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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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Charles Satterlee, Etc. v. First Nat. Bank of Aberdeen, South Dakota. No. ,16602, 934 (1961)

289 F.2d 934, Charles SATTERLEE, etc., et al., Appellantv.FIRST NAT. BANK OF ABERDEEN, SOUTH DAKOTA.No., United States Court of Appeals Eighth Circuit., March 1, 1961., Thomas J. Murphy, St. Cloud, Minn., for appellants. Corp., Cyrus A. Field, Fergus Falls, Minn., for First Nat., PER CURIAM.

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8284 (1961)

Depletion of mines, oil and gas wells, other natural deposits, and timber; The statutes declared that the term mineral property means a mineral deposit and the relevant Treasury regulation provided that the taxpayers' interest in each separate mineral property is a separate property;

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The National Foundation, a Corporation v. First National Bank of Catawba County, N. C., a Banking Corporation, 8160_1 (1961)

If the donors so motivated had expressed their purposes in precatory language, under the laws of North Carolina, which govern us, they would have imposed no enforceable restriction upon The National Foundation's use of the funds. These were the annual March of Dimes campaigns, however.

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8132_1 (1961)

No child was ever born to her of either marriage and hence upon her death the present suit was brought by H. Lee Finlayson, Jr. to establish his right to the property left by the testatrix to her daughter upon condition as aforesaid. Limitation on failure of issue. 99 N.C. 308, 318, 5 S.E.

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6706_1 (1961)

292 F.2d 492, Albert J. KOSTAL and Arthur J. Watson, Appellants, v.Christian D. STONER, Judge, First Judicial District ofColorado and Bernard P.O'Kane, District Attorney, First Judicial District, State ofColorado, Appellees. In Alzua v. Johnson, 231 U.S. 106, 34 S. Ct. 84, 1 L. Ed. 2d 66;

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6601_1 (1961)

293 F.2d 916, UNITED STATES of America, Appellant, v.Curtis ALLEN, Wharton Allen, George Nelson Allen, and The First National Bank of Colorado Springs, Executors of the Estate of Maria McKean Allen, Appellees. 26 U.S. C.A., 11, BREITENSTEIN, Circuit Judge (concurring in result). 330, 81 L. Ed. 465

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Hartford Accident and Indemnity Company, a Corporation v. First National Bank and Trust Company of Tulsa, Okl., a National Banking Association, 6436_1 (1961)

287 F.2d 69, HARTFORD ACCIDENT AND INDEMNITY COMPANY, a corporation, Appellant, v.FIRST NATIONAL BANK AND TRUST COMPANY OF TULSA, OKL. After discovery of the fraud, the specified balance was paid to Phillips upon a check payable to its order with the name Bruce L. Jennings appended thereto.

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Robert R. Ingerton v. First National Bank and Trust Company of Tulsa, 6326_1 (1961)

, 5, The judgment-creditor takes the rather anomalous position that its own judgment which appellant seeks to set aside is dead under Oklahoma's 5-year dormancy statute, and there is consequently nothing for the court to act upon. R. F. C. v. Breeding, supra, 211 F.2d at page 390.

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Heirs of Elias Godreau & Co. v. Miguel Florencio Godreau Guerrero, Maximina Godreau, Widow of Colon v. Gudelia Colon Ortiz, 5913_1 (1961)

296 F.2d 326, HEIRS OF ELIAS GODREAU CO., Defendants, Appellants, v.Miguel Florencio Godreau GUERRERO et al., 1, In these cases counsel for unsuccessful defendants in the Superior Court of Puerto Rico not only petitioned the Supreme Court of Puerto Rico for review but also appealed to that court.

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Lorine W. Whitaker v. United States, 5878 (1961)

295 F.2d 817, Lorine W. WHITAKER, Executrix, Plaintiff, Appellant, v.UNITED STATES of America, Defendant, Appellee., Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit judges.

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Emil Brand v. Eastover, Inc., 5875_1 (1961)

295 F.2d 816, Emil BRAND et al., United States Court of Appeals First Circuit., Lawrence H. Adler, Boston, Mass., with whom George Michaels and Michaels Adler, Boston, Mass., were on brief, for appellants., Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit judges., PER CURIAM.

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Robert H. Burnham v. United States, 5873_1 (1961)

297 F.2d 523, Robert H. BURNHAM, Defendant, Appellant, v.UNITED STATES of America, Appellee. United States v. Sclafani, 2 Cir. In the case at bar the court needed no instructions from the ICC to conclude that the document under which the partnership was operating was not a lease. 108, 97 L. Ed. 672

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Prudential Insurance Company of America v. M. Elizabeth Clauson, 5872_1 (1961)

, ALDRICH, Circuit Judge., 2, Plaintiff-appellee's husband, Clauson, was a Chrysler dealer. 18 Delaware Code 911(4) (1953) states that an insurance policy cannot provide 'that the agent solicting the insurance is the agent of the person insured under the policy.' Ingalls was not Clauson's agent.

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Commonwealth of Massachusetts v. United States of America, (Two Cases), 5867 (1961)

It is said: Even a cursory inspection reveals that the Massachusetts statute only relates to withholding taxes and invests no authority to pay over to anyone other than the wage-earner the salary owed to this [sic] (the) employee, whereas this meaning is easily found in the West Virginia statute.

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Max Finkel v. Commissioner of Internal Revenue, 5863_1 (1961)

295 F.2d 840, 61-2 USTC P 9753, Max FINKEL et al. In effect taxpayer got more out of Products and less, i.e., nothing, out of Meso, but this was the result of his own action and did not entitle him to claim, vis-a-vis the government, that the debt owed him by Meso was worthless.

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Hans E. Langhammer v. James A. Hamilton, District Director Immigration and Naturalization Service, 5862_1 (1961)

180, 2 L. Ed. 2d 140 (1957)., 11, On this record we are not at all hesitant to affirm the conclusion of the district court that appellant's membership in the Communist Party of East Germany was proved with reasonable, substantial and probative evidence within the meaning of 8 U.S.C.A.

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Uno Helgesson v. Jeanne Helgesson, 5861_1 (1961)

295 F.2d 37, Uno HELGESSON, Defendant, Appellant, v.Jeanne HELGESSON, Plaintiff, Appellee., Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges., PER CURIAM. 42, granting plaintiff's motion for summary judgment adequately disposed of the defenses advanced before that court.

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John D. Duncan v. State of Maine, 5859 (1961)

295 F.2d 528, John D. DUNCAN, Petitioner, Appellant, v.STATE OF MAINE et al., Respondents, Appellees., No. 5859., United States Court of Appeals First Circuit., November 2, 1961., John D. Duncan, pro se, on brief., Frank E. Hancock, Atty. Gen., Maine, Richard A. Foley, Asst. Atty. Gen., Maine

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Paul C. Gebhard v. Royce Aluminum Corporation, 5855 (1961)

296 F.2d 17, Paul C. GEBHARD, Plaintiff, Appellant, v.ROYCE ALUMINUM CORPORATION, Defendant, Appellee. On the entire record we think that the letter of April 9 must be found to state the initial contract as to matters expressly changed by the defendant's letters of April 27 and May 10, 1956.

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National Labor Relations Board v. Michael Benevento, D/B/A M. Benevento Sand & Gravel Company, 5849 (1961)

297 F.2d 873, NATIONAL LABOR RELATIONS BOARD, Petitioner, v.Michael BENEVENTO et al. On the contrary, the impact, if any, of a purely intrastate activity upon interstate commerce must be determined by the Board as a matter of fact in each case as it arises. 918, 84 L. Ed. 1226 (1940).

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