Court Cases
Dockets from the federal courts, the state courts and the agencies, with every filing PlainSite has been able to collect. Start with what people are reading this month, watch filings arrive, or browse by state, type, year or reporter.
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Cases on record
562,174
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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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6
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
7
Executive Office For United States...
United States Department of State
Federal Bureau of Investigation+5Based 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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8
12
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.
13
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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18
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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23
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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24
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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26
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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34
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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35
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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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.
AI Case summary available. Subscribe to PlainSite Pro to read it.
50
58
59
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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64
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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69
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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70
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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71
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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82
Treehouse Foods Inc., Sturm Foods Inc., and consumer plaintiffs including individuals and small businesses filed this antitrust MDL in the Southern District of New York before Judge Vernon Broderick in June 2014, alleging that Keurig Green Mountain Inc. used anticompetitive means to exclude rivals from the single-serve coffee market. The plaintiffs alleged Keurig redesigned its Keurig 2.0 brewer with a digital lock that prevented the use of competing unlicensed coffee pods, and pressured retailers and office coffee distributors into exclusivity arrangements — all to maintain its monopoly in the single-serve coffee system market.
The litigation consolidated competitor claims (from Treehouse and Sturm) with consumer class claims. The antitrust case raised novel issues about the intersection of product design, aftermarket tying, and monopolization under the Sherman Act. The case involved complex economic analysis of market definition and competitive effects.
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85
86
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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88
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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90
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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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
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All reporters › us-app-lexis › Volume 1973
Opinions in us-app-lexis, volume 1973
This Court, having carefully reviewed the evidence presented to the District Judge below sitting without a jury, we find the District Court’s memorandum of Findings of Fact and Conclusions of Law to be correct, and the judgment is hereby Affirmed.
490 F.2d 1234 EAST HAMPTON DEWITT CORPORATION and General Accident Fire &Life Assurance Corporation, Plaintiffs-Appellants,v.STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/k/a StateFarm Insurance Companies, Defendant-Appellee-Appellant.WARNER NATIONAL, INC., and Utica Mutual Insurance…
United States v. Jose Emiliano Velazquez Page 6225
This is an appeal by the government under 18 U.S.C.…
United States v. Charles A. Harrington Page 6226
Appellant, together with Thomas Stro-goff and Robert B.…
Branford Associates appeals from an order of the district court for the Southern District (Gurfein, J.) dated April 30, 1973, granting the plaintiff Fluoro Electric Corporation’s motion under Rule 60, F.R.Civ.P., to substitute “Bran-ford Associates” for “Branford Associates, a corporation,” as the named defendant in…
OPINION OF THE COURT This appeal arises from the seizure and attempted forfeiture of a vehicle pursuant to 49 U.S.C.…
We have held this 1971 Ouachita Parish Police Jury reapportionment case in abeyance pending the Supreme Court’s decision in White v. Regester, 1973, 412 U.S. 755, 93 S.Ct.…
Appellants Speed and Rainer were convicted in a jury trial in the United States District Court for the Southern District of Texas of possession of marihuana with intent to distribute, in violation of 21 U.S.C.…
United States v. Taylor Lajoy Mosley Page 6239
The court appointed counsel for the defendant-appellant has filed a brief in this court on October 23, 1973, to which a certificate is appended certifying mail service on defendant, stating that counsel has diligently reviewed the record and is unable, in good faith, to urge any point of error.…
*305 This appeal involves the liability of a railroad under the Federal Employers Liability Act, 45 U.S.C.…
This is an appeal from a dismissal by the district court of two class actions concerning school desegregation in Jefferson County, Kentucky.…
U. S. Ex Rel. Adam v. Elrod Page 6242
489 F.2d 758 U. S. ex rel. Adamv.Elrod 73-1407, 73-1722 UNITED STATES COURT OF APPEALS Seventh Circuit 12/28/73 1 N.D.Ill.…
Estes v. Kleindienst Page 6243
489 F.2d 758 Estesv.Kleindienst 73-1434 UNITED STATES COURT OF APPEALS Seventh Circuit 12/28/73 1 S.D.Ind.…
United States v. Miller Page 6244
489 F.2d 758 U. S.v.Miller 73-1475 UNITED STATES COURT OF APPEALS Seventh Circuit 12/28/73 1 N.D.Ill.…
United States v. Horton Page 6245
489 F.2d 758 U. S.v.Horton 73-1526 UNITED STATES COURT OF APPEALS Seventh Circuit 12/28/73 1 N.D.Ill.…
Daniec v. Blue Shield Medical Service Page 6246
489 F.2d 758 Daniecv.Blue Shield Medical Service 73-1718 UNITED STATES COURT OF APPEALS Seventh Circuit 12/28/73 1 N.D.Ill.…
This income tax refund suit was commenced in the District Court for the Eastern District of Wisconsin by the plaintiffs, Norman J.…
Defendants Frank J. Gill and James Fahey appeal from their convictions of extortion and perjury, having been found guilty of these crimes by a jury.…
United States v. James v. Pacente Page 6249
James Pacente, a veteran Chicago police officer, was indicted on two counts: extorting money from Stojan Kovacevic, the owner of Chicago-Oak Liquors, a combination liquor store and tavern, in violation of the Hobbs Act, 18 U.S.C.…
United States v. Stanley Durka Page 6251
Defendant and eighteen other persons were indicted on February 19, 1972 for violations of 18 U.S.C.…
United States v. Walter Trutenko Page 6252
The principal question presented is whether a reference to the jurors’ pecuniary interests during the prosecutor’s closing argument constitutes reversible error.…
This is the third appeal to this court in a controversy that began in 1968 when four black elementary school teachers and the Arkansas Teachers Association filed a complaint in the United States District Court for the Eastern District of Arkansas against the recently desegregated Wheatley School District, the…
In this appeal from the order of the District Court denying habeas corpus relief, Johnson Kenneth Evans asserts two constitutional challenges to the eyewitness identifications upon which his state robbery conviction depended: (1) that the eyewitness testimony was tainted by a prior uncounselled photographic display…
Enerdyne Corporation (Enerdyne) brought this suit against William Lyon Development Company (Lyon) for damages, alleging wrongful termination and breach of a written contract to purchase land.…
Kermit Snow v. State of Oklahoma, And/or Park J. Anderson, Warden, Oklahoma State Penitentiary Page 6260
Appellant was convicted in the District Court of Lincoln County, Oklahoma of shooting with intent to kill after former conviction of a felony.…
United States v. Louis J. Badia, M.D. Page 6263
Appellant, a physician, was convicted on three counts of knowingly and intentionally distributing controlled substances in violation of 21 U.S.C.…
Francis Gaffney v. Norman Silk Page 6264
This action, commenced under 42 U.S. C. § 1983 (1970), seeks to recover damages from the defendant selectmen of the Town of Randolph, Massachusetts, for alleged deprivations of plaintiffs’ procedural due process rights.…
490 F.2d 167 UNITED STATES of America, Appellee,v.Joseph G.…
This appeal presents the rather unusual question of whether a successor *861judge can enter a conviction after his predecessor in a non-jury trial has made detailed factual findings, but has left the verdict open in order to consider an essentially legal defense.…
In this diversity suit growing out of a written lease to operate a parking business and an automobile rental business on plaintiff’s property in Miami, Florida, the defendant’s motion to dismiss on the ground that the complaint failed to state “a claim against the defendant upon which relief can be granted,” and that…
United States v. Eastwood Page 6272
Appellant and co-defendant Bruno were convicted under 21 U.S.C.A.…
United States v. Trevino Page 6273
Appellant is incarcerated under a guilty plea.…
United States v. Hodges Page 6274
On May 25, 1972, in the Eastern Division of the United States District Court for the Western District of Texas, William Morris Hodges, II, was sentenced on his plea of guilty to possessing with intent to distribute marihuana, 21 U.S. C., § 841(a)(1).…
The National Labor Relations Board seeks enforcement of its order finding respondent company to have violated Section 8(a)(5) and (1) of the National Labor Relations Act, as amended, (61 Stat. 136, 73 Stat. 519, 29 U.S.C.…
This is an appeal from a decision of the United States District Court awarding plaintiffs-appellees a judgment of $21,666.85, and permitting them to attach and sell an aircraft in the possession of appellant.…
Mary A. Jones v. Paul W. Priebe Page 6282
Mary A. Jones has appealed from a summary judgment of the District Court, which judgment affirmed the decision of the United States Civil Service Commission sustaining her dismissal from employment by the Veterans Administration.…
United States v. Ernest McNeal Jr. Page 6283
This is the appeal from conviction on three counts of an indictment charging one purchase and two sales of heroin, in violation of 26 U.S.C.…
Worley v. Columbia Gas of Kentucky, Inc. Page 6284
Mutual Pipeline Contractors, Inc. (hereinafter referred to as Mutual), John T.…
Escobedo v. United States Page 6285
489 F.2d 758 Escobedov.U. S. 73-1079, 73-1080 UNITED STATES COURT OF APPEALS Seventh Circuit 12/27/73 N.D.Ill., 350 F.Supp. 894 AFFIRMED
United States v. Larry Donald Verse Page 6286
490 F.2d 280 UNITED STATES of America, Plaintiff-Appellee,v.Larry Donald VERSE, Defendant-Appellant.…
A question of importance to the effective administration of justice is raised on this appeal — whether a district court rule, which permits a judge to delegate to a magistrate the power to hold preliminary evidentiary hearings in federal and state habeas corpus cases is valid.…
In this case, the court of appeals reviews the actions of the National Labor Relations Board in a representation proceeding and an unfair labor practice proceeding for refusal to bargain.…
This appeal is by an American manufacturer, the respondent below, from a judgment of the district court granting a petition by The Island Territory of Curacao (Curacao) to confirm an arbitration award made in its favor and to enforce a judgment entered thereon in the courts of Curacao.…
Earl R. Foster v. Dravo Corporation Page 6296
OPINION OF THE COURT The issue in this case is whether under the Selective Service Act of 1967 an employee is entitled to full vacation benefits for the years he entered and returned from military service, under the terms of a collective bargaining agreement that conditioned the award of such benefits on the receipt…
OPINION OF THE COURT This is an appeal by the defendants from an order of the district court granting a permanent injunction restraining the defendants from interfering with the attendance of *650 the plaintiff in the 12th grade class at Charlotte Amalie High School during the school year 1971-1972 and ordering the…
Delia Gonzalez appeals from the dismissal of an action brought on behalf of herself and three infant children in which she sought injunctive relief and damages based on a claim that appellees deprived her of the constitutional right to due process of law.…
United States v. Chaiken Page 6304
Appellant was indicted under 21 U.S.C.A. § 841(a)(1) on two counts of knowing and intentional distribution of controlled substances and two counts of knowing and intentional possession with intent to distribute controlled substances.…
Sands v. Wainwright Page 6309
I. These appeals, all involving the rights of inmates in state prisons, are consolidated for opinion purposes.…
As a part of its Tax Preparers Project, initiated in an attempt to upgrade the accuracy of tax returns prepared by various tax return preparers throughout the Country, the Internal Revenue Service obtained enforcement of a summons asking for the names, addresses and social security numbers of the clients and customers…
National Labor Relations Board v. Coca-Cola Bottling Company No. 5, Inc., and Carson, Inc. Page 6311
On review of the National Labor Relations Board’s application for enforce *536 ment of its order, reported at 200 N.L.…
United States v. Hobson Page 6312
489 F.2d 758 U. S.v.Hobson 72-1539 UNITED STATES COURT OF APPEALS Seventh Circuit 12/26/73 1 N.D.Ind.…
Ours v. Stapleton Page 6313
489 F.2d 758 Oursv.Stapleton 72-1803 UNITED STATES COURT OF APPEALS Seventh Circuit 12/26/73 1 S.D.Ind.…
U. S. Ex Rel. Richards v. Twomey Page 6314
489 F.2d 758 U. S. ex rel. Richardsv.Twomey 72-1993 UNITED STATES COURT OF APPEALS Seventh Circuit 12/26/73 1 N.D.Ill.…
Christensen v. Bd. Of Education Page 6315
489 F.2d 758 Christensenv.Bd. of Education 73-1152 UNITED STATES COURT OF APPEALS Seventh Circuit 12/26/73 1 N.D.Ill.…
Hamilton v. United States Page 6317
489 F.2d 758 Hamiltonv.U. S. 73-1540 UNITED STATES COURT OF APPEALS Seventh Circuit 12/26/73 1 N.D.Ill.…
Appellant sells to creditors and debt-collection agencies certain forms used to trace allegedly delinquent debtors (“skip-tracer forms”) and to induce them to pay their debts (“payment demand” forms).…
At issue on this appeal is whether the loss of some 1,600 ounces of placer gold, stolen in an armed robbery carried out in a Sheridan, Wyoming, motel under conditions reminiscent of the days of Wild Bill Hickok,- is covered under the “in transit” provisions of an All Risks Inland Marine Floater policy.…
United States v. Salvatore Giordano Page 6323
Salvatore Giordano appeals from a judgment of the United States District Court of the Eastern District of New York (Dooling, J.), entered on August 17, 1973, which convicted appellant, after a jury trial, of violations of 18 U.S.C.…
Rochez Bros. v. Rhoades Page 6324
OPINION OF THE COURT In these appeals both párties seek reversal of district court, 353 F.Supp. 795 orders granting judgment with damages against an individual defendant, Charles R.…
The judgment of the trial court is affirmed.…
United States v. Willie Frank Wilson Page 6333
I On April 19, 1973, a grand jury returned a three-count indictment charging appellant Willie Frank Wilson with (1) defrauding the Texaco Oil Company by use of a stolen credit card in violation of 18 U.S.C.…
Yeager v. Estelle Page 6334
This is an appeal from the denial of a habeas corpus petition, raising the sole question of whether the district court erred in concluding that a 500 year sentence assessed by a jury finding him guilty of murder with malice constituted cruel and unusual punishment in violation of the eighth amendment.1 We affirm.…
These cases are before the Court on the application of the National Labor Relations Board (hereinafter “the Board”) for enforcement of its orders issued July 28, 1972, and October 12, 1972, against G &■ S Metal Products Company, Inc., (hereinafter “the Company”).…
Melvin Reynolds and Herbert Brown were arrested and charged with violating federal narcotic laws in 1970.…
Stewards v. American Airlines, Inc. Page 6337
These appeals form a sequel to Air Lines Stewards, etc., Loc.…
Fronsee v. Gray Page 6338
489 F.2d 758 Fronseev.Gray 73-1276 UNITED STATES COURT OF APPEALS Seventh Circuit 12/21/73 1 E.D.Wis.…
This diversity action is based on tor-tious interference with a physican-pa-tient relationship and on slander.…
On August 3, 1973, Spencer filed with the district court its complaint against Armonk Industries, Inc., eight other corporate defendants, and four individual defendants alleging common law fraud and federal securities law violations.…
488 F.2d 1241 AD HOC COMMITTEE ON JUDICIAL ADMINISTRATION, etc., et al.,Plaintiffs-Appellants,v.COMMONWEALTH OF MASSACHUSETTS et al., Defendants-Appellees.…
United States v. Emanuel Johnson Page 6343
Johnson was tried and convicted for distributing cocaine in violation of 21 U.S.C.…
G. I. Distributors, Inc. v. Murphy Page 6345
By an order dated June 25, 1973, the Supreme Court vacated the decision of this court in G.I.…
OPINION OF THE COURT This" appeal from a narcotics conviction raises the question of whether the trial court committed reversible error when it instructed the jury, in a bifurcated charge on the entrapment defense, that the defendant had the burden of *506 proving the Government induced the criminal activity.…
The State of Louisiana appeals from the District Court’s decision to grant Eugene Redd’s petition for habeas corpus relief.…
United States v. Paul C. Washburn Page 6355
Washburn, a tax consultant, was convicted in a jury trial of violating 26 U.S.C.A.…
Rodemacher v. Town & Country Charge Page 6357
489 F.2d 757 Rodemacherv.Town & Country Charge 72-1037 UNITED STATES COURT OF APPEALS Seventh Circuit 12/20/73 1 N.D.Ill.…
489 F.2d 758 Sangilv.Immigration and Naturalization Service 73-1236 UNITED STATES COURT OF APPEALS Seventh Circuit 12/20/73 1 I.N.S.…
Gadacz v. United States Page 6359
489 F.2d 758 Gadaczv.U. S. 73-1990 UNITED STATES COURT OF APPEALS Seventh Circuit 12/20/73 1 N.D.Ind.…
Doe v. Turner Page 6362
This matter is before us pursuant to Local Rule 6 (8th Cir. July 1, 1973).…
This is an appeal, pursuant to Section 211 of the Economic Stabilization Act of 1970, as amended, (the Act) from orders entered on November.…
Crane Co. v. American Standard, Inc. Page 6364
Four years after this court’s decision in Crane Co. v. Westinghouse Air Brake Co., 419 F.2d 787 (2 Cir. 1969), cert, denied, 400 U.S. 822, 91 S.Ct.…
487 F.2d 1397 74-1 USTC P 9142 NOTICE: Fourth Circuit I.O.P.…
Pursuant to 29 U.S.C. § 660(b), the Secretary of Labor invokes this Court’s review of a final order of the Occupational Safety and Health Review Commission which found that the respondent company below had not violated the regulation promulgated in 29 C.F.R.…
Heft v. Carlson Page 6374
Heft, an inmate of the federal penitentiary of Leavenworth, Kansas, appeals an order of the district court denying a mandamus petition against prison authorities for alleged illegal interference with his mail.…
Appellants, Rogers and Tyson, were convicted of a conspiracy involving the interstate transportation of stolen automobiles in violation of 18 U.S.C.…
Daughtrey v. Richardson Page 6379
The sole issue is appellant’s claim that the United States Board of Parole acted arbitrarily and unlawfully in considering his application for parole because it did not obtain a psychiatric evaluation of him, whereas it has obtained such an evaluation on at least one other applicant which was highly favorable to such…
United States v. Zane Page 6380
In this appeal from a conviction on a two count indictment for selling and disposing of a stolen motor vehicle in interstate commerce, 18 U.S.C.A.…
This appeal from the Tax Court pinpoint the single issue: Did the mobile homes owned by the taxpayers constitute “tangible personal property” within the meaning of 26 U.S.C., § 179?…
A United Steelworkers’ rule provides that no member shall be eligible for elec *885 tion to a local union office unless he has attended at least one-half of the regular meetings of his local union during the previous 36 months.…
489 F.2d 757 U. S. for Use and Benefit of Associate Engineering Co.v.Pathman Construction Co. 72-1906, 72-1907 UNITED STATES COURT OF APPEALS Seventh Circuit 12/19/73 1 S.D.Ind.…
In this action, plaintiff Phil Farino, the owner of an automobile service sta *887 tion in Chicago, sought an Alien Employment Certification so that he could continue to employ an Israeli alien, Reuben Zippershtein, as a foreign auto mechanic.…
United States v. John Clifton Pichany Page 6389
Appellant John Clifton Pichany was convicted after a jury trial on three counts of receiving and concealing stolen motor vehicles moving as interstate commerce, in violation of Title 18, U.S.C.…
The issue presented in these consolidated appeals is whether a local commander of a Marine Corps Reserve Unit may prohibit the wearing of short-hair wigs as a means of achieving compliance with Marine Corps grooming standards.…
