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United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
12
The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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17
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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20
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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25
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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32
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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41
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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45
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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60
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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67
Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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75
Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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77
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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89
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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93
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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95
Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
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All reporters › F.2d (Federal Reporter, Second Series) › Volume 433 Opinions in F.2d (Federal Reporter, Second Series), volume 433
There is no merit to any of the contentions the defendant raises on this appeal.… 433 F.2d 1 UNITED STATES of America, Plaintiff-Appellee,v.Jackson Edward HOWARD, Defendant-Appellant.… Peter Tarallo appeals from the denial of his petition for habeas corpus by the United States District Court for the Southern District of New York.… Appellant has applied to this court for bail pending appeal.… The National Labor Relations Board petitions for enforcement of its orders requiring respondent V & H Industries, Inc. to cease and desist from certain unfair labor practices, to reinstate with back pay employees William Bieniek, Norman Kwasniewski, James Borowik and Allen Schmidt who were discriminatorily laid off… Bernstein v. Kennelly Page 10 This is a stockholders’ derivative action brought on behalf of Heath Tecna Corporation, to recover profits made by six of its officers in “insider” stock transactions in violation of section 16 (b) of the Securities Exchange Act of 1934, 15 U.S.C.… Plaintiff, Evelyn Frist, appeals from the district court’s order granting a motion for a directed verdict for the defendants, a law firm and its individual partners, at the close of the plaintiff’s evidence in an action for damages allegedly flowing from defendants’ professional negligence and malpractice.… This appeal is taken from an order of the District Court denying the petition of a federal convict for the writ of habeas corpus.… 433 F.2d 13 Anthony J. BLANCHARD, Petitioner-Appellant,v.UNITED STATES of America, Respondent-Appellee.… John Henry Gay, Sr. v. Ben Grace Page 14 Plaintiff-Appellant alleged that the defendants fraudulently represented that they would make him a loan to pay off a secured debt on his real property to avoid foreclosure.… John Henry Gay, Sr. v. Ben Grace Page 14 433 F.2d 14 John Henry GAY, Sr., Plaintiff-Appellant,v.Ben GRACE et al., Defendants-Appellees.… Darl Dee Parker v. United States Page 15 On June 22, 1969, the petitioner (appellant) filed a motion under 28 U.S.C.… This appeal is from a judgment of conviction for the July 26, 1967, armed robbery of the Bank of Greenfield in Greenfield, Wisconsin, in violation of 18 U.S.C.… In this habeas corpus appeal, Petitioner asserts that invalid, pre-Gideon convictions were used to enhance his sentence, contrary to the dictates of Burgett v. Texas, 1967, 389 U.S. 109, 88 S.Ct.… Sierra Club v. Hickel Page 24 This is an appeal from an order of the district court granting a preliminary injunction.… Joseph Cataldo (Cataldo) and James Lucakos (Lucas) 1 appeal from judgments of conviction after trial to court and jury of the crimes of conspiracy and receiving and selling securities of a value in excess of $5,000 moving in interstate commerce, knowing the securities to have been stolen, 18 U.S.C.… This is an appeal by defendant Borden, Inc. (Borden) from an order of the District Court directing the parties to proceed to arbitration.… United States v. Philip Peltz Page 48 After trial in the District Court for the Southern District of New York, Philip Peltz, an attorney, was convicted on the four counts of an indictment which Judge Weinfeld submitted to the jury.… This appeal presents important issues concerning the doctrines of patent misuse and licensee estoppel.… Plaintiff, White’s Farm Dairy, Inc., (White’s), the owner and operator of a large dairy farm, brought this diversity action against the defendant, a manufacturer of milking equipment.… Wade v. Carsley Page 68 These appeals were consolidated for the purpose of argument.… Nick Andros v. Craig W. Rupp Page 70 This is an action to enjoin the defendant, Craig W.… Gooch v. Clark Page 74 The central issue on appeal is this: Does the 1952 Immigration and Nationality Act, as amended in 1965, close our international borders to “alien commut*76ers”, numbering some 30,000 to 40,000 persons?… Box v. South Georgia Railway Co. Page 89 South Georgia Railway Company, a Georgia corporation, (Railway) appeals from a jury verdict and judgment against it in this diversity case brought under the Florida Death by Wrongful Act Statutes, F.S.A.… United States v. Tanker Monsoon Page 95 The night of April 9-10, 1969 the M/V MONSOON discharged a cargo of No. 6 Bunker oil at the Sprague Terminal, located on the New Hampshire side of the Piscataqua River at Atlantic Point, some two miles above the Portsmouth Navy Yard.… 433 F.2d 99 SAFEWAY STORES, INCORPORATED, a corporation, Plaintiff-Counter-defendant-Appellant,v.SAFEWAY QUALITY FOODS, INC., a corporation; Safeway of Brownsburg, Inc., a corporation; Supermarket Developers, Inc., a corporation; Michael DeFabis, Jr.; Philip DeFabis; Julius DeFabis; Ernest DeFabis and Roy M.… This suit is based on alleged trademark infringement and related unfair competition.… Defendant-appellant, Chesapeake and Ohio Railway Company (Railway), appeals from a jury award of $75,000 in favor of plaintiff-appellee, Jerome C.… Appellants are apprentices in a program run by appellee, General Electric Company.… United States v. William M. Trotter Page 113 Defendant-appellant, William Trotter, was convicted in a jury trial on a three-count indictment which charged Mr. Trotter and a co-defendant, Barney J.… Garner v. Wolfinbarger Page 117 Plaintiffs sued the corporation in which they are shareholders, and various of the corporate directors, officers and controlling persons, claiming violations of *119federal and state securities laws, fraud and other wrongs.… Shiflett v. Virginia Page 124 In Nelson v. Peyton, 415 F.2d 1154 (4 Cir. 1969), we held that an accused’s right to counsel was violated when, after conviction, his attorney failed to advise him of his right to appeal and the manner and time in which to appeal.… This action was brought under the antitrust laws of the United States, 15 U.S.C.A.… Johnny M. Gardner v. Louie L. Wainwright, Director, Division of Corrections, State of Florida Page 137 Petitioner, a Florida convict, appeals from an order of the district court denying without a hearing his petition for habeas corpus relief.… Johnny M. Gardner v. Louie L. Wainwright, Director, Division of Corrections, State of Florida Page 137 433 F.2d 137 Johnny M. GARDNER, Petitioner Appellant,v.Louie L.… OPINION OF THE COURT The Securities and Exchange Commission applied to the district court pursuant to § 11(e) and § 18(f) of the Public Utility Holding Company Act, 15 U.S. C.… 433 F.2d 141 Ladell BARRETT, Plaintiff-Appellant,v.BROWNING ARMS COMPANY, a corporation, Defendant-Appellee.… This is -an appeal from an order adopting a report by a referee in bankruptcy, sitting as a special master.… On September 13, 1967, two months prior to the filing of the involuntary Chapter X proceedings involved in Federal Shopping Way, Inc., 433 F.2d 144 (9th Cir., September 28, 1970), the Securities and Exchange Commission filed a complaint charging appellants, Federal Shopping Way, Inc. and its chief executive officer, J.… United States v. Frank Smith Page 149 Appellant Frank Smith comes before this Court with several attacks upon a denial by the district court of his motion for new trial.… This appeal tests the validity of a judgment entered against Hartford Fire Insurance Company on two insurance policies issued by it on April 1, 1965, for a one-year period.… United States v. Thomas E. Capocci Page 155 After a trial by jury, the defendant Capocci was convicted of passing and uttering a counterfeit $10 Federal Reserve Note with intent to defraud, in violation of 18 U.S.C.… Under the Federal Power Act, section 301, 16 U.S.C.… David W. Olney v. United States Page 161 Petitioner-appellant Olney was convicted of nine counts under an indictment charging him with possession, etc., of heroin in violation of the Federal narcotics laws.… 433 F.2d 164 UNITED STATES of America, Appellee,v.M/V MARILENA P and her appurtenances, in rem, and MarilenaCompania Naviera, S.… 433 F.2d 174 1970 Trade Cases P 73,331 UNITED STATES of Americav.AMERICAN RADIATOR & STANDARD SANITARY CORPORATION, KohlerCo., Crane Co., Wallace-Murray Corporation, Universal-RundleCorporation, Rheem ManufacturingCompany, Borg-WarnerCorporation, Briggs Manufacturing Company,PlumbingFixtureManufacturers… 433 F.2d 174 UNITED STATES of Americav.AMERICAN RADIATOR & STANDARD SANITARY CORPORATION, Kohler Co., Crane Co., Wallace-Murray Corporation, Universal-Rundle Corporation, Rheem Manufacturing Company, Borg-Warner Corporation, Briggs Manufacturing Company, Plumbing Fixture Manufacturers Association, Joseph J.… dissenting in Appeal Numbers 18183 and 18187.… This case arises out of a collateral issue to an unfair labor practice proceeding presently in progress before the National Labor Relations Board.