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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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First Lutheran Churc v. Boston Regional, 20-1037 (2005)

See Pettibone, 935 F.2d at 122-23. Smith v. Livermore, 298 Mass. 223, 10 N.E.2d 117, 125 (1937) (stating that gifts to charitable corporations in Massachusetts are considered gifts upon trust for charitable purposes). Thus, BRMC's right to the bequest was complete upon Ms. Krauss's death.

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Davidson & Assoc. v. Jung, 19-1818 (2005)

422 F.3d 630, DAVIDSON ASSOCIATES, doing business as Blizzard Entertainment, Inc.; Public Knowledge; The bnetd.org emulator also provides matchmaking services for users of Blizzard games who want to play those games in a multi-player environment without using Battle.net., Inc. v. Computer Assocs.

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Fernandes-Pereira v. Ashcroft, 19-1013 (2005)

311 F.3d at 45. See also Giusto v. INS, 9 F.3d 8, 10 (2d Cir.1993) (reject[ing] [petitioner's] premise that the timing of the INS's initiation of deportation proceedings, rather than the length of time actually served, would determine the availability of the waiver).

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United States v. Castellini, 18-2193 (2005)

United States Court of Appeals, For the First Circuit Nos. 03-2252 UNITED STATES OF AMERICA Appellee v. RICHARD CASTELLINI Defendant, Appellant. ERRATA SHEET The opinion of this Court issued on December 15, 2004 is, amended as follows: On page 2, line 13

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No. 05-1205, 18-2118 (2005)

427 F.3d 76, Ivan E. IRIZARRY, Plaintiff, Appellant, v.UNITED STATES; 668, 98 L. Ed. 2d 830 (1988). The CSRA provides remedies for prohibited personnel actions by federal agencies, 5 U.S.C. 2302(a)(1), which include employment actions that contravene an employee's constitutional rights, see id.

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No. 04-1792, 1 (2005)

See Rockwell, 26 F.3d at 256., 20, In her appellate brief, seemingly in an effort to augment her nexus/joint action argument, Estades asserts that because Appellees were employed by the [state] to provide psychiatric treatment pursuant to the Plan, they are properly characterized as state actors.

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Betty Lou Dossett v. First State Bank, Loomis, Nebraska, Betty Lou Dossett v. Lauritzen Corporation, Doing Business as Financial Services Company, 09-2005 (2005)

399 F.3d 940, Betty Lou DOSSETT, Appellant, v.FIRST STATE BANK, Loomis, Nebraska, Appellee.Betty Lou Dossett, Appellant, v.Lauritzen Corporation, doing business as Financial Services Company, Appellee. 1598, 26 L. Ed. 2d 142 (1970) (quoting United States v. Price, 383 U.S. 787, 794, 86 S. Ct.

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Lomagno v. Salmon Brothers, 05-9003 (2005)

, Heard September 14, 2005. At the foreclosure auction on May 29, 2003, Salomon was the highest bidder and purchased the property. The Debtors filed a motion for injunctive relief with the Essex Superior Court to prevent further conveyance of the property, which the court denied. Krueger, 88 B.R.

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Zayas v. Commonwealth of PR, 05-2376 (2005)

JUAN ZAYAS;, DEPARTMENT OF EDUCATION OF THE COMMONWEALTH OF PUERTO RICO;and Howard, Circuit Judge.emotional needs;to attend a less restrictive school such as the Pedreira School. Roland M. v. Concord Sch.district court in its opinion.did, that Arianna's placement at IMEI is only temporary.

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In re: U.S. v., 05-2358 (2005)

Assistant United States Attorney were on petition for a writ of, mandamus, motion to stay district court order, and request for, leave to file a supplemental brief.district judge's order clearly departs from the existing jury plan.master wheel., United States v. Allen, 160 F.3d 1096, 1102 (6th Cir.

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Powell v. United States, 05-2220 (2005)

430 F.3d 490, Chris POWELL, Petitioner, Appellant, v.UNITED STATES, Respondent, Appellee. The statute under which he was convicted prohibited driving at a reckless rate of speed while being pursued by a police vehicle making use of its siren and blue light. United States v. Clark, Nos.

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Natale v. Pfizer Inc., 05-2203 (2005)

424 F.3d 43, Jerry NATALE, on behalf of himself and all others similarly situated; Pfizer filed a notice of removal in the District Court on March 25, 2005, within 30 days of the filing of the Natale action. P. 3 (stating that a civil action is commenced by filing of a complaint);

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Hernandez v. Gonzales, 05-2128 (2005)

424 F.3d 42, Juan Carlos HERNANDEZ, Petitioner, v.Alberto R. GONZALES, Attorney General, Respondent., 2, The Real ID Act deprives the district courts of habeas jurisdiction to review orders of removal, 8 U.S.C. 1252(a)(5), as added by 106(a)(1)(B) of the Real ID Act, Pub.L. June 6, 2005).

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Puerto Rico Hospital v. Boston Scientific, 05-1962 (2005)

Laws Ann. Rather, PRHS stated, in relevant part: My point and my client's point is that this court should not go into either Puerto Rico law. Because PRHS cannot establish irreparable harm, the district court did not abuse its discretion in denying the injunction, and any error of law is harmless.

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Rivera Rodriguez v. Sears Roebuck de, 05-1951 (2005)

432 F.3d 379, Josefina RIVERA RODR GUEZ;, 1, Josefina Rivera Rodr guez and her husband appeal from entry of summary judgment in favor of her former employer, Sears Roebuck de Puerto Rico, Inc. (Sears), on her age discrimination claims under federal and Puerto Rican law. Laws Ann.

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Douglas v. York County, 05-1940 (2005)

, 3, The plaintiff brought two claims. We decline to address the issue, since we affirm on the same basis as the district court that Douglas cannot show that she continued to be mentally ill within the meaning of the Maine tolling statute during the relevant time period.

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Chalupowski v. Stevens, 05-1926 (2005)

and Lynch, Circuit Judge.Chester J. Chalupowski, Jr. and Malgorzata B. Chalupowski on, brief pro se.December 13, 2005, Per Curiam.Industries Corp., 125 S. Ct.after the state proceedings ended.a different ruling had been filed).

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Dialogo, LLC v. Bauza, 05-1818 (2005)

See Patch, 167 F.3d at 26-27. its irreparable injury claims relate to the Lanham Act and chapter 93A, which we will now address in turn., 14, DMSA's Lanham Act claim is that Di logo, LLC owns the trademark El Di logo and that Santiago's new company is misappropriating the mark for its newspaper.

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Laffey v. Begin, 05-1750 (2005)

the mayor of Cranston, Rhode Island. The Board cross-appeals from the district court's, refusal to dismiss the action on abstention grounds.) (collecting cases).state law questions in the state court system., and such review may well be available.questions to the Rhode Island Supreme Court.

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Weinman v. Cable, 05-1690 (2005)

, 17, Finally, there remains the question not addressed below: whether appellants' discovery requests pose such an undue burden on appellee Cable that, under Rules 26 ) and 45(c)(3)(a)(iv), quashing the subpoena is warranted even though relevant materials or testimony is sought. 9 James Wm.

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