Carmine Palmarozzo worked as a permanent employee of the Coca-Cola Bottling Company of New York from June 4, 1962 until September 21, 1962.…
The Trico Products Corporation, owner of the 1964 Lenz Patent number 3,153,254, filed suit against the defendant Roberk Company alleging infringement, and seeking an injunction and an accounting for damages.…
Isidro Manlangit v. United States Department of Justice Immigration and Naturalization Service Page 6396
Petitioner, Isidro Manlangit, challenges an order of the Board of Immigration Appeals that he be deported as an alien under the provisions of Section 241(a)(2) of the Immigration and Nationality Act, 8 U.S.C.…
Penn v. Schtlesinger Page 6398
This interlocutory appeal pursuant to 28 U.S.C.A.…
United States v. William Gus Rector Page 6400
The appellant William Gus Rector was convicted after jury trial under five counts 1 of a five-count indictment *1080 charging him with violation of the Internal Revenue Code with respect to non-tax paid distilled spirits, or “moonshine whisky”, in April and May, 1972, in Choctaw County, Mississippi.…
The. District Court was correct in ruling that the settlement decree of the Greek court was a binding judgment to which res ad judicata consequences should be afforded.…
On appeal from the summary denial below of his Section 2255 petition, McGee challenges the voluntariness of his confession, contending that it was coerced in violation of Miranda and improperly induced by plea bargaining and promises of leniency.…
Appellee brought this suit to obtain review, pursuant to the Administrative Procedure Act, 5 U.S.C.A.…
Alexander v. Emerson Page 6406
Hayward Alexander appeals the district court’s dismissal of his styled Civil Rights action entitled “Complaint for Damages for False Imprisonment.” We affirm the dismissal.…
Gerald Ray v. Texaco, Inc., Defendants-Third Party v. Noble Drilling Corporation, Third Party Page 6407
The entry of judgment in the within matter adjudicated the liabilities of fewer than all of the parties in and to the litigation.…
Charles Chavis v. Louie L. Wainwright, Director, Division of Corrections, State of Florida Page 6409
Chavis appeals the denial of his petition for Writ of Habeas Corpus by the district court, contending that the inventory of his clothing at a hospital made by a police officer investigating the stabbing of Chavis was an illegal search and that he was, therefore, entitled to have the heroin found in his clothing…
This is an appeal from an Order finding Appellants to be in contempt of Court.…
Reid v. Marquette University Page 6413
489 F.2d 757 Reidv.Marquette University 73-1218, 73-1219 UNITED STATES COURT OF APPEALS Seventh Circuit 12/18/73 1 E.D.Wis.…
This appeal challenges the propriety of a preliminary injunction entered October 30, 1972, requiring the Chicago Board of Election Commissioners to provide voting assistance in Spanish to U.S. citizens born in Puerto Rico who are unable to read or understand English.…
United States v. Frank Horton, Jr. Page 6415
Frank Horton, Jr., appeals the denial of his F.R.Crim.P.…
Carl McFadden v. United States Page 6417
Petitioner appeals from a denial of his motion under 28 U.S.C.…
Nathaniel Vincent v. United States Page 6418
Nathaniel Vincent was convicted under count one of an indictment for unlawfully carrying a quantity of heroin from New York to St. Louis County on *1110 September 19, 1963, in violation of 26 U.S.C.…
Bobby Hallman v. United States Page 6419
A jury found petitioner guilty of armed robbery of the First Plymouth National Bank, Minneapolis, Minnesota, in violation of 18 U.S.C.…
In this proceeding the Labor Board seeks enforcement, and the petitioner company seeks to review, a Board order issued October 27, 1972, finding that the company refused to bargain with International Association of Machinists and Aerospace Workers, AFL-CIO (199 NLRB No. 138), certified as the employees’ representative.…
United States v. Thomas E. Woodson Page 6421
OPINION Before DUNIWAY and WALLACE, Circuit Judges, and WOLLENBERG, * District Judge.…
In this diversity action appellant guest passenger sued appellee host driver for injuries sustained in a one-car accident.…
This appeal from an order of the District Court for the Southern District of New York was presented to us as raising the question whether attorneys for a debtor in possession in a proceeding under Ch.…
United States v. Stuart Cohen Page 6426
Appellant was convicted below of conspiracy, of making false written statements in connection with the acquisition of firearms, and of falsifying federal forms; he seeks a new trial — not on the basis of insufficiency of the evidence— but on four grounds: that he was deprived of a fair trial by virtue of the…
United States v. Joseph P. Pfingst Page 6427
On April 27, 1972, after a trial lasting more than one month before Judge Weinstein and a jury in the Eastern District of New York, Joseph Pfingst, a New York State Supreme Court Justice, was found guilty on three counts of a ten count indictment for knowingly and willfully participating in three fraudulent transfers…
These appeals are by International Business Machines Corporation (IBM) and Cravath, Swaine & Moore (Cra-vath), a law firm which has represented IBM throughout the proceedings involved in this Government civil antitrust suit.…
United States v. George C. Ehmig Page 6432
Appellant, George C. Ehmig, was charged in a two count indictment with willfully and knowingly making and subscribing fraudulent United States income tax returns for thé years 1965 and 1966.…
Appellant filed a motion under 28 U. S.C.…
United States v. Henderson Page 6434
John C. Henderson and Terry H. Nelson bring separate appeals from their convictions at a joint trial of robbing a federally insured bank, in violation of 18 U.S.C.…
In this appeal from the district court’s denial of his habeas corpus petition, Green contends that his state conviction must fall due to the state’s failure to produce a defense witness, subpoenaed on the day of trial, who was incarcerated at the time in the Dallas County jail.…
United States v. Levi Fox Page 6437
A jury convicted the appellant, Levi Fox, in ten counts of knowingly transporting five stolen motor vehicles in interstate commerce and of knowingly receiving and concealing five stolen motor vehicles which were moving as interstate commerce, 18 U.S.C., §§ 2312, 2313.…
Appellant Lonabaugh was convicted in an non-jury trial in the District Court for the Southern District of Texas, Brownsville Division, of conspiracy to possess marihuana with intent to distribute and possession of marihuana with intent to distribute.…
This in rem action was brought by plaintiff, Ellis Diesel Sales & Service, Inc., seeking to enforce a claim for labor and materials, and for attorney fees, against the M/V “ON STRIKE.” Defendant filed a counterclaim alleging damages negligently caused to the vessel.…
The primary question posed by this diversity appeal is when does the statute of limitations commence to run in regard to a claim for services performed by a major witness in complex litigation : when what turns out to be the last service is performed or later when the litigation is concluded?…
United States v. Barksdale Page 6445
489 F.2d 757 U. S.v.Barksdale 73-1669 UNITED STATES COURT OF APPEALS Seventh Circuit 12/17/73 1 N.D.Ind.…
Baynard v. Moss Page 6446
489 F.2d 757 Baynardv.Moss 73-1747 UNITED STATES COURT OF APPEALS Seventh Circuit 12/17/73 1 S.D.Ind.…
Defendant, William Lawrence White, appeals his jury conviction on a charge of distribution of heroin in violation of 21 U.S.C.…
This case comes to us on a certificate of probable cause issued by Judge Regan of the United States District Court for the Eastern District of Missouri after denial of habeas corpus relief to the appellant.…
United States v. William Hester Page 6449
William Hester appeals from the dismissal of his 28 U.S.C.…
United States v. Carl Douglas Martin Page 6451
489 F.2d 674 UNITED STATES of America, Plaintiff-Appellee,v.Carl Douglas MARTIN, Defendant-Appellant.…
Robert Willis v. United States Page 6452
*708 OPINION Before ELY, HUFSTEDLER and SNEED, Circuit Judges.…
This is an appeal from an order of the District Court, sitting in Probate, dismissing objections to an account filed by the executors of the estate of William L.…
United States v. Louis Irving Perkins Page 6455
After a trial by jury, appellant was convicted of wilfully and forcibly assaulting two federal officers by means of a dangerous weapon, a rifle, in violation of 18 U.S.C.…
Murry v. American Standard, Inc. Page 6457
This is an appeal from an order of the District Court granting a preliminary injunction requiring appellant American Standard, Inc., to reinstate as an employee Cornell Hood, one of the plain-iffs in this Title VII class action.…
United States v. Bobby Lee Hodge, Jr. Page 6460
Defendant, a soldier, was convicted of the armed robbery of two other servicemen on a military reservation, at Fort Benning, Georgia.…
Emanuel St. Etienne v. United States Page 6463
We vacate the district court’s order summarily denying St. Etienne’s motion to vacate sentence filed pursuant to 28 U.S.C.A.…
Jenkins appeals from the denial of federal habeas relief.…
U. S. Ex Rel. Speed v. Bensinger Page 6469
489 F.2d 757 U. S. ex rel. Speedv.Bensinger 73-1146 UNITED STATES COURT OF APPEALS Seventh Circuit 12/14/73 1 N.D.Ill.…
Dean P. Epperson v. United States Page 6470
490 F.2d 98 74-1 USTC P 9135 Dean P. EPPERSON, Plaintiff-Appellant,v.UNITED STATES of America, Defendant-Appellee.…
(concurring in part and dissenting in part): I am in general agreement with the majority opinion as it relates to the guardian ad litem problem and the invalidity of Provisos 1.1.1.4, 1.3.1.6, 1.3.1.5 and 1.3.1.1 of Rule 11.05, and Rule 11.06 of the appellant board.…
OPINION Before ELY and TRASK, Circuit Judges, and MURPHY, * District Judge.…
Ellenmae Crow commenced this class action against the State of California Department of Human Resources Development1 [hereinafter “Department”], seeking reinstatement of her entitlement to unemployment insurance benefits and an order requiring their continued payment until she was afforded a “Goldberg” type due…
United States v. Ronald Lee Illingworth Page 6476
Ronald Lee Illingworth appeals from a jury verdict finding him guilty of having violated the provisions of 18 U.S.C.…
This suit was instituted by the United States in May of 1969 under Title VI of the Civil Rights Act of 1964, 42 U.S.C.…
In the light of present precedent, the government concedes it failed to carry its evidentiary burden in this tax case but would have us remand this cause to allow it another chance to supply requisite proof.…
A majority of the Judges in active service, on the Court’s own motion, having determined to have this case [477 F.2d 847] reheard en banc, It is ordered that this cause shall be reheard by the Court en banc on briefs without oral argument.…
Joseph Di Giorgio v. Leon N. Causey, Sr., Judge, Circuit Court, Greene County, Mississippi, Etc. Page 6494
In the total context, this appeal comes to us in a very odd posture.…
When this same habeas corpus case was here before (457 F.2d 767), we vacated the district court’s action in dismissing on the pro se petition alone and remanded for a hearing.…
United States v. Paul Dawson Page 6496
Paul Dawson was convicted by a jury on a one count indictment for willfully and knowingly making and subscribing a false joint individual income tax return for the calendar year 1968 in violation of 26 U.S.C.…
Appellant was convicted in a jury trial on June 11, 1973 of distribution of heroin (21 U.S.C.A.…
United States v. Jimmie Davis Page 6499
Appellant was convicted after a jury trial on a two-count indictment charging distribution of heroin and cocaine in violation of 21 U.S.C.A.…
ORDER On petition to enforce an order of the National Labor Relations Board.…
ORDER The Board has petitioned for enforcement of its decision and order reported at 202 NLRB No. 40, which found that the company violated Sections 8(a)(5) and (1) of the Act by failing and refusing to bargain collectively and in good faith with the union, by refusing permission for the union to conduct its own…
This is an action wherein plaintiff insurance agency as beneficiary seeks recovery of $200,000.00, the face value of a life insurance policy purportedly issued by the defendant on the life of its president, Robert O.…
This is an appeal from a criminal conviction in the district court.…
United States v. Barthell White Page 6507
Plaintiff-appellant has appealed from an order of the district court granting defendant-appellee’s motion to suppress nine counterfeit notes seized from the glove compartment of his automobile.…
489 F.2d 757 5035 Building Corporationv.Ford Motor Company 72-1751 UNITED STATES COURT OF APPEALS Seventh Circuit 12/13/73 1 N.D.Ill.…
Derby v. University of Wisconsin Page 6509
489 F.2d 757 Derbyv.University of Wisconsin 73-1334 UNITED STATES COURT OF APPEALS Seventh Circuit 12/13/73 1 E.D.Wis.…
OPINION Thife is a consolidated appeal from a judgment of conviction after a joint jury trial in which appellants Harold Lee Bags by and Nathaniel Endsley were found guilty of importation, possession with intent to distribute, and conspiracy to import and possess four ounces of heroin.…
488 F.2d 1378 Roxanne REYNOLDS, Plaintiff-Appellant,v.William McNICHOLS, Mayor of the City and County of Denver,et al., Defendants-Appellees.…
United States v. Willie Joe Williams Page 6516
Williams was convicted on two counts of an Information charging him with possession and sale of heroin, a controlled substance, in violation of 21 U.S.C.…
' We review here an order 1 of the Occupational Safety and Health Review Commission which found National Realty and Construction Company, Inc. to have committed a “serious violation” of the “general duty clause” of the Occupational Safety and Health Act of 1970, 2 for which a civil fine of $300 was imposed.…
The action which gives rise to these consolidated interlocutory appeals 1 was instituted in 1969 by Joseph A.…
Appellant Boston Educational Research Company, Inc. (Boston) appeals from a judgment of the district court denying relief upon its claims that American Machine & Foundry Company (American) wrongfully disposed of its goods.…
This is an appeal from a decision of the Tax Court, 58 T.C.…
Kohn v. American Metal Climax, Inc. Page 6527
OPINION OF THE COURT Appellants challenge the settlement agreement reached by American Metal Climax, Inc. (Amax), Roan Selection Trust Limited (Roan), a Zambian corporation, and Harold E.…
OPINION OF THE COURT Plaintiff, a federal prisoner, brought this action under 28 U.S.C.…
Appellant Walter A. Glapion, a longshoreman, filed suit against the MS Journalist and her owner 1 to recover damages for personal injuries sustained on board the vessel during loading of cargo at New Orleans.…
Defendants were convicted for knowingly and intentionally conspiring to import marijuana from Mexico into the United States.…
Manzardo v. Pullman Company Page 6539
489 F.2d 757 86 L.R.R.M. (BNA) 3045 Manzardov.Pullman Company 72-1891 UNITED STATES COURT OF APPEALS Seventh Circuit 12/12/73 1 N.D.Ill.…
This diversity action was commenced by the plaintiff, the Administrator of the Estate of Lawrence Mahoney, deceased, for the alleged wrongful death of the decedent.…
This is an appeal, after a jury verdict, wherein Marcus James Harris, Jr., was found guilty of violating the provisions of 21 U.S.C.…
United States v. Phillip Lee Carlile Page 6544
This is an appeal from a judgment of conviction and sentence following a jury conviction on two counts of an indictment charging violations of 21 U.S.C.…
John E. Raper v. David J. Lucey Page 6545
This action brought under 42 U.S.C. § 1983 (1970) alleges that certain deficiencies in the current Massachusetts administrative procedures governing motor vehicle license applications are vio-lative of procedural due process.…
Petitioners-appellants, Your Host, Inc., and its affiliated companies, appeal from judgments of the United States Tax Court (Irwin, J.) which upheld determinations by the Commissioner of income tax deficiencies assessed for the years 1965 through 1968.…
This is an appeal from a decision of the United States District Court, Southern District of New York, Morris E.…
United States v. Ronald S. Jenkins Page 6548
This appeal by the United States fróm a judgment of the District Court for the Eastern District of New York dismissing an indictment after a bench trial is the latest in a growing list of cases showing that the eagerly awaited 1970 amendment of the Criminal Appeals Act, 18 U.S.C.…
United States v. Kenneth David Cushnie Page 6551
Defendant appeals from his conviction for possession of marijuana with intent to distribute, a violation of 21 U.…
R. W. Reynolds v. Asa D. Kelley, Jr. Page 6552
It appearing that the matters giving rise to this appeal are moot, the judgment of the district court is vacated and the cause is remanded with direction to dismiss the proceeding as being moot.…
Maurice A. Rapoport v. E. Wilson Purdy Page 6555
488 F.2d 536 Maurice A. RAPOPORT, Petitioner-Appellant,v.E.…
489 F.2d 757 Parkerv.Wisconsin Dept. of Health and Social Services 72-1951 UNITED STATES COURT OF APPEALS Seventh Circuit 12/11/73 1 E.D.Wis.…
Foremost Sales v. Heublein, Inc Page 6559
489 F.2d 757 Foremost Salesv.Heublein, Inc. 73-1063, 73-1259, 73-1346 UNITED STATES COURT OF APPEALS Seventh Circuit 12/11/73 1 N.D.Ill.…
Lauchli v. Pickett Page 6560
489 F.2d 757 Lauchliv.Pickett 73-1147 UNITED STATES COURT OF APPEALS Seventh Circuit 12/11/73 1 E.D.Ill.…
Defendant, Heart of America Shippers Association, Inc., a nonprofit shipper’s association, appeals from a judgment of $125,112.93 which allegedly accrued for.…
John K. Glick here seeks habeas corpus relief from a ten-year sentence for armed robbery imposed upon him by the State of South Dakota in 1971.…
Jesse Raymond Bridwell, a prisoner at the United States Medical Center for Federal Prisoners, filed a habeas corpus petition in the United States District Court for the Western District of Missouri.…
OPINION Before MERRILL and HUFSTEDLER, Circuit Judges, and KELLEHER, * District Judge.…
OPINION This case has to do with the Ocean Shore Railroad, a project of high promise to residents of the San Francisco Bay Area in the early years of the century.…
This appeal from denial of a petition for habeas corpus once again raises questions about procedures under the Massachusetts law providing for commitment of sexually dangerous persons, M.G.L.…
I. After twelve years of litigation, with countless suits in the courts of New York, Connecticut and Florida, the much-publicized marital dispute between Lewis and Susan Rosenstiel has improbably found its way into a federal court of appeals.…
Lewis v. Ling Page 6571
On this appeal from a judgment entered after a bench trial in the Southern District of New York, Lloyd F.…
OPINION OF THE COURT As part of its Tax Preparer’s Project which surveyed the accuracy of commercially prepared tax returns, the Internal Revenue Service seeks to secure the names and addresses of all customers of the A & M Berk Tax Service, Inc. for the year 1971.…
Campaign Clean Water, Inc. v. Russell E. Train, Administrator, Environmental Protection Agency Page 6574
Like a number of other pending actions, 1 this suit, brought by an envi *494 ronmental group concerned with water quality in Virginia, involves the discretionary power, if any, of the defendant Administrator, Environmental Protection Agency, to allot appropriation authority for fiscal 1973 and 1974, particularly as…
Nelson Simpson, Jr., an employee of Sperry Rand Corporation, brought this private action against his employer under Title III of the Consumer Credit Protection Act, 15 U.S.C.…
Appellants were indicted on four counts. The first three related to 325 grams of cocaine — Count I charged conspiracy to distribute, Count II possession and Count III importation.…
Jack’s Fruit Co. appeals the dismissal of its suit seeking to bar the enforcement of a state money judgment against it in favor of Growers Marketing Service, Inc. alleged to be void for lack of jurisdiction and notice.…
The District Court did not err in denying appellant’s § 2255 petition without an evidentiary hearing.…
Gordon v. duPont Glore Forgan Inc. Page 6583
The court below awarded the Gordons $20,000 for damages resulting from defendant brokerage firm’s failure to notify them that their account was under-margined, a breach of its fiduciary duty.…
ORDER Upon consideration of the briefs and arguments of coúnsel, we are of the opinion that there is substantial evidence in the record to support the order of the Board reported at 202 NLRB No. 125.…
Mohme v. Gray Page 6585
489 F.2d 757 Mohmev.Gray 73-1013 UNITED STATES COURT OF APPEALS Seventh Circuit 12/10/73 1 E.D.Wis.…
Brin and Serpico v. United States Page 6586
489 F.2d 757 Brin and Serpicov.U. S. 73-1550, 73-1551 UNITED STATES COURT OF APPEALS Seventh Circuit 12/10/73 1 N.D.Ill.…
Freitag v. Carter Page 6587
After the Public Vehicle License Commission of the City of Chicago allegedly denied his application for a chauffeur’s license, Victor Freitag filed a class action against the head of the Commission and the City of Chicago challenging the constitutionality of the City’s licensing ordinance.1 The complaint, grounded on…
Schirtzinger v. Dunlop Page 6593
This is a class action challenging the legality of Subpart L of the Cost of Living Council (CLC) Phase IV regulations as applied to a class of approximately 2,500 independent truck stop operators who sell No. 2-D diesel fuel.…
489 F.2d 731 85 L.R.R.M. (BNA) 2242, 73 Lab.Cas.…
Charles A. Hickmann and Phyllis C. Hickmann v. Gregory Wujick, as Assessor of the Town of Huntington Page 6595
Plaintiffs commenced this civil action in the United States District Court for *876 the Eastern District of New York, pursuant to 28 U.S.C.…