… This is a consolidated appeal by the United States in its capacity as a shipper (No. 19,863) and by other intervening .shippers (No. 19870) (hereinafter collectively referred to as shippers) from the judgment of a Three-Judge District Court in the District of Minnesota denying them restitution for excessive rates… 433 F.2d 212 MIDDLEWEST MOTOR FREIGHT BUREAU et al., Appellees,v.UNITED STATES of America, Appellant.MIDDLEWEST MOTOR FREIGHT BUREAU et al., Appellees,v.NATIONAL SMALL SHIPMENTS TRAFFIC CONFERENCE, INC., et al., Appellants.… Bobby Gene Johnson v. United States Page 245 In this cause appellant attacks as erroneous the district court’s finding that he was mentally competent at the times he committed certain crimes, waived counsel and pleaded guilty.… The problem here is whether a jury, required under the classic test for estoppel to decide whether a party has been misled into action by the adversary, is entitled to know the facts bearing upon who the real party is.… Yvadne J. Anderson v. Robert Finch, Secretary of the Department of Health, Education and Welfare Page 257 433 F.2d 257 Yvadne J. ANDERSON, Appellant,v.Robert FINCH, Secretary of the Department of Health, Education and Welfare, Appellee.… 433 F.2d 264 13 A.L.R.Fed. 687, Fed. Sec. L.… In an extremely complex factual setting, we would face here the often equally complex question of removal.1 In Louisiana garnishment proceedings, the Court below refused to remand the case to the state Court and on the merits dissolved the attachments that it had ordered.… This is an appeal by the Commissioner of Internal Revenue (hereinafter, the “Commissioner”) from a decision of the United States Tax Court determining the basis for the computation of the depletion allowance for income tax purposes of the Dow Chemical Company (hereinafter, the “Taxpayer”).… Banks v. Muncie Community Schools Page 292 Plaintiffs brought this class action in the district court alleging racial discrimination and seeking a declaratory judgment and injunction prohibiting the defendants from: (1) constructing a third high school in Muncie, Indiana, which would allegedly upset the current racial balance in the two existing schools; (2)… Plaintiff brought this action against seven named officials of the U.… 433 F.2d 299 Herb BRIDGES, Plaintiff-Appellant,v.INTERNAL REVENUE SERVICE et al., Defendants-Appellees.… This matter comes to the Court on petitioner’s appeal from a decision of the Tax Court denying a petition for a redetermination of income tax deficiencies assessed by the Commissioner of Internal Revenue (see Memorandum Opinion of Tax Court, Docket No. 1473-60, filed September 29, 1969).… Local 134, International Brotherhood of Electrical Workers v. National Labor Relations Board Page 302 Locals 134 and 135, International Brotherhood of Electrical Workers, AFL-CIO, seek to set aside an order of the National Labor Relations Board wherein the unions are ordered to cease and desist from engaging in secondary boycott activity in violation of the provisions of section 8(b) (4) (i) and (ii) (B) of the… The Securities and Exchange Commission appeals from an order of the United States District Court for the Western District of Oklahoma setting aside a permanent injunction which had been *305 entered against Jan-Dal Oil & Gas, Inc., and E.… Walker was convicted below, after a jury trial, under a two-count indictment.… In this petition, the National Labor Relations Board again seeks enforcement of its order of June 14, 1967, requiring respondent Pembek Oil Corp. (Pembek) to bargain with representatives of Local Union 677, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Union).… The Commissioner of Internal Revenue appeals from a decision of the Tax Court, which held that a distribution of funds by a corporation wholly-owned by appellee, Henry C.… State Farm Mutual Automobile Insurance Company brought this declaratory judgment action, seeking an adjudication of the respective liability of it and Travelers Indemnity Company on public liability policies issued to separate parties.… Appellants were convicted after trial in the Eastern District of New York before a jury and Judge Rosling on four counts of an indictment, charging them with importing, receiving, concealing and facilitating the transportation of narcotic drugs in violation of 21 U.S.C.… We adopt and affirm the opinion of the District Court, a copy of which is appended hereto.… 433 F.2d 315 Hulon COOPER, Plaintiff-Appellant,v.Robert H.… John Tennie Sapp v. Louie L. Wainwright, Director, Division of Corrections, State of Florida Page 317 John Tennie Sapp, a Florida state prisoner, appeals from.… John Tennie Sapp v. Louie L. Wainwright, Director, Division of Corrections, State of Florida Page 317 433 F.2d 317 John Tennie SAPP, Petitioner-Appellant,v.Louie L.… Appellant brought this civil rights damage action under 42 U.S.C.… United States v. Herbert Waldo Knight, Jr., Ronald Albert Mitskus, Herbert Waldo Knight, Jr. Page 320 OPINION OF THE COURT Appellant was indicted for conspiring to transport a stolen motor vehicle in interstate commerce knowing it to have been stolen, 18 U.S.C.… United States v. Donald John Gambert Page 321 Donald John Gambert was convicted on August 2, 1968, of interstate transportation of a stolen motor vehicle in violation of the Dyer Act, 18 U.S.C.… This medical malpractice case presents important questions of federal diversity jurisdiction as well as a few evidentiary points controlled by Texas law.… United States v. Gerald Elman Page 332 This is an appeal from a judgment wherein defendant was convicted upon trial by jury of eight counts of violation of Title 18, U.S.C.A.… United States v. Terry Fenton Harris Page 333 The defendant appeals from his conviction for conspiracy to make false bank entries (18 U.S.C.… Zavala appeals from an order denying him leave to file in forma pauperis a habeas petition challenging his state court conviction for violating sections 11500.5 and 11530 of the California Health and Safety Code (possession of heroin for sale and possession of marihuana).… OPINION OF THE COURT Defendant Kane was convicted by a jury in the United States District Court for the Eastern District of Pennsylvania on two counts of an indictment 1 2 charg-ing that the defendant caused false bail to be entered and acknowledged in violation of 18 U.S.C.… These are appeals from convictions of theft from an interstate shipment and possession of goods stolen from an interstate shipment.… United States v. James Willie Smith Page 341 This appeal is taken from a conviction of interstate transportation of firearms in violation of 15 U.S.C.A.… In the course of Boone’s trial for armed robbery and burglary the prosecution introduced into evidence a jacket and some .38-ealiber shells found during a search of his automobile.… This appeal is from a judgment of conviction entered on a jury verdict of guilty following appellant’s trial on charges of causing forged securities to be transported in interstate commerce.… The A. Moresi Co., Ltd., Petitioner-Cross v. The National Labor Relations Board, Respondent-Cross Page 344 433 F.2d 344 75 L.R.R.M. (BNA) 2464, 64 Lab.Cas.… Enforced. See Local Rule 21.1 . See NLRB v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F.2d 966. 433 F.2d 345 James R. MIMS, Plaintiff-Appellant,v.SOUTHERN RAILWAY COMPANY, Defendant-Appellee.… Mims v. Southern Railway Co. Page 345 Affirmed. See Local Rule 21.1 . See N.L.R.B.… The decision of the District Court in this case is reported at 310 F.Supp. 517.… 433 F.2d 346 Terrell SMITH, Plaintiff-Appellant,v.Robert H.… Smith v. Finch Page 346 Affirmed. See Local Rule 21.1 . See NLRB v. Amalgamated Clothing Workers of America, 5 Cir. 1970, 430 F.2d 966. Wilfred Charles Lahaye v. The Dow Chemical Company, Inc., and the American Insurance Company Page 347 433 F.2d 347 Wilfred Charles LaHAYE, Plaintiff-Appellant,v.The DOW CHEMICAL COMPANY, Inc., and the American InsuranceCompany, Defendants-Appellees.… 433 F.2d 347 CENTRAL SOYA OF CANTON, INC., Petitioner-Cross-Respondent,v.NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.… Enforced. See Local Rule 21.1 . See NLRB v. Amalgamated Clothing Workers of America, etc., 430 F.2d 966 [5 Cir., August 12, 1970]. LaHaye v. Dow Chemical Co. Page 347 Affirmed. See Local Rule 21.1 . See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966. Foster v. Maldonado Page 348 MEMORANDUM ORDER This matter comes before the Court on the petition of defendant, Ruben Dario Maldonado, for leave to take an interlocutory appeal pursuant to 28 U.S. C.… 433 F.2d 349 UNITED STATES of America, Plaintiff-Appellee,v.Roosevelt Nick LOWE, Jr., Defendant-Appellant.… The opinion and judgment of the Court dated October 6, 1970 is withdrawn and the following is substituted therefor: A defendant charged with the interstate transportation of a stolen motor vehicle in violation of 18 U.S.C.A.… United States v. Richard Sonny Nero Page 350 Nero appeals from his conviction on two counts charging him with the unlawful sale of heroin.… United States v. Ishman Harris, Sr. Page 350 433 F.2d 350 UNITED STATES of America, Plaintiff-Appellee,v.Ishman HARRIS, Sr., Defendant-Appellant.… United States v. Harris Page 350 Affirmed. See Local Rule 21.1 . See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970). These appeals arise out of diversity suits for damages wherein jury verdicts were rendered for defendant.… 433 F.2d 351 Walter L. WARFIELD, Plaintiff-Appellant,v.ARKANSAS-BEST FREIGHT SYSTEM, INC., Defendant-Appellee.Shilo BROWN, Jr., Plaintiff-Appellant,v.ARKANSAS-BEST FREIGHT SYSTEM, INC., Defendant-Appellee.… This appeal was taken from a judgment entered in the United States District Court for the Northern District of Oklahoma adverse to appellant on a claim for damages for personal injuries suffered and caused by the alleged negligence of the appellee railroads.… Howard Press v. United States Page 354 OPINION OF THE COURT Appellant was indicted in 1965 for conspiracy to violate the Federal Food, Drug and Cosmetic Act, 21 U.S.C.… This is another haircut ease. The recent decisions of this court have pointed to the necessity that before the federal courts intervene in cases such as this there must be “such prior reference to local institutional authority as may be necessary to assure that the action complained of is final within the institution… 433 F.2d 355 Neale WOOD, a minor, by his mother and next friend, KatrinaWood, Plaintiffs-Appellants,v.ALAMO HEIGHTS INDEPENDENT SCHOOL DISTRICT et al.,Defendants-Appellees.