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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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94-69 (1970)

, James C. Pinkerton, Tulsa, Okl. however, checks which were postdated, had improper signatures, or were on accounts which had insufficient funds to pay them, or were otherwise irregular, were not posted but were accumulated and returned by the bookkeeping department to an officer of the bank.

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United States v. Roberto Power Benthien, 7776 (1970)

Taking all things into consideration, including the nature of the charge, the absence of the sentencing judge from Puerto Rico and our lack of independent knowledge as to whether there is any merit in the appeal, we decline to grant bail at this time.

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7749 (1970)

435 F.2d 989, 76 L.R.R.M. 851, 7 L. Ed. 2d 840 (1962), in which state legislation authorized a state tribunal to investigate a labor dispute and publicly report its findings as to the blameworthiness of the parties, 5, United Construction Workers v. Laburnum, 347 U.S. 656, 74 S. Ct.

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Frederick J. Barry Et Ux. v. Commissioner of Internal Revenue, 7737 (1970)

435 F.2d 1290, Frederick J. BARRY et ux. The Court in Correll noted, in support of the Commissioner's rule, that [o]rdinarily, at least, only the taxpayer who finds it necessary to stop for sleep or rest incurs significantly higher living expenses as a direct result of his business travel.

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Farmington Dowel Products Co. v. Forster Mfg. Co., Inc., 7711 (1970)

, 1, This is an appeal from the order of the district court establishing the maximum ethically permissible fee which can properly be accepted by counsel from the victorious plaintiff, Farmington Dowel, in a civil anti-trust litigation. Co. v. New Jersey Wood Finishing Co., 381 U.S. 311, 85 S. Ct.

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Oddie G. Johnson, Jr. v. J. J. Norton, Warden, Federal Correctional Institution, Danbury, Connecticut, 7707_1 (1970)

435 F.2d 842, Oddie G. JOHNSON, Jr., Defendant, Appellant, v.J., Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges. Petitioner's complaint arises from the fact that counsel then withdrew, after the appeal was perfected and this court had assumed jurisdiction. Local Rule 12(b).

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In the Matter of Boston & Providence Railroad Corp., Debtor. Boston & Providence Railroad Development Group, 7703 (1970)

Moreover, under the Plan, the Penn-Central trustee is bound by his fiduciary duty to seek fair market value;, 3, Appellant's second claim is that the court's final order approving a sale of certain real estate by the trustee in reorganization is an abuse of the district court's discretion.

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Manuel Munoz Vargas v. Carlos A. Romero Barcelo, 7700_1 (1970)

435 F.2d 843, Manuel Munoz VARGAS et al., United States Court of Appeals, First Circuit., Luis Munoz Rivera, Hato Rey, P.R., Luis F. Gomez, San Juan, P.R., 3, We consider it vital whether plaintiffs bring this action against the Municipality, or against Romero Barcelo in his individual capacity.

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United States v. Eugene Sanger Daniell, III, 7689 (1970)

435 F.2d 834, UNITED STATES of America, Appellee, v.Eugene Sanger DANIELL, III, Defendant, Appellant. The Service's 30-day requirement in a case such as this one is reasonable, and the fact that the defendant's form was received by the local board too late to process is determinative.

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United States v. Mark Wefers, 7688_1 (1970)

, 11, This brings us to the nub of the case, Wefers' intent. 114, 84 L. Ed. 452, dismissed per stipulation, 308 U.S. 629, 60 S. Ct. 190, 195 F.2d 766, 770 (advice of counsel no bar to finding of contempt where defendant consciously circumvented court's order); United States v. Hall, 2 Cir.

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7687 (1970)

However, it is equally possible to read the statute as authorizing waiver conditioned upon the recommendation of the Secretary of State when he (a) has received a request of a government agency, or (b) has received a request of the Commissioner after he had determined hardship.

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United States v. Richard Palmer, 7684 (1970)

435 F.2d 653, UNITED STATES of America, Appellee, v.Richard PALMER, Defendant, Appellant. 166, 21 L. Ed. 2d 143 (1968)., 1, 'It shall be unlawful for any person * * * (d) to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record;

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Kenneth T. Dunham v. Philip B. Crosby, Jr., 7682_1 (1970)

435 F.2d 1177, Kenneth T. DUNHAM, Plaintiff, Appellant, v.Philip B. CROSBY, Jr., et al. The Superintendent claims that the district court correctly dismissed appellant's case because appellant had failed to request a hearing before the board. None of these procedures were complied with.

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Catherine Cole v. Housing Authority of the City of Newport, 7680 (1970)

1322, 22 L. Ed. 2d 600. Nevertheless, a residency requirement so 'penalizing' that kind of travel is probably permissible under Shapiro.11, 10, Under this reading of Shapiro, we need only to ask if the two-year residency requirement penalized persons because they have recently migrated to Newport.

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John M. Panagopoulos v. Immigration and Naturalization Service, Rocco D'Alessio v. Immigration and Naturalization Service, 7678 (1970)

, ALDRICH, Chief Judge. The ordinary frivolous case merely consumes time, and inconveniences the opposite party and the court.4 A frivolous petition to review a deportation order stays the entire deportation procedure and affords immediate relief regardless of the insubstantiality of the claim.

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Wilfred D. Fleury v. Supreme Court of New Hampshire and Parker L. Hancock, Warden of State Prison, 7670_1 (1970)

432 F.2d 555, Wilfred D. FLEURY, Appellant, v.SUPREME COURT OF NEW HAMPSHIRE and Parker L. Hancock, Wardenof State Prison, Appellees., United States Court of Appeals, First Circuit. Petitioner's court appointed counsel expressed his conclusion that the trial record offered no grounds for appeal.

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Patrica Drown v. Portsmouth School District, 7667_1 (1970)

61, 24 L. Ed. 2d 93 (1969).2 Others have held that a nontenured teacher is entitled to a hearing even when there is no allegation that the decision not to rehire was made for constitutionally impermissible reasons. (6) the right to an impartial decision-maker other than the school board;

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United States v. Peter J. Pallotta, 7661 (1970)

, McENTEE, Circuit Judge. Pallotta v. United States, 404 F.2d 1035 (1st Cir. In his letter counsel recalls that he had requested a twelve year sentence, but the transcript of the sentencing hearing shows that the United States Attorney had recommended twelve years and defendant's counsel, five.

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Paul Cody v. Beckman Instruments, Inc., 7654 (1970)

, 7, The General Electric expansion sale consisted of four purchase orders as follows:, 8, Order Date Amount, 2- 1-68 $ 64, 300, 2-19-68 750, 2-22-68 34, 735, 2-23-68 44, 158, $143, 943, 9, Plaintiff contends he is entitled to a commission on this sale under the so-called Zugenbuhler Plan.

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Solomon J. Upshaw v. Edmund L. McNamara Commissioner of Police for the City of Boston, Massachusetts, 7652 (1970)

and generally Note, Developments in the Law Equal Protection, 82 Harv.L.Rev. 1065, 1087-1091 (1969). But see Chevigny, Section 1983 Jurisdiction: A Reply, 83 Harv.L.Rev. 1352 (1970).

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