector discovered insects, insect webbing, larvae, and insect trails in flour in the bakery's flour conveyor system.

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John C. Rastrom v. Allan L. Robbins, Warden, Maine State Prison, 7789_1 (1971)

440 F.2d 1251, John C. RASTROM, Petitioner, Appellee, v.Allan L. ROBBINS, Warden, Maine State Prison, Respondent, Appellant. It seems specially motivated by the court's desire for a therapeutic rule suggested by its prior experience with state courts' late appointment of counsel.

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United States v. Jorge Andres Stornini, 7785_1 (1971)

443 F.2d 833, UNITED STATES of America, Appellee, v.Jorge Andres STORNINI, Defendant, Appellant. 407, 9 L. Ed. 2d 441 (1963). Whatever might have impelled Inspector Kopish to search appellant's overcoat, there was no causal nexus between the body search and the simultaneous search of the overcoat.

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United States v. Marvin T. Karger, 7782_1 (1971)

Defendant changed his plea to guilty after unsuccessfully raising in pre-trial motions the three issues he now raises on appeal. 10, 380 F.2d 557 (1967). Although two loans were negotiated on the same day, the government claimed they were separate transactions involving two different securities.

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Claude L. Crepeau v. Commissioner of Internal Revenue, 7781_1 (1971)

438 F.2d 1228, Claude L. CREPEAU, Petitioner, Appellant, v.COMMISSIONER OF INTERNAL REVENUE, Respondent, Appellee., PER CURIAM. A party is not entitled to relief in this court from the Tax Court's findings of fact unless he can show that they are clearly erroneous on the record that was before it.

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Charlotte R. Hurd v. Dimento & Sullivan, 7779_1 (1971)

440 F.2d 1322, Charlotte R. HURD, Plaintiff, Appellant, v.DiMENTO SULLIVAN et al. A second count alleges that the defendants had also made a separate agreement to represent the plaintiff on appeal in this 1969 case and that defendants breached that contract, too.

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James Darwin Autry v. J. C. Wiley, Rear Admiral, Usn Etc., 7778 (1971)

This appeal followed. 305, 77 L. Ed. 641 (1932) for the broad proposition that 'obtaining custody in violation of a treaty defeats United States jurisdiction.' Rauscher and Cook, however, are both limited exceptions to the more general rule created in Ker v. Illinois, 199 U.S. 436, 7 S. Ct.

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United States v. Robert Antonelli, 7777_1 (1971)

The government relied on this testimony to support Count IV of the indictment where, unlike the other counts, there was no evidence of any threat made by the defendant upon nonpayment of the interest by the borrower. This is not a case like United States v. Tomasetta, 429 F.2d 978 (1st Cir.

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United States v. William S. Alessio, 7774_1 (1971)

, United States Court of Appeals, First Circuit. At one stage of the interrogation the court sustained a government objection, stating that indisputably the money in the fund constituted government property., 2, The relevant portions of the testimony include the following.

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Ernest L. Medina v. Time, Inc., 7773_1 (1971)

439 F.2d 1129, Ernest L. MEDINA, Plaintiff, Appellant, v.TIME, INC., Defendant, appellee., 2, Plaintiff's appellate argument was directed at demonstrating that the 'actual malice' test of New York Times Co. v. Sullivan, 376 U.S. 254, 84 S. Ct. 633, 636, 28 L. Ed. 2d 45.

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Nicholas Picchione v. Commissioner of Internal Revenue, 7771_1 (1971)

It merely supplied definitions to be used in applying section 117(c), which authorized an alternative tax for that part of a taxpayer's income that was net long term capital gain in any taxable year. The same relationship now exists between sections 1221 and 1201 of the 1954 code.

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