United States v. Zare Tirinkian Page 6596
Zare Tirinkian appeals from judgments of conviction in the Eastern District on July 16, 1973, for importing approximately 286 pounds of hashish (21 U.S.C.…
This is an appeal from an order of the district court dismissing appellant’s libel for lack of admiralty jurisdiction.…
Woods was convicted in a jury trial of escaping from the custody of the Attorney General of the United States in violation of 18 U.S.C.A.…
Appellant Mann questions whether, the doctrine of res judicata was a proper predicate for the dismissal of his diversity complaint in the District Court.…
The district court in this habeas corpus ease granted the petition and set aside Osbie Bailey’s three Alabama robbery convictions and ordered a new trial.…
United States v. Jasper Lee Simon Page 6608
Simon was convicted of violating 21 U.S.C.A.…
We hold that we have no jurisdiction to review a preliminary injunction issued by a single judge on an appeal taken subsequent to the designation of a three-judge district court to hear the case.…
United States v. Thomas L. Kubeck Page 6611
Appellant Kubeck was indicted in the District Court on one count of a four-count indictment which charged him, along with Dennis Lukasik and William Hall, with concealing from the Department of Housing and Urban Development, a material fact in connection with an FHA mortgage-loan application, in violation of 18 U.S.C.…
Blaw-Knox Co. v. Barber-Greene Company Page 6612
489 F.2d 757 180 U.S.P.Q. 294 Blaw-Knox Co.v.Barber-Greene Company 72-1853, 72-1854 UNITED STATES COURT OF APPEALS Seventh Circuit 12/7/73 1 N.D.Ill.…
Lawndale National Bank, Under Trust No. 4846 v. American Casualty Company of Reading, Pennsylvania Page 6613
Plaintiff, Lawndale National Bank under Trust No. 4846 (Lawndale), brought this diversity action against defendant, American Casualty Company of Reading, Pennsylvania (American Casualty), to recover upon a fire insurance policy for fire losses on property, title to which Lawndale held under a land trust, for Albert…
United States v. Albert Ray Kitchen Page 6614
This is an appeal from the district court in a conviction for illegal distribution of a controlled drug pursuant to 21 U.S.C.…
United States v. Richard Grant Page 6615
The case before us presents as the principal issue the retroactivity of a new rule of criminal procedure relating to lesser-included offenses.…
This is an appeal in a negligence action Which resulted in a judgment for money damages for personal injury suffered by the plaintiff, Fred Ward.…
United States v. Curtis Keith Glassel Page 6619
OPINION Defendant was convicted and sentenced on two counts: the first conviction was under 21 U.S.C.…
The common issue of these cases is whether a plaintiff having a cause of action against a single defendant can institute a class action against the single defendant and an unrelated group of defendants who have engaged in conduct closely similar to that of the single defendant on behalf of all those injured by all the…
Notice of appeal has been filed with this court by the above-named plaintiff-*750appellant from a judgment entered on September 28, 1973, by the United States District Court for the Western District of Oklahoma in its case No. 72-544 civil.…
United States v. Manuel Gonzalez Page 6624
Appellant Manuel Gonzalez was convicted after a trial by jury in the United States District Court for the Eastern District of New York, Mark A.…
This case involves the liability of the United States under the Federal Tort Claims Act, 28 U.S.C.…
488 F.2d 89 Antonios ORGETTAS, Appellant,v.Liberian S/T CRINIS, her boats, engines, tackle, apparel,etc., Liberian S/T NEFELI, her boats, engines, tackle,apparel, etc., and Mara Steamship Co., S.A., PolarisSteamship Co., S.A., Boyd, Weir & Sewell Inc., and Andreadis(U.K.) Ltd., all foreign corporations or…
Appellant Prudential-Grace Lines, Inc., presents the court with three issues: I.…
Eugene M. Bazaar v. Porter Fortune Page 6635
Upon consideration of the record, briefs and oral argument in this cause en banc, the court concludes that the opinion and judgment of the panel should be and the same are hereby affirmed, subject to the following modification : The defendants-appellants may, at their option, place or stamp on the cover or the format…
John Henry Lee, Jr., 028436 v. Louie L. Wainwright, Director, Division of Corrections, State of Fla. Page 6636
Appellant Lee, a state prisoner, appeals from an order denying his petition for a writ of habeas corpus.…
United States v. Laszalo Kopacsi Page 6637
Appellant seeks to have his conviction under 18 U.S.C.A.…
United States v. James Bentley Brown Page 6639
Appellant Brown has pursued this appeal from an order revoking his probation following an evidentiary hearing.…
We consider an appeal from a judgment for appellee in an action charging it with racial discrimination in its hiring practices in violation of the Civil Rights Act of 1964, 42 U.S.C.…
Marlowe v. Fisher Body Page 6641
This case was begun in the district court as an action for damages under Title VII of the Civil Rights Act of 1964, 42 U.S.C.…
Arthur Mitchell v. Perry Johnson, Warden Page 6642
This appeal requires us to decide whether a state may, agreeably to the Constitution, refuse to appoint counsel to assist an indigent defendant in the preparation of an application for discretionary direct appeal to the state supreme court when nonindigent defendants customarily employ counsel for this purpose.…
Appellants and two co-defendants were indicted on five counts of counterfeiting in violation of 18 U.S.C.…
Schlesinger v. Laird Page 6645
489 F.2d 757 Schlesingerv.Laird 72-1942 UNITED STATES COURT OF APPEALS Seventh Circuit 12/6/73 1 N.D.Ill.…
United States v. Jackson Page 6646
489 F.2d 757 U. S.v.Jackson 72-1980 UNITED STATES COURT OF APPEALS Seventh Circuit 12/6/73 1 S.D.Ill.…
Silverman v. Board of Trustees Page 6647
489 F.2d 757 Silvermanv.Board of Trustees 73-1335 UNITED STATES COURT OF APPEALS Seventh Circuit 12/6/73 1 N.D.Ill.…
United States v. Gilbert Clarence Young Page 6649
Appellant was charged with and convicted of burglary and larceny following jury trial.…
We review here the District Court’s finding, 360 F.Supp. 583, that the petitioner’s pleas of guilty to first degree murder and first degree robbery were voluntarily made on advice of counsel with a full awareness of the consequences of the pleas.…
The matter before the Court is an appeal from a summary judgment granted the defendant in an action for conversion and deprivation of property rights under 42 U.S.C.…
These cross appeals stem from a patent infringement action, involving five patents relating to electrical resistors, their structure, method of construction, and design.…
United States v. Francis Joseph Klein Page 6657
In the morning of July 24, 1972, two men robbed a branch office of the Marine Midland Bank in Troy, N.…
This appeal is by the State of New York from the granting of a writ of ha-beas corpus to appellee on the basis of erroneous admission at trial of identification evidence.…
It is ordered that the dismissal of this petition for writ of mandamus be vacated and the case remanded for further consideration by the District Court.…
This appeal deals only with the correctness of the judgment of the trial court awarding attorney' fees to the plaintiffs in this prisoner suit.…
488 F.2d 127 Jack MANNING and Clara Ann Manning, Plaintiffs-Appellees,v.ALTEC, INC., Defendant-Appellant.Jack MANNING and Clara Ann Manning, Plaintiffs-Appellees,v.MOBILE AERIAL TOWERS, INC., Defendant-Appellant.Jack MANNING and Clara Ann Manning, Plaintiffs-Appellants,v.MOBILE AERIAL TOWERS, INC., and Altec, Inc.…
This is an appeal from an order of the District Court denying petitioner’s request for a writ of habeas corpus.…
United States v. Boyd Page 6668
489 F.2d 757 U. S.v.Boyd 72-1964 UNITED STATES COURT OF APPEALS Seventh Circuit 12/5/73 1 N.D.Ind.…
Fogarty v. Korzun Page 6669
489 F.2d 757 Fogartyv.Korzun 72-1986 UNITED STATES COURT OF APPEALS Seventh Circuit 12/5/73 1 N.D.Ind.…
489 F.2d 757 U. S.v.Blakemore, Matthews and Cole 73-1397 UNITED STATES COURT OF APPEALS Seventh Circuit 12/5/73 1 N.D.Ill.…
United States v. Herbert Ott Page 6671
The principal question is whether a material misstatement to the trial judge is the kind of prosecutorial misconduct which requires reversal.…
488 F.2d 761 UNITED STATES of America, Appellee,v.Isaac STATES, Appellant.UNITED STATES of America, Appellee,v.Michael McCOY, Appellant.UNITED STATES of America, Appellee,v.Robert MORGAN, Appellant.…
Gary Knecht v. James N. Gillman Page 6674
This is an action by Gary Knecht and Ronald Stevenson, both in the custody of the State of Iowa, against officials of that state, under 42 U.S.C.…
Gary Guillard brought an action to recover damages for bodily injuries which he received while operating a power press manufactured by Niagara Machine & Tool Works (Niagara).…
Petitioners Hughes Air Corporation (Air West) and North Central Airlines, Inc., and the Air Line Pilots Association, seek review of a Civil Aeronautics Board regulation exempting certain air taxi operations from many of the statutory requirements imposed on other carriers, including principally the requirement of…
GAF Corporation (the Company) peti- ■ tions to review and set aside, and the National Labor Relations Board cross-applies to enforce, an order of the Board which found that the Company cancelled a wage increase during a union organizational .…
Fed. Sec. L. Rep. P 94,300 Securities and Exchange Commission v. Spectrum, Ltd., Stuart Schiffman Page 6683
The securities laws provide a myriad of safeguards designed to protect the interests of the investing public.…
James Harvey Johnson appeals from the district court’s denial of his motion for a new trial based upon newly discovered evidence pursuant to Rule 33 of the Federal Rules of Criminal Procedure.…
United States v. Roubini Omirly Page 6687
This appeal involves the criminal prosecution of a middle aged woman who at a singularly inappropriate moment joked about the presence of a bomb.…
United States v. Roy Rogers Fauntleroy Page 6689
Roy Rogers Fauntleroy appeals from his conviction by the district court sitting without a jury on two counts charging him with knowingly making false statements in the purchase of firearms in violation of 18 U.S.C.…
Anthony Joseph GENOVESE, III, Plaintiff-Appellant, v. SHELL OIL COMPANY, Defendant-Appellee Page 6695
Anthony Joseph Genovese filed a Title VII sex discrimination charge with the Equal Employment Opportunity Commission (EEOC) against his employer, Shell Oil Company.…
Appellant Leach, the trustee in bankruptcy, appeals from an order of the district court allowing the claim of the Small Business Administration as a priority claim under 11 U.S.C.A.…
In this products liability case, involving serious injury to plaintiff from defendant’s drug, the only question is the correctness of the district court’s decision holding the action barred by the applicable statute of limitations, Sections 3536 and 3537 of the Louisiana Civil Code.…
Appellants were indicted with others for conspiracy to import cocaine (21 U.…
United States v. Michael Carl Dority Page 6704
Michael Carl Dority, the appellant, was tried with his co-defendant, George Epperson, and was convicted on a charge of selling a stolen motor vehicle in interstate commerce.…
United States v. John M. Rosinski Page 6705
Defendant-appellant, John M. Rosin-ski, was indicted for aiding and abetting another in an attempted robbery of the Self-Reliance Federal Credit Union, located at the corner of Tarnow and Michigan in the City of Detroit, a violation of 18 U.S.C.…
This appeal was perfected from the Memorandum Decision and order handed down by the United States District Court for the Western District of Tennessee on May 3, 1973, ordering the implementation of a plan intended to complete the desegregation process in Memphis.…
United States v. Carpenter Page 6710
489 F.2d 757 U. S.v.Carpenter 73-1156 UNITED STATES COURT OF APPEALS Seventh Circuit 12/4/73 1 N.D.Ill.…
United States v. Cortina Page 6711
489 F.2d 757 U. S.v.Cortina 73-1375 UNITED STATES COURT OF APPEALS Seventh Circuit 12/4/73 1 N.D.Ill.…
United States v. Roddy Page 6712
489 F.2d 757 U. S.v.Roddy 73-1706 UNITED STATES COURT OF APPEALS Seventh Circuit 12/4/73 1 E.D.Ill.…
The sole issue presented is whether there exists substantial evidence on the record as a whole to support the Board’s finding that Wal-Mart Stores, Inc., violated §§ 8(a)(1) and (3) of the National Labor Relations Act by discharging an employee, Connie Kreyling, in order to discourage her attempts at unionization of…
The Government appeals from a judgment of the United States District Court for the District of South Dakota which permanently enjoins the Federal Highway Administration (FHWA) from conducting proceedings under 23 C.F.R.…
490 F.2d 549 74-1 USTC P 9176 Ray D. BATEMAN and Helen C.…
United States v. Milford E. Cook Page 6718
OPINION Before ELY, WRIGHT and KILKEN-NY, Circuit Judges.…
This is an action to recover a payment of additional income tax for the year 1964 assessed as a result of the Commissioner’s classification of a claimed business bad debt as a nonbusiness one.…
This action, under the Civil Rights Act, 42 U.S.C.…
This suit was brought by Mobil Oil Corporation Marine Transportation De*605partment, Gulf-East Coast Operations [Employer] against the Oil, Chemical and Atomic Workers International Union AFL-CIO and Maritime Local No. 8-801 of that Union [Union] for a declaratory judgment under section 301 of the Labor Management…
dissenting: The en banc opinion “voids” this election under a novel and, I submit, unsound rule.…
United States v. Marshall Crosby Milne Page 6728
Marshall C. Milne appeals from the judgment of conviction pursuant to a jury verdict of guilty of the unlawful distribution of a controlled substance in violation of 21 U.S.C.…
Joel Rubin v. United States Page 6731
Appellant Rubin’s § 2255 motion to vacate sentence was denied by the dis *88 trict court.…
United States v. James William Daulton Page 6732
James William Daulton was convicted of an assault with intent to commit murder upon one of his cell mates in the United States Penitentiary at Atlanta, 18 U.S.C.…
The case before us arises out of the stabbing of one Kerry Brunette, allegedly by the Redstone brothers, appellants, and defendant Patrick George Kills Crow.…
Appellant, First National Bank of Oregon, is the executor of the estate of Fred M.…
United States v. Manuel P. Amaral Page 6739
*1150 OPINION Before DUNIWAY and WRIGHT, Circuit Judges, and TURRENTINE * District Judge.…
Thomas J. Brantner appeals from the order of the United States District Court for the District of Utah granting summary judgment to the defendant-ap-pellee, Carl Poole.…
Robert Soffes, for Himself and as Attorney for Julian Soffes v. Maidmore Realty Corporation Page 6748
OPINION OF THE COURT This is an appeal from a judgment of the district court which granted the appellee a decree of specific performance and damages.…
In 1964 Local 183 and Local 204 of the Tobacco Workers International Union merged.…
In September 1971 Carlton Bryant was transferred from the federal reformatory at Lorton,- Virginia, to the federal penitentiary at Marion, Illinois.…
United States v. Claude Bishop Minton Page 6753
Convicted of possession, transportation, and removal of illicit liquor, Claude Bishop Minton has appealed, arguing that his motion to suppress evidence procured by an allegedly illegal search and seizure should have been granted.…
This case is before us for the resolution of a single issue.…
United States v. Melvin Richard Mizell Page 6758
Appellant appeals from a conviction on a plea of nolo contendere for passing a $20.00 bill (count I) and possessing 15 counterfeit $20.00 federal reserve notes (count II), 18 U.S.C.A.…
In view of the District Court’s denial of the appellant’s motion for certificate of probable cause, and this Court’s concurrence with the District Court that one should not issue, it is ordered that the above styled and numbered appeal is hereby dismissed for want of a certificate of probable cause, 28 U.S.C., § 2253…
We consider a petition for a writ of mandamus against respondent, a United States District Judge, who sentenced petitioner to a term of eleven years pursuant to 18 U.S.C.…
Albert BAKER, Plaintiff-Appellant, v. CHICAGO, FIRE & BURGLARY DETECTION, INC., Defendant-Appellee Page 6770
This appeal raises the question of whether the instant action commenced under Title VII of the Civil Rights Act of 1964 was properly disposed of on a motion for summary judgment.…
United States v. Loy Page 6771
487 F.2d 1405 U. S.v.Loy 73-1595 UNITED STATES COURT OF APPEALS Seventh Circuit 11/30/73 1 N.D.Ind.…
United States v. Jesse R. Smith Page 6772
This appeal calls upon us to align this circuit on the question of the nature of the scienter element under 18 U.S.C.…
United States v. Roxana Giragossiantz Page 6775
OPINION This action, brought by the United States, involves conflicting claims to the proceeds of raising crops.…
State prisoner Sanders pleaded guilty to a charge of first degree robbery (Cal.Penal Code §§ 211, 211a) in a California superior court and was appropriately sentenced.…
United States v. Joseph Henry Martinez Page 6777
OPINION In a jury trial, Martinez was convicted on all charges of a five-count indictment.…
Abbott Farms, Inc., petitions for review, and the NLRB for enforcement, of the Board’s order directing Abbott to bargain with the certified collective bargaining representative of a unit composed of employees who work in or in connection with its feed mill.…
In this section 1 Sherman anti-trust action, Saenz appeals from the trial court’s order granting summary judgment in favor of the appellees and dismissing his action with prejudice.…
Thomas Larry Kelley v. United States Page 6786
This is an appeal from an order denying a motion to vacate sentence pursuant to 28 U.S.C.…
John T. Hill v. State of Michigan Page 6787
John T. Hill, the plaintiff-appellant, filed a court action denominated “An Appeal and Petition for Writ of Error” against the City of Detroit and the Wayne County Circuit Court, alleging that his Fourteenth Amendment right to due process and equal protection of the laws was violated when the Michigan Court of Appeals…
The Tax Court determined that the appellants are liable for income tax deficiencies together with fraud penalties as prescribed by Section 6653(b) of the Internal Revenue Code of 1954.…
Karagiannis v. Aetna Casualty Page 6790
487 F.2d 1405 Karagiannisv.Aetna Casualty 72-1684 UNITED STATES COURT OF APPEALS Seventh Circuit 11/29/73 1 N.D.Ill.…
This is an appeal from an order of the district court denying a petition by the United States to secure enforcement of a summons issued by the Internal Revenue Service (IRS) under § 7602 of the Internal Revenue Code of 1954, 26 U.S.C.…
OPINION This is an appeal from an order granting the plaintiffs’ motions for a preliminary injunction restraining the defendants including the California Highway Commission, from proceeding with State Project 238, a proposed highway of 14 miles that will pass through three California cities, Hayward, Union City, and…
Vernon Willis Bowman, Jr., was convicted on the charge of possession with intent to distribute marijuana in violation of 21 U.S.C.…
Sibley Memorial Hospital v. Verne Wilson Page 6800
This appeal from a sua sponte grant of summary judgment in the District Court, 340 F.Supp. 686, requires us to resolve only the question of whether, on the facts alleged in the complaint, the action was maintainable under Title VII of the Civil Rights Act of 1964.…
Ida Brown v. Joseph Yeldell Page 6801
These appeals are from denials of both appellants’ writs of habeas corpus by the District Court.…
Miller v. Dunlop Page 6802
The complaint in this case, as filed on September 7, 1973, in the District Court for the Middle District of Florida by certain Florida retail dealers in gasoline, sought to enjoin the enforcement of certain federal regulations of the petroleum industry, 6 C.F.R.…
Thomas Joseph Wilson and Bobby Antonio Bryan appeal from judgments of the United States District Court for the Southern District of New York, Morris E.…
489 F.2d 33 UNITED STATES of America, Appellee,v.Michael and Janet FALLEY, Appellants.…
The factual circumstances of Winters’ crime and the procedural context in which his subsequent guilty plea was entered are set out in detail in the district court’s opinion, published at 333 F.Supp. 1033, and need not be reiterated at length here.…
This suit in diversity arose from an automobile collision between plaintiff-appellant Williams and Lewis Charles Elliott, who was driving a car owned by his employer, Westinghouse.…
This case involves job restrictions and a seniority system at the Jeffersonville plant of Colgate-Palmolive Company which produced results discriminatory against female employees.…
United States v. Davenport Packing Co Page 6820
487 F.2d 1405 U. S.v.Davenport Packing Co. 73-1289 UNITED STATES COURT OF APPEALS Seventh Circuit 11/28/73 1 S.D.Ill.…
United States v. James Edward Brown Page 6824
This bank robbery conviction is here for the second time.…
488 F.2d 462 Anthony SOUZA, Petitioner-Appellant,v.Francis A.…
United States v. Burnie McCall Page 6826
Appellant Burnie McCall appeals from a judgment of conviction entered upon a jury verdict returned December 6, 1972 after a three day trial before Harold R.…
United States v. William E. Blake Page 6830
Will the real United States Merchant Marine please sail forward.…
Citing Fulford v. Smith, 432 F.2d 1225 (C.A.5, 1970), the District Court denied appellant’s petition for writ of habeas corpus from a state conviction on the ground that he was abusing the Great Writ by advancing in a series of petitions grounds previously presented or grounds that were available to him in his prior…
United States v. Heron Green Page 6835