… 433 F.2d 356 NEW YORK CREDIT MEN'S ADJUSTMENT BUREAU, INC., as Assigneefor the benefit of creditors of Sportone, Inc.,Plaintiff-Appellant,v.Jose HEIBLUM, Defendant-Appellee.… 433 F.2d 356 NEW YORK CREDIT MEN'S ADJUSTMENT BUREAU, INC., as Assignee for the benefit of creditors of Sportone, Inc., Plaintiff-Appellant,v.Jose HEIBLUM, Defendant-Appellee.… Affirmed. See Local 21.1 . See NLRB v. Amalgamated Clothing Workers of America, 5th Cir., 1970, 430 F.2d 966. Affirmed. See Local Rule 21.1 . See N.L.R.B.… Willie Eddie Edwards appeals from his conviction, after a jury trial, on all four counts of an indictment charging that, on November 30, 1968, he possessed, concealed, uttered and published counterfeit Federal Reserve notes, in violation of 18 U.S.C.… Schiener v. Post Page 357 Affirmed. See Local Rule 21.1 See also Herpieh et al.… Moolenaar v. Todman Page 359 433 F.2d 359 Jessica Tutein MOOLENAAR et al.v.Henrita TODMAN, Supervisor of Elections, et al.… Moolenaar v. Todman Page 359 *4OPINION OF THE COURT The Order of the District Court of the Virgin Islands dated September 18, 1970 and entered September 22,1970, will be reversed for these reasons: (1) Injunctive relief in the period between the September 8, 1970 election and the general election to be held November 3, 1970 which would produce a… Alexander appeals from an order denying him leave to file a Civil Rights Act complaint in forma pauperis, charging that the Adult Authority’s power to redetermine his sentence violates his constitutional rights.… ORDER This Court granted enforcement of the Board’s Order in 404 F.2d 1097 (1968) .… The jury rendered a verdict for defendants in plaintiff’s suit for damages sustained when plaintiff’s vehicle collided with the rear of defendants’ truck while it was either stopped on the right hand side of a three-lane highway or moving slowly to return to a position of being fully on the highway.… The National Labor Relations Board seeks enforcement of its orders issued *364 against the respondent, Davis Transport, Inc. The Board’s Decision and Order issued on January 31, 1968, is reported at 169 N.L.R.B.… United States v. Worthy Curt Pogue Page 363 433 F.2d 363 UNITED STATES of America, Plaintiff-Appellee,v.Worthy Curt POGUE, Defendant-Appellant.… United States v. Worthy Curt Pogue Page 363 433 F.2d 363 UNITED STATES of America, Plaintiff-Appellee,v.Worthy Curt POGUE, Defendant-Appellant.… United States v. Pogue Page 363 Affirmed. See Local Rule 21.1 See also Brown v. United States, 5 Cir., 1968, 401 F.2d 769; Anderson v. United States, 5 Cir., 1968, 403 F.2d 206; Shoffeitt v. United States, 5 Cir., 1968, 403 F.2d 991, cert.… Trigg v. Moseley Page 364 Appellant Trigg, a prisoner in the United States Penitentiary at Leavenworth, Kansas, appeals from the denial of his habeas corpus petition seeking removal of a detainer lodged against him by the State of Tennessee.… 433 F.2d 367 L. E. COGGINS, Plaintiff-Appellee-Cross Appellant,v.Harold MONTGOMERY, Defendant-Appellant-Cross Appellee.… 433 F.2d 367 Fed. Sec. L. Rep. P 92,831Mabel D.… 433 F.2d 367 Mabel D. GARDNER, Plaintiff-Appellant,v.SHEARSON, HAMMILL & COMPANY, Defendant-Appellee.… Coggins v. Montgomery Page 367 Affirmed. See Local Rule 21.1 . See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970). Gardner v. Shearson, Hammill & Co. Page 367 Claiming that she sustained losses in certain stock transactions due to defendants’ misrepresentations, Mrs. Gardner sought recovery under the Securities Exchange Act of 1934.… On July 31, 1969, a Special Agent of the Bureau of Narcotics obtained a search warrant from a United States Commissioner in Portland, Oregon, and on that day, as authorized by the warrant, searched the residence, garage and curtilage at 5116 S.W.… The appended opinion of Judge Russell is adopted as the opinion of this Court, and the judgment is affirmed.… 433 F.2d 376 Fed. Sec. L. Rep. P 92,843SECURITIES AND EXCHANGE COMMISSION, Appellee,v.CHARLES PLOHN & CO., Appellants.… United States v. Robert Edward Reeb Page 381 Robert Edward Reeb appeals from his conviction for refusing to submit to induction in violation of 50 U.S.C.… 433 F.2d 386 Eugene N. COOKMEYER, Plaintiff-Appellant,v.LOUISIANA DEPARTMENT OF HIGHWAYS, Defendant-Appellee.… The plaintiff-appellant fell from his motorcycle while crossing a pontoon bridge on a state highway.… 433 F.2d 387 Rebecca E. HENRY et al., Plaintiffs-Appellants-Cross-Appellees,v.The CLARKSDALE MUNICIPAL SEPARATE SCHOOL DISTRICT et al., Defendants-Appellees-Cross-Appellants.… United States v. Theodore Webb Page 400 Defendant was indicted on March 14, 1968, for transporting a motor vehicle in interstate commerce, knowing the same to have been stolen, in violation of the Dyer Act, 18 U.S.C.… The question for decision is whether the Secretary of Health, Education, and Welfare, in paying disability benefits to a claimant who is also receiving workmen’s compensation benefits, must take into account medical expenses not reimbursable under the state compensation statute.… 433 F.2d 405 Henry IGLINSKY, Jr., Plaintiff-Appellant,v.Elliot L.… After a non-jury trial of this copyright infringement action in the United States District Court for the Southern District of New York before Harold R.… United States v. Frank A. Jaskiewicz Page 415 OPINION OF THE COURT This is an appeal from a sentence following a jury verdict of guilty on one count of a four count indictment charging appellant with attemping to evade a portion of his income tax for the years 1960 through 1963.… Following rejection of his application for employment and exhaustion of administrative remedies, Arthur Ray Par-ham commenced this suit under Title VII of the Civil Rights Act of 1964, 42 U.S. C.A.… United States v. Richard John Goeden Page 430 A store detective arrested this appellant in the State of Florida for passing, uttering and possessing counterfeit twenty dollar Federal Reserve Notes, with intent to defraud, Probable cause for the arrest is plainly evident from the record.… United States v. Richard John Goeden Page 430 433 F.2d 430 UNITED STATES of America, Plaintiff-Appellee,v.Richard John GOEDEN, Defendant-Appellant.… This is a strange and disturbing case. Appellant Orville Stifel, was indicted for violating 18 U.S.C.… United States v. Joel Rubin Page 442 Joel Rubin is again before us 1 on matters arising from his conviction on *444 five counts of forging endorsements on certain Series E United States Treasury Bonds.… United States v. Joel Rubin Page 442 433 F.2d 442 UNITED STATES of America, Plaintiff-Appellee,v.Joel RUBIN, Defendant-Appellant.… The facts in this non-jury admiralty suit seeking maintenance and cure, damages for failure to pay maintenance and cure, and attorney’s fees are not in dispute.… Isenberg v. Prasse Page 449 OPINION OF THE COURT This is an appeal from an order of the district court denying plaintiff’s motion for leave to proceed in forma pauperis to file a civil rights complaint.… This case is before the Court on the petition of the company to review and on the.… United States v. Aubrey Wharton Page 451 Appellant was indicted and tried on counts of first degree murder 1 and carrying a dangerous weapon without a license.… 433 F.2d 461 John H. VERKOUTEREN, Petitioner,v.DISTRICT OF COLUMBIA, Respondent.Herman OSHINSKY, Petitioner,v.DISTRICT OF COLUMBIA, Respondent.Mary OSHINSKY, William Oshinsky and Clara Sennet, Executors of the Estate of Charles Oshinsky, Deceased, Petitioners,v.DISTRICT OF COLUMBIA, Respondent.William OSHINSKY… Verkouteren v. District of Columbia Page 461 *463ON REHEARING EN BANC Before FAHY, Senior Circuit Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON and ROBB, Circuit Judges, sitting en banc.… Atchison v. Hall Page 479 Florence Voelzel Kerr, an attorney, died on April 18, 1966, domiciled in the District of Columbia.1 She left a considerable estate in personalty,2 and a will, dated November 12, 1946, which has been admitted to probate in the District.… 433 F.2d 493 139 U.S.App.D.C. 335 UNITED STATES of Americav.James B.… ORDER On consideration of petitioner’s suggestion for rehearing en banc and application for temporary stay, and of the responsive pleadings filed with respect thereto, it is *498 Ordered by the Court, en banc, that petitioner’s suggestion for rehearing en banc and application for temporary stay are denied.… On April 22, 1970, petitioner filed suit in the district court seeking an order in the nature of mandamus against the director and others in the Selective Service System that he was entitled to a statutory I-S deferment under this Court’s decision in Nestor v. Hershey, 138 U.S.App.D.C.… This matter came before the court on petitioner’s motion for expeditious consideration of a request for a stay of an order of the Federal Maritime Commission approving, without a hearing, a pooling agreement among intervenor Japanese shipping operators establishing a three-vessel containership service in the… United States v. Charles R. Howard Page 505 Appellant Charles R. Howard was charged in separate counts, with petit larceny (22 D.C.Code § 2202), unauthorized use of a motor vehicle (22 D.C.Code § 2204) (hereinafter unauthorized use), and interstate transportation of a stolen motor vehicle (18 U.S.C.… ORDER This cause came on for consideration on appellant’s motion for immediate injunctive relief and for summary reversal of the order denying a motion for preliminary injunction, appealed from herein, and the Court heard argument of counsel.… This appeal from the District Court presents a hitherto unresolved question of the amenability of one possessing dual citizenship to the obligations of military service imposed by the Military Selective Service Act of 1967.… The plaintiff, Mr. Donovan, sues for back pay and reinstatement.… ORDER On consideration of petitioners’ motion for a temporary stay pursuant to Title 28 U.S.C.… Hamilton v. United States Page 526 These cases involve four of 16 individuals charged with being members of a highly organized burglary ring in the greater Washington, D.C.… Morris Fuller v. United States Page 533 This appeal from a conviction for narcotics offenses (26 U.S.C.