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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. First-Citizens Bank & Trust Co. (Three Cases). United States v. Livesay. United States v. Wilson, 6654-6658 (1953)

the surface of the highway was dry; In the case of Morgan v. Cook, (236 N.C. 477, 73 S.E.2d 296) as well as in some of the other cases of like import, it appeared affirmatively that the driver continued to drive for some substantial time after being blinded by the lights of an oncoming vehicle.

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First Nat. Bank in Houston, Texas v. Lake, 6469 (1953)

199 F.2d 524, FIRST NAT. He claims that the reorganization court has broad powers and exclusive jurisdiction over all property of the bankrupt wherever situated, including in this case the collateral in the possession of the Bank;

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City of Plattsburg v. Bartholomew A. Brickley, Trustee, 4766_1 (1953)

208 F.2d 800, CITY OF PLATTSBURG, Respondent, Appellant, v.Bartholomew A. BRICKLEY, Trustee et al., Appellees., 3, George Foster, Jr., New York City, with whom Edmund B. Naylon and Naylon, Foster, Shepard Aronson, New York City, on brief, for New York State Electric Gas Corp., appellee.

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Russell Box Co. v. Commissioner of Internal Revenue, 4760_1 (1953)

, Robert B. Ross, Sp. Ass., WOODBURY, Circuit Judge., 2, The first issue involves the corporate taxpayer. 23(a)(1)(A), in the year incurred. It follows that the Russell Box Company cannot claim a deduction for a loss on the sale in that year., 18, The decision of the Tax Court is affirmed.

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A. H. Morse Co. v. Commissioner of Internal Revenue, 4759 (1953)

208 F.2d 751, A. H. MORSE CO.v.COMMISSIONER OF INTERNAL REVENUE. The petitioner contends that since the franchises were non-depreciable while owned by Morse and first became depreciable when owned by Neilson, under the rule of the Tindle case the basis of the property is its fair market value.

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Mora v. Mejias, 4752_1 (1953)

, 7, To fill the price control void left by the removal of federal controls, the local administrator issued Administrative Order No. 228, in question, on March 12, 1953, to be effective March 16, 1953, setting maximum prices for the sale of rice of all grades in Puerto Rico. 343, 66 L. Ed. 627.

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Tenore v. United States, 4748_1 (1953)

We think the evidence clearly warrants an inference by the jury that beyond a reasonable doubt Tenore had knowingly engaged in concerted action, if not with those who had set up the still on the premises, at least with those who were actually operating it at the time the search warrant was served.

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Shaw v. United States, 4745_1 (1953)

207 F.2d 532, SHAWv.UNITED STATES., Paul C. Hanna, Framingham, Mass., for appellant. The vehicle approached the canal over the 'Old Plymouth Road, ' apparently at high speed, plunged through the barricade and turning end over end sailed some eighty feet through the air into the canal.

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Markham v. A. E. Borden Co., Inc., 4729 (1953)

206 F.2d 199, 98 U.S.P.Q. composite works or periodicals, 'The copyright provided by this title shall protect all the copyrightable component parts of the work copyrighted, and all matter therein which copyright is already subsisting, but without extending the duration or scope of such copyright.

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Garden Homes, Inc. v. United States, 4727_1 (1953)

207 F.2d 459, GARDEN HOMES, Inc.v.UNITED STATES et al., 3, We are somewhat at a loss to understand the reasons for the appellant's dissatisfaction with the order from which it has taken this appeal., Mortgages 953. That is the function of the court to which the receiver owes his appointment.

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Jacobson v. New York, N. H. & H. R. Co, 4726_1 (1953)

This the state legislatures would have no power to do if the injured intrastate employee had a paramount right of action for damages created either by the federal Safety Appliance Acts or by federal decisional law treating the breach of the penal statute as one of the operative facts.

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Wall v. King, 4725 (1953)

, 18, Therefore it is unimportant whether, for one purpose or another, a license to operate motor vehicles may properly be described as a mere personal privilege rather than a property right. State of Virginia v. Rives, 1879, 100 U.S. 313, 318, 25 L. Ed. 667;, 22, Liberties are not absolute.

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Commonwealth of Massachusetts, Division of Employment Security v. Irving Widett, Trustee, 4723_1 (1953)

204 F.2d 512, COMMONWEALTH OF MASSACHUSETTS, Division of Employment Security, Petitioner, Appellant, v.Irving WIDETT, Trustee, Respondent, Appellee. Francis J. W. Ford, Judge., Sydney Zuker, Asst., Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges., PER CURIAM. 108 F. Supp.

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Standard MacHinery Co. v. Duncan Shaw Corp., 4722_1 (1953)

Their contention is that any award of damages against Standard Machinery Company in excess of the gross amount stated above is not warranted, and furthermore that there is no warrant for assessing any damages at all against Moyer. The above-expressed views are amply supported by authority.

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National Labor Relations Board v. Local 404, International Brotherhood of Teamsters, Chauffeurs, Warehousemen& Helpers of America, A.F.L, 4719_1 (1953)

When the 1949 Springfield contract expired on October 31, 1950, the Teamsters and the Company negotiated a new contract, this time explicitly making it applicable to both the West Springfield and the Bradley Field plants, notwithstanding the pendency of the representation proceeding.

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Conversions & Surveys, Inc. v. Roach, 4718_1 (1953)

The liability of an employer to pay workmen's compensation to an injured employee, and the liability of an employer to a third person on the doctrine of respondeat superior, depend upon entirely distinct considerations, as the court recognized in Campbell's Case, 1934, 288 Mass. 529, 531, 193 N.E.

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O'brien, Warden v. Lindsey, 4717_1 (1953)

204 F.2d 359, O'BRIEN, Warden, v.LINDSEY., 12, When petitioner Lindsey at the time of his arraignment on March 15 requested the court to appoint counsel for him, the refusal of the Commonwealth to supply him with counsel, this being a noncapital case, raised a Betts v. Brady question.

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O'brien, Warden v. Lindsey, 4717_1 (1953)

Weighing the relevant considerations of policy, it is by no means clear that as a matter of right and routine a state prisoner should be set at large pending review in a court of appeals of a federal district court order discharging the prisoner on habeas corpus. 384, 33 L. Ed. 835;

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National Labor Relations Board v. Efco Mfg., Inc, 4715_1 (1953)

, 3, United Steelworkers' aforesaid petition was filed on June 25, 1951, at which time there was a subsisting collective bargaining agreement between respondent and Efco Workers Union, an unaffiliated organization, which contract had over seven months to run., 1950, 184 F.2d 126, 129.

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National Labor Relations Board v. Rozelle Shoe Corp, 4714_1 (1953)

205 F.2d 447, NATIONAL LABOR RELATIONS BOARDv.ROZELLE SHOE CORP., No. 4714., United States Court of Appeals First Circuit. The second question is whether the Board's findings of fact are supported by substantial evidence on the record considered as a whole. 87, 96 L. Ed. 647;

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