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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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Bashlor v. Wainwright, HH-409 (1978)

814, 9 L. Ed. 2d 811 (1963). Bashlor's petition for rehearing rightly suggested that no remedy is available in the trial court because the remedy sought is a counsel-assisted appeal from the judgment of conviction. A final decision, even though erroneous, will not be disturbed.

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Donald Katz, Trustee in Bankruptcy of Oakland Foundry Company of Belleville, Illinois, Inc. v. The First National Bank of Glen Head, 982 (1978)

568 F.2d 964, Donald KATZ, Trustee in Bankruptcy of Oakland FoundryCompany of Belleville, Illinois, Inc., Plaintiff-Appellant, v.The FIRST NATIONAL BANK OF GLEN HEAD, Defendant-Appellee. In this case, checks to cover these deposits were not drawn and paid . transfer would effect a preference.

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896 (1978)

Relying on 197 of the Bankruptcy Act, 11 U.S.C. 597, and Bankruptcy Rule 10-302(a), Judge Burke ordered that claims by those creditors whose claims are grounded on fraud or securities law violations committed upon them as stockholders be subordinated. 1, 84 L. Ed. 110 (1939);, 96 F.2d 693 .

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In the Matter of Petition for Exoneration and Limitation of Liability of the Boat Camden, Inc., 78-8001 (1978)

569 F.2d 1072, In the Matter of Petition for Exoneration and Limitation ofLiability of the BOAT CAMDEN, INC., Plaintiff. Even here a bond is optional, subsection (b) permitting the owner the alternative of transferring his said interest to a trustee for the benefit of the claimants.

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First National Bank of Rochester v. Raichle, 78-7067 (1978)

578 F.2d 1367, First National Bank of Rochesterv.Raichle, No. 78-7067, United States Court of Appeals, Second Circuit, 6/21/78, 1, W.D.N.Y., AFFIRMED

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Penny v. First Virginia Bank, 78-6028 (1978)

571 F.2d 577, Pennyv.First Virginia Bank, No. 78-6028, United States Court of Appeals, Fourth Circuit, 2/8/78, 1, W.D.Va., IN FORMA PAUPERIS GRANTED, AFFIRMED

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First National Bank of Chicago v. Slaner, 78-5029_1 (1978)

578 F.2d 1367, First National Bank of Chicagov.Slaner, No. 78-5029, United States Court of Appeals, Second Circuit, 6/21/78, S.D.N.Y., 444 F. Supp. 952, AFFIRMED

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78-5021 (1978)

591 F.2d 139, 5 Bankr.Ct.Dec. Bank and Security Pac. On an appeal from an interlocutory order this court held that the proceeding was a controversy since it was a dispute between the debtors and an adverse claimant concerning property within the summary jurisdiction of the bankruptcy court .

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Rhoda v. McIntyre v. The First National Bank of Cincinnati, Kdi Corporation, Kdi Verkamp Corporation, the Herbert-Verkamp-Calvert Chemical Company, 78-3279 (1978)

585 F.2d 190, Rhoda V. McINTYRE et al., United States Court of Appeals, Sixth Circuit. On October 11, 1977 the district court entered an order finding three of the defendants liable to the appellants on the federal claims, but finding the appellee First National Bank of Cincinnati not liable.

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78-1514 (1978)

586 F.2d 1142, UNITED STATES of America ex rel. On this record, we can safely assume that the state trial judge was aware of the previous waiver of jury trial by the appellant and found no need for a meaningless repetition of the waiver at the commencement of the bench trial. 211, 34 L. Ed. 2d 136.

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Domainque v. Fair, 78-1494 (1978)

588 F.2d 818, Domainquev.Fair, No. 78-1494, United States Court of Appeals, First Circuit, 12/15/78, 1, D.Mass., AFFIRMED

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United States v. Kenneth Schiavo and Gennaro Farina, 78-1481 (1978)

587 F.2d 532, UNITED STATES of America, Plaintiff, Appellee, v.Kenneth SCHIAVO and Gennaro Farina, Defendants, Appellants. In setting such conditions the court may exercise its judgment, subject to the provisions of 3146, as to what is reasonably required to assure appearance at trial.

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In Re Ellen Brogna, 78-1458 (1978)

589 F.2d 24, 53 A.L.R.Fed. At the hearing the Assistant United States Attorney, Mr. O'Sullivan, represented that the government had evidence that Howard Winter and some of his associates, whom the witness (Brogna), we allege knows, did receive certain telephone calls at certain times at her phone .

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78-1428 (1978)

587 F.2d 909, 78-2 USTC P 9846, UNITED STATES of America and John L. Osborn, Special Agentof the Internal Revenue Service, Petitioners-Appellees, v.FIRST NATIONAL BANK OF STURGIS, SOUTH DAKOTA, and JerryMalcolm, Assistant Manager, Respondents, Kenneth Beug, Intervenor-Appellant.

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Ludwin v. Cambridge Mutual Fire Insurance Company, 78-1411 (1978)

588 F.2d 817, Ludwinv.Cambridge Mutual Fire Insurance Company, No. 78-1411, United States Court of Appeals, First Circuit, 10/20/78, 1, D.Mass., AFFIRMED

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In Re Administrative Warrant Issued to the Food and Drug Administration on July 27, 1978, Regarding Portex, Inc., Portex, Inc., 78-1406 (1978)

585 F.2d 1152, In re ADMINISTRATIVE WARRANT ISSUED TO the FOOD AND DRUGADMINISTRATION on JULY 27, 1978, REGARDING PORTEX, INC., Portex, Inc., Appellant., 2, This court reviews judgments, not statements.

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78-1404 (1978)

See Ghezzi, Supra, 321 F.2d at 421-27; In Wong Shing the circuit court affirmed the district court's confirmation of the sale to the highest bidder ($610, 000) at the auction despite some evidence of a potential upset bid more than twice that much and of a fair market value three times greater.

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Nunez-Urena v. Immigration and Naturalization Service, 78-1382 (1978)

588 F.2d 818, Nunez-Urenav.Immigration and Naturalization Service, No. 78-1382, United States Court of Appeals, First Circuit, 12/11/78, INS, AFFIRMED

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78-1358 (1978)

, 3, On appeal, taxpayer is represented by counsel, who, at oral argument, asserted two grounds for reversal: (1) the District Court erred in holding that the production of the business records of the two banks and the credit union would not violate the taxpayer's constitutional rights;

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Emilien Levesque v. State of Maine, 78-1351 (1978)

587 F.2d 78, Emilien LEVESQUE, Plaintiff-Appellant, v.STATE OF MAINE et al. The other elements necessary to sustain a showing for injunctive relief were also found lacking by the district court, Viz., a showing of irreparable harm, no harm to defendants, and promotion of the public interest.

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