… This appeal from a jury conviction of armed robbery is before us for final resolution after a remand for a supplementary hearing.… This is a civil action based on injuries sustained when plaintiff Robert Graham was arrested for drunkenness in April 1965, and taken to the Ninth Precinct Stationhouse, where he was placed in a crowded cell where another prisoner attacked him with a brutal assault.… United States v. Bobby Bronson Page 537 The District of Columbia is privileged to have the Anacostia Naval Station located within its boundaries.… This case arises on petitions to review and to enforce an order of the National Labor Relations Board against Heck’s Inc., relating to its store at Clarksburg, West Virginia.… Cy Ellis Raw Bar, a Partnership v. District of Columbia Redevelopment Land Agency, a Body Corporate Page 543 This case arises from a frustration for the past ten years of an attempt by Congress, as one aspect of the program of urban renewal within the District of Columbia, administered by the D.C.… United States v. Melvin W. Collins Page 550 433 F.2d 550 UNITED STATES of Americav.Melvin W.… In this appeal John Burch seeks relief from a lower court judgment which held that his membership in appellee, International Association of Machinists and Aerospace Workers (IAM), had been lawfully terminated for nonpayment of dues and that his term as President and General Chairman of the Executive Board of District… Plaintiff-appellant, United Transportation Union (Union), appeals from an order of the district court remanding its dispute with defendant-appellee, Illinois Central Railroad Company (Railroad), to the National Railroad Adjustment Board (Board) for further consideration.… Earl E. Taylor and Ruth E. Taylor, His Wife v. National Trailer Convoy, Inc., a Corporation Page 569 This diversity suit was instituted in the Eastern District of Oklahoma to recover damages for the alleged conversion of a mobile home, for the withholding of its contents, and for damage done to the contents.… Plaintiff brought this action for breach of an oral contract of lifetime employment.… This appeal is from an order of the District Judge refusing to request the Chief Judge of the Circuit to convene a three-judge District Court under 28 U.S.C.… This appeal is taken from an order of the district court denying the petition of a Georgia state convict for the writ of habeas corpus.… 433 F.2d 582 Billy Joe SMITH, Petitioner-Appellant,v.Lamont SMITH, Warden, Georgia State Prison, Respondent-Appellee.… This is a declaratory judgment action brought by appellant National Union Insurance Companies to have determined that the coverage afforded by an insurance policy written for appellee Inland Crude, Inc., did not extend to the appellee under the facts and circumstances involved in a suit filed in the New Mexico State… Sloan v. Tenth School District Page 587 This is an appeal from a judgment of the United States District Court for the Middle District of Tennessee ordering the establishment of a unitary school system in three overlapping school districts in Wilson County, Tennessee.… United States v. Joseph McCarthy Page 591 On March 21, 1968, the defendant was indicted for receiving ‘ a motor vehicle knowing the same to have been stolen, in violation of the Dyer Act, 18 U.S.C.… United States v. Peter J. Pallotta Page 594 On September 20, 1967, defendant was indicted for bank robbery and putting the lives of certain persons in jeopardy by use of a dangerous weapon in violation of 18 U.S.C.… This is an action in which Cooper, an inmate at the United States Penitentiary at Leavenworth, seeks to recover damages for personal injuries allegedly caused by the negligence of prison officials.… Archie Wilson, Jr. v. United States Page 597 This is a similar case to Cooper v. United States, 10 Cir., 433 F.2d 596, this day decided, involving a prisoner injury and filed pro se.… The findings of fact and recommendations of Honorable Dan M.… The findings of fact and recommendations (appended hereto), entered on July 17, 1970 by Honorable Dan M.… The findings of fact and recommendations of Honorable Dan M.… The findings of fact and recommendations of Honorable Dan M.… The findings of fact and recommendations of Honorable Dan M.… The findings of fact and recommendations of Honorable Dan M.… Oran Young v. United States Page 626 This is petitioner Young’s sixth collateral attack on his 1958 sentence imposed in the District of Kansas on a plea of guilty to two separate bank burglary charges — one committed in Kansas, the other in Missouri.… Goodyear Tire & Rubber Co. v. Jones Page 629 (dissenting). I cannot agree with the majority that these lien claims are excluded by the provisions and purposes of the Kansas lien law “as construed and interpreted by the Kansas courts.” I find no sup*633port for the decision in the statutes, cases or underlying policy, and accordingly deem the lower court’s… Petitioner Londono is a native and citizen of Colombia.… United States v. Fred Otis Stanley Page 637 Fred Otis Stanley was convicted by a jury on a two-count indictment charging him with knowingly receiving and selling two stolen motor vehicles, a 1967 Chevrolet Impala and a 1964 Chevrolet Impala, which were moving in interstate commerce, in violation of 18 U.S.C.… United States v. Fred Otis Stanley Page 637 433 F.2d 637 UNITED STATES of America, Plaintiff-Appellee,v.Fred Otis STANLEY, Defendant-Appellant.… OPINION OF THE COURT Appellant taxpayer seeks review, pursuant to 26 U.S.C.… Hugh H. Polk and Deloy D. Polk appeal from their conviction for conspiracy to transport stolen automobiles in interstate commerce.… 433 F.2d 644 UNITED STATES of America, Plaintiff-Appellee,v.Hugh Howard POLK and Deloy Duett Polk, Defendants-Appellants.… The defendant Frank Michael Garrity, Jr., was convicted in a jury trial for failing to comply with an order to report for and submit to induction in the Armed Forces of the United States in violation of 50 U.S.C.… FMC Corp. v. Keizer Equipment Co. Page 654 This is an appeal from an order of the District Court for the Western District of Michigan denying appellant’s motion to intervene in the principal case under Rule 24(b) (2), F.R.Civ.P.… OPINION OF THE COURT Plaintiff, administrator of the estate of the decedent, appeals from the district court’s dismissal of his action because diversity was manufactured and hence would not support the suit under our decision in McSparran v. Weist, 402 F.2d 867 (3 Cir. 1968), cert.… 433 F.2d 659 Lewis Thomas PHILLIPS, Appellant,v.STATE OF NORTH CAROLINA, Appellee.… Phillips v. North Carolina Page 659 In Coleman v. Alabama, 399 U.S. 1, 90 S.Ct.… United States v. Robert L. Samuel Page 663 By order of this Court entered September 15, 1970, 431 F.2d 610, we requested the district judge to supplement the record by filing a statement of all the reasons and facts and matters from which he concluded to require defendant to be tried before a jury wearing handcuffs.… This is an appeal from an order and judgment granting defendants-appellees’ motion for summary judgment and denying plaintiff-appellant’s cross-motion for the same relief, under Rules 12 and 56 of the Federal Rules of Civil Procedure.… United States v. Lloyd Edward Wright Page 671 Lloyd Edward Wright was charged by indictment with robbing the New Age Federal Savings and Loan Association, St. Louis, Missouri, on September 11, 1969 and with assaulting and placing in jeopardy the life of the president of that institution by use of a firearm in violation of 18 U.S.C.… The Metropolitan Realty Corporation appeals from a judgment of the district court dismissing its petition for reorganization filed, under Chapter X of the Bankruptcy Act, 11 U.S.C.… 433 F.2d 676 In the Matter of METROPOLITAN REALTY CORPORATION.Metropolitan Realty Corporation, Petitioner-Appellant.… I. Samuel Berger, Yvette Feinstein and Travis Levy appeal from judgments of conviction entered after a jury trial in the United States District Court for the Southern District of New York.… This trademark infringement action involves the ownership and use in the United States of the “Zeiss” and “Zeiss Ikon” names and marks on optical and mechanical precision instruments.… Hanley v. Chrysler Motors Corp. Page 708 This action, seeking to recover damages from Chrysler Motors Corporation (Chrysler), appellee, was filed on September 28, 1968 by former owners of Chrysler franchises at Alamogordo, New Mexico alleging violations of 15 U.S.C.… The United States issued eight land patents during 1961 to Desert Gold Mining Company, and others, upon proof that gold had been discovered in and upon public land.… United States v. Robert Viggiano Page 716 The appellant ■ Robert Viggiano was convicted on a single charge of possession of stolen goods in violation of Title 18 U.S.C.… John Mikus v. United States Page 719 John Mikus appeals from his conviction on trial to the jury in the District of Connecticut for armed bank robbery.… In this federal income tax ease appellant-taxpayer claims a refund for taxes paid on an alleged constructive dividend which arose when stock was transferred between corporations either owned outright or controlled by the taxpayer.… DeBremaecker v. Short Page 733 This is an appeal from the denial by the District Court for the Southern District of Texas of a preliminary injunction to prohibit the harassment, intimidation and arrest of the appellants, Dr. DeBremaecker, a professor at Rice University, and his daughter Christine, and the purported class they represent while… Harvey Lee Davis v. The Members of Selective Service Board Number 30 of Texas,defendants-Appellees Page 736 The issue here is whether appellant may enjoin his induction into the United States Army on the ground that the local draft board illegally refused to grant him status as a conscientious objector.… Two municipal police officers, Chief Earl Reinbold and Lt.… Carolyn Kiiskila v. Edwin A. Nichols, Clark Clifford, and Headquarters Fifth Army Credit Union Page 745 Plaintiff, Carolyn Kiiskila, brought this action to test the validity under the first and fifth amendments of an order issued by defendant, Colonel Edwin A.… United States v. David J. O'COnnOr Page 752 Defendant was convicted of wilful failure to file income tax returns for the years 1962 and 1963, in violation of 26 U.S.C.… Two decisions of the Tax Court are combined for review.