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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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United States v. Roberto Power Benthiem, 7798 (1972)

The trial court found that Agent Amador Fortier was completely credible and that there was no flaw in his testimony. There is, however, no sufficient evidence that defendant purchased heroin and therefore we vacate the conviction on count one. See Benthiem v. United States, 403 F.2d 1009 (1st Cir.

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United States v. Javan Foster, Javan Foster v. United States, 7579 (1972)

469 F.2d 1, UNITED STATES of America, Appellee, v.Javan FOSTER, Defendant-Appellant.Javan FOSTER, Defendant-Appellant, v.UNITED STATES of America, Appellee. 1269, 25 L. Ed. 2d 535 (1970), since nothing in the record justifies a buyer's agent instruction. denied, 406 U.S. 962 (1972);

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Rafael Capella Rivera v. Tomas Concepcion, Warden, 72-8024 (1972)

469 F.2d 17, Rafael Capella RIVERA et al. The court denied bail, without a hearing, with the conclusory statement that the appeal was frivolous and that it would be dangerous to the community to allow petitioners to be at large. 1968) and Morgan v. State of Tennessee, 298 F. Supp.

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72-2049 (1972)

468 F.2d 180, The FIRST NATIONAL BANK OF BOSTON, a National Bankingcorporation, Petitioner, v.UNITED STATES DISTRICT COURT FOR the CENTRAL DISTRICT OFCALIFORNIA, Respondent; It was argued that the venue provisions of the Insurance Code of Texas overrode section 94 of the National Banking Act.

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Board of Education of the School District of the City of Detroit, a School District of the First Class v. Ronald Bradley, 72-1811 (1972)

, United States Court of Appeals, Sixth Circuit., 2, This record discloses that if this motion be conceived of as an appeal from Judge Roth's injunctive order dated July 7, 1972, no notice of appeal has ever been filed concerning said order, and time for filing such a notice has long expired.

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In the Matter of Georgetown on the Delaware, Inc., Debtor. Appeal of the First Pennsylvania Banking and Trust Company, 72-1392 (1972)

1952, 198 F.2d 703; This requires an examination of the operation of the enterprise before and after the mortgagee took possession, an analysis of possible reorganization plans, and a special inquiry into both the specifics of the debtor's equity and the special qualifications of the trustee.

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Boston Professional Hockey Association, Inc. v. Gerry Cheevers, 72-1328 (1972)

472 F.2d 127, 1973-1 Trade Cases 74, 319, BOSTON PROFESSIONAL HOCKEY ASSOCIATION, INC., Plaintiff-Appellant, v.Gerry CHEEVERS et al., Defendants-Appellees., United States Court of Appeals, First Circuit., 6, No costs at this time and mandate is ordered to issue forthwith.

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Francis T. Glynn v. Robert Donnelly, John M. Farrell v. Robert Donnelly, 72-1309 (1972)

139, 420 F.2d 1342. 1, 24 L. Ed. 2d 25, Justice Douglas, in granting an Application for Bail pending determination of a habeas corpus petition in the district court, noted that the district court, the court of appeals (for the Third Circuit) and Justice Brennan had previously denied bail.

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Welch & Corr Construction Corporation v. Harris E. Wheeler, Jr., 72-1294 (1972)

, United States Court of Appeals, First Circuit., LEVIN H. CAMPBELL, Circuit Judge. (Subcontractor)., 7, The record strongly suggests that, in relying upon the time cards as the evidence of labor costs, the district court simply rejected Mr. Welch's testimony that labor costs totalled $14, 044.73.

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Dominic M. Lombardi v. G. Joseph Tauro, 72-1289 (1972)

, United States Court of Appeals, First Circuit. Since we find nothing arbitrary in the Supreme Judicial Court's requirement that attorneys in Massachusetts have a formal legal education, we must uphold the validity of Rule 3:01(3)(b).4 See Dent v. West Virginia, supra, 129 U.S. at 122, 9 S. Ct.

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Harvey Radio Laboratories, Inc. v. Commissioner of Internal Revenue, 72-1287 (1972)

, United States Court of Appeals, First Circuit., 10, Although the Commissioner is content in this particular case with the Leslie Ray rule, he urges us to adopt, for all cases where a party seeks to contradict its written agreement, the more stringent Danielson rule of the Third Circuit.

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United States v. Norbert K. Lachmann, 72-1286 (1972)

469 F.2d 1043, 72-2 USTC P 9766, UNITED STATES of America, Appellee, v.Norbert K. LACHMANN, Defendant, Appellant. 317 U.S. 497-498, 63 S. Ct. United States v. Platt, 2 Cir. Manifestly the government's income tax structure is predicated, generally, on the filing of returns. 590, 1 L. Ed. 2d 597.

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Baron Drawn Steel Corporation v. First City National Bank of Gadsden, 72-1285 (1972)

458 F.2d 1407, *Baron Drawn Steel Corporationv.First City National Bank of Gadsden, 72-1285, UNITED STATES COURT OF APPEALS Fifth Circuit, June 1, 1972, 1, N.D.Ala., 2, * Summary Calendar cases; Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of

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United States v. George Burton Kubitsky, 72-1279 (1972)

469 F.2d 1253, UNITED STATES of America, Appellee, v.George Burton KUBITSKY, Defendant-Appellant. Defendant's objection was that in so testifying the agent put the government's stamp of approval on the witness, citing such cases as United States v. Cotter, 1 Cir. The prosecutor opened and closed.

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Lyle S. Woodcock v. Robert H. Donnelly, Superintendent, Massachusetts Correctional Institution at Walpole, 72-1278 (1972)

470 F.2d 93, Lyle S. WOODCOCK, Plaintiff-Appellant, v.Robert H. DONNELLY, Superintendent, MassachusettsCorrectional Institution At Walpole, Defendant-Appellee. We therefore construe this to be a petition for mandamus to direct the district court to admit the petitioner to bail. See Johnston, supra.

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Joseph R. Alvernes v. Small Business Administration, 72-1271 (1972)

, 3, Plaintiff asserts that the agreement between defendants and Aquidneck stifled free competitive bidding at the sale, thus depressing the price he might have received. In Fenner, the prospective bidder was a member of the general public who was interested in the property itself;

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J. Watson Wilson v. Alan R. Clarke, 72-1267 (1972)

, 20, There is no evidence that the Nordli firm itself would have been a candidate for Clarke's executive position, or that Clarke's very occasional fill-in activities in making assessments in any way diminished ITT's continued reliance upon independent psychological consultants.

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In Re Massachusetts Helicopter Airlines, Inc., 72-1256 (1972)

, United States Court of Appeals, First Circuit., 8, As a result of these verdicts, the trial court, on September 30, 1971, entered judgments for Marilyn Thomas against Owner in cases 738, 739, 740 and dismissed third-party complaints by Owner against Manufacturer in each of these cases.

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United States v. Granite State Packing Company, 72-1253 (1972)

470 F.2d 303, 4 ERC 1706, 3 Envtl. The court found, stretching the facts, perhaps, in defendant's favor, that since the culvert is part of the municipal sanitary and storm sewer system of the City, defendant discharges into a public sewer. United States v. United States Steel Corp., N.D.Ind.

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Cities Service Oil Company v. Coleman Oil Company, Inc., 72-1250 (1972)

470 F.2d 925, 1973-1 Trade Cases 74, 424, CITIES SERVICE OIL COMPANY, Plaintiff-Appellee, v.COLEMAN OIL COMPANY, INC., Defendant-Appellant. Tebo testified as to the investment value of the equipment, and this testimony provided the jury with a sufficient basis for determining its fair rental value.

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