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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 Fidelity & Guaranty Company v. First National Bank, McAlester Oklahoma, 6095_1 (1959)

274 F.2d 825, UNITED STATES FIDELITY GUARANTY COMPANYv.FIRST NATIONAL BANK, McALESTER, OKLAHOMA., United States Court of Appeals Tenth Circuit., Fite Robinson, Muskogee, Okl., Arnote, Arnote Bratton, McAlester, Okl., Before PHILLIPS and BREITENSTEIN, Circuit Judges., PER CURIAM.

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National Labor Relations Board v. Central Mercedita, Inc., 5599_1 (1959)

, 1, This is a petition by the National Labor Relations Board for summary entry of a decree enforcing an order issued by the Board against the respondent, a corporation engaged in Ponce, Puerto Rico, in the business of processing cane into sugar and related products. 553, 90 L. Ed. 739.

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Albert E. Robinson v. Stanley Home Products, Inc., 5573 (1959)

The specific question under that subsection is whether Stanley accepted from Plura a commission, brokerage, or other compensation, or any allowance or discount in lieu thereof * *.3 On the facts alleged, after plaintiff's discharge Plura paid no commission, as such, to anyone. 466, 84 L. Ed. 1035.

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United States of America, for the Use and Benefit of W. J. Halloran Steel Erection Co. v. Frederick Raff Company, Inc., 5564_1 (1959)

271 F.2d 415, UNITED STATES of America, for the Use and Benefit of W. J. HALLORAN STEEL ERECTION CO., Plaintiff, Appellant, v.FREDERICK RAFF COMPANY, Inc., et al., United States Court of Appeals First Circuit., PER CURIAM. McGregor Architectural Iron Co. v. Merritt-Chapman Scott Corp., D.C.M.D.Pa.

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Chan Wing Cheung, A.K.A. Bill Woo v. Frank C. Hagerty, Officer in Charge, U. S. Immigration and Naturalization Service, Providence, Rhode Island, 5556 (1959)

271 F.2d 903, CHAN WING CHEUNG, a.k.a., United States Court of Appeals First Circuit. Although this status is specifically covered in section 244(a) (5), petitioner admittedly cannot qualify under paragraph (5) as a whole because he cannot satisfy its further requirement of ten years' residence.

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Lummus Company v. Commonwealth Oil Refining Company, Inc., (Three Cases), 5552-5554_1 (1959)

273 F.2d 613, LUMMUS COMPANY, Defendant, Appellant, v.COMMONWEALTH OIL REFINING COMPANY, Inc., Plaintiff, Appellee(three cases)., United States Court of Appeals First Circuit. 2d 787, 148 N.Y.S.2d 591;, 2, An order will enter allowing defendant-appellant's motion for stay of discovery.

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John Gallo v. Commissioner of Internal Revenue, 5549 (1959)

272 F.2d 190, John GALLO et al., Jacob Whitkin, Boston, Mass., for petitioners. Atty. Gen., and Lee A. Jackson and Harry Baum, Attorneys, Department of Justice, Washington, D. C., were on brief, for respondent., Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges., PER CURIAM.

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Theodore Green v. United States, 5547 (1959)

273 F.2d 216, Theodore GREEN, Petitioner, Appellant, v.UNITED STATES of America, Respondent, Appellee., United States Court of Appeals First Circuit., 1958, 256 F.2d 483, 484, and that counsel addressed the court at considerable length in mitigation of punishment before sentence was imposed.

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Allied Chemical Coatings, Inc. v. Allied Chemical Corporation, 5540_1 (1959)

The court thereupon, rather than granting plaintiff's motion to dismiss, reiterated its views as to the proof needed to establish the jurisdictional amount, and dismissed the action for lack of jurisdiction, stating that if appellant disagreed with its opinion, it could appeal., 1958, 257 F.2d 79.

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Plasteel Products Corporation v. Clifton E. Helman, Trustees, 5539 (1959)

, HARTIGAN, Circuit Judge., was entered for the appellees. that the disputed provisions of the agreement evince only a desire for Paul L. Sriberg's services and a willingness both to concede some profits to obtain his services and to allow some protection for the Sriberg Trust interest.