Heron Green was indicted, tried be-” fore a jury and convicted for violation of Title 21, U.S.C., § 841(a), knowingly and intentionally distributing and possessing with intent to ■ distribute, a Schedule I narcotic drug controlled substance, 3.68 grams of heroin.…
Wayne Ramsay v. James Bailey, M.D., Etc. Page 6838
487 F.2d 514 Wayne RAMSAY, Plaintiff-Appellant,v.James BAILEY, M.D., et al., etc., Defendants-Appellees.…
John S. Kirby, D/B/A Quik-Chek of Indiana and Quik-Chek, Inc. v. P. R. Mallory & Co., Inc. Page 6840
Plaintiff John S. Kirby (doing business as Quik-Chek of Indiana and Quik-Chek, Inc.) appeals from an order granting summary judgment to.Defendant P.…
The judgment dismissing plaintiff’s complaint as beneficiary of her deceased husband who was insured by defendant’s limited travel and accident policy, on the ground that the husband’s accidental death did not come within the scope of the policy coverage, is affirmed on the basis of Judge Bogue’s opinion, reported at…
Debbie and Doreen Soria and other elementary school students in the Oxnard School District (the Students) brought this class action for declaratory and in-junctive relief in the district court for themselves and all other similarly situated minority (Hispano/Negro) students.…
The National Association of Broadcast Employees and Technicians (NABET) and its Local No. 531, the Association of Film Craftsmen, brought these actions against the International Alliance of Theatrical Stage Employees (IATSE), 13 of its affiliated locals, and ten distributors and producers of motion pictures.…
In this action under 42 U.S.C. § 1983, plaintiff Magnett sought to recover damages from various police officers, ultimately reduced to Rhodes, a police sergeant, for invading his premises and for an alleged assault causing him physical and emotional injuries.…
487 F.2d 1308 Harvey Lawrence BURKETT, Plaintiff-Appellant,v.SHELL OIL COMPANY, Defendant-Appellee.…
Maurice Raymond Turcotte, Jr. was convicted of knowingly and wilfully refusing to submit to induction into the armed forces of the United States, in violation of 50 U.S.C.…
David Richard Caille v. United States Page 6862
David Richard Caille appeals from an order of the district court, denying his motion attacking his sentence, filed pursuant to 28 U.S.C.A.…
Miller v. American Airlines Page 6864
487 F.2d 1405 Millerv.American Airlines 72-1576 UNITED STATES COURT OF APPEALS Seventh Circuit 11/26/73 1 N.D.Ill.…
United States v. Little Page 6865
487 F.2d 1405 U. S.v.Little 73-1024 UNITED STATES COURT OF APPEALS Seventh Circuit 11/26/73 1 N.D.Ind.…
United States v. Ross Page 6866
487 F.2d 1405 U. S.v.Ross 73-1333 UNITED STATES COURT OF APPEALS Seventh Circuit 11/26/73 1 N.D.Ill.…
United States v. Tyler Page 6867
487 F.2d 1405 U. S.v.Tyler 73-1677, 73-1678 UNITED STATES COURT OF APPEALS Seventh Circuit 11/26/73 1 N.D.Ind.…
United States v. Thomas Page 6868
487 F.2d 1405 U. S.v.Thomas 73-1839 UNITED STATES COURT OF APPEALS Seventh Circuit 11/26/73 1 S.D.Ind.…
Iowa Citizens for Environmental Quality, Inc. v. John A. Volpe, as Secretary of Transportation Page 6869
This is a timely appeal by plaintiffs, an Iowa environmental organization, and eighteen individuals, from final order of the District Court dismissing their complaint seeking injunctive relief against the construction of a 21.4 mile diagonal segment of Interstate Highway 1-35, designated by the Federal Highway…
The judgment in favor of the Commissioner is affirmed on the basis of the opinion of the Tax Court (Wiebusch v. Commissioner of Internal Revenue, 59 T.C.…
United States v. William F. Ray Page 6871
Appellant appeals from his conviction of a violation of the Migratory Bird Treaty Act, 16 U.S.C.…
Stephen Dodge v. Giant Food, Inc Page 6872
Plaintiffs are male employees of Giant Food, Inc., a food store chain, who have been discharged or assigned to unfavorable positions because they chose to wear their hair longer than permitted by Giant’s grooming regulations.…
Les Aspin, William B. Broydrick v. Department of Defense, Melvin R. Laird, Secretary of Defense Page 6873
Honorable Les Aspin 1 appeals from an order of the United States District Court for the District of Columbia, granting appellees’ motion for summary judgment in a suit brought pursuant to § 552 of the Administrative Procedure Act, 5 U.S.C.…
What began as a rather minor incident in the research engineering and metallurgy departments of Trico Products Corporation (Trico) has subsequently developed into a vigorously contested dispute before the National Labor Relations Board and has finally led to a Board order imposing substantial back pay' liability on…
This is a Texas diversity case initiated by Pacific Indemnity Company, seeking a declaratory judgment pursuant to 28 U.S.C.…
486 F.2d 1400 Hercules Drilling Corporationv.MPS Production Company 73-1174 UNITED STATES COURT OF APPEALS Fifth Circuit Nov.…
481 F.2d 1145 Tommy McNEAL, Petitioner-Appellant,v.William HOLLOWELL, Superintendent, Mississippi StatePenitentiary, Respondent-Appellee.…
The appeal is ordered dismissed for want of prosecution for appellant’s failure to file a brief within the time fixed by the rules.…
The plaintiffs, Elwood Lewis and James McDonald, brought this suit against Walston & Co., a brokerage firm, and its registered representative, Mrs. Jackie DeCasenave, to recover for losses they sustained on the purchase of unregistered securities.…
United States v. Travis Jones Page 6885
Travis Jones was convicted by a jury of receiving and disposing of a stolen motor vehicle in interstate commerce.…
Like Vulcan Society v. Civil Service Comm’n, this day decided, this action was brought in the District Court for the Southern District of New York under the Civil Rights Act, 42 U.S.C.…
United States v. James Carfora Page 6891
On this appeal from a judgment entered May 4, 1973 in the Southern District of New York, Múrray I.…
United States v. John L. Ireland Page 6893
John L. Ireland was charged with aiding and abetting the taking of migratory birds with the aid of bait on and over a baited area, in violation of 16 U.S.C.…
United States v. James Edward Weeks Page 6900
The principal issue raised in this appeal is whether in-court identifications were tainted by pre-trial photographic displays.…
This is an appeal from the dismissal of a class action brought under Title VII of the Civil Rights Act of 1964, 42 U.S. C.…
This case involves the interpretation of a bail bond contract.…
This is an appeal from an order granting habeas corpus relief to a prisoner who is serving a life sentence imposed by a jury following a plea of guilty.…
United States v. Dept. Of Insurance Page 6906
487 F.2d 1405 U. S.v.Dept. of Insurance 72-1780 UNITED STATES COURT OF APPEALS Seventh Circuit 11/21/73 1 S.D.Ind.…
Terry v. Gray Page 6907
487 F.2d 1405 Terryv.Gray 73-1729 UNITED STATES COURT OF APPEALS Seventh Circuit 11/21/73 1 E.D.Wis.…
United States v. Charles Ray Considine Page 6911
502 F.2d 246 74-2 USTC P 9846 UNITED STATES of America, Plaintiff-Appellee,v.Charles Ray CONSIDINE, Defendant-Appellant.…
This controversy concerns the validity of a collective bargaining contract made by a local union and the imposition of a trusteeship over the local by its parent international union.…
United States v. Robert Bishop Page 6914
This is an appeal from a resentencing on the ground that the second sentence was an impermissible increase over the first, in violation of the rule laid down in North Carolina v. Pearce, 1969, 395 U.S. 711, 89 S.Ct.…
United States v. Frank John Bonanno Page 6916
Frank John Bonanno appeals from a judgment of the District Court for the Southern District of New York convicting him, on a two-count indictment, of passing, uttering and publishing and of possessing or concealing approximately 250 counterfeit $20 Federal Reserve Notes in violation of 18 U.S.C.A.…
The Board found that Employer, Bird-sall Construction Company, committed an unfair labor practice in violation of 8(a)(1), NLRA, 29.U.S.C.A.…
This diversity contract action involves questions of rescission and assessment of damages under Florida law, and proper joinder of parties under the Federal Rules of Civil Procedure.…
United States v. Arthur Johnnie Hagan Page 6921
Arthur Hagan appeals from his conviction for passing, uttering, selling, and delivering counterfeited notes, in violation of 18 U.S.C.…
Petitioner’s habeas petition alleges constitutional defects the existence of which can only be adequately determined by examination of the state trial record, or should that prove fruitless, after an evidentiary hearing in the District Court.…
Captain C. J. Taylor, a Jackson, Mississippi, police officer, seeks to invoke *214 federal jurisdiction under 42 U.S.C.…
United States v. Levy Joseph Williams Page 6925
Appellant Williams plead guilty to a violation of 18 U.S.C.…
This patent litigation began in 1961. It involves two proceedings.…
Falconer v. Bensinger Page 6932
487 F.2d 1405 Falconerv.Bensinger 72-1026 UNITED STATES COURT OF APPEALS Seventh Circuit 11/20/73 1 N.D.Ill.…
United States v. Spoon Page 6933
487 F.2d 1405 U. S.v.Spoon 73-1652 UNITED STATES COURT OF APPEALS Seventh Circuit 11/20/73 1 S.D.Ill.…
ORDER OF REMAND We considered this appeal at the September term of this court.…
State Automobile and Casualty Underwriters, through its attorney in fact, Automobile Underwriters Corp., seeks in this action a declaration of nonliability for an accident in which its insured, Albert Gardner, while driving his truck collided with another vehicle and caused injuries to a claimant-appellant, Stanley…
United States v. Darrell Duane Henry Page 6937
OPINION Appellant Henry was convicted on two counts of sale of heroin and conspiracy to sell heroin.…
Plaintiffs American Timber and Trading Co. (AT&T) and Lawrence Bernard and Dr. Lawrence Bernard, P.C.…
In the Matter of Palmar Millinery Co., Inc., Debtor-Appellant v. Morton Spar, Claimant-Appellee Page 6939
In October 1969, Morton Spar and Paul Schoenfeld each owned 50 percent of the stock of Palmar Millinery Co., Inc., and .a related corporation and were also two of the principal shareholders of a company in the neckwear business.…
487 F.2d 590 Frank GERACI, Jr., Individually and on behalf of all otherpersons similarly situated, Plaintiff-Appellant,v.James TREUCHTLINGER, Commissioner of Corrections for theCounty of Nassau, and Walter Flood, Warden of theNassau County Jail, Individually and intheir official capacities,Defendants-Respondents.…
United States v. Michael Farr Page 6944
After a jury trial in the United States District Court for the Southern District of New York before Charles L.…
488 F.2d 292 13 UCC Rep.Serv. 577 DOUBLE-E SPORTSWEAR CORP., Appellant,v.GIRARD TRUST BANK and X Corporation.…
United States v. Florencio Sepe Page 6949
The panel opinion in this case is reported, United States v. Sepe, 5 Cir., 1973, 474 F.2d 784.…
Garland Wayne Kelly and Allen Eugene Kelly, Sr. v. J. C. Smith and Chicot Land Company, Inc. Page 6952
485 F.2d 520 Garland Wayne KELLY and Allen Eugene Kelly, Sr., Plaintiffs-Appellees,v.J.…
483 F.2d 1154 84 L.R.R.M. (BNA) 2001, 72 Lab.Cas.…
This matter comes before the court upon a motion pursuant to our Eighth Circuit Rule 9(b) for summary dismissal of an appeal taken from an order of the district court dismissing portions of the complaint.…
OPINION Petitioner Ramada Inns, Inc., asks us to set aside an order of the National Labor Relations Board directing it to bargain with Local 235, Hotel and Restaurant Employees and Bartenders Union, A.F.L.-C.I.O.…
Burrel Rubenstein v. United States Page 6958
OPINION Before ALDRICH * ELY and WALLACE, Circuit Judges.…
Appellant alleges that he was denied his right to a speedy trial.…
Nicholas A. Palmigiano v. Joseph Baxter Page 6961
This is an action seeking damages and declaratory and injunctive relief pursuant to 42 U.S.C.…
OPINION OF THE COURT This appeal is from a judgment of conviction, based on a plea of guilty.…
487 F.2d 915 Jerry MAY, Plaintiff-Appellant,v.LEASE SERVICE, INC., et al., Defendants, Dino Star, Inc.,Defendant-Appellee.…
United States v. Luther Ernest Hendrix Page 6971
Luther Ernest Hendrix was convicted of violations of 26 U.S.C.…
This is a direct appeal by two young Vietnam veterans who became addicted to heroin during their tours of duty in Southeast Asia.…
This is an appeal from the reaffirmation of an order that requires the defendant School District to create a position for a third' assistant superintendent and to hire a Negro to fill the position.…
The government appeals from a judgment for taxpayers in an action to recover income taxes paid upon assessment of a deficiency by the Internal Revenue Service for the calendar years 1963 to 1966.…
Plaintiffs-appellants, husband and wife, brought an action in the District Court on behalf of themselves and all similarly situated married couples in the State of Ohio to test the constitutionality of Ohio Revised Code § 5747.-08(E), which provides that married couples filing a joint federal income tax return must…
486 F.2d 1405 74-1 USTC P 9303 Hamilton National Bank of Johnson Cityv.U.…
United States v. Zacher Page 6978
487 F.2d 1404 U. S.v.Zacher 71-1901 UNITED STATES COURT OF APPEALS Seventh Circuit 11/16/73 1 N.D.Ill.…
Carmi v. Gershon Page 6979
487 F.2d 1404 Carmiv.Gershon 72-1104 UNITED STATES COURT OF APPEALS Seventh Circuit 11/16/73 1 N.D.Ill.…
Silvestri v. Marshall Field Page 6980
487 F.2d 1404 Silvestriv.Marshall Field 72-1482, 72-1483 UNITED STATES COURT OF APPEALS Seventh Circuit 11/16/73 1 N.D.Ill.…
Nlrb v. Riviera Manor Nursing Home, Inc Page 6981
487 F.2d 1405 85 L.R.R.M. (BNA) 2303, 75 Lab.Cas.…
This is an appeal from an order granting a writ of habeas corpus releasing petitioner Samuel Saiken from state custody.…
Edward John v. Albert Hurt Page 6983
Plaintiff appealed from a judgment dismissing his complaint.…
Robert Dale Mullins v. United States Page 6985
A grand jury indicted defendant Robert Dale Mullins on 20 counts of mail fraud in violation of 18 U.S.C.…
OPINION Both parties have requested our instructions with respect to the allowance of interest on certain awards of attorneys’ fees recovered by appellant in the district court and subsequently reduced by us on appeal.…
This is an action for damages arising from the refusal of defendant, Amerada Hess Corporation, to deliver stock under a stock option granted in 1968 to plaintiff, T.…
United States v. Frederick M. Micheli Page 6991
Appellant, convicted of possessing and concealing counterfeit United States Federal Reserve notes with intent to defraud, 18 U.S.C.…
Meserve, trustee of the bankrupt Boston & Maine Corporation (B & M), appeals from a district court order requiring him to sell 8.5 miles of rail trackage in New Hampshire to appellee, North Conway Depot Company (Depot).…
United States v. Dennis Charles Tyers Page 6993
Appellant was convicted after a jury trial in the United States District Court for the Southern District of New York of possessing blank bank money orders valued at more than $100 which had been stolen from an interstate shipment in violation of 18 U.S.C.…
United States v. Raul Acosta Mendoza Page 6996
We hold that there was insufficient evidence to sustain the conviction of defendant under 18 U.S.C.A.…
486 F.2d 1401 Plaquemines Parish Commission Councilv.Travelers Indemnity Company of Connecticut 73-1070 UNITED STATES COURT OF APPEALS Fifth Circuit Nov.…
United States v. Bruce Wayne Kimbrell Page 6999
Bruce Kimbrell appeals from his conviction before a jury and sentence 1 for violation of the third paragraph of Title 18, U.S.C.…
Appellant, with others, organized a District of Columbia corporation styled “United States Merchant Marine,” provided its officers with nautical titles, 1 and leased space in a Washington office building rejoicing in the title “Headquarters Building.” So equipped, they placed in the mails addressed to various boat…
United States v. John Doe, A/K/A D. J. Page 7002
Indicted as John Doe, a/k/a D. J., David Lee Jones after a court trial was convicted and sentenced 1 under Count II of an indictment under Title 21, U.S.C., Section 841(a)(1) and Title 18, U.S.C., Section 2, for distributing about 2 grams of cocaine.…
485 F.2d 1390 UNITED STATES of America, Plaintiff-Appellee,v.Roosevelt BELL, aka Jerry Wade, aka Jerry Love, aka Mr. T.Wilson, Defendant-Appellant.…
United States v. David Connell Cox Page 7006
Cox appeals from his jury conviction of using a telephone to willfully threaten *635 to damage or destroy property by means of an explosive in violation of 18 U.S.C.…
Corman v. Curry Page 7007
487 F.2d 1404 Cormanv.Curry 72-2000 UNITED STATES COURT OF APPEALS Seventh Circuit 11/15/73 1 N.D.Ill.…
The Federal Communications Commission, without a hearing, approved the assignment of the license of a radio station and the proposal of the new licensee to change the format of the station from classical to contemporary music.…
John Anthony Taylor v. United States Page 7013
On November 13, 1972, John Anthony Taylor, who had been convicted in the District Court for the Eastern District of New York of conspiring to engage in *308 armed bank robbery in violation of 18 U.S.C.…
On this appeal from an order entered in the Southern District of New York by Lloyd F.…
OPINION OF THE COURT This appeal challenges a district court order denying a petition for a writ of habeas corpus by a federal prisoner, alleging that his extradition from Jamaica and subsequent confinement as a parole violator are illegal.…
United States v. Westbrook Page 7018
486 F.2d 1399 U. S.v.Westbrook 72-2500 UNITED STATES COURT OF APPEALS Fourth Circuit 11/14/73 1 D.Md.…
United States v. Lowell Jones Page 7021
Upon consideration of the briefs ánd oral argument, we find no reversible error.…
On this appeal from denial of a petition for writ of habeas corpus, the latest of several successive federal petitions, the appellant claims ineffectiveness of counsel in 1951 Texas state proceedings in which he was convicted of burglary and his sentence enhanced to life under the Texas recidivist statute, Art. 63…
James Edward Clayton, a state prisoner appeals from the district court’s dismissal of his 42 U.S.C.…
This action under 42 U.S.C.A. § 1983, brought by Sterling M.…
This is an action brought pursuant to 42 U.S.C.A.…
United States v. Stern Page 7033
487 F.2d 1404 U. S.v.Stern 72-1714 UNITED STATES COURT OF APPEALS Seventh Circuit 11/14/73 1 N.D.Ill.…
United States v. White Page 7034
487 F.2d 1404 U. S.v.White 73-1644 UNITED STATES COURT OF APPEALS Seventh Circuit 11/14/73 1 S.D.Ind.…
Voyager 1000 v. Civil Aeronautics Board Page 7035
489 F.2d 792 27 A.L.R.Fed. 140 VOYAGER 1000, Petitioner,v.CIVIL AERONAUTICS BOARD, Respondent.…
United States v. Sam Meredith Lawson Page 7036
The Government appeals, pursuant to 18 U.S.C.…
Charles H. Johnson, Sr. v. Elliot L. Richardson, Secretary of Health, Education and Welfare Page 7037
The claimant, Charles H. Johnson, Sr., appeals from the district court’s judgment in favor of the Secretary of Health, Education and Welfare, which had denied him Social Security disability insurance benefits under 42 U.S.C.…
We review a final judgment below denying relief to the plaintiff-appellant, Marcos Garcia, in his suit for damages against his employer, The Queen, Ltd., and his employer’s two insurers.…
In this case the Secretary of Labor (the Secretary) has invoked the jurisdiction of this Court under Section 11 (b) of the Occupational Safety and Health Act of 1970 (the Act), 1 and asked that we review a “Supplemental Order” of the Occupational Safety and Health Review Commission (the Commission) vacating a citation…
487 F.2d 302 STAUFFER CHEMICAL COMPANY, Plaintiff,v.TUG NEPTUNE, her engines, tackle, apparel, etc., and ArthurSmith Corporation, her owner and operator, and the TUGSHOAT, her engines, tackle, apparel, etc., and Bacon TowingCompany, her owner, etc., et al., Defendants-Appellants,Olin Mathieson Chemical Corp.…
Nathaniel Daniels v. State of Alabama Page 7046
The State of Alabama here appeals from an order of the district court granting the habeas corpus petition of Nathaniel Daniels, subject to the right of the State to retry him within six months, unless Alabama provides him with “effective out-of-time appellate consideration of his conviction and sentence”.…
Early Lowe v. State of Alabama Page 7049
Petitioner’s pro se applications for a certificate of probable cause, and for leave to appeal in forma pauperis are granted, and the appeal is docketed.…
The plaintiff, a licensed physician, sued the hospital for discharging him from the hospital staff, claiming federal jurisdiction on the basis of 42 U.S.C.…
Winkleman v. Jeffries Page 7051
487 F.2d 1404 Winklemanv.Jeffries 73-1022 UNITED STATES COURT OF APPEALS Seventh Circuit 11/13/73 1 E.D.Ill.…
Lindsey v. Gray Page 7052
487 F.2d 1404 Lindseyv.Gray 73-1092 UNITED STATES COURT OF APPEALS Seventh Circuit 11/13/73 1 E.D.Wis.…
Jerry Campbell v. State of Minnesota Page 7053
The defendant was tried in Minnesota’s Hennepin County District Court and convicted of murder in the first degree.…
United States v. Robert Portsche Ward Page 7056
(dissenting): I respectfully dissent. In my opinion the F.B.I.…
OPINION OF THE COURT This appeal raises issues concerning the rights of seamen who invoke the grievance machinery of a collective bargaining agreement for alleged wrongful discharge and demotion to also sue for damages for the same alleged contractual violation.…
National Labor Relations Board v. Intercontinental Mfg. Co., Inc., Bergman Manufacturing Company Page 7060
In this case, the National Labor Relations Board, pursuant to section 10(e) of the National Labor Relations Act, 1 has applied for enforcement of its Order issued on February 7, 1973, against Intercontinental Manufacturing Company, Inc., Bergman Manufacturing Company (hereinafter “Company”).…
United States v. L. A. Dowdy Page 7063
Dowdy was convicted in a jury trial of bank robbery by force and intimidation in violation of 18 U.S.C.A.…
