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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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Howard Rothacker v. Walter E. Black, Jr., Trustee, in the Matter of First Capitol Savings and Loan Association, Inc., Bankrupt, 9384_1 (1964)

333 F.2d 845, Howard ROTHACKER, Appellant, v.Walter E. BLACK, Jr., Trustee, Appellee.In the Matter of FIRST CAPITOL SAVINGS AND LOAN ASSOCIATION, Inc., Bankrupt, Appellee., United States Court of Appeals Fourth Circuit., Before BRYAN and BELL, Circuit Judges, and HEMPHILL, District Judge.

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The First National Exchange Bank of Roanoke, and Trustee Under the Will of Josephus Daniels Pell, Deceased v. United States, 9225_1 (1964)

United States v. Hiles, 318 F.2d 56 (5th Cir. Thus, at the time of the decedent's death the widow did not have an estate or interest for life in one-third of the decedent's realty, nor could she ever acquire such an interest for the reason that it was impossible to assign her dower in kind.

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7841 (1964)

339 F.2d 435, Everett R. DOWNING, Appellant, v.The NEW MEXICO STATE SUPREME COURT, the First Judicial District Court, Santa Fe, New Mexico, and Warden Harold A. Cox, Penitentiary of New Mexico, Appellees., United States Court of Appeals Tenth Circuit. We are unable to classify this action.

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7557 (1964)

, LEWIS, Circuit Judge., 7, Trustees' fees in the amount of $22, 934.79 were deducted as administration expenses by the Mary E. Burrow Trust in its income tax return for 1957 and also by the Estate of Mary E. Burrow in its estate tax return., 323 F.2d 792. Double deductions are not permitted.

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First National Bank of Dodge City, Kansas v. Kelly Perschbacher, 7545_1 (1964)

335 F.2d 442, FIRST NATIONAL BANK OF DODGE CITY, KANSAS, Appellant, v.Kelly PERSCHBACHER, Appellee. As soon as Robinson notified Perschbacher that the cattle had been sold, Perschbacher drafted back against Robinson for the amount of the advanced purchase price plus an agreed share of the profit.

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7493 (1964)

, 3, Thereafter, the appellant, The First National Bank in Dodge City, Dodge City, Kansas, filed an application seeking to intervene in the interpleader suit as a party defendant and assert a claim to the funds deposited in the registry of the court by the plaintiffs., 236 F.2d 275;

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Lucien A. Jutras v. United States, 6433 (1964)

340 F.2d 305, Lucien A. JUTRAS, Petitioner, Appellant, v.UNITED STATES of America, Respondent, Appellee. On January 19, 1962, while serving a sentence in a Massachusetts prison, a detainer was there lodged against him for violation of his district court probation. Cf. United States ex rel.

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Magic Fingers, Inc. v. Robert E. Auger, 6408_1 (1964)

339 F.2d 604, 144 U.S.P.Q. 114, MAGIC FINGERS, INC., Plaintiff, Appellant, v.Robert E. AUGER et al., Robert H. Rines, Boston, Mass., with whom Rines Rines, Boston, Mass., was on brief, for appellees., Before WOODBURY, Chief Judge, ALDRICH, Circuit Judge, and CAFFREY, District Judge., PER CURIAM.

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Josef Weinberger, Creditor v. N. Edward Group, Trustee, in the Matter of Chico Park, Inc, 6404 (1964)

Edward GROUP, Trustee, et al. The court chose, nevertheless, to allow appellant's motion and extended the filing to the date requested, viz., October 27., 4, An order will be entered denying the motion for further extension of time and dismissing the appeal for want of prosecution.

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6394_1 (1964)

338 F.2d 335, Henry J. LARKIN, d/b/a Larkin Co., Plaintiff, Appellant, v.UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF thePLUMBING ANDPIPEFITTING INDUSTRY OF UNITED STATESAND CANADA, AFL-CIO, LOCAL 53, etc., etal., Defendants, Appellees., United States Court of Appeals First Circuit.