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New York, New Haven and Hartford Railroad Company v. United States, 5530 (1959)

272 F.2d 333, NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Plaintiff, Appellant, v.UNITED STATES of America, Defendant, Appellee. Under the prior practice the carrier had the initial burden of going forward with evidence on the claim of money due for services rendered.

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Arthur G. B. Metcalf v. Commissioner of Internal Revenue, 5526 (1959)

271 F.2d 288, 59-2 USTC P 9737, Arthur G. B. METCALF, Petitioner, Appellant, v.COMMISSIONER OF INTERNAL REVENUE, Respondent, Appellee. If the wife remarried, the payments were to cease, and in lieu thereof the husband was to pay to the wife $31.25 per child for their support.

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Boston Edison Company v. Campanella & Cardi Construction Company, 5520_1 (1959)

First, not every condemnation statute makes provision for damages to lands not included in the actual taking. In Mellen v. Western R.R. In Flagg v. Worcester, 13 Gray, Mass., 601, a somewhat similar case, the court appeared to place the burden upon the plaintiff of proving the reverse.

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International Basic Economy Corporation v. Luis Blanco Lugo, 5519 (1959)

271 F.2d 437, INTERNATIONAL BASIC ECONOMY CORPORATION, Defendant, Appellant, v.Luis BLANCO LUGO, Plaintiff, Appellee., WOODBURY, Chief Judge., 1, This court on May 21, 1959, filed a per curiam opinion in this case on a motion by the appellant to enlarge the record on appeal.

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Amalgamated Meat Cutters and Butcher Workmen of North America, Afl-Cio v. National Labor Relations Board, 5515 (1959)

267 F.2d 169, AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, AFL-CIO, Petitioner, v.NATIONAL LABOR RELATIONS BOARD, Respondent., for leave to intervene as a party respondent with a view to supporting the Board's order, along with the Board. 76, affirmed 1955, 350 U.S. 892, 76 S. Ct.

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Thomas A. Kent v. United States, 5512 (1959)

272 F.2d 795, Thomas A. KENT, Petitioner, Appellant, v.UNITED STATES of America, Respondent, Appellee. 608, 87 L. Ed. 819, rehearing denied 319 U.S. 784, 63 S. Ct., 7, A more serious question is presented by the contention that the confession was involuntary because obtained by fear and duress.

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New York, New Haven and Hartford Railroad Company v. Mary L. Donnelly Henagan, 5511_1 (1959)

We do not, however, read the Court's recent decisions as depriving trial judges in cases like this of their historic function of exercising a preliminary judgment on the facts to determine whether the plaintiff has shown enough to warrant a fair-minded jury in returning a verdict in his favor.

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Ernest A. Walen v. United States, 5508 (1959)

The fact that taxpayer and Wilbur subseqnently granted a license to Remington is eloquent on this matter, even though that license turned out to be unproductive.4 Taxpayer's contention that after June, 1941, Heatbath owned all substantial rights in the patent cannot be sustained.

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San Miguel & Cia., Inc. v. Superior Court of Puerto Rico, San Juan Part, Luis R. Polo, Judge, 5505 (1959)

, Inc., Petitioner, Appellant, v.SUPERIOR COURT OF PUERTO RICO, San Juan Part, Luis R. Polo, Judge, Respondent, Appellee. 32, 3228) the taxpayer petitioned the Supreme Court of Puerto Rico for a writ of certiorari to review the order of Judge Polo issued in the name of the Superior Court.

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National Labor Relations Board v. M & M Bakeries, Inc., 5500 (1959)

271 F.2d 602, NATIONAL LABOR RELATIONS BOARD, Petitioner, v.M M BAKERIES, INC., Respondent. The letter also stated that any employee who went out on strike would forfeit all rights of future employment with the Company. National Labor Relations Board v. United States Cold Storage Corp., 5 Cir.

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