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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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Mann v. Peoples First Nat. Bank & Trust Co. Sherwood Distilling Co. v. Peoples First Nat. Bank & Trust Co, 6701_1 (1954)

209 F.2d 570, MANN, v.PEOPLES FIRST NAT., 29 F.2d 59, 60, where we said:, 10, 'It is ordinarily true that the pledgee of stock, unless restrained by the bankruptcy court, may proceed to sell under the power of sale contained in the pledge without asking the consent of the court. 270, 75 L. Ed. 645;

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W. L. Mead, Inc. v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local Union No. 25, A. F. Of L., 4898 (1954)

217 F.2d 6, W. L. MEAD, Inc., Plaintiff, Appellant, v.INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Local Union No. 25, A. F. of L., Defendant, Appellee., United States Court of Appeals, First Circuit., as such a dispute is therein defined.

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Constance Luce v. The Providence Union National Bank, 4893_1 (1954)

217 F.2d 648, Constance LUCE, Plaintiff, Appellant, v.The PROVIDENCE UNION NATIONAL BANK, Executor, Defendant, Appellee., United States Court of Appeals, First Circuit. Francis J. W. Ford, Judge., Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges., PER CURIAM.

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John H. Lee v. William C. Kindelan, Warden, Rhode Island State Prison, 4883_1 (1954)

217 F.2d 647, John H. LEE, Petitioner, Appellant, v.William C. KINDELAN, Warden, Rhode Island State Prison, Respondent, Appellee., Appeal from the United States District Court for the District of Rhode Island;, Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges., PER CURIAM.

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Allan L. Robbins, Warden, Maine State Prison v. George F. Green, 4879_1 (1954)

218 F.2d 192, Allan L. ROBBINS, Warden, Maine State Prison, Appellant, v.George F. GREEN, Petitioner, Appellee. Of course the federal courts cannot complain of the failure of Justice Tirrell to give any explanation of his bare order denying the petition for a writ of habeas corpus;

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Capital Finance Corporation v. Lena Leveen, 4871 (1954)

, MAGRUDER, Chief Judge. If Lena Leveen, the alleged bankrupt, held only the bare legal title to the parcels of land, as the fiduciary of her sister, then Lena's conveyance to Esther did not deplete the assets of the alleged bankrupt, and was not fraudulent as to the three petitioning creditors.

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Salvatore Cufari v. United States, 4870 (1954)

, Charles F. Choate, Asst. Relying upon this statement in the Docket Slip, the representative of the Service presented, for approval of his naturalization, CUFARI to the Court. 1333, 87 L. Ed. 1796, and the cases there cited, and see also Knauer v. United States, 1946, 328 U.S. 654, 670 et seq.

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Albert C. Peterman v. Indian Motorcycle Company, (Two Cases), 4861 (1954)

, 1, The appeal in No. 4860 is from a judgment for the defendants entered May 27, 1954, in accordance with a jury verdict in a personal injury case, and from a subsequent order of the district court denying a motion for a new trial duly filed within ten days after the entry of said judgment.

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Joaquin Castaner, Debtor v. Rafael Mora, Creditor, 4859_1 (1954)

216 F.2d 189, Joaquin CASTANER, Debtor, Appellant, v.Rafael MORA, Creditor, Appellee. The referee ruled that the said machinery was not covered by the mortgage, and by order on April 1, 1954, directed that the machinery be sold separately at public sale for the benefit of the general creditors.

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In the Matter of Emanuel Josephson, 4854_1 (1954)

See State of Virginia v. Rives, 1879, 100 U.S. 313, 323-324, 329-330, 25 L. Ed. 667; Also, in that case petitioner conceded that the court of appeals in the transferee district could review the transfer order on appeal from a final judgment, supra, 346 U.S. at page 381, 74 S.Ct.

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Securities and Exchange Commission v. F. C. Dumaine, Jr., Koppers Company, Inc. v. Securities and Exchange Commission, 4853 (1954)

Nevertheless, nothing remains for the Commission to do in carrying out the District Court's order but to amend its Supplemental Findings and Opinion and Eastern's plan of reorganization to provide for the payment of a fee of $5, 000 to Dumaine. 454, 87 L. Ed. 626., 1954, 211 F.2d 412.

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M. Louise Collins, Administratrix v. Commissioner of Internal Revenue, 4848_1 (1954)

, 15, In the instant case redemption value is a relevant factor in the determination of the value of the bond for estate tax purposes only because it is the price for which the bond could have been redeemed by the decedent prior to maturity.

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4846_1 (1954)

But we think that the court in the Waller case misunderstood the intent of Congress when it held that because the watchmen's work was necessary to the processing or curing of fish they were included in an exemption limited to employees employed in processing or curing fish. R. No. 1453, 81st Cong.

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Max Wasserman v. Burgess & Blacher Co., 4844_1 (1954)

217 F.2d 402, 103 U.S.P.Q., 4, The Wasserman patent relates to a type of skylight construction employing a plastic material in place of glass. The top or covering member of the frame joins both sides and then continues outwardly on a horizontal plane to form a marginal flange. 127, 95 L. Ed. 162.

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Anna C. Dunn v. Ray Gazzola, 4843_1 (1954)

No appeal is taken from these dismissals, and only the dismissals as to the defendants Gazzola, Marron, Van Waters and McDowell are before this court., 8, The district court observed, in dismissing the plaintiff's complaint against the probation officer, Dunn v. Estes, supra, 117 F. Supp.

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James Francis v. Arthur T. Lyman, 4842 (1954)

, 3, The complaint in the present case, under the Civil Rights Act, named Judge Crafts as one of the defendants. Francis v. Crafts, 1 Cir. The proper procedure for inquiring into the lawfulness of Francis' confinement was by application to a court for a writ of habeas corpus. 44, 97 L. Ed. 649.

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Walmac Company, Inc. v. Irving A. Isaacs, 4841 (1954)

, 1, Upon consideration of appellee's motion to docket and dismiss for lack of appellate jurisdiction, and after notice and no response, it is ordered that said motion be granted, that the case be docketed, and that the appeal be, and the same hereby is, dismissed for want of jurisdiction.

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National Labor Relations Board v. Clarostat Manufacturing Company, Inc., 4838 (1954)

As a result of that hearing the Board, affirming the hearing officer, entered an order amending the certification previously issued so as specifically to include in the certified unit inspectors who work on the floor in production areas and the production control clerks as requested by the Union.

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Auerbach Shoe Company v. Commissioner of Internal Revenue, 4837_1 (1954)

216 F.2d 693, AUERBACH SHOE COMPANY, Petitioner, v.COMMISSIONER OF INTERNAL REVENUE, Respondent. Perhaps there may be cases in which a corporation ought not to be charged with an addition to its basic tax for fraud based on fraudulent returns prepared by an agent low in the corporate hierarchy.

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Gottlieb v. Isenman, 4836 (1954)

, 3, The defendants' answer admits that Pariser met Cecil Landau and George Isenman on or about December 24, 1949 in Boston and that George Isenman and Landau met Louis Bandler in New York on or about March 3, 1950, but denies the other material allegations of the complaint., 1951, 189 F.2d 80.

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