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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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99-1584 (2004)

as a plaintiff. 1831, 152 L. Ed. 2d 944 (2002) (Festo II)., 80, Following our decision in Insituform II, the district court, over the objection of defendants, chose to allow only limited discovery to address the issue of damages, instead of again opening up trial proceedings., 850 F.2d at 669.

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United States v. Objio, 98-2274 (2004)

Francisco Objio on brief pro se., Donald K. Stern, United States Attorney, Mark W. Pearlstein, and Allison D. Burroughs, Assistant U.S. Attorneys, on brief for, appellee.crime (i.e., possession of cocaine with intent to distribute).Objio was contributing a portion of the purchase price.

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19-2028 (2004)

360 F.3d 42, Pedro COSME-ROSADO; Because the court determined that the plaintiffs had failed to provide a supported factual basis for their claims against Serrano, it deemed admitted the properly supported facts set forth in Serrano's statement.), and summary judgment rightly followed.

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Ovalle Marquez v. United States, 19-1140 (2004)

Selya and Lipez, Circuit Judges.Luis E. Ovalle-Marquez on brief pro se.Assistant United States Attorney, and Thomas F. Klumper, Assistant, United States Attorney, on brief for appellee. denied, 537 U.S. 895 (2002), Ashley v., United States, 266 F.3d 671, 673 (7th Cir.

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In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity Company, 18-2055 (2004)

391 F.3d 190, In re: COMBUSTION ENGINEERING, INC.First State Insurance Company; Nor did the Bankruptcy Court formally appoint a separate representative to act on behalf of future asbestos claimants asserting non-derivative claims against Basic and Lummus. 2258, 110 L. Ed. 2d 46 (1990).

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Fit Tech, Inc. v. Bally Total Fitness, 18-1388 (2004)

case because of the Price Waterhouse remedy. A, merger clause does not incorporate other, contracts by reference, rather, a merger, clause negates the impact of earlier, negotiations and contract drafts, and states, that the written contract is the complete, expression of the parties' agreement.

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Unknown case name, 08-1823 (2004)

EMILY MCINTYRE, as Administrator of the Estate of John L., McIntyre;H. PAUL RICO; JOHN MORRIS; JOHN J. CONNOLLY; RODERICK KENNEDY;, ROBERT FITZPATRICK; JAMES AHEARN;, KEVIN J. WEEKS; JAMES J. BULGER; STEPHEN FLEMMI; JOHN V. MARTORANO;On page 46, line 9, Roger should be replaced with David

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Rossello-Gonzalez v. Calderon, 04-2610 (2004)

, Here, however, the Rosselló Plaintiffs' claim that the, Commission's change in the rules after the election somehow, diluted their vote for their political party of choice is without, merit because there was no clear rule prior to the election that, the three-mark split ballots were invalid.

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Igartua-De-La-Rosa v. United States, 04-2186 (2004)

However, said citizens continue to be represented in Congress on an unequal footing with the U.S. citizens residing in the States, as are, of course, the United States citizens of Puerto Rico.

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Cuevas v. Derosa, 04-2066 (2004)

DEROSA, Warden, FCI, Ft. Dix, Respondent. See Simpson v. United States, 376 F.3d 679, 681-82 (7th Cir.2004);, 3, Of course, if the Supreme Court in the future makes Blakely retroactive, the petitioner may at that time attempt to assert a claim by means of a second or successive 2255 petition.

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Esso Standard Oil v. Mujica Cotto, 04-2055 (2004)

389 F.3d 212, ESSO STANDARD OIL CO. (Puerto Rico), Plaintiff, Appellant, v.Esteban Mujica COTTO, President of the Puerto Rico Environmental Quality Board; Esso now appeals. 2172 and 2173 require Esso to ask the Board members to recuse themselves before it seeks review of its bias claim.

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Bl(a)ck Tea Society v. City of Boston, 04-2002 (2004)

378 F.3d 8, BL(A)CK TEA SOCIETY, Plaintiff, Appellant, v.CITY OF BOSTON, Defendant, Appellee. U.S. Const. Event Specific Intelligence, 31, The district court justified the security measures at issue here on the basis of past experience at comparable events, including the 2000 DNC in Los Angeles.

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04-20001 (2004)

, B., 5, The Newby defendants include a number of AWSC Member Firms, including Arthur Andersen LLP (Andersen U.S.), an entity not party to the Partial Settlement.7, 11, (4) the establishment of a $15 million fund for future court-approved class litigation expenses (the Litigation Expense Fund);

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Ponta-Garca v. Ashcroft, 04-1968 (2004)

, 5, The following day, on May 25, 2004, another immigration officer (Agent Riccio) signed a box at the bottom of Form I-871 endorsing a pre-printed Decision, Order, and Officer's Certification that the petitioner was subject to removal through reinstatement of the earlier deportation order.

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United States v. Philip E. Watson and Shane E. O'Hearn, 04-1913 (2004)

Spera testified on February 25. And, finally, in United States v. DeCologero, 364 F.3d 12, 21-22 (1st Cir.2004), we allowed an immediate appeal from an order bifurcating a criminal trial, which, in integral part, forbade the government from using certain evidence in the initial trial.

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United States v. Figueroa-Zapata, 04-1823 (2004)

Torruella and Howard, Circuit Judges.Maria H. Sandoval on brief for appellant.Assistant United States Attorney, on brief for appellee.denying the request for pre-trial release.court's decision that Figueroa had not overcome the presumption.to file certified translations in support of his appeal.

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McClure v. Galvin, 04-1803 (2004)

, 21, McClure argues that the scheme forces him to make a difficult choice between two crucial rights, voting and running for office, because the scheme does not allow him, within a ninety-day period, both to run for state senate as an independent and to vote in a party's presidential primary.

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Howard v. Surface Transport, 04-1800 (2004)

, LYNCH, Circuit Judge. The trustee argues, for example, that if the debtor wants to abandon its own underlying rail lines, the bankruptcy court could not grant this abandonment until the debtor first sought an application with the STB to discontinue the overlying trackage rights of a non-debtor.

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Cox v. Maine State Police, 04-1761 (2004)

391 F.3d 25, John E. COX III, Plaintiff, Appellant, v.John HAINEY, Defendant, Appellee. Rivera, 979 F.2d at 263. 1284, 1293-94, 157 L. Ed. 2d 1068 (2004) (holding that qualified immunity could not shield an officer from liability for actions predicated upon an obviously deficient arrest warrant).

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Littlefield v. Acadia Insurance, 04-1751 (2004)

Bake Shop, 736 A.2d at 460., 2, Littlefield was permitted in state court to name Hartman, with her consent, as a defendant in his declaratory judgment action because she had standing under New Hampshire state law to contest Acadia's denial of coverage to Littlefield under the insurance policy.

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