In the Criminal Court of Record for Dade County, Florida, the appellant, William Jennings, Jr., was convicted of armed robbery, State disposition of Jennings’ original appeal and subsequent motions to vacate are reported, Jennings v. State, 228 So.2d 117; 248 So.2d 247; and 268 So.2d 576 (D.C.A., Fla., 1969, 1971, and…
485 F.2d 1390 AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Plaintiff-Appellee,v.FLORIDA-TEXAS FREIGHT, INC., Defendant-Appellant.…
Petitioner Jesse James Roberts, Jr., appeals the denial of his Section 2255 motion without a hearing.…
United States v. Ruben Lee Page 7069
In a jury trial, Lee was convicted on two counts of possession and distribution of heroin in violation of 18 U.S.C.A.…
Jo Rae Vasilinda v. United States Page 7071
The plaintiff-appellant, Jo Rae Vasi-linda, brought this suit to enjoin the collection of a $300 excise tax assessed against her as a tax on the transfer of marijuana.…
United States v. Tulipano Page 7072
487 F.2d 1404 U. S.v.Tulipano 72-1860 UNITED STATES COURT OF APPEALS Seventh Circuit 11/12/73 1 N.D.Ill.…
United States v. Raymond Page 7073
487 F.2d 1404 U. S.v.Raymond 73-1157, 73-1158, 73-1159 and 73-1160 UNITED STATES COURT OF APPEALS Seventh Circuit 11/12/73 1 N.D.Ind.…
The Scotch Whisky Association v. Barton Distilling Company (Now Known as Barton Brands, Inc.) Page 7074
Two of plaintiffs are producers of Scotch whisky in Scotland, marketed throughout much of the world, including Panama and the Canal Zone.…
This appeal results from the joint trial and conviction, by a jury, of Steven Elmer Roell and Carrie Lee Manning.…
John M. Cleary v. O. Roy Chalk Page 7082
Section 10 of the Clayton Act 1 prohibits interstate common carriers and corporations with which they have interlocking directors from dealing in securities and articles of commerce aggregating in value more than $50,000 annually except on the basis of competitively-derived bids most favorable to the carrier.…
In this application for a writ of mandamus, we cannot say that the district court 'abused its discretion when it declined to dismiss the action for want of prosecution, and we will therefore deny the writ.…
Jack Donald Todd was convicted by a jury in the Fulton Superior Court, Atlanta, Georgia, of the offense of burglary.…
Appellant Patterson filed a habeas corpus petition in the district court pursuant to 28 U.S.C.…
Hector S. Amaya v. U. S. Board of Parole Page 7092
We determine in this case that one convicted under the now-repealed 21 U.S.C.A.…
485 F.2d 1236 73-2 USTC P 9778 HYDROMETALS, INC., Petitioner-Appellant,v.COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.…
487 F.2d 1404 Sieversv.Keebler Co. v. McCleary Industries 72-1628 UNITED STATES COURT OF APPEALS Seventh Circuit 11/9/73 1 W.D.Wis.…
United States v. Kelly Page 7096
487 F.2d 1404 U. S.v.Kelly 73-1692 UNITED STATES COURT OF APPEALS Seventh Circuit 11/9/73 1 N.D.Ill.…
This is an action brought under 42 U. S.C.…
United States v. Sylvester Atkins Page 7099
Sylvester Atkins, age 26, appeals from a two-count conviction of distributing a controlled substance (heroin) in violation of 21 U.S.C.…
This is a suit by labor union under Section 301(a) of the Labor Management Relations Act, 29 U.S.C.…
487 F.2d 957 Beatrice and Douglas DASHIELL, Plaintiffs-Appellants,v.KEAUHOU-KONA COMPANY et al., Defendants-Appellees.…
United States v. Robert Rivas Villegas Page 7104
Robert Rivas Villegas was convicted of possession with intent to distribute and distribution of heroin.…
The Tax Court sustained a deduction, under Section 162(a) of the Internal Revenue Code of 1954, for the travel, books, and living expenses of a California high-school teacher taking university courses in Norway.…
This appeal is taken by the Commissioner from a decision of the Tax Court, 31 T.C.M.…
In this case Leviton Manufacturing Company, Inc. seeks review of a Labor Board order based on findings that Leviton violated § 8(a)(1) of the Act by discharging four of its employees.…
Complaining that she was illegally discharged from her employment with the United States in the Carolina Area Support Center Army-Air Force Exchange Service at Fort Bragg, North Carolina, because of her race and denial of procedural due process, Hattie T.…
United States v. Allen Lester Schultheis Page 7116
This appeal involves the construction of Title 18 U.S.C.…
Thomas Carlton Wansley v. A. E. Slayton, Superintendent of the Virginia State Penitentiary Page 7117
The petitioner is a state prisoner, convicted of rape and robbery in the Corporation Court of Lynchburg, Virginia, in March, 1967.…
The State of Maryland appeals from a judgment of the district court sustaining Conrad Whitfield’s claim of double *1120 jeopardy and consequently barring his retrial for murder and conspiracy to commit murder.…
United States v. Johnny Ray Smith Page 7126
Appellant, Johnny Ray Smith, was convicted in the Federal District Court for the- Northern District of Florida for forging, counterfeiting, passing, uttering and publishing two United States Postal Money Orders, in violation of 18 U.S.C.…
This is an appeal from an order dismissing a Miller Act claim 1 ***by a materialman against a general contractor and its statutory surety on the ground that the suit was not commenced within the prescribed one-year period.…
Jursich v. Case Company Page 7134
487 F.2d 1404 180 U.S.P.Q. 547 Jursichv.Case Company 72-2041, 72-2042 UNITED STATES COURT OF APPEALS Seventh Circuit 11/8/73 N.D.Ill., 350 F.Supp. 1125 AFFIRMED
Sartin v. United States Page 7135
487 F.2d 1404 Sartinv.U. S. 73-1040 UNITED STATES COURT OF APPEALS Seventh Circuit 11/8/73 1 N.D.Ill.…
United States v. Barksdale Page 7136
487 F.2d 1404 U. S.v.Barksdale 73-1162 UNITED STATES COURT OF APPEALS Seventh Circuit 11/8/73 1 N.D.Ind.…
United States v. Becker Page 7137
487 F.2d 1404 U. S.v.Becker 73-1654 UNITED STATES COURT OF APPEALS Seventh Circuit 11/8/73 1 N.D.Ill.…
United States v. James Robert Harstad Page 7138
This case is another illustration of the technicalities, real or imagined, that it is possible to find in an area as broadly and necessarily regulated as the Selective Service.…
United States v. Melvin William Moore Page 7140
Following a jury trial, appellant Moore was convicted of bank robbery in violation of 18 U.S.C.…
In an action to compel the payment of dividends, the District Court, on cross-motions for summary judgment, ruled that the claim was no longer maintainable because of the supervening circumstance of an Interstate Commerce Commission order approving a corporate consolidation and, as an incident thereof, providing…
The principal question raised on this appeal from judgments in the United States District Court for the Eastern District of New York relates to the claim of deprivation of the sixth amendment right to effective counsel by virtue of the fact that the same attorney represented both appellants below.…
United States v. Charles Baker Page 7144
487 F.2d 360 UNITED STATES of America, Appellee,v.Charles BAKER, Appellant.…
These are appeals from judgments of conviction by Flora Purin and Ernani Da Silva entered after a five-day trial before Hon.…
United States v. Rickey Leon Jones Page 7149
Rickey Leon Jones appeals from his conviction, after a jury trial, on two counts of bank robbery for violation of 18 U.S.C.…
The appeal is ordered dismissed for want of prosecution for appellant’s failure to file a brief within the time fixed by the rules.…
Wilson v. Midwest Folding Products Page 7157
487 F.2d 1404 180 U.S.P.Q. 547 Wilsonv.Midwest Folding Products 72-2031, 72-2032 UNITED STATES COURT OF APPEALS Seventh Circuit 11/7/73 1 N.D.Ill.…
Smith v. United States Page 7158
487 F.2d 1404 Smithv.U. S. 73-1195 UNITED STATES COURT OF APPEALS Seventh Circuit 11/7/73 1 N.D.Ill.…
Anderson v. United States Page 7159
487 F.2d 1404 Andersonv.U. S. 73-1400 UNITED STATES COURT OF APPEALS Seventh Circuit 11/7/73 1 N.D.Ind.…
United States v. Ricardo Chavez Ortiz Page 7162
Chavez Ortiz was charged with aircraft piracy for hijacking a passenger aircraft in violation of 49 U.S.C.…
Louis Perez Cerda v. United States Page 7164
OPINION This is the fourth time that Cerda’s case has been before this court: Cerda v. United States, 9 Cir., 1968, 391 F.2d 219 (appeal from conviction; affirmed) ; Cerda v. United States, 9 Cir., 1970, 424 F.2d 544 (appeal from denial of motion under 28 U.S.C.…
United States v. David M. Sarvis Page 7165
Sarvis was convicted by a jury of at-temped tax evasion and making and subscribing to a false return.…
Plaintiff and defendant 1 are engaged in the business of publishing handicapping systems for betting on horse races.…
OPINION OF THE COURT This appeal involves a narrow question of procedural law: whether Federal Rule of Civil Procedure 4(e)(2), providing for service in quasi-in-rem actions, requires compliance with the rule of venue applied in Pennsylvania attachment proceedings.…
M. v. McDonald v. Oivind Lorentzen Page 7171
Plaintiff-appellant sued in admiralty for injuries sustained while working as a longshoreman for the Southern Steve-doring Co., Inc. He was injured while helping to unload cargo from the SS No-pal Luna while the ship lay docked in navigable waters at Houston, Texas.…
An Alabama statute provides that misrepresentation by the insured on an application for an insurance policy may serve as a reason to void the policy only if the misrepresentation is made “with actual intent to deceive” or if “the matter misrepresented increased the risk of loss”.…
This is an appeal from a judgment of conviction for the knowing possession of goods stolen while in interstate shipment in violation of 18 U.S.C.…
Lance Schenker appeals solely on the ground that he was improperly sentenced under the Youth Corrections Act, 18 U.S.C., § 5010 et seq.…
United States v. Larry G. Carter Page 7180
This is an appeal from a judgment of conviction of knowingly and unlawfully *1028 possessing a quantity of cocaine, a controlled substance, in violation of 21 U.S. C.…
This is an appeal from the grant of summary judgment affirming the Secretary’s denial of a claim for disabled widow’s insurance benefits under 42 U.S.C.…
United States v. Hickman Page 7182
487 F.2d 1404 U. S.v.Hickman 73-1208 UNITED STATES COURT OF APPEALS Seventh Circuit 11/6/73 1 N.D.Ill.…
Guerra v. United States Page 7183
487 F.2d 1404 Guerrav.U. S. 73-1355 UNITED STATES COURT OF APPEALS Seventh Circuit 11/6/73 1 S.D.Ind.…
Struzik v. Gray Page 7184
487 F.2d 1404 Struzikv.Gray 73-1457 UNITED STATES COURT OF APPEALS Seventh Circuit 11/6/73 1 E.D.Wis.…
Chicago Welfare Rights Org. v. Edelman Page 7185
487 F.2d 1404 Chicago Welfare Rights Org.v.Edelman 73-1881 UNITED STATES COURT OF APPEALS Seventh Circuit 11/6/73 1 N.D.Ill.…
Fehrs Finance Company, Cross-Appellee v. Commissioner of Internal Revenue, Cross-Appellant Page 7188
The focal point of this controversy concerns the basis attributable to certain stock in the hands of the acquiring corporation in connection with a redemption of stock through the use of related corporations pursuant to 26 U.S.C.…
United States v. Timothy Patrick Hoctor Page 7189
487 F.2d 270 UNITED STATES of America, Appellant,v.Timothy Patrick HOCTOR, Appellee.…
*949 OPINION On September 10, 1968, McKinney was convicted by a judge sitting without a jury under three counts of violating federal narcotics laws.…
OPINION Appellant was convicted of conspiracy to manufacture amphetamine and methamphetamine (“speed”) in violation of Title 18 U.S.C.…
Williams and Matza appeal their convictions after jury trial for violation of 21 U.S.C.…
OPINION This is a cross-appeal in a suit for patent infringement.…
This is an appeal by the government from a judgment of the United States District Court for the District of Kansas awarding taxpayer a refund for the taxable year 1964 in the amount of $1,854.77 plus interest.…
For the prior history of the controversy over who is entitled to a construction permit to operate a commercial television station on Channel 9 in Orlando, Florida, now before us again in these consolidated appeals, one may turn to the decisions of this court enumerated in the margin.1 In 1965 we vacated the…
Appellee challenged the constitutionality of forfeiture proceedings under 49 U.S.C.A.…
Appellee Borg-Warner Acceptance Corporation held the promissory note, with supporting lien documents, representing the deferred balance of $16,323.-00 owing by Anthony J.…
United States v. Carl Levern Rogers Page 7215
In compliance with the mandate set forth in Anders v. California, 386 U.S. 738, 87 S.Ct.…
Appeal is taken in these cases, tried separately below but consolidated here, from denial in the District Court of motions for dismissal of the respective in-formations for failure to allege, facts which constituted a violation of the *296 Food Stamp Act of 1964, 7 U.S.C.A.…
The American Family Life Assurance Company of Columbus, Georgia, sued Blue Cross and Blue Shield of Florida.…
Plaintiff Union Carbide sought recovery from defendants Harold Rosen and Sidney Katz on a contract of guaranty.…
United States v. Willie J. Vaughn Page 7225
486 F.2d 1318 UNITED STATES of America, Appellee,v.Willie J.…
The Department of Agriculture instituted proceedings against Farmland Enterprises, Inc., a corporation, Frank R.…
United States v. Thomas Daniel Stone Page 7227
This is a timely appeal by defendant Thomas Daniel Stone from his conviction upon an indictment charging him with failure to submit to induction in violation of Title 50, Appendix, U.S.C.…
486 F.2d 1351 UNITED STATES of America, Plaintiff-Appellee,v.Keith Edward ALLENDE, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee,v.Serito Trujillo MONTOYA, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee,v.Donna Rae SILSBEE, Defendant-Appellant.…
State of Maine v. Robert W. Fri, Etc. Page 7231
For the second time, the Administrator of the Environmental Protection Agency (EPA) appeals from the district court’s interim order of June 29, 1973, requiring him to allot $29,025,000 to Maine in fiscal year 1973 for purposes of the Water Pollution Control Act Amendments of 1972, 33 U.S.C.…
486 F.2d 696 73-2 USTC P 9750, 179 U.S.P.Q.…
Allied Bitumens, Inc. v. United States Page 7234
485 F.2d 1237 73-2 USTC P 16,120 ALLIED BITUMENS, INC., Plaintiff-Appellee.v.UNITED STATES of America, Defendant-Appellant.…
This appeal is taken from an order of the District Court dismissing a suit by Georgia state prisoners seeking injunctive relief from alleged civil rights violations.…
Oscar Valdes and his daughter, Olga Valdivieso, appeal their jury verdicts of conviction on four counts of conspiring to violate federal narcotics laws and committing overt acts of knowingly and intentionally possessing and distributing 20 grams of cocaine in violation of 21 U.S.C.A.…
Dye v. Whitehead Page 7247
487 F.2d 1404 Dyev.Whitehead 72-1396 UNITED STATES COURT OF APPEALS Seventh Circuit 11/2/73 1 S.D.Ill.…
United States v. Erckman Page 7248
487 F.2d 1404 U. S.v.Erckman 72-1669 UNITED STATES COURT OF APPEALS Seventh Circuit 11/2/73 1 N.D.Ill.…
United States v. James G. Barnes Page 7250
James G. Barnes was convicted on two counts of violating 21 U.S.C.…
This case presents the same jurisdictional question as was presented in the case of Laramie v. Nicholson, 9 Cir., 1973, 487 F.2d 315.…
United States v. Robert Wyler Page 7259
Appellant Wyler was convicted with nine other defendants after a jury trial in the Eastern District of New York (Mishler, Ch.J.) of conspiracy to violate the narcotics laws.…
United States v. James Bivona Page 7260
Once again, we are called upon to consider a criminal appeal in which the sole issue is whether the prosecutor’s courtroom, conduct was so inflammatory that it deprived the defendant of a fair trial.…
Although we agree with the result reached by the Tax Court, unfortunately we cannot abide by the course taken to arrive at that decision.…
Once again this Court, and more importantly, the jurisprudence is aided by the remarkable Florida certification procedure 1 pursuant to the provisions of § 25.031 Florida Statutes, F.S.A., and Rule 4.61 Florida Appellate Rules, 32 F.…
The central question on this appeal (Does a State law which requires that welfare payments to disabled or mentally incompetent minors be made to a court appointed guardian in the absence of legal emancipation of the minor contravene the Social Security Act and the Supremacy Clause of the United States Constitution?)…
This civil rights action under 42 U.S. C.…
William Tyrone Harris, a prisoner of the State of Texas, has appealed from the district court’s denial of his petition for habeas corpus relief.…
Bowers v. Gray Page 7271
487 F.2d 1404 Bowersv.Gray 73-1347 UNITED STATES COURT OF APPEALS Seventh Circuit 11/1/73 1 E.D.Wis.…
Terry v. Gray Page 7272
487 F.2d 1404 Terryv.Gray 73-1520 UNITED STATES COURT OF APPEALS Seventh Circuit 11/1/73 1 E.D.Wis.…
Harry Like v. Proctor Carter Page 7273
In this sequel to the remand which we originally ordered in Like v. Carter, 448 F.2d 798 (8th Cir. 1971), Harry Like, for himself and similarly situated public assistance applicants, seeks the payment of welfare benefits on a retroactive basis to qualified applicants whose applications had not been promptly processed…
United States v. Roland Francis Poitra Page 7275
Defendant Roland Francis Poitra, an Indian, was found guilty of taking $269.00 by force and violence from the person of Wilmer Charles St. Claire, an Indian.…
Nyad Motor Freight, Inc. served as a contract motor carrier for W.…
United States v. Allen Bernard Williams Page 7282
486 F.2d 983 UNITED STATES of America, Appellee,v.Allen Bernard WILLIAMS, Defendant-Appellant.…
United States v. Vincent Rollins Page 7283
This is the second time this case has been before the court in respect to this court’s now superseded Rules Regarding Prompt Disposition of Criminal Cases, often referred to as the Second Circuit Speedy Trial Rules.…
At the time of his accident, appellant was chief electrician for a ship repairer.…
483 F.2d 557 13 UCC Rep.Serv. 124 In the Matter of SAMUELS & CO., INC., Bankrupt.Curtis R.…
486 F.2d 25 David Pope HOOD, Plaintiff-Appellant,v.DUN & BRADSTREET, INC., Defendant-Appellee.…
This ease presents the question whether the defendants’ second prosecution was permissible under the double jeopardy clause after the court on its own motion declared a mistrial during their first trial.…
United States v. Perry Russell Tunnell Page 7292
Perry Russell Tunnell was convicted on each of three counts for willfully attempting to evade federal income tax during the years 1965, 1966, and 1967, in violation of 26 U.S.C.…
United States v. Garry Michael Fletcher Page 7293
Garry Michael Fletcher appeals his conviction of three counts of violating Title 21, Sections 841(a)(1) and 846, U.…
The District Court dismissed this case for repeated refusal by plaintiff-appellant to abide by a settlement agreement previously reached with appellee.…
United States v. Julius West Page 7298
In this appeal from conviction of bank robbery, 1 use of a firearm to commit a felony against the United States, 2 and killing of a bank employee in the course of the robbery, 3 we are asked to determine whether the prosecution’s opening statement and its calling of a reluctant witness constitutes reversible error and…
Plaintiff-appellee was awarded damages by a jury in the amount of $532,832.02 for the death of her husband, Donald Hageman.…
King-Seeley Thermos Co. v. Borg-Warner Page 7301
486 F.2d 1406 King-Seeley Thermos Co.v.Borg-Warner 72-1985 UNITED STATES COURT OF APPEALS Seventh Circuit 10/31/73 1 N.D.Ill.…
This matter was originally assigned to an Administrative Panel of this court to consider appellant’s motion for leave to proceed on appeal in forma pauperis from the order of the district court dismissing his civil rights complaint, and for appointment of counsel.…
Luis Sanchez Plazola v. United States Page 7304
Although the authority of United States v. King (9th Cir. 1970) 430 F.2d 1177 has been eroded, it is still the law of this Circuit.…
In 1967, McNally Pittsburgh Manufacturing Company purchased from defendant below, General Electric Company, a “motor control center” for use in connection with the operation of a coal mine.…
As a result of Government pressure to desegregate its schools, Atlanta, Texas, unitized its school system commencing with the 1970-71 term.…
United States v. James Ernest Jaqua Page 7312
James Ernest Jaqua was convicted of resisting, assaulting, opposing, impeding, and interfering with an officer of the United States Border Patrol, while that officer was engaged in the performance of his official duties, in violation of 18 U.S.C.…
486 F.2d 894 SOUTHEASTERN PROMOTIONS, LTD., Plaintiff-Appellant,v.Steve CONRAD et al., Defendants-Appellees.…
This is an appeal by James Edward Kennedy, a state prisoner, from the district court’s denial of a writ of habeas corpus.…
United States v. Moore Page 7317
486 F.2d 1406 U. S.v.Moore 72-1813 UNITED STATES COURT OF APPEALS Seventh Circuit 10/30/73 1 N.D.Ill.…
Harold Studios v. Ricardo Arts Page 7318
486 F.2d 1406 Harold Studiosv.Ricardo Arts 73-1427 UNITED STATES COURT OF APPEALS Seventh Circuit 10/30/73 1 N.D.Ill.…
Defendants Bey, Cogwell, Fort, Jackson and Pugh 1 appeal their jury convictions for conspiring to make false statements to the Office of Educational Opportunity, to obtain fraudulently monies which were the subject of a poverty program grant, and to defraud the United States through falsification and concealment of…
The National Labor Relations Board petitions this court for enforcement of its order based on its determination that the company had engaged in an unfair labor practice in violation of section 8(a)(1) of the National Labor Relations Act.…
This appeal is from an order granting summary judgment for defendants-appellees, Chrysler Motors Corporation and J.…
In Re Thomas W. Farquhar Page 7324
492 F.2d 561 160 U.S.App.D.C. 295 In re Thomas W.…