… Appellant was convicted of selling heroin not pursuant to a written order in *761 violation of 26 U.S.C.… ORDER The appeal from the dismissal of the action brought under 15 U.S.C.… Underwood ex rel. Cardwell v. Finch Page 763 We have carefully considered the record and the briefs and appendix filed by the parties.… ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This is a dispute between a surety (Home Indemnity Company) and a financing institution (Abco Finance Company) over funds in the hands of the Government which are admittedly due and payable under a completed government contract.… ON PLAINTIFF’S MOTION AND DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT This is a claim under a Capehart housing contract 1 wherein, because of an unresolved dispute with the Air Force and the Federal Housing Administration over applicable labor rates, the plaintiff contractor’s letter of acceptability was canceled in… ON PLAINTIFFS’ AND DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT This case was referred to Trial Commissioner Louis Spector with directions to prepare and file his opinion on the issues of plaintiffs’ motion and defendant’s cross-motion for summary judgment under the order of reference and Rule 166(c).… Norton appeals from the decision of the Board of Patent Interferences awarding priority to Curtiss of the two counts in interference No. 93,002 involving the applications 1 2 of the two parties.* Curtiss is the senior party because of his earlier filing date.… Ideal Toy Corporation, importer, appeals from the decision and judgment of the First Division, United States Customs Court, 1 which held that the imported merchandise was properly classified and overruled appellant’s three consolidated protests.… This is an appeal from the judgment of the United States Customs Court, Second Division, 1 overruling two consolidated classification protests of appellant.… Application of Raymond J. Heldt Page 808 433 F.2d 808 Application of Raymond J. HELDT.… This is an appeal from the decision of the Patent Office Board of Appeals finally refusing to accord claims 1, 2, 9-12, 19 and 20 in appellants’ application 1 the benefit of an earlier filing date under 35 U.S.C.… 433 F.2d 817 FOOD SPECIALTY CO., Inc., Appellant,v.CATZ AMERICAN CO., Inc., Appellee.… Application of Gerald Houghton Page 820 This appeal is from the decision of the Patent Office Board of Appeals, which affirmed the examiner’s rejection of all claims in appellant's application serial No. 482,389, filed August 25, 1965, for “Fluid Media Craft.” The application is a continuation-in-part of application serial No. 270,890, filed April 5, 1963.… 433 F.2d 821 ARMOUR AND COMPANY, Appellant,v.EMERY INDUSTRIES, INC., Appellee.… On consideration of the transcript of record, the briefs, the arguments on appeal, and our recent decision in Technic, Inc. v. Sel-Rex Corporation, 57 CCPA 873, 419 F.… On consideration of the transcript of record, the briefs, the arguments on appeal, and our recent decision in Technic, Inc. v. Sel-Rex Corporation, Cust.… Application of Leonard J. Persinski Page 822 This appeal is from the decision of the Patent Office Board of Appeals, which affirmed the examiner’s rejection of all claims in appellant’s application serial No. 450,538, filed April 23, 1965, for “Method of Making Nitrilotriacetamide and Acid Salts Thereof.” We affirm.… Application of Richard W. Muchmore Page 824 This appeal is from the decision of the Patent Office Board of Appeals, which affirmed the examiner’s rejection of all claims in appellant’s application serial No. 309,384, filed September 17, 1963, for “Heat Treatment Process.” We affirm.… This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board (abstract 157 USPQ 712) dismissing an opposition by appellant to the registration of the word-mark TACTIC, application serial No. 222,922, filed July 8, 1965, for “Analog Computer for Traffic Intersection Control.” Appellant’s… This appeal is from the decision and judgment of the Customs Court, First Division, Appellate Term, 62 Cust.Ct.… This appeal asserts that the district judge, as trier of fact in this maritime accident case, failed as a matter of law to give proper weight to the completely independent status which admiralty law accords to the master of every vessel in navigation.… Tommy Don Haskins v. United States Page 836 This is a direct appeal from a jury conviction for violation of 18 U.S.C.… Cosmos Steamship Corporation appeals from a judgment denying its third *841 party claim against Rothschild International Stevedoring Company.… The trial court entered a judgment against appellant-garnishee as a summary judgment.… On December 13, 1968, the First National Bank of Good Thunder, Minnesota, *848 was robbed of $6,436.… This case is before us, for the second time, upon the petition of the National Labor Relations Board for enforcement of its order against Noll Motors, Inc. When it was first here, we remanded for reconsideration by the Board in light of N.L.R.B.… United States v. Carl R. Anderson Page 856 The appellant, Carl R. Anderson, was indicted by a federal grand jury on eleven counts of mail fraud under 18 U.S. C.… United States v. Henry Bessesen Page 861 The defendant, Henry Bessesen, was tried and convicted of twenty-one counts of using the mails in connection with a scheme or artifice to defraud (18 U.S. C.A.… United States v. Charles Toliver Page 867 The appellant, Charles Toliver, was found guilty following a jury trial in the district court on two counts of an indictment charging violations of 21 U.S.C.… The National Labor Relations Board [hereinafter “the Board”] applies for enforcement of a bargaining order issued against respondent International Metal Specialties, Inc., a corporation engaged in fabrication, sale and distribution of metal products in New York City.… Appellant filed suit in district court for damages under the Civil Rights Act, alleging that he had been subjected to cruel and unusual punishment by the failure of prison medical authorities to *874 afford proper medical treatment.… United States v. Carl Victor Carter Page 874 Defendant-appellant Carter and two others, Ford and Wrose, were found guilty by a jury of interstate transportation of falsely made checks in violation of 18 U.S.C.… United States v. John James Carson Page 877 A jury found defendant-appellant Carson guilty of interstate transportation of a stolen automobile in violation of 18 U.S.C.… Robert A. Katz, Trustee v. State of Connecticut and Howard S. Ives, State Highway Commissioner Page 878 We affirm on the opinion of Judge Blumenfeld, 307 F.Supp. 480 in the District Court with this brief additional comment.… These cases present 'ai complicated set of facts and at least one appellate issue of some importance in federal tax law.… 433 F.2d 884 Don E. LESTER, Jr., Plaintiff-Appellee-Cross Appellant,v.AETNA LIFE INSURANCE COMPANY, Defendant-Appellant-Cross Appellee.… United States v. Joe M. Mendoza Page 891 On! May 8, 1969, armed with a search warrant secured on the basis of iftfor-.… United States v. Joe M. Mendoza Page 891 433 F.2d 891 UNITED STATES of America, Plaintiff-Appellee,v.Joe M.… This case involves an effort by the Detroit Board of Education, as constituted on April 7, 1970, to effect a more balanced ratio of Negro and white students in twelve senior high schools.… Edgar Holland, a Missouri state prisoner, sought relief from a 1945 conviction and life sentence for first degree murder of his wife.… When this case was initially before this court Klos appealed from a judgment of liability, and Petersen cross appealed from a finding of contributory negligence and the consequent reduction by one-half in the award of damages.… 433 F.2d 911 Donald A. PETERSEN, Administrator of the Estate of Sgt.… United States v. Hyman Sternman Page 913 Appellant appeals from denial of his motion to reduce sentence under Rule 35, Federal Rules of Criminal Procedure.… On a trial to the court without a jury, defendant-appellant Pacheco was found guilty of violating 50 U.S.C.… United States v. Roy Debose, Jr. Page 916 In 1968, appellant was convicted of robbing a federally-insured bank, but his conviction was overturned by this court on the authority of Bruton v. United States, 391 U.S. 123, 88 S.Ct.… The Fair Labor Standards Act of 1938, 29 U.S.C.A.… Appellant was indicted for three offenses.… Appeal from denial of federal prisoner habeas corpus petition without hearing by the United States District Court for the District of Kansas.… This is a direct appeal from the District of New Mexico where appellant, charged with escape in violation of 18 U.S.C.… OPINION OF THE COURT This appeal presents the recurring question of what is arbitrable under the provisions of a collective bargaining agreement.… This appeal is taken from an order of the district court denying the petition of a Florida state convict for the writ of habeas corpus.… 433 F.2d 927 Roy L. MALONE, Petitioner-Appellant,v.Louie L.… Robert Hilton Schaffer was indicted and convicted on seven counts of an indictment charging violation of 18 U.S.C.… 433 F.2d 928 UNITED STATES of America, Plaintiff-Appellee,v.Robert Hilton SCHAFFER, Defendant-Appellant.… This appeal is from the district court’s denial of appellant’s petition for a writ of habeas corpus.… 433 F.2d 931 Alex ARDISTER, Jr., Petitioner-Appellant,v.S.… United States v. Leo Jacobs Page 932 Leo Jacobs appeals from his conviction, after a jury trial, on all eight counts of an indictment charging him with using the United States mails for carrying advertisements for obtaining obscene photographs, and for carrying obscene photographs, all in violation of 18 U.S.C.… This case is before us upon petition of the National Labor Relations Board to enforce its Supplemental Decision and Order directing respondent Carpenters Union, Local 180, to pay $1,540 to Paul Allen.… 433 F.2d 935 Dorothy Elizabeth WALTHER and Dorothy Elizabeth Walther,Executrix of the Estate of Fred Walther, deceasedv.PUEBLO SUPERMARKET OF ST.… OPINION OF THE COURT This is an appeal by the defendant Pueblo Supermarket (Supermarket) from the entry of a money judgment in favor of the plaintiffs, husband and wife, as a result of jury verdicts rendered on their claims that the wife (plaintiff) was injured through defendant’s negligence.… United States v. James Lee King Page 937 Appellant was convicted by a jury for violation of 18 U.S.C.