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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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Town of Palm Beach v. Watts, AG-291 (1982)

, No. AG-291., *1313 Richard H. Gaunt, Jr., West Palm Beach, for appellants., Employer/carrier appeal a workers' compensation order which patently does not dispose of all matured issues in controversy between the parties. Hunt v. International Minerals, 410 So., Motion for rehearing is denied.

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Williams v. First Federal Savings, 82-8240 (1982)

690 F.2d 906, *Williamsv.First Federal Savings, 82-8240, UNITED STATES COURT OF APPEALS Eleventh Circuit, 10/7/82, 1, M.D.Ga., AFFIRMED, 2, * Fed.R.App. P. 34(a); 11th Cir. R. 23.

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Gerald J. Lindenberg v. First Federal Savings and Loan, 82-8213 (1982)

, United States Court of Appeals, Eleventh Circuit., 14, Because the assumptions by plaintiffs were new loans and because federal law permits the escalation of interest rates upon the assumption of a residential purchase loan when there is an appropriate provision in the contract, we, 15, AFFIRM.

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Atlantic Liberty Sav. & Loan Ass'n v. First Nationwide Sav, 82-6263 (1982)

714 F.2d 111, Atlantic Liberty Sav. Loan Ass'nv.First Nationwide Sav., 82-6263, UNITED STATES COURT OF APPEALS Second Circuit, 12/13/82, 1, E.D.N.Y., AFFIRMED

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82-5608 (1982)

691 F.2d 991, FAIRMONT-TILLETT, LIMITED, # 1, a Florida LimitedPartnership, for the Use and Benefit of AMERICANTITLE INSURANCE COMPANY, INC., Plaintiff-Appellee, v.FIRST MEMPHIS REALTY TRUST, a Massachusetts Business Trust, Defendant-Appellant., United States Court of Appeals, Eleventh Circuit.

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82-5102 (1982)

, 8, On May 10, 1978 Credit Alliance financed Jebco's purchase of a Caterpillar excavator and filed a financing statement for that transaction on May 15. Most courts outside Pennsylvania which have considered the matter have concluded that the first financing statement does so.

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82-3222 (1982)

693 F.2d 447, Bankr. 1696, 52 L. Ed. 2d 388 (1977), the trustee challenges both American Benefit's standing to seek Judge Posner's recognition of a state court receivership for purposes of preserving the debtor's residual assets and the power of the bankruptcy court to do so. Berl v. Crutcher.

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Williams v. First Federal Sav. And Loan Ass'n of Puerto Rico, 82-3173 (1982)

707 F.2d 1398, Williamsv.First Federal Sav. and Loan Ass'n of Puerto Rico, 82-3173, UNITED STATES COURT OF APPEALS Third Circuit, 12/16/82, D.V.I., O'Brien, J., AFFIRMED

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J. C. Trahan, Cross-Appellant v. The First National Bank of Ruston, Cross-Appellee, 82-3148 (1982)

Trahan claims that the court should have awarded him the highest value reached by the stock between the date of conversion and the date of judgment.1 Because we find no error, we affirm the district court's judgment., 16, The trial court levied a damage award which was proper under Louisiana law.

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Livera v. First Nat. State Bank of New Jersey, 82-3020 (1982)

697 F.2d 292, Liverav.First Nat. State Bank of New Jersey, 82-3020, UNITED STATES COURT OF APPEALS Second Circuit, 5/4/82, 1, E.D.N.Y., MANDAMUS DENIED

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Fed. Sec. L. Rep. P 98,870 San Francisco Real Estate Investors v. Real Estate Investment Trust of America, 82-1831 (1982)

692 F.2d 814, Fed., United States Court of Appeals, First Circuit. In addition, the harm both to SFREI and to those REITA shareholders who would have participated in a lawful tender offer may well be irrevocable by the time the district court considers the validity of the by-law on November 16.

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82-1802 (1982)

691 F.2d 386, 82-2 USTC P 9639, UNITED STATES of America and James L. Morris, Revenue Agentof the Internal Revenue Service, Appellees, v.The FIRST NATIONAL BANK OF MITCHELL and Quentin C. Morse, asits Cashier, Eldon D. Anthony and Kathleen A.Anthony, Appellants. 534, 27 L. Ed. 2d 580 (1970).

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Anne M. Makuc v. American Honda Motor Co., Inc., 82-1725 (1982)

692 F.2d 172, Anne M. MAKUC, et al., United States Court of Appeals, First Circuit. Indeed, allowing appellate review of the denial of a 54(b) motion would go a long way towards enshrining piecemeal review, the very opposite of the policy the rule is intended to support.

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C & C Bookshops, Inc. v. Town of Stoughton, 82-1714 (1982)

698 F.2d 1213, C C Bookshops, Inc.v.Town of Stoughton, 82-1714, UNITED STATES COURT OF APPEALS First Circuit, 11/30/82, 1, D.Mass., AFFIRMED

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Williams v. United States, 82-1568 (1982)

698 F.2d 1214, Williamsv.U. S., 82-1568, UNITED STATES COURT OF APPEALS First Circuit, 12/27/82, 1, D.Mass., AFFIRMED

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Hussain v. Fair, 82-1547 (1982)

692 F.2d 745, Hussainv.Fair, 82-1547, UNITED STATES COURT OF APPEALS First Circuit, 7/28/82, 1, D.Mass., AFFIRMED

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Buck v. Chairman, Zoning Board, Town of Andover, 82-1544 (1982)

698 F.2d 1213, Buckv.Chairman, Zoning Board, Town of Andover, 82-1544, UNITED STATES COURT OF APPEALS First Circuit, 11/24/82, 1, D.Mass., AFFIRMED

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In Re the Justices of the Supreme Court of Puerto Rico, in Re Colegio De Abogados De Puerto Rico, and Fundacion Colegio De Abogados, 82-1538 (1982)

695 F.2d 17, In re The JUSTICES OF the SUPREME COURT OF PUERTO RICO, Petitioners.In re COLEGIO DE ABOGADOS DE PUERTO RICO, and FundacionColegio De Abogados, Petitioners. United States v. Sorren, supra. 1221, 1236, 67 L. Ed. 2d 464 (1981) (quoting Perez v. Ledesma, 401 U.S. 82, 128 n. 17, 91 S. Ct.

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John L. Whitlock, Trustee v. John W. Hause, D/B/A Hause Floor Co., 82-1514 (1982)

After surveying the relevant cases including Dairy Queen, the court in Senchal v. Carroll, 394 F.2d 797, 798-99 (10th Cir.1968), concluded that an action seeking to revest property in the bankrupt's estate is basically an equitable one calling for relief which only equity can afford. Mass. Const.

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United Nuclear Corporation v. Joseph E. Cannon, M.D., Etc., Conservation Law Foundation of New England, Inc., 82-1504 (1982)

696 F.2d 141, 19 ERC 1429, UNITED NUCLEAR CORPORATION, Plaintiff, Appellee, v.Joseph E. CANNON, M.D. In this case, although CLF may have a more specialized interest, the state and CLF have the same ultimate goal of upholding and defending the constitutional validity of the Rhode Island statute.

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