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:
More171 F.2d 269 (1948), FRIEDMAN, v., DELANEY, Collector. 8, 78 L. Ed. 212., As already stated, Friedman made the deposit to make good on his assurance that funds would be available to satisfy a composition of ten cents on the dollar if Wax's creditors should accept the offer of settlement.
170 F.2d 306 (1948), LINCOURT, v., NATIONAL LABOR RELATIONS BOARD. Under the National Labor Relations Act in its original form, 49 Stat. 449, it was clear that the refusal of the Board to issue a complaint was not reviewable in the circuit courts of appeals. See Jacobsen v. N.L.R.B.
[2] The legislative language is very broad but the statute as applied by the Supreme Judicial Court of Massachusetts has expressly been limited not to cover the case of a foreign corporation which is engaged solely in the solicitation of interstate business within the state., [2] Mass. G.L.
, This is an appeal from an order denying appellant's motion to vacate judgment and sentence in Criminal No. 17205 and on Count 1 of the indictment in Criminal No. 17206, on which appellant had been tried in the court below and found guilty by a verdict of the jury. See Rule 43., 1926, 16 F.2d 872;
The sole question presented on this appeal is whether the court below erred in admitting in evidence as an exhibit a report of the accident made by a local police officer as part of his official duties and filed by him in the records of the Westerly police department. 153, 125 F.2d 200, 201.
Appellant, however, contends that the word inheritance in the Bankruptcy Act is broad enough to cover the accession by the bankrupt-father to the right, given by the Federal Employers' Liability Act, to damages against the railroad for the death *352 of the bankrupt's son. 207, 74 L. Ed. 686;
169 F.2d 331 (1948), NATIONAL LABOR RELATIONS BOARD, v., BROWN SHARPE MFG., WOODBURY, Circuit Judge. Thus, if after a time study, the standard time for any particular operation is fixed at one half hour, the employee receives one-half of his hourly rate for each such unit of work performed.
, Circuit Court of Appeals, First Circuit. The complaint as we read it alleges only that the plaintiffs, being veterans with a rating of good, are about to be demoted from given supervisory positions while non-veterans, presumably with greater seniority, are being retained in those positions.
497, the Massachusetts Supreme Judicial Court stated that it need not determine whether the provision in the policy that use includes loading and unloading added to the coverage since under the facts of the case the maintenance or use clause sufficed to cover the accident. Co. v. Commercial Cas.
5 A.D. 555., The Secretary of Agriculture and the district court both found that the terms of the sale were rolling acceptance final. Under an f. o. b. acceptance final contract there can be no rejection by the buyer. Cf. LeRoy Dyal Co. v. Allen, supra at 158 of 161 F.2d. Uniform Sales Act ยง 69;
, MAHONEY, Circuit Judge. The Department's interpretation is not plainly erroneous; and the judgment of the district court of August 27, 1947, is vacated and the case is remanded to that court for the entry of judgment in accordance with the opinion of May 17, 1948, 168 F.2d 276, as hereby amended.
171 F.2d 653 (1948), PECKHAM, v., RONRICO CORPORATION et al. The judgment remains unsatisfied. Further, *655 defendant Ferd S. Meyer alleged that the purchase of Florida Cane Products Corporation stock and the connection of Sol Meyer therewith has heretofore been fully adjudicated.
, 10 F.2d 690; following section 723c, provides that Defenses and objections based on defects in the institution of the prosecution or in the indictment or information other than that it fails to show jurisdiction in the court or to charge an offense may be raised only by motion before trial.
167 F.2d 380 (1948), EKBERG, v., UNITED STATES., It is true that the judge could lawfully have originally sentenced appellant to a maximum of three years on each of counts 2 and 3, to run consecutively, because, as above pointed out, those two counts stated separate and distinct offenses.
Though we have found no judicial precedent for such a motion by the defendants-appellees to cure the defective jurisdictional allegations of a complaint filed against them in a federal district court, such a motion seems to be clearly within the permissive language of 28 U.S.C.A. 3, 49 L. Ed. 154.
171 F.2d 921 (1948), CHANDLER, v., UNITED STATES. 39, 67 L. Ed. 149., Appellant's basic objection to the sufficiency of the overt acts in the case at bar is that mere words, the expression of opinions and ideas for the purpose of influencing people, cannot constitute an overt act of treason;
165 F.2d 824 (1948), McCOMB, v., SUPER-A FERTILIZER WORKS, Inc., No. 4293., In the Reynolds case and the Meeker case, the employees were held to be covered by the Act because they performed operations necessary to the production of goods for commerce.
The Oklahoma extension does not apply and no other provision preserves the cause of action against Loew's. The trial judge in the present case ruled that the plaintiff also had the benefit of this finding, but the plaintiff has made no claim based on this practice of the defendants.
The Canejas property was and is used as an urban development. The facts upon which the Government's contention rests being undisputed, we think it obvious that its contention with respect to the use of the Prann sale as a measure of the value of the Iriarte land is well taken., 147 F.2d 596.
169 F.2d 483 (1948), ROSS, v., COMMISSIONER OF INTERNAL REVENUE. Meanwhile, E. M. Chase Company, in its corporate income tax returns filed on the accrual basis of accounting, claimed, and was allowed, deductions for the full amount of all salaries paid and credited to Chase and Ross.