… The sole question presented on this appeal is whether Houston’s conviction for refusing to report for induction into the armed forces in violation of 50 U.S.C.… Jack Austin York v. Ray H. Page, Warden, Oklahoma State Penitentiary, and the State of Oklahoma Page 941 The district court denied habeas corpus relief to petitioner-appellant York, a prisoner in the Oklahoma penitentiary, who was found guilty in state court of first degree manslaughter and whose conviction was affirmed by the Oklahoma Court of Criminal Appeals.… This is an appeal from a diversity action brought by plaintiff-appellee, Penn Central Company (Penn Central), to recover an amount under an indemnification contract from defendant-appellant, Chicago, Milwaukee, St. Paul and Pacific *944Railroad Company (Chicago, Milwaukee).… Aurelio Flores-Solis appeals from his conviction, on a jury verdict, on five counts of a six-count indictment charging offenses involving the illegal entry of alien Mexicans.… Green appeals from a judgment entered upon a jury conviction of mail theft and publishing and uttering as true a United States Treasury check with intent to defraud the United States in violation of 18 U.S.C.A.… 433 F.2d 946 UNITED STATES of America, Plaintiff-Appellee,v.Charles Edward GREEN, Defendant-Appellant.… United States v. Jose Bruno Alea Page 948 Jose Bruno Alea, after a plea of not guilty, was convicted by a jury of passing, with intent to defraud, counterfeit *949 money in violation of 18 U.S.C.… United States v. Jose Bruno Alea Page 948 433 F.2d 948 UNITED STATES of America, Plaintiff-Appellee,v.Jose Bruno ALEA, Defendant-Appellant.… United States v. Arthur Sidney Hart Page 950 Arthur Sidney Hart appeals his conviction of failing to report for induction into the Armed Forces of the United States in violation of 50 U.S.C., App., § 462(a).… The bankrupt in this action claimed as exempt property, a deposit of $1,000 in a savings and loan association organized under California law.… Lee Kizzee Anthony v. United States Page 952 Lee Kizzee Anthony appeals from the judgment entered upon a verdict finding him guilty of the third count of a five count indictment charging him with uttering and publishing a counterfeit twenty dollar bill (18 U.S.C.… Antoine Richard was employed in the service of the HOLLAND, doing dredge work in an intereoastal canal.… 433 F.2d 954 Antoine RICHARD, Plaintiff-Appellant-Cross-Appellee,v.BAUER DREDGING CO., Inc., Defendant-Appellee-Cross Appellant.… This appeal arises out of an automobile accident on the outskirts of Athens, Georgia, on May 10, 1968, when an automobile driven and owned by the defendants collided with an automobile in which the plaintiff was riding.… 433 F.2d 955 Olen E. BICKERS, Jr., Plaintiff-Appellant,v.Gail CRANFORD, Andrew M.… Rudolph L. Sandoval appeals from the denial of his petition for a writ of habeas corpus by the District Court for the Central District of California.… Appellant, an inmate of the United States Penitentiary at Atlanta, Georgia, filed his petition in the district court complaining of certain prison regulations.… Michael Henley v. United States Page 960 Michael Henley appeals the district court’s denial of his motion under 28 U.S.C.… Thomas J. Flint v. Louie L. Wainwright, Director, Division of Corrections, State of Florida Page 961 This appeal is taken from an order of the district court denying the petitions of a Florida state convict for the writ of habeas corpus and for damages under 42 U.S.C.… Thomas J. Flint v. Louie L. Wainwright, Director, Division of Corrections, State of Florida Page 961 433 F.2d 961 Thomas J. FLINT, Petitioner-Appellant,v.Louie L.… United States v. Angel Jose Padilla Page 962 Convicted under two charges of violating 21 U.S.C.… Lino Rodriguez v. United States Page 964 On September 16, 1969, Lino Rodriguez entered the United States from Mexico at the Port of Entry, San Ysidro, California, driving a 1960 Oldsmobile.… Appellant Pollack was convicted on six counts of an indictment charging violation of 18 U.S.C.A.… 433 F.2d 967 UNITED STATES of America, Plaintiff-Appellee,v.Shelby Louis POLLACK, a/k/a Sheldon Louis Polakoff, Defendant-Appellant.… Claude Leon Guidry v. United States Page 968 This appeal is from an order denying a motion to vacate and set aside a sentence.… Claude Leon Guidry v. United States Page 968 433 F.2d 968 Claude Leon GUIDRY, Petitioner-Appellant,v.UNITED STATES of America, Respondent-Appellee.… Mrs. Catherine T. Pendergraft v. Tom D. Cook, Superintendent, Mississippi State Penitentiary Page 969 The Superintendent of the Mississippi State Penitentiary here appeals from a decision by the United States District Court for the Southern District of Mississippi granting a rule absolute in Mrs. Pendergraft’s petition for writ of habeas corpus on the ground that she had been tried and convicted of the offense of… Appellant was convicted in a jury trial of the crime of bank robbery.… Appellant Pasquale A. Delsanter appeals from an order of the United States District Court for the Eastern District of New York denying his application under 28 U.S.C; § 2255 (1964) for an order vacating a judgment of conviction entered against him on June 13, 1968.… The National Labor Relations Board determined that respondent UNéCO, INC.… McSparran v. City of Philadelphia Page 976 OPINION OF THE COURT This is an appeal from a judgment entered by the district court on a jury verdict for the defendants in a Pennsylvania wrongful death action.… Melvin Carter, a California state prisoner, appeals from the denial of his petition to proceed in forma pauperis and the dismissal of his suit for declaratory judgment and injunctive relief under 42 U.S.C.… This appeal is taken from an order of the district court denying the petition of a Texas state convict for a writ of habeas corpus.… 433 F.2d 979 Alfred TAYLOR, Petitioner-Appellant,v.Dr. George J.… Jewel Bertram Wooley, Jr. v. Consolidated City of Jacksonville and Duval County, State of Florida Page 980 In this case the District Court held that a defendant in a municipal court, in the absence of waiver, has a right to counsel if the potential penalty in all pending charges could amount to as much as imprisonment for 90 days or a fine of $500.… Jewel Bertram Wooley, Jr. v. Consolidated City of Jacksonville and Duval County, State of Florida Page 980 433 F.2d 980 Jewel Bertram WOOLEY, Jr., Petitioner-Appellee,v.CONSOLIDATED CITY OF JACKSONVILLE and Duval County, State ofFlorida, Respondents-Appellants.… Roy Craft v. United States Page 981 433 F.2d 981 Roy CRAFT, Petitioner-Appellant,v.UNITED STATES of America, Respondent-Appellee.… Roy Craft v. United States Page 981 Craft, a federal prisoner in the United States Penitentiary at Atlanta, Georgia, appeals from the denial of his petition for habeas corpus relief in the United States District Court for the Northern District of Georgia.… 433 F.2d 982 Thomas TOOHEY and Edward Synowiak, Plaintiffs-Appellants,v.O'DARE VAN LINE RACE HORSE EXPRESS, INC., a/k/a O'Dare HorseTransport, Inc., Defendant-Appellee.… This appeal is taken from an order of the district court denying the petition of a Texas state convict for the writ of habeas corpus.… Affirmed. See Local Rule 21.1 . See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5 Cir. 1970). This is an appeal from the district court’s denial of the habeas corpus peti *984 tion of a Texas state prisoner.… 433 F.2d 983 Woodrow SMITH, Petitioner-Appellant,v.Dr. George J.… We affirm the convictions by a jury of Tino Barzie, William Irving and Cornelius Steenbakker in the Southern District, for conspiracy to commit mail fraud and 21 counts of mail fraud, in violation of 18 U.S.C.… The National Labor Relations Board here petitions for enforcement of a supplemental bargaining order issued against Conoco Plastics, a division of Continental Oil Company.… 433 F.2d 986 DOMINICA MINING COMPANY, Ltd., Plaintiff-Appellant,v.PORT EVERGLADES TOWING COMPANY, Ltd., etc., Defendant-Appellee.… Affirmed. See Local Rule 21.1 . See NLRB v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F.2d 966. United States v. Willie B. Burgess Page 987 Appellant was convicted of possessing distilled spirits on which the tax had not been paid in violation of 26 U.S.C.… United States v. Willie B. Burgess Page 987 433 F.2d 987 UNITED STATES of America, Plaintiff-Appellee,v.Willie B.… The case was tried upon a stipulation which established the basic facts.… Robert Bennett v. City of Cleveland Page 989 ORDER This is an appeal from an order dismissing for failure to state a federal cause of action, a complaint seeking a declaration that Section 10 of the Charter of the City of Cleveland is unconstitutional under the Fourteenth Amendment of the United States Constitution.… Harry W. Theriault appeals from the District Court's denial of his petition for habeas corpus and other relief.… 433 F.2d 990 Harry W. THERIAULT, Petitioner-Appellant,v.U.S.A., ex rel., STATE OF MISSISSIPPI, J.… Richard Flemming v. California Adult Authority, Department of Corrections, State of California Page 991 Appellant filed a complaint in district court charging appellee with a deprivation of civil rights under the provisions of 28 U.S.C.… Petitioner Francesco Paolo La Franca, an alien who has been deported twice in the past, last entered the United States on February 20, 1967, as a non-immigrant transit without visa authorized to remain for four days.… The federal prisoner appeals from an order denying his petition in the nature of mandamus in which he sought credit on a current sentence in the federal penitentiary of one year, eight months and fourteen days, representing time spent in state custody from September 15, 1965 until April 18, 1967, at which time he was… United States v. Marvin Bryan Miller Page 994 The sole issue on this appeal is whether the evidence supports the jury conviction of unlawfully carrying on the business of a distiller without giving bond, in violation of 26 U.S.C.A.… United States v. Marvin Bryan Miller Page 994 433 F.2d 994 UNITED STATES of America, Plaintiff-Appellee,v.Marvin Bryan MILLER, Defendant-Appellant.… The Reverend Clennon King appeals from an order of the district court dismissing his petition for an order directing the appellees to allow him to register as a candidate for the Republican Party primary election without payment of the $2,125 qualifying fee.