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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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The First National Bank of South Carolina of Columbia v. Glens Falls Insurance Company, 8494 (1962)

304 F.2d 866, The FIRST NATIONAL BANK OF SOUTH CAROLINA OF COLUMBIA, Appellee, v.GLENS FALLS INSURANCE COMPANY, Appellant. Protection is afforded to the insured against loss incurred by extending credit on a written instrument that is found to have been counterfeited or forged as to signature.

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7216_1 (1962)

and First State Bank, Idabel, Oklahoma, Petitioners, v.BOARD OF GOVERNORS OF the FEDERAL RESERVE SYSTEM, Respondent, First Oklahoma Bancorporation, Inc., Intervenor., V. P. Crowe and William G. Paul, of Crowe, Boxley, Dunlevy, Thweatt, Swinford Johnson, Oklahoma City, Okl., PER CURIAM.

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The First National Bank of Fort Smith, Arkansas v. H. E. Mattingly, D/B/A Sanitary Plumbing Company, 7059_1 (1962)

, 2, Before the foreclosure action was started in federal court the lien claimant brought an action in state court to enforce his lien and, after the suit in federal court had been filed, obtained a judgment in state court upholding the validity of his lien. 41, 93 L. Ed. 374;, 286 F.2d 313, 315

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Robert R. Ingerton v. The First National Bank and Trust Company of Tulsa, 6893 (1962)

, for appellee. 291 F.2d 662. On remand, the trial court entered its Order on Mandate vacating and setting aside both its previous order overruling appellant's Rule 60 motion and the deficiency judgment, but refused appellant's proposed form of Order on Mandate declaring that judgment satisfied.

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Joseph Mainelli v. Providence Journal Company, 6047 (1962)

, WOODBURY, Chief Judge. But a notice of the appeal was filed in the office of Joseph Mainelli, U.S. district attorney for Rhode Island., the proper course is to dismiss for lack of jurisdiction without reaching the question whether the complaint states a claim upon which relief can be granted.

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Benjamin W. Corey v. United States, 6046_1 (1962)

307 F.2d 839, Benjamin W. COREY, Defendant, Appellant, v.UNITED STATES of America, Appellee., United States Court of Appeals First Circuit. Under this section the statute clearly states that the term of commitment shall be deemed to be for the maximum sentence of imprisonment prescribed by law.

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Richard Lavoie v. United States, 6044_1 (1962)

310 F.2d 117, Richard LAVOIE, Defendant, Appellant, v.UNITED STATES of America, Appellee., Helen M. Fish, Boston, Mass., for appellant. He now appeals from an order of the district court denying a motion under Rule 35, Federal Rules of Criminal Procedure, for correction of sentence nunc pro tunc.

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John Regan, Administrator v. Donald Marshall, D/B/A Marshall's Mobilgas Station, 6039 (1962)

309 F.2d 677, John REGAN, Administrator, Plaintiff, Appellant, v.Donald MARSHALL, d/b/a Marshall's Mobilgas Station, Defendant, Appellee. By the same token plaintiff's cases of suits upon judgments a component of which may have been interest on the original claim are not in point.

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Atlantic Corporation v. United States of America, 6038_1 (1962)

311 F.2d 907, ATLANTIC CORPORATION, Defendant, Appellant, v.UNITED STATES of America et al. If Atlantic had a proper cross-claim against its co-defendants this gave the court ancillary jurisdiction even though all the parties to the cross-claim were citizens of the same state.

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Lebanon Woolen Mills, Inc. v. United States, 6036_1 (1962)

311 F.2d 364, 63-1 USTC P 9208, LEBANON WOOLEN MILLS, INC., et al. After the government opposed the appellants' motion, counsel for the appellants executed an affidavit which contains the statement that 'Mr., 1, The New Hampshire corporations and Bernard Goldfine filed similar motions

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The O'Day Corporation v. Talman Corporation, 6034 (1962)

310 F.2d 623, 136 U.S.P.Q. Manton-Gaulin Manufacturing Co. v. Colony, 1926, 255 Mass. 194, 151 N.E. It may be that because of Fox's disclosures Bigelow obtained a better hull, to O'Day's disadvantage, by making changes the possibility of which would otherwise have remained secret.

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National Labor Relations Board v. United Wire and Supply Corporation, 6023 (1962)

, United States Court of Appeals First Circuit., WOODBURY, Chief Judge. But we think the trial examiner rightly found that they had the effect of 'considerably' dampening the 'spirit of easy 'give and take otherwise existing between supervisory personnel and rank and file employees.

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William H. Legate v. J. Joseph Maloney, Jr., Receiver, 6020 (1962)

After the hearing the court below filed a memorandum of decision concluding as follows:, 3, 'The motion of the receiver to dismiss the petition of Legate is allowed with respect to the claim for priority of Legate over other creditors and to the claim against the New York Stock Exchange.

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National Labor Relations Board v. Penobscot Bay Longshoremen's Local 1519, 6019_1 (1962)

310 F.2d 689, NATIONAL LABOR RELATIONS BOARD, Petitioner, v.PENOBSCOT BAY LONGSHOREMEN'S LOCAL 1519, Respondent., Warren M. Davison, Attorney, Washington, D. C., with whom Stuart Rothman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst., PER CURIAM.

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Willie C. Harris, Jr. v. United States of America, 6017 (1962)

308 F.2d 573, Willie C. HARRIS, Jr., Plaintiff, Appellant, v.UNITED STATES of America et al. Andrew A. Caffrey, District Judge., Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges., 2, Judgment will be entered affirming the judgment of the District Court, 204 F. Supp.

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The Ferber Company v. Theodore J. Ondrick, 6015_1 (1962)

310 F.2d 462, The FERBER COMPANY et al. It appeared that Ondrick and Wilbraham were equipped to do different parts of this work and desired separate contracts, but Ferber required a single agreement., 12, Finally, Ferber complains that the court erred in denying it an interpleader fee.

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David Atlas v. Eastern Air Lines, Incorporated, 6014_1 (1962)

311 F.2d 156, 136 U.S.P.Q., 8, The asserted instance of public use involved a flight by American Airlines on August 12, 1949, 1 on which a device comparable to the one subsequently patented by plaintiff was utilized and demonstrated., 346 U.S. 897, 74 S. Ct. 220, 98 L. Ed. 398.

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Excellent Publications, Inc. v. United States, 6013_1 (1962)

365, 2 L. Ed. 2d 352 per curiam on Roth v. United States, we do not see how it can be said that the pictures in the magazines before us, in which the genital areas are never exposed, are obscene in the statutory sense even in spite of the somewhat seductive poses of the models.

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John Manganaro, Administrator v. The Delaval Separator Co., 6012_1 (1962)

, 4, The facts disclose that while standing on the Maine Turnpike near his disabled automobile the decedent was killed by another automobile operated by one Gerald T. Hogan, a duly authorized agent of the corporate defendant, Delaval Separator Co. The accident was witnessed by Robert Carll.

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Waltham Precision Instrument Company, Inc. v. McDonnell Aircraft Corporation, 6010 (1962)

413, 96 L. Ed. 485 (1952). With these constitutional fears allayed, Perkins v. Benquet Mining Co., supra, the Massachusetts court sustained jurisdiction over foreign corporations where there was solicitation of business together with some additional business activity within the state.

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