Marine regulations limit the freedom of personnel assigned to units in the Western Pacific to have their dependents visit them.…
Robert L. Cardillo v. John Zyla, Etc. Page 7326
In a diversity action Cardillo seeks damages against various individuals who, he alleges, gave or induced others to give perjured testimony by reason of which Cardillo was convicted and sentenced.…
Darrell R. Page v. Charles R. Sharpe Page 7327
This is a pro se appeal from the dismissal of what appears to be a civil rights action under 42 U.S.C.…
Levon Brown v. United States of America Page 7329
This is an action for compensatory and punitive damages by a federal prisoner against the sheriff and head jailer of Pulaski County, Arkansas and against the federal government for injuries plaintiff received in two separate as *286 saults by fellow inmates during plaintiff’s pretrial detention in the Pulaski County…
Cleveland Umbaugh, appellant, stands convicted in the Circuit Court of Arkansas of the offense of kidnapping Joselyn Howard for the purpose of committing a felony.…
United States v. Clifford Jones Page 7331
Clifford Jones was tried and convicted, by a jury, of violating the provisions of 21 U.S.C.…
OPINION Defendant Matson Navigation Company appeals from a judgment on a jury verdict in favor of plaintiff seaman in the amount of $40,000.…
OPINION This case is before us upon application of the National Labor Relations Board (Board), petitioner, pursuant to section 10(e) of the National Labor Relations Act (the Act), as amended, 61 Stat. 136, 73 Stat. 519, 29 U.S.C.…
This is a condemnation action. The United States appeals from the judgment and order of the United States District Court for the District of Kansas awarding compensation to appellees, Russell L.…
United States v. Russell Sawaya Page 7338
Russell Sawaya appeals from the denial of his pro se petition to vacate sentence filed under 28 U.S.C.…
Appellants, William Marrapese and Nicholas Zinni, appeal from judgments of conviction of conspiracy (18 U.S.C.…
The District Court correctly denied appellant’s petition for a writ of habeas corpu.s from a state conviction on the ground that the petition only raised questions of the sufficiency and competency of evidence which are not of constitutional dimension.…
Mary Jeanne ROSE, Plaintiff-Appellant, v. BRIDGEPORT BRASS COMPANY Et Al., Defendants-Appellees Page 7344
487 F.2d 804 6 Fair Empl.Prac.Cas. 837, 6 Empl.…
In this petition the Secretary of Labor seeks judicial review of an order of the Occupational Safety and Health Review Commission in which the Commission, while upholding the Secretary’s citations for violations of the Act, nonetheless vacated the proposed penalties for such citations.…
In the Matter of N. Pfeffer Jewelers, Inc., Debtor-Appellee v. Arthur I. Winard, Attorney-Appellant Page 7347
OPINION By these proceedings appellant seeks compensation for his legal services in preserving a debtor’s estate preparatory to an Arizona bankruptcy.…
United States v. Walter J. Chavis, Jr. Page 7351
This case comes before us on a supplemental record following our remand in the original appeal.…
Fred O'Neil v. United States Page 7353
This is an appeal from an order of the United States District Court, Western District of New York, Hon.…
Walter Thomas, Jr. v. W. J. Estelle Page 7357
This Texas state prisoner habeas applicant was a co-defendant with Cariston Thornton in a conviction on charges of robbery by assault.…
United States v. Harold Dean Audsley Page 7358
Appellant Audsley was found guilty by a jury of aiding and abetting the interstate transportation and pledging of stolen securities in violation of 18 U.S.C.…
Gussie Johnson v. The Town of Jonesboro Page 7361
The entry of judgment in the within matter adjudicated the liabilities of fewer than all of the parties in and to the litigation.…
By petition for writ of mandamus or prohibition, the Department of Justice asks this Court to direct the District Court to vacate two orders: (1) requiring the recording of all grand jury testimony; and (2) directing, in a certain criminal case, 1 that the Government produce, for the inspection of defense counsel, the…
This case is before us upon the application for enforcement of an order of the National Labor Relations Board that is reported at 200 N.L.R.B.…
486 F.2d 1406 Connector Corp.v.Permonite Mfg.…
United States v. James Charles Stephens Page 7370
486 F.2d 915 UNITED STATES of America, Plaintiff-Appellee,v.James Charles STEPHENS, Defendant-Appellant.…
This is a suit for refund of an estate tax in which the district court found for the plaintiff, executor and surviving husband of the decedent and hereinafter taxpayer.…
The appeal before us relates to the tort liability of the Mine Safety Appli- *858 anee Company (hereafter Mine Safety) and Texaco, Inc., arising out of the death of appellant’s decedent, Ted McDonald.…
United States v. Ohio Page 7374
This case has been certified to this court for appropriate proceedings in accordance with § 211(c) of the Economic Stabilization Act as amended 1 hereinafter called the Act, by the United States District Court for the Southern District of Ohio.…
Elijah Ephraim Jhirad v. Thomas E. Ferrandina, United States Marshal, Southern District of New York Page 7375
This is a consolidated appeal from two orders of the United States District Court for the Southern District of New York denying the appellant’s petitions for writs of habeas corpus in an international extradition proceeding.…
The National Labor Relations Board seeks enforcement of its finding that Florida Mining & Materials Corporation violated section 8(a)(5) and (1) of the National Labor Relations Act by refusing to bargain with the certified representative of the employees at its Jacksonville, Florida, plant.…
484 F.2d 296 Wilson J. PARFAIT, Plaintiff,v.JAHNCKE SERVICE, INC., Defendant-Third Party Plaintiff-Appellee,Yo-Ro Diesel Service, Inc., Third Party Defendant-FourthParty Plaintiff-Appellee-Appellant,Home Indemnity Company, Third Party Defendant-Appellee,The Travelers Indemnity Company, Fourth Party Defendant-Appellant.…
Petitioner Rogers Manufacturing Company (hereinafter Company) pursuant to Section 10(f) of the National Labor Relations Act, 29 U.S.C.…
This is an application for enforcement of an N.L.R.B.…
United States v. Jack Anthony Lucido Page 7388
This case is an appeal from a conviction in the district court on one count of using interstate telephone facilities to carry on a gambling operation.…
The appellants were convicted under 18 U.S.C.…
Eppler v. C. I. R Page 7390
486 F.2d 1406 Epplerv.C. I. R. 73-1029 UNITED STATES COURT OF APPEALS Seventh Circuit 10/24/73 1 T.C.…
Each petitioner claims that the failure to appoint counsel to represent him at his parole revocation hearing deprived him of due process.…
Elmo J. Gilbert, on Behalf of Himself and All Others Similarly Situated v. Wood Acceptance Co. Page 7392
This appeal concerns the interpretation of the Truth-in-Lending Act (Title I of the Consumer Credit Protection Act, 15 U.S.C.…
United States v. Francisco Bustamante-Gamez, United States of America v. Abelardo Garcia-Ramirez Page 7396
OPINION Bustamante-Gamez and Garcia-Ramirez appeal from their convictions under 21 U.S.C.…
United States v. Jackson Willie Gant Page 7398
Defendant-appellant was charged in a four-count indictment, three counts of which described the distribution of cocaine and one count of which charged him with knowingly and intentionally possessing cocaine with intent to distrib *32 ute it contrary to 21 U.S.C.…
489 F.2d 1195 160 U.S.App.D.C. 71 Harold WEISBERG, Appellant,v.U.S. DEPARTMENT OF JUSTICE.…
In the Matter of Samuel A. Bithoney Page 7402
This is an original proceeding to determine whether disciplinary action should be taken against Samuel A.…
United States v. James Edward Edson Page 7403
Defendant appeals from an order of the district court setting bail pending trial.…
Louie L. Wainwright, Director, Division of Corrections, State of Florida v. Ronald Eugene Rewis Page 7406
Ronald Eugene Rewis, a Florida State Prison inmate, initiated this petition for habeas corpus, seeking release from incarceration on the theory that he had been improperly deprived of gain time.…
Cleo Orange, Individually, and on Behalf of All Others Similarly Situated v. Louie L. Wainwright Page 7409
In this prisoner’s rights action plaintiff originally complained of abusive treatment which allegedly occurred when plaintiff was incarcerated in the Glades Correctional Institution at Belle Glade, Florida.…
We review an interlocutory order entered below 1 denying plaintiff-appellant’s motion for remand of her FELA (Federal Employer’s Liability Act,.…
Lasalle Ext. University v. F.T.C Page 7418
486 F.2d 1406 LaSalle Ext. Universityv.F.T.C.…
Otis H. Reed, Jr., an inmate of the Arkansas state prison system, brought this action pro se on February 5, 1973, against defendants as Arkansas prison officials for deprivation of his civil rights under 42 U.S.C.…
United States v. John Lee Bowen Page 7422
485 F.2d 1388 UNITED STATES of America, Appellee,v.John Lee BOWEN, Appellant.…
This appeal is from a judgment entered against appellant Port City State Bank in its suit to collect upon two checks forwarded to appellee and not returned as insufficient before the appropriate midnight deadline.…
This case, involving challenges to certain Cost of Living Council (CLC) Phase IV petroleum regulations, is before us on certification from the district court pursuant to § 211(c) of the Economic Stabilization Act of 1970, as amended.…
In January 1969, after a jury trial in Monroe County Court, Rochester, New York, Alton Cannon was convicted of the first degree rape of Shirley Rippel.…
Gold v. Sloan Page 7430
Betty L. Gold as a stockholder of The Susquehanna Corporation (hereinafter referred to as Susquehanna) sues to recover under Section 16(b) of the Securities Exchange Act profits allegedly realized by certain “insiders” from sales on the open market of shares of Susquehanna preferred stock issued to them as…
The decision of the District Court denying habeas relief for failure to exhaust state remedies is affirmed.…
United States v. John Henry Lewis Page 7437
In this appeal from his conviction on two counts of distribution and possession with intent to distribute Seconal and Tuinal, Schedule III controlled substances, in violation of 21 U.S.C.A.…
United States of America Ex Rel. James \"Doc\" Bailey v. Reubin O'd. Askew and Louie Wainwright Page 7438
This appeal is taken from an order of the district court dismissing the civil rights complaint of a Florida state prisoner.…
ORDER This case is before us upon the application for enforcement of an order of the National Labor Relations Board that is reported at 198 N.L.R.B.…
Hodgson v. Price Page 7444
486 F.2d 1406 21 Wage & Hour Cas. (BN 342, 75 Lab.Cas.…
Horth v. Nlrb Page 7445
486 F.2d 1406 85 L.R.R.M. (BNA) 2188 Horthv.NLRB 72-1996 UNITED STATES COURT OF APPEALS Seventh Circuit 10/19/73 NLRB ENFORCEMENT DENIED
United States v. Weisser Page 7446
486 F.2d 1406 U. S.v.Weisser 73-1134 UNITED STATES COURT OF APPEALS Seventh Circuit 10/19/73 1 E.D.Ill.…
Plaintiffs, mostly residents of the Kenwood and Hyde Park communities of Chicago, brought this action in the district court to set aside a commitment made by the federal defendants 1 and approved by the City of Chicago to provide Lake Village Associates with mortgage insurance and interest subsidization in *1121…
The dispositive issue on this appeal is whether the trial court erred in permitting the government to “impeach” the court’s witness by offering the testimony of two witnesses as to oral out-of-court statements previously given by the court’s witness allegedly inconsistent with his trial testimony.…
United States v. Arlester Scott Page 7450
Defendant-Scott appeals a jury verdict, finding him guilty of selling heroin in violation of 21 U.S.C.…
Hall, Nichols and Dever were convicted of possession of marijuana with intent to distribute in violation of 21 U.S.C.…
This diversity case presents the question: Which statute of limitations applies to the liability of a surety to a third party for the tortious act of its principal?…
The appellant, publisher of HIP magazine, was convicted in a non-jury trial on two counts of using the mails to distribute obscene material in violation of 18 U.S.C.A.…
The difficulty giving rise to the appeal in this case rests largely in the practice of the United States District Court of the Northern District of Georgia of treating as complaints letters from prisoners confined in the federal maximum security prison in Atlanta.…
Stanley S. X. Ward v. United States Page 7462
This is an appeal from a denial of a § 2255 motion to vacate judgment of conviction under 18 U.S.C.A.…
Mrs. Verna Rhoades appeals from a judgment for defendant Gerald Boren in a personal injury action stemming from an accident between cars driven by Boren and Mrs. Rhoades’ husband, Winfrey Rhoades.…
United States v. Frank D. Pollard Page 7464
The sole issue before us on this appeal is whether the indictment upon which Pollard was convicted and sentenced below was sufficient to charge an offense under Title 18, U.S.Code, Section 912.…
United States v. Charles Richard Morris Page 7465
Appellant Morris was indicted, tried and convicted in the district court for violation of Title 18, U.S.C.…
United States v. George Francis Schools Page 7466
We conclude there is no merit in this appeal from a conviction for knowing possession of marijuana under 21 U.S. C.A.…
Bisceglia v. United States Page 7468
This appeal requires us to determine whether the Internal Revenue Service may use a civil summons to compel a third party to produce for examination records pertaining to the financial affairs of unspecified and unidentified persons and organizations for the purpose of ascertaining their identities.…
Altman v. Cady Page 7469
486 F.2d 1406 Altmanv.Cady 72-1686 UNITED STATES COURT OF APPEALS Seventh Circuit 10/18/73 1 W.D.Wis.…
This appeal arises out of bankruptcy proceedings and involves interpretation of the term “security agreement” employed in the Uniform Commercial Code (UCC) as adopted by Massachusetts.…
MEMORANDUM and ORDER Appellee, serving a state felony sentence, was ordered released by the district court, 365 F.Supp. 198, upon his petition for habeas corpus.…
Appellant, Sanko Steamship Co., Ltd., the unsuccessful party in an arbitration conducted under a New York Produce Exchange Arbitration Clause and pursuant to the rules of the Society of Maritime Arbitrators, seeks a rehearing of a charter dispute by an impartial panel of arbitrators.…
United States v. Leon Osher Page 7480
Following a jury trial before Judge Gagliardi, Leon Osher was convicted on two counts of an eight count indictment charging mail fraud in violation of 18 U.S.C.…
A Social Security claimant filed this suit in the district court to review a decision of the Secretary in which he dedined to reopen a claim for disability benefits.…
Johnnie Lee Miller v. Louie L. Wainwright, Director, Division of Corrections, State of Florida Page 7485
Miller, a Florida state prisoner, appeals from the denial of habeas corpus after an evidentiary hearing.…
Roy Johnson appeals from the district court’s dismissal of his complaint seeking review 1 of the Secretary of HEW’s *560 final decision denying him disability insurance benefits under 42 U.S.C.…
486 F.2d 1406 Bankers Acceptance Corp.v.Midwest Empire 72-1837 UNITED STATES COURT OF APPEALS Seventh Circuit 10/17/73 1 S.D.Ind.…
United States v. Gavalick Page 7491
486 F.2d 1406 U. S.v.Gavalick 73-1151 UNITED STATES COURT OF APPEALS Seventh Circuit 10/17/73 1 N.D.Ill.…
This action arose out of the suicide of plaintiff’s husband while a patient at the Veterans Administration Hospital in West Haven, Connecticut.…
In August 1964 certain bearer bonds were stolen from Dr. Gutekunst’s residence in Philadelphia.…
In each of these cases, charging distribution of heroin in violation of 21 U.…
In this admiralty case defendant shipowner appeals from the judgment of the United States District Court for the Western District of Louisiana granting plaintiff seaman $12,500 in damages and $8 a day maintenance and cure with interest on both awards from the date of judicial demand.…
This case is before the court on the application of the National Labor Relations Board pursuant to § 10(e) of the National Labor Relations Act 1 for the enforcement of its order issued May 24, 1972 against Colonial Lincoln Mercury Sales (Colonial).…
United States v. Willie James Robinson Page 7508
Appellant Robinson was convicted by a jury of assaulting a federal officer in violation of 18 U.S.C.…
This is an appeal from the District Court’s entry of summary judgment for Appellee, Chesapeake and Ohio Railroad Co., in a wrongful death action by Appellant as administratrix of the estate of Peter R.…
Nowak v. United States Page 7516
486 F.2d 1406 Nowakv.U. S. 72-1781 UNITED STATES COURT OF APPEALS Seventh Circuit 10/16/73 1 N.D.Ill.…
This is a product liability case. John Hoppe brought this action against Midwest Conveyor Co., Inc., for injuries he received on the assembly line of Fisher Body Division, a General Motors automobile plant located in St. Louis, Missouri.…
This appeal arises out of convictions for the theft of a tractor-trailer containing a shipment of 49 head of hung beef valued on July 20, 1972, the time of the theft, at $22,000.…
The United States appeals from the dismissal of an information by which Southern Railway Company was charged with eight violations of the Elkins Act, 49 U.S.C.…
In this appeal from the denial of a petition for writ of habeas corpus, the *428 question is whether or not the manner of conducting the trial deprived the defendant of procedural due process.…
In this Title VII action we are presented with the problem of how to provide a remedy for employees who suffered the ill effects of discrimination that resulted from Roadway’s “no-trans *444 fer” rule.…
John Frederick Bartelt filed a motion to vacate sentence, 28 U.S.C., § 2255, alleging that his retained counsel had failed to file and prosecute a direct appeal from a criminal conviction despite assurances that such would be done.…
United States v. Tanner & Pearl Page 7535
486 F.2d 1406 U. S.v.Tanner & Pearl 72-1950 UNITED STATES COURT OF APPEALS Seventh Circuit 10/15/73 1 N.D.Ill.…
United States v. Weaver Page 7536
486 F.2d 1406 U. S.v.Weaver 72-2016 UNITED STATES COURT OF APPEALS Seventh Circuit 10/15/73 1 W.D.Wis.…
United States v. Schmidt Page 7537
486 F.2d 1406 U. S.v.Schmidt 72-2027 UNITED STATES COURT OF APPEALS Seventh Circuit 10/15/73 1 N.D.Ill.…
United States v. Dolendi Page 7538
486 F.2d 1406 U. S.v.Dolendi 73-1447 UNITED STATES COURT OF APPEALS Seventh Circuit 10/15/73 1 N.D.Ill.…
OPINION Before ELY and TRASK, Circuit Judges, and EAST, * District Judge.…
John Dececco, Sr. v. United States Page 7541
This appeal presents the question whether DeCecco, whose criminal conviction has been set aside by writ of error coram nobis, is entitled, incident to the writ, to recover a $1,000 fine that he had paid pursuant to the vacated criminal judgment.…
United States v. Zali Fried Page 7542
Following a jury trial before Judge Bartels, Zali Fried was convicted of unlawful possession of some 589 cartons of Unisonic AM-FM stereos stolen from a foreign shipment of freight, 18 U.S.C.…
George Purdie Washington was charged in a nine-count indictment with violating Title 18 U.S.C.…
United States v. Clayton Thomas Page 7547
The principal issue presented for our consideration is whether one receives a gun “in commerce” or in a manner “affecting commerce,” and thus violates 18 U.S.C.…
This is an appeal by the plaintiffs from an order by the district court in a civil rights case finding unlawful employment discrimination but denying relief.…
Plaintiff-appellant’s cause of action on behalf of his minor daughter was dismissed on motion for summary judgment by the United States District Court for the Western District of Michigan.…
In this diversity case, the appeal is from a summary judgment for defendants entered in the United States District Court of Wyoming.…
Lillian B. Waters v. Peter G. Peterson Page 7556
This appeal from the denial by the district court, Waters v. Stans, 341 F.…
United States v. Glenn D. Stockwell Page 7558
(dissenting). This is a close case, and I can appreciate the court’s position.…
United States v. Gennaro J. Angiulo Page 7559
This is an appeal from a judgment entered May 31, 1973, convicting the defendant of impeding a federal officer in violation of 18 U.S.C.…
Francis T. Glynn v. Robert H. Donnelly Page 7560
Petitioner, Francis T. Glynn, was convicted in Massachusetts Superior Court of the crimes of corruptly giving, offering and promising a bribe to certain public officials of the Commonwealth, and of conspiring to give, offer and promise a bribe to these officials.…
Hand v. Commissioner of Internal Revenue Page 7561
483 F.2d 1399 74-1 USTC P 9199 Handv.Commissioner of Internal Revenue 73-1634 UNITED STATES COURT OF APPEALS Second Circuit Oct.…
United States v. William White Page 7562
A few injudicious words uttered in the heat of battle by an Assistant United States Attorney may undo months of preparation by police, prosecutorial, and judicial officers.…
United States v. Felix Cox Page 7568
This is an appeal from a conviction on a guilty plea for unlawfully,, knowingly and willfully obstructing and retarding the passage of mail in violation of 18 U.S.C.…
486 F.2d 1406 U. S. ex rel. Olbrotv.State of Illinois 72-1933 UNITED STATES COURT OF APPEALS Seventh Circuit 10/11/73 1 N.D.Ill.…
Hubler v. O'DOnOvich Page 7572
486 F.2d 1406 Hublerv.O'Donovich 72-1962 UNITED STATES COURT OF APPEALS Seventh Circuit 10/11/73 1 N.D.Ind.…
Nlrb v. Ri-Dell Tool Mfg. Co Page 7573
486 F.2d 1406 84 L.R.R.M. (BNA) 2630, 75 Lab.Cas.…
United States v. James Davis, Jr. Page 7574