… 433 F.2d 996 William P. RYAN, Petitioner-Appellant,v.STATE OF LOUISIANA, C.… We review on appeal the district court’s denial after an evidentiary hearing of the habeas corpus petition of a Louisiana state prisoner.… Convicted of interstate transportation of forged securities (18 U.S.C.A.… Caulder v. Durham Housing Authority Page 998 (dissenting). If I read the majority opinion correctly, this Court now declares that the laws of North Carolina do not provide for “due process” hearings in public housing eviction cases.… A declaratory judgment action was initiated by State Farm Insurance Company to determine the rights and liabilities of three insurers on their respective contracts of insurance.… 433 F.2d 1013 UNITED STATES of America ex rel.… United States ex rel. Royster v. McMann Page 1013 We affirm in open court the judgment of the district court denying plaintiff’s petition for a writ of habeas corpus, on the ground that denial of petitioner’s pro forma request for a suppression hearing did not violate due process, for the reasons given in Judge Weinstein’s opinion, reported at 292 F.Supp. 116. United States v. Robert Frank Stewart Page 1014 This appellant, Robert Frank Stewart, was indicted, in three counts, for violations of the White Slave Traffic Act, 18 U.S.C.A.… United States v. Robert Frank Stewart Page 1014 433 F.2d 1014 UNITED STATES of America, Plaintiff-Appellee,v.Robert Frank STEWART, Defendant-Appellant.… Ronald Warren Brown v. United States Page 1015 433 F.2d 1015 Ronald Warren BROWN, Petitioner-Appellant,v.UNITED STATES of America, Respondent-Appellee.… Ronald Warren Brown v. United States Page 1015 ■ This is an appeal from the district court’s denial of a motion to vacate judgment and sentence, 28 U.S.C.… Plaintiff, a California state prisoner at Folsom Prison, filed this civil rights action against Richard A.… This case comes on appeal from an order of the District Court denying relief from conviction by way of writ of habeas corpus.… The defendants Bau appeal from a partial summary judgment in favor of plaintiffs Helena Rubinstein, Inc. and Oscar Wurmbock, (collectively Rubinstein).… United States v. William Alan Callison Page 1024 The Supreme Court has remanded this case to us for further consideration in light of Welsh v. United States, 398 U.S. 333, 90 S.Ct.… Nicholas Cappetta v. Louie L. Wainwright, Director, Division of Corrections, State of Florida Page 1027 This is an appeal from the district court’s denial of habeas corpus relief to Nicholas Cappetta.… United States v. Richard Allen Cheshire Page 1027 433 F.2d 1027 UNITED STATES of America, Plaintiff-Appellee,v.Richard Allen CHESHIRE, Defendant-Appellant.… United States v. Richard Allen Cheshire Page 1027 433 F.2d 1027 UNITED STATES of America, Plaintiff-Appellee,v.Richard Allen CHESHIRE, Defendant-Appellant.… United States v. Cheshire Page 1027 Affirmed. See Local Rule 21.1 . See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970). Burke appeals from an order of the District Court dismissing his action for failure to state a claim upon which relief can be granted.… This is an appeal from the district court’s determination that the patent of the appellee, Carter-Wallace, Inc., for a certain pharmaceutical compound, generically known as meprobamate, was valid, and, as the appellant, Riverton Laboratories, Inc., had conceded infringement, that Carter-Wallace was entitled to… United States v. Leo Tom Hopkins Page 1041 Leo Tom Hopkins was convicted by a jury on January 25, 1968, for transporting a stolen 1966 Chevrolet automobile from Illinois to Texas in violation of the Dyer Act, 18 U.S.C.A.… This matter is before us on petition of the National Labor Relations Board to enforce its order that respondent, Titche-Goettinger Company, Dallas, Texas, cease and desist from refusing to bargain collectively with Retail, Wholesale and Department Store Union, AFL-CIO, as the exclusive collective-bargaining… United States v. Joseph Dippolito Page 1049 Appellant was convicted of two counts of perjury before a duly impaneled and sworn Grand Jury in the Central District of California in violation of 18 U.… Transamerica Insurance Company, a Corporation v. Gage Plumbing and Heating Co., Inc., a Corporation Page 1051 Transamerica Insurance Company (Transamerica, appellant), having paid a claim for fire loss on a policy covering a building under construction, brought this action against Gage Plumbing and Heating Co., Inc. (Gage, appellee), a subcontractor on the job, alleging that the fire was caused by the negligence of Gage’s… On September 16, 1968, this appellant was indicted by a state grand jury for the sale of marijuana.… The National Labor Relations Board has petitioned this court to adjudicate respondent, Ralph Printing & Lithographing Company, in civil contempt for allegedly failing and refusing to comply with the decree of the court entered July 6, 1967 in NLRB v. Ralph Printing & Lithographing Co., 379 F.2d 687 (8th Cir. 1967)… United States v. Burl Gene Maret Page 1064 433 F.2d 1064 UNITED STATES of America, Appellee,v.Burl Gene MARET, Appellant.… Appellant James A. Mulvey appeals from a judgment dismissing from his complaint his first claim for relief brought under section 4 of the Clayton Act, 15 U.S.C.… Mark Eden v. Lee Page 1077 This is an appeal from a summary judgment in favor of plaintiff-appellee, Mark Eden, enjoining defendant-appellant, Lim P.… Appellant, a prisoner at the Oregon State Penitentiary, brought a civil action for damages against the governor of Oregon and other public officials, alleging a violation of his civil rights.… American Oil Co. v. McMullin Page 1091 This is an appeal in two consolidated removed cases, one from Nevada and one from Utah.… The Dillins appeal from a judgment entered on a jury verdict, which held that *1099$99,250 received by Mrs. Dillin in 1961 was not a loan repayment and was properly taxed as a dividend.1 The husband is a party by reason only of signing a joint return.… Appellants, attorneys for a Chapter XI debtor, appeal from an order denying review of a referee’s order refusing to allow them compensation for services rendered in an unsuccessful effort to secure an arrangement with creditors.… United States v. Roy K. Jones Page 1107 Appellant was convicted by a jury of second degree burglary and petit larceny 1 consisting in the theft of an undetermined sum of money from coin-operated laundry machines located in a locked basement room of an apartment building.… United States v. Floyd W. McNeil Page 1109 Appellant was convicted by a jury on a charge of assault with a dam gerous weapon 1 — a stabbing of one Charles Fountain with a knife.… George P. Bradley v. United States Page 1113 Mary Whitten was awakened about 2:00 a. m.… Gary D. Harris v. United States Page 1127 Immediately prior to appellant’s trial for robbery1 and assault with a dangerous weapon,2 his attorney moved for leave to inspect the grand jury testimony of the complainant,3 the sole available witness to the crimes charged.4 The motion was denied, appellant was convicted of both offenses, and on this appeal he… United States v. Theodous McNair Page 1132 A jury found appellant guilty as charged in an indictment containing single counts of robbery 1 and assault with a dangerous weapon.… In the summer of 1968 appellant was invited to submit a bid for the construction of a Veterans Administration hospital in Tampa, Florida.… United States v. Frank Lewis Page 1146 A District Court jury found appellant, Frank Lewis, guilty of robbery 1 2 and assault with a dangerous weapon 8 in connection with the holdup of a delicatessen.… 433 F.2d 1153 140 U.S.App.D.C. 47 UNITED STATES of Americav.Edward KEMPER, a/k/a Elwood Kemper, Appellant.UNITED STATES of Americav.Joseph N.… United States v. Alphonso T. Johnson Page 1160 433 F.2d 1160 UNITED STATES of Americav.Alphonso T.… United States v. James H. Gilbert Page 1172 On overwhelming evidence, appellant was convicted of six counts of forgery and uttering in violation of 22 D.C.Code § 1401 (1967).… United States v. Louis U. McCray Page 1173 Appellant was convicted by a jury of larceny after trust and sentenced to one to three years in prison.… United States v. Clifford A. Jones Page 1176 The United States takes this appeal (18 U.S.C.… United States v. Donald Wallace Perkins, United States of America v. Gerald Leonard Whitmore Page 1182 These appeals present two rather novel questions.… Local Union No. 98 of the Sheet Metal Workers' International Ass'n v. National Labor Relations Board Page 1189 This case arises on petition of Local Union No. 98, Sheet Metal Workers’ International Association (hereinafter “the Union”) to set aside an order of the National Labor Relations Board; the Board has filed a cross-application for enforcement of its order.… Samuel S. Bevard, trading as Silver Hill Concrete Co. (hereinafter seller), sold to Howat Concrete Company, Inc. (hereinafter buyer) concrete which was warranted to have a minimum compressive strength of 3,000 pounds per square inch for buyer’s use in the construction of the roof deck of a parking garage.… For the past few years the appellants have supplied the federal government with the ball point pens used assiduously by civil servants from the White House to the neighborhood post office.… This is an appeal from a judgment of the District Court awarding appellee damages for personal injuries allegedly suffered in consequence of appellant’s negligence.… Raymond T. Davis, Jr. v. United States Page 1222 On the morning of March 27, 1967, the day after Easter, a line of people was outside the White House grounds waiting to gain entrance to observe the children’s annual Easter Egg Roll.… United States v. Eugene E. Thweatt Page 1226 On November 20, 1968, appellant was convicted of burglary in the second degree (22 D.C.Code § 1801(b) (Supp. Ill 1970»)) and grand larceny (22 D.C.Code § 2201 (1967)); he was sentenced to serve a term of ten years under section 5010 (c) of the Youth Corrections Act (18 U.S.C.… United States v. Ronald F. Fox Page 1235 Appellant was tried before a jury on a three-count indictment charging second degree burglary,1 petit larceny 2 and engaging in a riot.3 Defense counsel’s motion for a judgment of acquittal on all charges was granted as to the riot count but denied as to the two remaining.4 The jury rendered verdicts finding appellant… Appellants, City Markets, Inc., and the individual shareholders thereof, all of whom we designate collectively as the taxpayer, or taxpayers, ask reversal of a decision of the Tax Court of the United States identified as T.C.