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Joao Alexander Viegas v. Immigration and Naturalization Service, 6393_1 (1964)

339 F.2d 595, Joao Alexander VIEGAS, Petitioner, v.IMMIGRATION AND NATURALIZATION SERVICE, Respondent., United States Court of Appeals First Circuit., 2, On these facts petitioner was admittedly subject to deportation as provided in Section 241 of the Act, 66 Stat. 204, 8 U.S.C. 1251(a)(2).

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Helmut Mueller v. Commissioner of Internal Revenue, 6388_1 (1964)

338 F.2d 1015, 64-2 USTC P 9880, Helmut MUELLER et al., United States Court of Appeals First Circuit. Petitioners, hereafter taxpayers, are scientists who received during the tax years payments from a nonprofit organization, The Institute for Muscle Research, Inc., hereafter Institute.

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John H. Landry v. Commonwealth of Massachusetts, 6387 (1964)

, James W. Bailey, Asst., Before WOODBURY, Chief Judge, and HARTIGAN, Circuit Judge., 3, On July 30, 1964, Landry filed notice of appeal in the court below and at the same time a motion for leave to proceed in forma pauperis, supported by an appropriate affidavit, which the court granted.

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Jose R. Bueiz-Karma v. United States, 6380_1 (1964)

336 F.2d 66, Jose R. BUEIZ-KARMA, Defendant, Appellant, v.UNITED STATES of America, Plaintiff, Appellee., Before WOODBURY, Chief Judge, and HARTIGAN, Circuit Judge. Twelve days later on July 8, 1964, his counsel filed notice of appeal to the United States Circuit of Appeals for the Third Circuit.

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Edward Krock v. Electric Motor & Repair Company, Inc., 6378_1 (1964)

339 F.2d 73, Edward KROCK, Defendant, Appellant, v.ELECTRIC MOTOR REPAIR COMPANY, Inc., Plaintiff, Appellee. 1338, 12 L. Ed. 2d 298. the defendant, on the ground that although he filed the motion in the wrong court, we should consider his appeal as in effect a request to us for leave to file.

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Haymarket Veterans Uniform Company v. United States, 6374 (1964)

338 F.2d 698, HAYMARKET VETERANS UNIFORM COMPANY, Defendant, Appellant, v.UNITED STATES of America, Plaintiff, Appellee., Paul A. M. Hunt, Asst., Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit judges., PER CURIAM. United States v. Summerlin, 310 U.S. 414, 416, 60 S. Ct.

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James F. O'Callahan v. The Attorney General of the United States, 6372 (1964)

, United States Court of Appeals First Circuit. In March, 1962, the Board of Parole issued a warrant for his retaking for violation of conditions of his parole, but by that time the appellant had arrived in Massachusetts and had been convicted and sentenced for further unspecified offenses.

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National Labor Relations Board v. Cooke & Jones, Inc., 6371_1 (1964)

339 F.2d 580, NATIONAL LABOR RELATIONS BOARD, Petitioner, v.COOKE JONES, INC., Respondent., Before WOODBURY, Chief Judge, and HARTIGAN* and ALDRICH, Circuit Judges. Cf. International Ladies' Garment Workers' Union, AFL-CIO v. NLRB, 1961, 366 U.S. 731, 81 S. Ct. NLRB v. Swift Co., 1 Cir.

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D. Richard Trager, Applicant v. Hiebert Contracting Co., 6370_1 (1964)

339 F.2d 530, D. Richard TRAGER, Applicant, Appellant, v.HIEBERT CONTRACTING CO. et al. On March 20, 1964 Trager filed a petition to intervene in Hiebert's suit. This is not a case where the marshal filed an incorrect copy of the writ, Hendricks v. Shaw, 1928, 262 Mass. 284, 159 N.E.

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Peter G. Kelley, Libellant v. United States of America, 6369 (1964)

338 F.2d 328, Peter G. KELLEY, Libellant, Appellant, v.UNITED STATES of America et al., United States Court of Appeals First Circuit., Nathan Greenberg, Boston, Mass., for appellant. The answers themselves disclose that the information which they contain had long been in counsel's hands.

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