The defendant-appellant, James Davis, Jr., was convicted upon a jury trial of violating 21 U.S.C.…
The complaint was brought under 42 U.S.C.…
United States v. Robert Tucker Page 7578
The appellant, Robert Tucker, was convicted of a violation of 18 U.S.C.…
The case before us involves a bill to quiet title brought by appellant Cecilia Gabaldon.…
This is a civil diversity action seeking money damages and injunctive relief which would prohibit defendant from manufacturing, distributing, and selling a certain electronic speedometer and tachometer.…
United States v. Heinlein Page 7581
Appellants were charged with felony-murder (22 D.C.…
United States v. Stephen Mancuso Page 7583
It is in the nature of a perjury case that there be conflicting versions of the underlying facts — one version, constituting the claimed perjury, having been asserted by the accused at a prior proceeding, and the other being put forth by prosecution witnesses at trial.…
Richard M. Sullivan v. United States Page 7587
Appellant Richard Michael Sullivan was convicted of taking money from a federally insured bank by force and intimidation of one of its employees, in violation of 18 U.S.C.A.…
We affirm the conviction of these two defendants on various counts of knowing and intentional possession of heroin with intent to distribute.…
United States v. Thomas Lamar Lewis Page 7589
Thomas Lamar Lewis had been convicted of bank robbery, 18 U.S.C., § 2113(a), (d).…
486 F.2d 1406 Chicago & Eastern Illinois Railroad Co.v.U.…
This is an action brought by welfare recipients to adjudicate their *152rights under The Food Stamp Act of 1964, as amended, 7 U.S.C.…
Anderson v. Dunlop Page 7596
This is a timely appeal by John T. Dunlop and the officers and members of the President’s Cost of Living Council (hereinafter collectively referred to as CLC) from order of the United States District Court for the District of Columbia, filed August 24, 1973, granting plaintiffs a temporary injunction.…
Murphy v. O'Brien Page 7597
Appellant Murphy, the Director of the Rhode Island Department of Natural Resources, brought this action in the district court to enjoin appellee United States officers from acting to prevent the colíection of parking fees at certain state owned beaches in Rhode Island.…
In this action by a seaman, Whitford A. Rice, against a dredge owner, Atlantic Gulf & Pacific Co. (“Atlantic”), for personal injuries allegedly caused by defendant’s negligence and by unseaworthiness of the dredge, the jury, without making any finding on the issue of unseaworthiness, found that the accident was caused…
The petitioner in this habeas proceeding was convicted in Virginia of the offense of driving a motor vehicle on November 15, 1968, while his driver’s license was suspended or revoked.…
The appellant was tried by a general court martial in Japan during the period of March 7 to 26, 1955.…
The National Labor Relations Board, pursuant to section 10(e) of the National Labor Relations Act, 29 U.S.C.A.…
United States v. Robert E. Carmichael Page 7608
This case originated with the February 1969 issuance of a complaint by a United States Commissioner for the arrest of Robert E.…
United States v. William Arnett Burton Page 7609
The defendant, William Burton, was convicted by a jury on three counts of an indictment charging violations of 26 U.S.C.…
United States v. Harold Joe Romero Page 7615
The defendant, Harold Joe Romero, was charged with a violation of 26 U.S. C.…
Plotkin v. Grayson Page 7618
The appellant, Norman A. Plotkin, during all of the times covered by this case and by its companion case on appeal, DC-11, was the owner of an apartment house, containing thirty-two dwelling units, at 164 Danforth Street, Jersey City, New Jersey, which he leased to month-to-month tenants.…
Mosley v. Nationwide Purchasing, Inc. Page 7619
This action was commenced in the United States District Court for the District of Columbia by the appellant, Ellec Mosley.…
485 F.2d 504 Leonard W. FERGUSON, Appellant,v.John S.…
Isaac Lee and Artis Vaught, appellants, appeal their convictions for violation of 21 U.S.C.…
United States v. Herman Louis Williams Page 7622
This case involves the construction of 18 U.S.C.…
United States v. Stephen Kurzyna Page 7623
Stephen Kurzyna appeals from a judgment of conviction entered on March 6, 1973 in the United States District Court for the Southern District of New York (Tenney, J.), after a one day bench trial.…
United States v. Peter Sabatino Page 7624
A jury found the appellant, Peter Sabatino, guilty of a violation of 18 U.S.C.…
Appellant, Clifford Taylor Lee (hereafter Lee or defendant), was tried and convicted by a jury in the District Court for the Eastern District of Virginia on all counts of a ten-count indictment.…
United States v. Raul Maisonet Page 7626
Raul Maisonet was convicted of violating 18 U.S.C.…
In this diversity case defendants, Transamerica Insurance Company and Penner-Ring Co., 1 appeal from the decision of the district court for the Southern District of Texas, 349 F.Supp. 1220, awarding plaintiff, Johnson Service Company, payment on a labor and material bond furnished to the United States.…
This Court has withheld determination of this case pending a decision by the Court sitting en banc of Brisco Huff, etc.…
This is another Equal Employment Opportunity case which the court has withheld pending a decision by the Court, sitting en banc, of Brisco Huff, etc.…
Bradley v. Southern Pacific Co. Page 7630
The court has withheld consideration and decision of this case pending disposition by the court, sitting en banc, Brisco Huff, etc.…
United States v. John William Clements Page 7631
John William Clements was tried and convicted of conspiracy to violate 21 U.…
United States v. Robert Orville Dunavan, United States of America v. James Edward Mitchell Page 7634
Appellants Dunavan and Mitchell appeal from convictions for robbing a federally insured bank of approximately $40,000 in violation of 18 U.S.C.…
This petitioner, after issuance of a writ of habeas corpus in his favor by the United States District Court for the Western District of Tennessee, appeals the two issues which the District Court decided against him.…
United States v. Curtis Cornett Page 7636
The appellant, Curtis Cornett, appeals from his conviction in the United States District Court for the Eastern District of Kentucky on two counts of an indictment charging violation of certain provisions of Section 922, Title 18, U.S.C., relative to the acquisition of a firearm.…
United States v. Lawrence F. Becker Page 7637
This appeal is from a conviction for violation of 21 U.S.C.…
This is an appeal from a decision of the United States Tax Court, 58 T.C.…
486 F.2d 462 EVERETT STEAMSHIP CORPORATION, S/A, Appellant,v.LIBERTY NAVIGATION AND TRADING CO., INC.; SS GALICIA LEE, exSS NORBERTO CAPAY, her engines, tackle, etc.; SS GALICIADEFENDER, ex SS SANTA EMILIA, her engines, tackle, etc.; SSGALICIA NAVIGATOR, ex SS OUR LADY OF PEACE, her engines,tackle, etc., and the…
In the course of litigation having to do with appellees’ income tax liability *1195for the years 1962 — 1964, the District Gourt, 347 F.Supp. 89, entered an order that had the effect of adjudicating in taxpayers’ favor questions of tax liability for the years 1969 and 1971.…
These cases both arise from complaints alleging excessive use of force and other violations of constitutional rights by named officers of the Metropolitan Police Department, their immediate supervisors, and the District of Columbia.…
This is an appeal from a final order of the United States District Court for *1281 the District of Columbia dismissing appellant Ziegler’s counterclaim.…
The Cline Letter Service, Inc. (Cline) made a bulk transfer of its card and gift shop and office supply business to Martin J.…
This appeal concerns a review of the District Court’s findings on remand of this same cause, reported as Lindsay v. McDonnell Douglas Aircraft Corporation, 460 F.2d 631 (8th Cir. 1972).…
United States v. Howard Wayne Mostad Page 7650
The defendant, Howard Wayne Mos-tad, was convicted on two counts of violating that provision of the Omnibus Crime Control and Safe Streets Act of 1968 which prohibits possession of a firearm by one who has previously been convicted of a felony.…
Percy Crowe v. State of South Dakota Page 7651
This is an appeal from an order denying federal habeas corpus relief pursuant to 28 U.S.C.…
Arland L. Gerberding v. United States Page 7652
This is a timely appeal by petitioner Gerberding from final order of the United States District Court, entered April 25, 1973, denying his 28 U.S.C.…
The petitioner in this habeas corpus appeal is an inmate of the United States Medical Center for Federal Prisoners at Springfield, Missouri.…
These two cases present appeals from contrary results reached by two district courts on the question of the constitutional due process rights of debtors *326whose property is repossessed by self-help, without formal legal proceedings.…
John F. Curran, Jr., appeals pro-se from a judgment in the District of Connecticut, entered January 17, 1973, which denied his application for an injunction against the New Haven, Connecticut St. Patrick’s Day parade.…
James Brettholz and Milton Santiago appeal from judgments of conviction entered after trial by jury in the United States District Court for the Eastern District of New York.…
485 F.2d 78 VIRGINIA ELECTRIC AND POWER COMPANY, who sues for the Useand Benefit of Insurance Company of North America, Appellee,v.WESTINGHOUSE ELECTRIC CORPORATION and Stone & WebsterEngineering Corporation, Appellants.…
William Charles Eppinette, Jr. appeals from a judgment of conviction for failure to keep his selective service registration certificate and classification notice in his personal possession.…
Joseph John Fournier v. United States Page 7667
In accordance with his plea of guilty, Fournier was convicted of transporting a weapon in interstate commerce, a violation of 18 U.S.C.…
Davis v. Kaiser Jeep Page 7668
486 F.2d 1406 Davisv.Kaiser Jeep 72-1715 UNITED STATES COURT OF APPEALS Seventh Circuit 10/3/73 1 N.D.Ind.…
Arbuckle v. Scott Page 7669
486 F.2d 1406 Arbucklev.Scott 73-1448 UNITED STATES COURT OF APPEALS Seventh Circuit 10/3/73 1 N.D.Ill.…
United States v. Ramon Pedro Hernandez Page 7671
After a jury trial, defendant was sentenced to concurrent terms of1 5-years’ imprisonment under three counts of an indictment charging him with the unlawful transportation of aliens, as proscribed by 8 U.S.C.…
Petitioner is incarcerated in the Federal Penitentiary in Terre Haute, Indiana.…
Robert John Ryan v. United States Page 7675
Robert John Ryan appeals the dismissal of his 28 U.S.C.…
Lisandro Patricio Thorpe appeals from his conviction for failing to report for induction into the Armed Forces in violation of 50 U.S.C.…
United States v. Cyrus F. Johnson, Jr. Page 7685
Cyrus F. Johnson, Jr., appeals from his conviction of transporting a stolen motor vehicle in interstate commerce, knowing the vehicle to have been stolen, in violation of 18 U.S.C.…
Georator Corporation v. United States Page 7688
This case presents the question whether for federal income tax purposes fees incurred while resisting a petition to cancel registration of a trademark may be deducted annually as an ordinary business expense or must be treated as a capital expenditure.…
Pearson Bros. Co. v. Nlrb Page 7689
486 F.2d 1406 85 L.R.R.M. (BNA) 2187, 85 L.R.R.M.…
Sager v. Ulibarri Page 7691
486 F.2d 1406 Sagerv.Ulibarri 73-1154 UNITED STATES COURT OF APPEALS Seventh Circuit 10/2/73 1 N.D.Ill.…
The primary issue raised by this appeal is whether an environmental impact statement prepared by the Corps of Engineers concerning a flood control dam project on the Kickapoo River, Wisconsin, complied with the mandates of the National Environmental Policy Act of 1969 (hereinafter NEPA).…
Ray Allen Tollett v. United States Page 7693
485 F.2d 1087 Ray Allen TOLLETT, Appellant,v.UNITED STATES of America, Appellee.…
United States v. Wayne Wilburn Maynard Page 7694
OPINION This is an appeal from the denial of a motion to modify a sentence under Rule 35, F.R.Crim.P.…
Count 1 of the indictment in this case charged that, appellants Cioffi and Ciu-zio “knowingly did possess with intent to use and sell, approximately four hundred forged and counterfeited postage stamps of the denomination of six cents” in violation of 18 U.S.C.…
United States v. Gilberto Santana Page 7700
Gilberto Santana appeals from a judgment of the District Court for the Southern District of New York convicting him, after a verdict, of possession of approximately 34 grams of cocaine with intent to distribute and of simple possession of the same, in violation of 21 U.S. C.…
Billy Gene Maxwell and Robert Dale Mobley appeal from their convictions for possession of a sawed-off shotgun not registered in the National Firearms Registration and Transfer Record, in violation of 26 U.S.C.…
Plaintiffs challenge a ruling by the president of the Brotherhood of Railway, Airline and Steamship Clerks that a dues increase from $5.50 to $11.00 had been approved by the 1,235 delegates to a regular Union Convention on May 28, 1971.…
United States v. Jerome G. Cook Page 7710
Cook was arraigned and pleaded not guilty along with his co-defendant, one Segal, on August 21, 1972.…
This is an appeal from a judgment for $5,000 entered in favor of plaintiff-appellant, Joseph Terracciano, against his employer, defendant-appellee, McAlinden Construction Co., on a special jury verdict 1 in a personal injury action *305 brought by appellant under the Jones Act (46 U.S.C.…
OPINION OF THE COURT Petitioner Booker appeals from the July 31, 1972 district court order which denied his petition for habeas corpus without a hearing.…
485 F.2d 718 Fed. Sec. L. Rep. P 94,162, 1973-2 Trade Cases 74,734 PBW STOCK EXCHANGE, INC., Petitioner,v.SECURITIES AND EXCHANGE COMMISSION, Respondent.EQUITY SERVICES, INC., et al., Petitioners,v.SECURITIES AND EXCHANGE COMMISSION, Respondent.CONNECTICUT NUTMEG SECURITIES, INC., Petitioner,v.SECURITIES AND EXCHANGE…
The principal issue on this appeal arises from the district court’s denial of appellants’ motion to suppress a quantity of marijuana seized from a truck driven by a co-defendant.…
United States v. Henley Page 7724
483 F.2d 1407 U. S.v.Henley 73-1478 UNITED STATES COURT OF APPEALS Seventh Circuit 9/28/73 1 N.D.Ill.…
The Oil, Chemical and Atomic Workers petition for review of an order of the National Labor Relations Board adopting a Trial Examiner’s proposed opinion and order dismissing a complaint that charged Shell Oil Company with violations of Sections 8(a)(1) and (5) of the National Labor Relations Act.1 The complaint alleged…
United States v. Roland George Schembari Page 7727
Appellant, Roland G. Schembari, was arrested on May 22, 1972 by federal officers at the Pentagon building in Arlington, Virginia, on land under the exclusive jurisdiction of the United States, and charged in a complaint with disorderly conduct, crossing a police line, and impeding and disturbing public employees in…
After denial of a motion to dismiss for lack of jurisdiction, we allowed an interlocutory appeal to consider whether an action for personal injuries brought by a water skier against the operator of a towing motor boat was within the admiralty jurisdiction.…
In this school desegregation case we are called upon to issue rulings with respect to five of the “sextet of indicia —student bodies, faculty, staff, transportation, extracurricular activities, and facilities,” Carr v. Montgomery County Board of Education, 5 Cir., 1970, 429 F.2d 382, applicable in such cases.…
In its consideration of this state prisoner’s habeas petition, the district court neither held an evidentiary hearing nor had before it the record of petitioner’s trial, or at least the state record was not introduced into evidence.…
The instant appeal arises from the denial of a writ of habeas corpus.…
This is an appeal from the District Court’s final judgment for the Government in a suit under 28 U.S.C.…
The United States brought suit against Systron-Donner Corporation, a California corporation, alleging common-law fraud, charging violations of the False Claims Act,1 and seeking recovery of money paid by mistake.2 The district court dismissed the fraud and False Claims Act counts but, after a court trial, allowed the…
Russell G. Courtney v. United States Page 7741
This proceeding, authorized by Section 2255 of Title 28, United States Code, is a collateral attack by Russell Courtney upon his conviction of obstructing justice in violation of Section 1503 of Title 18, United States Code.…
The defendants here were indicted for conspiracy to possess and distribute and to import narcotic drugs into the United States in violation of Title 21, United States Code, Sections 846 and 963, and also for unlawful possession for distribution of 2.5 kilograms of heroin in violation of Title 21, United States Code…
United States v. Edmund Rosner Page 7744
This is an appeal from a conviction of Edmund A.…
United States v. Norman Archer Page 7745
This case arises from what the Government characterizes as “part of an intensive combined Federal and local investigation into the nature and extent of corruption within the New York criminal justice system.” Its brief tells us that the investigation “was premised on the belief that attempts to combat corruption in…
United States v. Thomas Lee Rudd Page 7746
487 F.2d 367 UNITED STATES of America, Appellee,v.Thomas Lee RUDD, Appellant.…
United States v. Jeffrey Lynn Robinson Page 7748
485 F.2d 1157 UNITED STATES of Americav.Jeffrey Lynn ROBINSON, Appellant.…
United States v. Alan Martin Poms Page 7750
Alan Martin Poms was arrested on March 29, 1972, and was later indicted on two counts.…
United States v. James Ronald Moore Page 7751
James Ronald Moore appeals from a judgment of conviction, entered upon a jury verdict, for knowingly receiving a stolen motor vehicle.…
United States Board of Parole v. Merhige Page 7752
The United States Board of Parole has filed two petitions seeking writs of mandamus; the first, directing- the respondents, Judges of the United States District Court for the Eastern District of Virginia, to vacate an order authorizing the taking of the depositions of the members of the Youth Division of the United…
United States v. Indrelunas Page 7754
483 F.2d 1407 U. S.v.Indrelunas 71-1515 UNITED STATES COURT OF APPEALS Seventh Circuit 9/26/73 1 N.D.Ill.…
United States v. Austin Page 7755
483 F.2d 1407 U. S.v.Austin 73-1497 UNITED STATES COURT OF APPEALS Seventh Circuit 9/26/73 1 N.D.Ill.…
United States v. Victor H. Wilkening Page 7756
Victor H. Wilkening was found guilty by a jury of violating 18 U.S.C.…
This appeal, pursuant to a certificate of probable cause, is from an order of the United States District Court for the District of South Dakota transferring a petition for writ of habeas corpus to the District Court of Montana in accordance with 28 U.S.C.…
Plaintiffs below appeal from the dismissal of their amended complaint wherein they sought to close Intermountain School, a Navajo boarding school located in Brigham City, Utah, operated by the Bureau of Indian Affairs (BIA) of the Department of the Interior.…
The court is of the view that the judgment must be reversed because the plaintiffs are entitled to a decree enjoining the continuance of the Government’s current participation in the Christmas Pageant of Peace, including as it does a membership in planning and organization committees that violates the “entanglement”…
United States v. Bryan L. Cohen Page 7764
Bryan L. Cohen appeals from a judgment of conviction of refusing to submit to induction into the armed forces in violation of 50 U.S.C.…
United States v. Peter E. Lafroscia Page 7765
Peter Edward LaFroscia appeals from a judgment of the District Court for the Southern District of New York, convicting him, after a verdict, of importing some 78% kilograms of marijuana in violation of 21 U.S.C.…
486 F.2d 367 13 UCC Rep.Serv. 189 In the Matter of LEASING CONSULTANTS, INCORPORATED, Bankrupt.George FELDMAN, Trustee, Petitioner-Appellee,v.FIRST NATIONAL CITY BANK, Respondent-Appellant.…
William Raymond Smith v. A. E. Slayton, Jr., Superintendent of the Virginia State Penitentiary Page 7768
This appeal questions whether the admission into evidence of a bloodstained seat cover, taken from William Raymond Smith’s automobile without a search warrant, violated his rights under the fourth and fourteenth amendments.…
Plaintiff, a continuing-contract teacher in the Southeast Local School District of Ravenna, Ohio, appeals from a judgment determining that he was not discharged because of the exercise of activity protected by the First Amendment and that due process was not offended by the dismissal procedures employed.…
Sally D. Dear, for herself and as next friend of her two children, filed a complaint in the United States District Court for the Northern District of Illinois on August 14, 1972.…
Wiley Jones v. A. L. Lockhart, Superintendent, Cummins Unit, Arkansas Department of Corrections Page 7776
Appellant, Wiley Jones, appeals from the district court’s summary dismissal of his complaint which alleged under 42 U.S.C.…
Ben J. Slutsky and Julius Slutsky appeal from judgments of conviction entered upon jury verdicts returned January 9, 1973 after a six day trial before Lloyd F.…
Roy Blanchard filed suit under the Jones Act and the general maritime law to recover for a back injury allegedly sustained, April 16, 1970, aboard the F/V Sylvan Cheramie, a shrimp trawler of which Blanchard was the Captain.…
Robert Aulds v. Lt. Thomas Foster Page 7789
Appellant, Robert Aulds, is presently incarcerated in the Louisiana State Pen *946 itentiary at Angola, Louisiana.…
W. C. James, Inc., a Nevada Corporation v. Phillips Petroleum Company, a Delaware Corporation Page 7791
