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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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Healthco v. Repco Printers, 97-9005 (1997)

review in the courts of appeals.F.2d 1172, 1174 (10th Cir. The fact remains that, Healthco remitted over $235, 000 in satisfaction of sixty-eight, separate Repco invoices, thereby dwarfing earlier remittances as, to both the number of invoices and the total dollars involved.payment to Repco.

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Healthco v. Repco Printers, 97-9005 (1997)

132 F.3d 104, 31 Bankr.Ct.Dec., United States Court of Appeals, First Circuit. Zaegel agreed. Souza replied that Healthco had in hand $235, 558.64 in outstanding Repco invoices and that wire transfer would be the quickest payment method. Moyle directed Souza to wire the full amount.

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Perlman, etc. v. Tenofsky, 97-9003 (1997)

The bankruptcy judge's conclusion that appellant's, records were inadequate and incomplete was affirmed by the First, Circuit Bankruptcy Appellate Panel.taking into account the particular facts and circumstances of the, debtor's case, In re Ridley, 115 B.R. We find neither error nor, abuse.

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Perlman, etc. v. Tenofsky, 97-9003 (1997)

Aldrich and Coffin, Senior Circuit Judges.Stephen F. Gordon for appellant.appellees.Circuit Bankruptcy Appellate Panel.error or abuse of discretion in applying the law to the facts.debtor's case, In re Ridley, 115 B.R.Rhode Island, 9 F.3d 214, 217-18 (1st Cir.

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US Tobacco Co v. Harshbarger, 97-8022 (1997)

Senate Report 566, further explained:, The State preemption of regulation or, prohibition with respect to cigarette, advertising is narrowly phrased to preempt, only State action based on smoking and, health.Congress amended the language in the statute's purpose, provision from a warning .

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97-8022 (1997)

As the plurality stated: The appropriate inquiry is not whether a claim challenges the 'propriety' of advertising and promotion, but whether the claim would require the imposition under state law of a requirement or prohibition based on smoking and health with respect to advertising or promotion.

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Neal v. First Alert, Inc., 97-6031 (1997)

129 F.3d 616, Nealv.First Alert, Inc.**, NO. 97-6031, United States Court of Appeals, Eleventh Circuit., Oct 17, 1997, Appeal From: M.D.Ala. , No.9500631CVAN, 1, Affirmed., **, Local Rule 36 case

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Patricia Gonzales Lopez v. First Union National Bank of Florida, Jose Daniel Ruiz Coronado v. Bankatlantic Bancorp, Inc., 97-4238 (1997)

Bank of Florida. (Count IV)., 52, We also reject First Union's argument that its disclosures of Lopez's account activity were made pursuant to other authority because there were regulations, see e.g. 12 C.F.R. Specifically, BankAtlantic claims its disclosures were authorized by 12 C.F.R.

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97-35415 (1997)

131 F.3d 148, NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.John L. SHELSTAD;

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97-3167 (1997)

Duane Siffring;, 1, Donald L. Juranek appeals from the district court's Federal Rule of Civil Procedure 12(b)(6) dismissal of his action. Having reviewed the record and the parties' briefs, we conclude that the district court's judgment was correct and that an extended opinion is not warranted.

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Richard Staiman, M.D. v. First Unum Life Insurance Company, 97-3028 (1997)

124 F.3d 188, Richard Staiman, M.D.v.First Unum Life Insurance Company, NO. 97-3028, United States Court of Appeals, Third Circuit., July 30, 1997, Appeal From: W.D.Pa. , No.9653, 1, Affirmed.

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97-2323 (1997)

District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 476 (1983). Although Foroohar's complaint alleges due process claims, those claims are inextricably intertwined with the state court orders related to his divorce proceedings. See Wright v. Tackett, 39 F.3d 155 (7th Cir.1994).

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McDuffie v. First Union National, 97-2263 (1997)

127 F.3d 40, McDuffiev.First Union National*, NO. 97-2263, United States Court of Appeals, Eleventh Circuit., Sept 19, 1997, Appeal From: M.D.Fla. , No.99501210CIVJ20B, 1, Affirmed., *, Fed.R.App.P. 34(a); 11th Cir.R. 34-3

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v. Lu, 97-2202 (1997)

Selya and Stahl, Circuit Judges.Friedrich Lu on brief and petition for mandamus pro se.Per Curiam.court could not enjoin enforcement of the state court order.

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v. Lu, 97-2202 (1997)

___________, Selya and Stahl, Circuit Judges.Friedrich Lu on brief and petition for mandamus pro se.Per Curiam.court could not enjoin enforcement of the state court order.

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Zaki v. Mutual of NY, 97-2054 (1997)

THE GREAT WEST-LIFE ASSURANCE, ET AL.OMAR S. ZAKI, M.D.CROWN LIFE INSURANCE, ET AL.and Lynch, Circuit Judge.for appellee Mutual Life Insurance Company of New York.

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Zaki v. Mutual of NY, 97-2053 (1997)

THE GREAT WEST-LIFE ASSURANCE, ET AL., Joseph F. Ryan, BBO and Lyne, Woodworth Evarts LLP, on brief, for appellee Mutual Life Insurance Company of New York. Omar S. Zaki appeals from summary, judgments entered in favor of six insurance companies and, dismissing Zaki's counterclaims.

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Champion Products v. Silver, 97-2006 (1997)

Defendant, Appellant.____________________, and Boudin, Circuit Judge.of discretion in the calculation of damages.Wheeler, 814 F.2d 812, 821 (1st Cir.or disallow the fee award, as that case recommends.time records.pursuing the claim against Silver.opportunity to respond to plaintiff's submissions.

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Barbioni v. United States, 97-1983 (1997)

UNITED STATES OF AMERICA, ET AL.and Boudin, Circuit Judge.appellant.Department of Justice, Civil Division, on brief for appellees.falls squarely within the discretionary function exception.See, e.g., Horta v. Sullivan, 4 F.3d 2, 21 (1st Cir.of a target's FTCA claim.

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Barbioni v. United States, 97-1983 (1997)

UNITED STATES OF AMERICA, ET AL.Joseph M. Jabar and Daviau, Jabar Batten on brief for, _________________ _________________________, appellant.discretionary function. Thus, the district court's, Judgment was a final judgment, as required by 28 U.S.C. , 1291.of a target's FTCA claim.

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