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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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Soares v. Brockton, 98-9013 (1998)

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Soares v. Brockton, 98-9013 (1998)

Circuit Judges.Napoleon G. Soares on brief pro se.107 F.3d 969 (1997).foreclosure sale.pending appeal of the bankruptcy court's ...renders moot any appeal.rule, see, e.g., In re Mann, 907 F.2d 923, 926 (9th Cir.only after the second judgment was obtained.order of dismissal is affirmed.

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Bank of Boston v. Burr, 98-9007 (1998)

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Bank of Boston v. Burr, 98-9007 (1998)

160 F.3d 843, 41 Collier Bankr.Cas.2d 42, Bankr. Chapter 7 debtors do not, of course, enjoy a freestanding right under the Bankruptcy Code to retain property securing a consumer debt merely by keeping current on their payments under old loan agreements. they are enforceable only under state law.

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In Re: v. Jung, 98-9005 (1998)

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In Re: v. Jung, 98-9005 (1998)

DANIEL BRITTON, ET AL.Selya and Stahl, Circuit Judges.Mel Dahl on Motion for Waiver of Filing Fee for debtor.Filing Fee for appellees Robert and Peter Foster.Per Curiam.request to proceed IFP is denied and the appeal is dismissed.

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Sanford Institution v. Gallo, 98-9004 (1998)

156 F.3d 71, 33 Bankr.Ct.Dec. These same facts thus should be regarded as adequate to ground the trial court's determination that Normand did not justifiably rely on Gallo's forgery because Normand effectively ignored a warning that Gallo had forged his wife's signature to the loan documents.

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Sanford Institution v. Gallo, 98-9004 (1998)

Unlike the majority, I would leave intact the ruling of the bankruptcy court, affirmed by the bankruptcy appellate panel, that SIS, acting through Roger Normand, did not justifiably rely upon Gallo's false affixation of his then-wife's signature to the loan documents.

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Lamanna v. First, 98-9003 (1998)

The bankruptcy court sua sponte dismissed Lamanna's petition as a substantial abuse of Chapter 7 based on the finding that Lamanna had sufficient disposable income to pay off his debts under a Chapter 13 payment schedule. Krohn, 886 F.2d at 126; Costs are awarded to the United States Trustee.

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Lamanna v. First, 98-9003 (1998)

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Birch v. Choinski, 98-9001 (1998)

EDWARD J. CHOINSKI, ET AL.Appellees.and Boudin, Circuit Judge.Richard J. Birch on brief pro se.Choinski and Mildred B. Choinski.Per Curiam.record, we conclude that this appeal has no merit.bankruptcy trustee;appellant's remaining claims under Massachusetts law.

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Birch v. Choinski, 98-9001 (1998)

, v., EDWARD J. CHOINSKI, ET AL.and Boudin, Circuit Judge.Richard J. Birch on brief pro se., Richard S. Hackel on brief for debtors/appellees Edward J., Choinski and Mildred B. Choinski.Per Curiam. and the bankruptcy court properly dismissed, appellant's remaining claims under Massachusetts law.

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98-7500 (1998)

, United States Court of Appeals, Second Circuit. No ruling was made either on First American's theory that Price Waterhouse is a worldwide partnership in fact, or on First American's request for discovery addressed to that issue. 249, 83 L. Ed. 2d 186 (1984).

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West v. First Allmerica, 98-60167 (1998)

167 F.3d 538, Westv.First Allmerica*, NO. 98-60167, United States Court of Appeals, Fifth Circuit., December 23, 1998, 1, Appeal From: S.D.Miss. , No.2:96-CV-454-PG, 2, Affirmed., *, Fed.R.App.P. 34(a); 5th Cir.R. 34-2

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National Enterprises, Inc. v. First Western Financial Corporation, a New Mexico Corporation Howard T. Van Pelt and James E. Haworth, 98-2176 (1998)

10th Cir.R. In 1989, Sandia failed., 9, In July 1992, the RTC, Las Lomas (as represented by First Western and the VMH general partnership), and the individual guarantors entered into a settlement agreement (the Agreement) to compromise doubtful and disputed claims, avoid litigation and buy peace.

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Microsoft Corp. v. United States, 98-2133 (1998)

United States Court of Appeals For the First Circuit No. 98-2133 IN RE: MICHAEL A. CUSUMANO AND DAVID B. YOFFIE [UNITED STATES OF AMERICA v. MICROSOFT CORPORATION]. In relatively short order, Microsoft's operating systems achieved a preeminent market position. We need go no further.

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Microsoft Corp. v. United States, 98-2133 (1998)

, 5, Microsoft's achievements in the operating systems market have encouraged it to spread its corporate wings., 29, Courts afford journalists a measure of protection from discovery initiatives in order not to undermine their ability to gather and disseminate information.

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Gwendolyn Marie Wilson v. Department of Health and Human Services, Social Security Administration and First Security Bank, 98-2054 (1998)

Ms. Wilson appeals and we affirm. Chemical Weapons Working Group, Inc. (CWWG) v. United States Dep't of the Army, 111 F.3d 1485, 1490 (10th Cir.1997)., 6, We AFFIRM the judgment of the district court for substantially the reasons stated by the court in its order dated January 28, 1998.

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Ocean Spray v. Pepsico, Inc., 98-1948 (1998)

A common example is agreements involving the sale of real property; Without Tropicana, Pepsi's incentives in pricing and promotion of Ocean Spray's covered products are largely aligned with those of Ocean Spray, assuming that the distribution contract was competently drafted.

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William L. Fischbein and Cesar G. Manent, Individually and on Behalf of a Class of Persons Similarly Situated v. First Chicago Nbd Corporation, 98-1889 (1998)

161 F.3d 1104, 22 Employee Benefits Cas. The merger agreement provided that NBD would be the surviving corporation (renamed First Chicago NBD Corporation), but that First Chicago's shareholders would own 51 percent of the corporation's stock and would elect a majority of the board of directors.

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