… This case in admiralty presents two questions.… United States v. Frank H. Dellapia Page 1252 For ninety-seven years the Comstock Act, named after one of the nineteenth century’s most vigorous moral evangelists, 1 2 has barred from the mails all matter “obscene, lewd, lascivious, indecent, filthy or vile.” 8 This appeal requires us to reinterpret the Act in the light of constitutional doctrine which never… Paul Cody v. Beckman Instruments, Inc. Page 1260 In the years 1966 through June 1968, plaintiff, a resident of Massachusetts, was employed as a salesman by defendant, a California corporation that manufactures computers and other electronic equipment.… In 1926 the trustees under the will of one Eben Jordan, owning a parcel of land near Park Square, Boston, granted a ground lease on a net rental basis, the lease to expire, unless earlier for default or upon the payment of a substantial penalty by the lessee, 20 years after the death of certain lives in being, but in… United States v. Wallace Howard Smith Page 1266 Wallace Howard Smith appeals a judgment of conviction and sentence to imprisonment for three years 1 following a jury verdict of guilty.… Cosentino v. Carver-Greenfield Corp. Page 1274 Appellants, citizens and residents of Omaha, Nebraska, brought a treble damage action under Section 4 of the Clay*1275ton Act, 15 U.S.C.A.… The appellant, plaintiff below, attacks a district court grant of summary judgment in favor of the defendants.… Kroll v. United States Page 1282 The appellants, Mark H. Kroll, William Cahn, William Criswell, Jack Chernau, John S.… United States v. Luke Hamilton Jones Page 1292 Luke Hamilton Jones appeals from a judgment entered after a trial before Judge Zampano in the Southern District of New York, sitting without a jury, convicting Jones of failure to report for induction into the armed services [50 U.S. C.… Albert Kenneth Bankston v. United States Page 1294 Albert Kenneth Bankston has appealed from the district court’s denial, without an evidentiary hearing, of his motiop to vacate his judgment of conviction and sentence.… Albert Kenneth Bankston v. United States Page 1294 433 F.2d 1294 Albert Kenneth BANKSTON, Petitioner-Appellant,v.UNITED STATES of America, Respondent-Appellee.… Mary Marie Eaves v. United States Page 1296 The appellant, Mary M. Eaves, is the wife of Joe Eaves.… Roy Mussilinio Meadows v. Olin G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia Page 1298 This appeal is taken from an order of the district court denying the petition of a federal convict for the writ of habeas corpus.… Appellant was convicted under both counts of a two-count indictment charging him with interstate transportation of a stolen motor vehicle with knowledge that it was stolen, and concealing a stolen motor vehicle transported in interstate commerce knowing it to have been stolen, in violation of 18 U.S.C.… This appeal is from a judgment denying the relief sought under a petition filed pursuant to 28 U.S.C.A.… James L. Perkins brought an action for damages in the district court against a judge of the Probate Court of Talladega County, Alabama, 1 for alleged wrongful commitment to a state mental institution.… 433 F.2d 1303 James L. PERKINS, Plaintiff-Appellant,v.UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellee.… United States v. William Ray Williams Page 1305 Appellant received concurrent sentences of five-year terms for three violations of 50 U.S.C.… United States v. William Ray Williams Page 1305 433 F.2d 1305 UNITED STATES of America, Plaintiff-Appellee,v.William Ray WILLIAMS, Defendant-Appellant.… Whitehead v. City of Alexandria Page 1305 The Honorable Hugh H. Bownes, Judge of the United States District Court for the District of New Hampshire, sitting by designation as Judge of the United States District Court for the Western District of Louisiana, dismissed the complaint for lack of jurisdiction.… United States v. Jeffery William Rhodes Page 1307 Defendant-appellant was convicted by a jury of violating 18 U.S.C.A.… ORDER This case is before the court upon the application of the National Labor Relations Board to enforce its order reported at 175 N.L.R.B.… Richard Gorman v. United States Page 1309 Gorman appeals from the denial, without an evidentiary hearing, of his motion under Title 28, U.S.C.A., Section 2255, to vacate his judgment of conviction and sentence, which was based on the allegation that, when he entered a plea of guilty and was sentenced to a four year term, he was mentally incompetent.… ORDER This matter came on to be considered on appeal from a judgment of the District Court granting the motion of the defendant-appellee for summary judgment, and it appearing that there is substantial evidence in the record to sustain the findings of the defendant-appellee and that his determination is not clearly… 433 F.2d 1310 MYSTIC STEAMSHIP CORPORATION, Appellee,v.STEAMSHIP AMALFI, her engines, tackle, apparel, etc., in remand Alcione Soc di Navigazione per Azione, inpersonam, Appellants.ALCIONE SOC di NAVIGAZIONE per AZIONE, Appellant,v.The OIL SCREW BETTY MORAN, her engines, tackle, apparel,etc., in rem and Moran Towing… A ship collision during a heavy fog in the early morning hours of August 7, 1967, at the entrance to Chesapeake Bay and just a short distance above Cape Henry, Virginia, resulted in damage to a barge in tow of the seabound tug Betty Moran.… 433 F.2d 1311 Philip TANG, Appellant,v.DISTRICT DIRECTOR OF the U.… ORDER This cause coming on to be considered on the record on appeal, the briefs of the parties and the oral arguments of counsel, the Court concludes that the District Court’s resolutions of the issues presented was correct and that no error intervened in the proceedings, and therefore, It is ordered that the judgment… 433 F.2d 1311 75 L.R.R.M. (BNA) 2848, 76 L.R.R.M.… The judgment is affirmed. District Judge Hill thoroughly explored the issues and resolved them in his carefully written opinion, reported at 298 F.Supp. 413 (C.D.Cal.1969). Lawrence Ernest Pasta v. United States Page 1312 This appeal is from the dismissal by the trial court of a motion under Section 2255, Title 28 U.S.C.A.… Robert Alphee Trepanier v. Louis L. Wainwright, Director, Division of Corrections, State of Florida Page 1312 This is an appeal from the denial by the trial court of appellant’s petition for habeas corpus after an evidentiary hearing on the claim of lack of counsel was held.… OPINION This case was referred to Trial Commissioner George Willi with directions to make findings of fact and recom *1315 mendation for conclusions of law under the order of reference and Rule 134(h).… *1325 ON DEFENDANT’S MOTION FOR REHEARING OR RECONSIDERATION Defendant has asked us to reconsider part of our holding in this case.… This appeal is from a judgment of the United States Customs Court, First Division, 62 Cust.Ct.… This appeal is from the judgment of the United States Customs Court, Second Division, C.D.… This appeal is from the decision and judgment of the Customs Court, 63 Cust.Ct.… Application of Glenn E. Irish Page 1342 Irish appeals from the decision of the Patent Office Board of Appeals, adhered to on reconsideration, sustaining the rejection of all claims in his application.… Tenneco, Inc. v. United States Page 1345 This appeal presents the question of whether costs incurred by the taxpayer (Tenneco), a transporter of natural gas by pipeline, in obtaining right-of-way easements for the construction of pipelines, qualify for accelerated depreciation under Section 167(b) of the Internal Revenue Code of 1954.… (dissenting). I respectfully dissent. I do not deem the record adequate to affirm the trial court’s refusal to grant the defendant’s motion.to withdraw his guilty plea under Fed.R.Crim.P.… Burnett appeals from the District Court’s denial of his motion for a permanent injunction to prevent his induction into the armed forces.… United States v. Phillip M. Coggins Page 1357 On this appeal, from a conviction of grand larceny, 1 we confront initially the question whether evidence establishing the theft of several artices by a single act of taking, when coupled with evidence establishing the accused’s possession of some of the articles recently thereafter, permits an inference, in the… United States v. Thomas W. Phillips Page 1364 In United States v. Phillips, 432 F.2d 973, decided September 21, 1970, we affirmed a conviction of Phillips for violation of 18 U.S.C.… This is an appeal by a Texas prisoner, David Sustaita Ruiz, from the denial of his habeas corpus petition on the basis of the state court record, 28 U.S.C.… 433 F.2d 1368 David Sustaita RUIZ, Plaintiff-Appellant,v.Dr. George J.… The defendant was tried on January 23, 1970, and convicted by a jury for interstate transportation of a stolen vehicle in violation of 18 U.S.C.A.… Ralph Bravo v. Walter E. Craven, Warden Page 1371 This is an appeal from the denial of a petition for a Writ of Habeas Corpus, brought by a state prisoner convicted of the possession of heroin.… 433 F.2d 1371 UNITED STATES of America ex rel.… Petitioner Carlos Bristol is presently-serving a New York sentence of twenty years to life imposed upon conviction after a plea of guilty to murder in the second degree.… ON DEFENDANT’S REQUEST FOR REVIEW OF THE COMMISSIONER’S RECOMMENDED OPINION This is a contract case before us on defendant’s request for review of our *1374commissioner’s recommended opinion.… Jacques Isler Corp. v. The United States Page 1399 This appeal is from the decision and judgment of the United States Customs Court, First Division, 1 overruling the importer’s protest against the collector’s classification of certain “hoods”, made from hare’s fur clipped from the skin and intended for use in the manufacture of women’s hats, as “headwear, of fur felt”… This appeal is from a decision of the Board of Patent Interferences awarding “priority” to Rohland, 1 the junior party, *1404 solely on the ancillary ground that the disclosure of Hemstreet 2 does not support the language of the count.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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