This action is by a contractor seeking additional compensation from Phillips *23 Petroleum Company for installing a gas pipeline in connection with a gathering system in an oil and gas field located in Campbell County, Wyoming.…
485 F.2d 16 1973-2 Trade Cases 74,708 UNITED STATES of America, Appellant,v.ITT CONTINENTAL BAKING COMPANY, Appellee.…
The American Civil Liberties Union v. Federal Communications Commission and United States of America Page 7793
The Federal Communications Commission has moved to dismiss as untimely a petition filed by the American Civil Liberties Union to review a Commission order denying a rehearing, or to transfer the petition to the Court of Appeals for the Ninth Circuit.…
United States v. William Arnold Fisher Page 7798
The appellant, William Arnold Fisher, seeks reversal of a judgment entered by the trial court sitting without a jury.…
United States v. William David Rose Page 7799
In this case, a jury convicted William David Rose on two counts of the knowing and intentional distribution of Schedule II and III drugs in violation of 21 U.S.C.…
Hyde v. Bensinger Page 7800
483 F.2d 1407 Hydev.Bensinger 72-1198 UNITED STATES COURT OF APPEALS Seventh Circuit 9/21/73 1 E.D.Ill.…
Miles v. Boyle Page 7801
483 F.2d 1407 Milesv.Boyle 73-1384 UNITED STATES COURT OF APPEALS Seventh Circuit 9/21/73 1 N.D.Ill.…
More than one year prior to December 24, 1952, the date he applied for a patent on a glass reinforced thermoplastic molding compound, the inventor sold small quantities to four different purchasers.…
United States v. Craig Joel Weislow Page 7808
Weislow pleaded not guilty to a two-count indictment charging him with failure to report for a physical examination and refusal to be inducted, both in violation of 50 U.S.C.App.…
United States v. Alfredo Omalza Page 7811
Alfredo Omalza, the appellant, was convicted of possessing an unregistered firearm in violation of 26 U.S.C.A.…
The appellant, Sherman Anderson, was convicted of making a sale of heroin in violation of 21 U.S.C.A.…
United States v. John R. Sawyer, Jr. Page 7813
Circuit Judges. The appellant, John R. Sawyer, Jr., was convicted on all counts of a four count indictment charging violations of 21 U.S.C.A.…
Defendant, Frederick Donatelli, was convicted of one count of possession of counterfeit obligations of the United States, 18 U.S.C.…
This is an appeal from an award of damages for injuries resulting from an accident in which appellee, Therese Raymond, a child of twelve, was burned when a nightgown made of flannelette material manufactured by appellant burst into flames within two seconds of contact with a hot grill on an electric range.…
Petitioner, Sammie L. Nelson, is presently confined at the Massachusetts Correctional Institution, Walpole, Massachusetts, on, inter alia, a sentence for rape and abuse of a child (statutory rape).…
OPINION OF THE COURT JURISDICTIONAL STATEMENT This matter comes before the court on application of the National Labor Relations Board (hereinafter Board), pursuant to § 10(e) of the National Labor Relations Act, as amended (61 Stat. 136, 73 Stat. 519, 29 U.S.C.…
This appeal raises two questions: (1) whether an in rem judgment was properly entered against the SS PORTO-RIA even though the vessel was not arrested; and (2) whether the vessel owner, Industríale Marítima S.P.A., is subject to an in personam judgment as a carrier because the voyage sub-charterer of the vessel issued…
United States v. State of Mississippi (Smith County School District), Sylvarena Baptist Academy Page 7824
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC (Opinion April 11, 1973, 5 Cir. 1973, 476 F.2d 941).…
Covey v. Phelps Page 7826
483 F.2d 1407 Coveyv.Phelps 72-1800 UNITED STATES COURT OF APPEALS Seventh Circuit 9/20/73 1 S.D.Ill.…
Phelps v. Covey Page 7827
483 F.2d 1407 Phelpsv.Covey 73-1183 UNITED STATES COURT OF APPEALS Seventh Circuit 9/20/73 1 S.D.Ill.…
United States v. William Fern Page 7828
484 F.2d 666 UNITED STATES of America, Plaintiff-Appellee,v.William FERN, Defendant-Appellant.…
United States v. Robert Wayne Cameron Page 7830
Cameron was convicted by jury of passing and uttering a counterfeit twenty dollar federal reserve note with knowledge that it was counterfeit, a violation of 18 U.S.C.…
United States v. Peter Salazar Page 7832
Following a four day trial in December 1971 before Judge McLean and a jury, Peter Salazar was convicted and sentenced to fifteen years’ imprisonment for participating in a conspiracy to import and distribute large quantities of heroin in violation of 21 U.S.C.…
United States v. Robert John Evans Page 7833
Robert John Evans appeals from a judgment of conviction entered against him on March 27, 1973, in the Southern District of New York after a three-day jury trial before the Honorable Dudley B.…
Robert Glenn Thompson v. United States Page 7834
Thompson appeals from Judge Bruch-hausen's denial of a motion for correction or reduction of sentence (Fed.R.…
United States v. Thomas Lee Simpson Page 7838
In a jury trial in the Eastern District of Louisiana, appellant was convicted of violating 18 U.S.C.…
This automobile accident diversity case was tried before the court without a jury and a judgment for the plaintiff Eason was entered in the amount of $195,922.00.…
In September, 1969, a jury in the Texas District Court at Midland convicted Charles Edward Hardin of robbery by assault.…
The National Labor Relations Board (Board) petitions for enforcement of its order, pursuant to 10(e) of the Act, 29 U.S.C.…
United States v. Deangelo Page 7845
483 F.2d 1407 U. S.v.DeAngelo 72-1791, 72-1792, 72-1793 UNITED STATES COURT OF APPEALS Seventh Circuit 9/19/73 1 N.D.Ill.…
The Citizens Environmental Council (CEC) brought this action to enjoin construction of a federally-assisted highway by-pass.…
This appeal seeks review of a decision by the federal district court for Colorado dismissing the second of two counts set out in appellants’ complaint for failure to state a claim upon which relief can be granted.…
United States v. Albert L. Harmon Page 7851
Appellant was convicted in the District Court on each of two counts charging, respectively, violations on August 24, 1970, of provisions of the Harrison Narcotics Act 1 and the Jones-Miller Act.…
This case presents a procedural question related to, but not reached in, our treatment of substantive problems in University of Southern Cal.…
Neeta Webb v. Robert E. Nolan, M.D. Page 7853
484 F.2d 1049 Neeta WEBB, Appellant,v.Robert E.…
United States v. James L. McIe Page 7855
On February 12, 1973, James Mcle was tried as a minor along with one Steven Schrader for interstate transportation of a stolen motor vehicle, a violation of 18 U.S.C.…
United States v. Jarel T. Haines Page 7857
The defendant, Jarel T. Haines, appeals from a judgment of conviction for knowingly making false material declarations while under oath as a witness before a court of the United States, in violation of 18 U.S.C.…
United States v. Cecil J. Bishop Page 7860
This case has previously been before this court.…
United States v. Denver Gene Richardson Page 7862
484 F.2d 1046 UNITED STATES of America, Plaintiff-Appellee,v.Denver Gene RICHARDSON, Defendant-Appellant.…
In 1967, appellant pled guilty to a charge of assault with a deadly weapon, 22 D.C.Code § 502.…
Polaroid Corporation has brought this action against Schuster’s Express, Inc., a common carrier, under the provisions of the Interstate Commerce Act, 49 U.S. C.…
The Trustee in Bankruptcy for Raymond C. Miller appeals from a decree of the District Court ordering the Referee to allow the filing of a tax claim by the Unitecf States against the Bankrupt estate.…
Dennis D. Salesky v. State of Florida Page 7868
In this 28 U.S.C.A. § 2254 action, petitioner alleges that he did not “knowingly and intelligently” waive counsel.…
United States v. Jesus Ruiz Silvas Page 7869
Jesus Ruiz Silvas appeals from his conviction on a jury verdict of four counts of encouraging and inducing the *1393 entry of illegal aliens into the United States.…
This is an appeal from a conviction of possession of LSD in violation of 21 U.…
Fate Bryant v. E. B. Caldwell, Warden Page 7871
In May, 1971, appellant Fate Bryant was convicted of kidnapping and rape in the Superior Court of Fulton County, Georgia.…
This appeal is from the ruling on only one of the nine claims asserted in the district court by a state prisoner ha-beas applicant.…
The Government appeals from the grant of injunctive relief to a Selective Service registrant prior to induction.…
United States v. James Edward Walling Page 7876
Walling was indicted along with Patricia Schell and Michael Smith for violation of the Dyer Act, 18 U.S.C.…
Smiley Professional Ass'n v. Phelps Page 7878
These six appeals from orders entered in bankruptcy proceedings were presented on a single record and will all be disposed of in this opinion.…
This is an appeal from the judgment of the United States District Court for the District of Columbia dismissing the complaint in an action to obtain a patent under 35 U.S.C.…
United States v. Doris Martin Page 7880
Appellant, Doris Martin, and her roommate, Graciela San Miguel Zuniga, were charged with violating the Federal Juvenile Delinquency Act, 18 U.S.C.…
Edward Garrett Hoskins v. Louie L. Wainwright, Director, Division of Corrections, State of Florida Page 7887
We step back into the batter’s box, having allowed one to go by us 1 and tipping another, 2 in hopes that on our third and final swing we can avoid a judicial strike-out.…
The plaintiffs herein appeal from an order of the United States District Court for the Northern District of Ohio, Eastern Division, dismissing their petition.…
Hattabaugh v. United States Page 7890
483 F.2d 1407 Hattabaughv.U. S. 72-1710 UNITED STATES COURT OF APPEALS Seventh Circuit 9/14/73 1 S.D.Ind.…
Dr. Valeriano Suarez v. Edward T. Weaver, Director, State of Illinois Department of Public Aid Page 7891
Once again this court is asked to decide whether the Constitution requires a state to provide an administrative hearing to an individual whose services it no longer desires to purchase.…
Juan Moran v. The Raymond Corporation Page 7892
Defendant, The Raymond Corporation (Raymond), appeals from a judgment for $250,000.00 entered on a jury verdict in favor of plaintiff, Juan Moran, on his complaint for personal injuries he had allegedly received while he was an employee of Central Steel'and Wire Company (Central).…
James Ronald Shelton v. Raymond W. Meier Page 7896
OPINION Shelton is a federal prisoner, doing his time at McNeil Island, in the Western District of Washington.…
United States v. Henry John Dolack Page 7897
Henry John Dolaek appeals from a conviction for having violated 18 U.S.C.…
OPINION OF THE COURT In this diversity contract action, the defendant, Alladin International, Inc. (Alladin), appeals from the refusal of the district court to set aside a default judgment.…
United States v. Anthony Lowery Page 7903
After considering the contentions raised by appellant (1) that the district court abused its discretion in denying appellant’s motion for reconsideration of his modified sentence and (2) that the modified sentence was illegally imposed since the court failed to make an express finding that appellant would not derive…
Juan Kelsey v. United States Page 7904
OPINION OF THE COURT Where defense counsel erroneously informs a defendant entering a plea of *1199 guilty that sentences in a bank robbery charge could be pyramided into a 75-year maximum, can it be said that the guilty plea was entered “voluntarily after proper advice and with full understanding of the…
United States v. John Danton Long Page 7908
Appellant Long was convicted by a jury of knowingly making a false and fictitious statement in connection with the acquisition of a shotgun from a licensed firearms dealer in violation of 18 U.S.C.…
This is an appeal from a finding of contempt for violation of a temporary *79restraining order in a labor dispute.…
483 F.2d 1407 Utility Development Corporation, In the matter of 71-1874 UNITED STATES COURT OF APPEALS Seventh Circuit 9/13/73 1 N.D.Ind.…
Darcy v. Bensinger Page 7912
483 F.2d 1407 Darcyv.Bensinger 72-1635 UNITED STATES COURT OF APPEALS Seventh Circuit 9/13/73 1 N.D.Ill.…
United States v. Perkins Page 7913
483 F.2d 1407 U. S.v.Perkins 72-2023 UNITED STATES COURT OF APPEALS Seventh Circuit 9/13/73 1 S.D.Ind.…
The First National Bank of Chicago v. Elliot Richardson, Attorney-General of the United States Page 7914
The issue on appeal is whether the construction of the partially-completed federal parking garage and detention center in Chicago should be enjoined pending the preparation of a detailed environmental impact statement or whether the General Services Administration (GSA) has satisfied the requirements of the National…
Fred Donald Johnson, and Sandra Johnson, His Wife v. Jerry Pals Real Estate, and Erv Jurinek Page 7915
This civil rights action was filed under 42 U.S.C.…
OPINION Although appellants insist that they seek only to attack Judge Pence’s construction of Judge Tavares’ instructions to the appraisers, it is evident that the attack would be pointless unless the real aim were to upset the valuations reached by the court-appointed appraisers.…
These consolidated appeals raise the • question of the scope of an employer’s duty to bargain, under Section 8(a)(5) of the National Labor Relations Act, on the basis of authorization cards obtained by the union, in light of NLRB v. Gissel Packing Co., 395 U.S. 575, 89 S.Ct.…
United States v. Martha L. Woods Page 7925
Martha L. Woods was found guilty by a jury of murder in the first degree1 and seven other charges of assault with intent to murder, attempt to murder, and mistreatment2 of her eight-month-old pre-adoptive foster son, Paul David *129Woods.…
Aristotle has written: If liberty and equality, as is thought by some, are chiefly to be founded in democracy, they will be best attained when all persons alike share in the government to the utmost.1 This case evokes a consideration of the extent to which the Constitution of the United States compels adherence to…
A jury, composed of eleven women and one man, convicted Louis Phillip Pa-quet, Jr. of unlawfully possessing counterfeit ten dollar bills, with the intent to defraud, 18 U.S.C., § 472.1 There had been a hung jury on a prior trial of the case.…
This is an appeal by the plaintiff in a personal injury action in which jurisdiction is founded on diversity of citizenship.…
483 F.2d 1407 Public Service Co. of Indianav.Allis-Chalmers 72-1351, 72-1353 UNITED STATES COURT OF APPEALS Seventh Circuit 9/12/73 1 S.D.Ind.…
Robert O. McDonnell brought this civil rights action on behalf of himself and other inmates of the Nebraska Penal and Correctional Complex.…
United States v. Sherman Marshall Page 7940
Appellant was convicted on January 25, 1971, of violations of the narcotics statutes that were in effect prior to the Comprehensive Drug Abuse and Control Act of 1970 — namely, 21 U.S.C.…
United States v. Darron G. Gilliam Page 7941
This is an appeal from a conviction upon a jury verdict of guilty on three counts of armed robbery and on five counts of assault with a dangerous weapon.…
Raymond Spector, Plaintiff-Appellee-Appellant v. Milton E. Mermelstein, Defendant-Appellant-Appellee Page 7942
In this nine-year old, factually complex diversity suit by Raymond Spector against his attorney Milton E.…
487 F.2d 295 UNITED STATES of America, Appellant,v.Robert VIGO and Carmen Pagan, Defendants-Appellees.…
United States v. Abdul Lateef Isuman Page 7950
Appellant Isuman was convicted by a jury of importing six and one-half pounds of marijuana in violation of 21 U.S.C.…
United States v. Chester Lee Thaxton Page 7953
Chester Lee Thaxton was convicted on three counts charging possession and transportation of untaxed liquor in violation of 26 U.S.C.…
United States v. Middleton Page 7955
483 F.2d 1407 U. S.v.Middleton 72-1404 UNITED STATES COURT OF APPEALS Seventh Circuit 9/11/73 1 N.D.Ill.…
Martin-Trigona v. Skillman Page 7956
483 F.2d 1407 Martin-Trigonav.Skillman 72-2005 UNITED STATES COURT OF APPEALS Seventh Circuit 9/11/73 1 E.D.Ill.…
Larkin v. Bruce Page 7957
483 F.2d 1407 Larkinv.Bruce 73-1036 UNITED STATES COURT OF APPEALS Seventh Circuit 9/11/73 E.D.Wis., 352 F.Supp. 1076 DISMISSED
James Davis v. Walter E. Craven Page 7959
OPINION The State of California (acting^ through its warden) appeals from an order granting a writ of habeas corpus on behalf of James Davis, a prisoner serving a sentence for first-degree robbery and assault with intent to commit murder.…
United States v. Richard Watts Page 7961
This is an appeal from an order of the United States District Court for the Southern District of New York denying a motion to vacate sentence made pursuant to 28 U.S.C.…
This is an appeal from a denial of a preliminary injunction which sought to halt the construction of the Metropolitan Correction Center, one of two buildings comprising the Foley Square Courthouse Annex.…
Herman Russell McLawhorn, III (hereafter petitioner or McLawhorn) appeals the district court’s denial of his petition for a writ of habeas corpus.…
This product liability ease involves the scope of an asbestos manufacturer’s duty to warn industrial insulation workers of dangers associated with the use of asbestos.…
This suit by the widow and beneficiary of Harrison Trawick for death benefits from two insurance policies on his life is on its second journey to this court.…
United States v. Guadalupe Garza Page 7972
The sole question this appeal presents is whether the district court abused its discretion in revoking the defendant-appellant’s probation.…
Motorola, Inc. v. McLain Page 7975
These two appeals require us to delineate the scope of the Equal Employment Opportunity Commission’s investigatory powers under Title VII of the Civil Rights Act of 1964.…
Barney v. United States Page 7976
483 F.2d 1407 Barneyv.U. S. 72-1895 UNITED STATES COURT OF APPEALS Seventh Circuit 9/10/73 1 N.D.Ill.…
Wollenburg v. Schubert Page 7977
483 F.2d 1407 Wollenburgv.Schubert 73-1463 UNITED STATES COURT OF APPEALS Seventh Circuit 9/10/73 1 W.D.Wis.…
This is an appeal from the final order of dismissal with prejudice entered against appellant in his suit in the United States District Court of Utah on November 15, 1972.…
Each of the appellants was convicted on July 30, 1971, of three counts of armed robbery and three counts of assault with a deadly weapon, and given concurrent sentences of substantial prison terms.…
This appeal involves certain claimed deficiencies in federal income taxes for the taxable years 1965 and 1966 in the amounts of $17,267.63 and $11,829.28 respectively.…
This is a suit brought by Francis Shunk Brown, 3rd, Esquire, Trustee in Bankruptcy for I.…
United States v. Harold Wright Page 7990
Contending that bail set in the amount of $250,000 was excessive,1 and not in accord with the Bail Reform Act, the defendant, Harold Wright, appeals the denial of his motion for reduction of bail.…
We affirm on the basis of the findings of fact and conclusions of law of the trial court, appended hereto.…
Luther B. Jackson v. Terry Hensley Page 7994
It is hereby ordered that the above styled and numbered appeal be dismissed for want of prosecution in view of the appellant’s failure to file a brief within the time fixed by the rules.…
Eulogio Arias v. United States Page 7999
In a collateral attack on his conviction, petitioner alleges that the trial judge accepted his guilty plea without following the procedures mandated by *578 Rule ll.…
In 1959 taxpayer, a manufacturer of bottling equipment, purchased insurance on the life of its exclusive distributor in California.…
This is an appeal by Southern Pacific Co., a railroad, from a money judgment recovered by Eugene Kelley, a workman, in an action for negligent injury under the Federal Employers’ Liability Act, 45 U.S.C.…
Monique Preux v. Immigration and Naturalization Service, and John L. Todd, District Director Page 8006
Monique Preux, a Belgian national, has filed in this court pursuant to 8 U.…
Maria Lopez de Robles, a Mexican national, has filed in this court pursuant to 8 U.S.C.…
In Re Robert Reginald Kilgo Page 8010
In this appeal, Robert R. Kilgo challenges certain aspects of the procedure followed by the district court in adjudicating him to be in civil contempt under the General Immunity Act of 1970 [18 U.S.C.…
The Board seeks enforcement of a cease and desist order against Bogart, and the union 1 seeks review of the order to the extent it did not include all the relief which the union desired.…
484 F.2d 681 Julius FUNDERBURK, #028638, Petitioner-Appellant,v.Louie L.…
In this case, we are once again confronted with the difficult task of reviewing the question whether a state prisoner is entitled to a writ of habeas corpus because of his alleged incompetence to assert an intelligent and meaningful defense during his trial.…
The plaintiff-appellee, G. B. Howell, sued American Livestock Insurance Company on a livestock insurance contract to recover for the death of Riches I Seek — a two year old thoroughbred horse.…
Petitioner sells and distributes heating and refrigeration products and their components manufactured at its Ef-fingham, Illinois, plant.…
Rosin v. New York Stock Exchange, Inc. Page 8019
(sitting by designation): Plaintiffs, in three cases, Rosin v. The New York Stock Exchange, Inc. (No. 72-1594), Rosin v. The American Stock Exchange, Inc. (No. 72-1840), and Goulding v. The Midwest Stock Exchange (No. 72-1841), (these cases having been consolidated for purposes of appeal), appeal from orders of the…
United States v. Richard David Gerstle Page 8021
Defendant, in this selective service case, was convicted after court trial on two counts of refusal to submit to induction, and has appealed.…
ORDER After a hearing, Alvin S. Michaelson, counsel of record for the appellant, is assessed a penalty of $172.80, the cost to the United States for the transcript of evidence, for failure to prosecute the appeal with due diligence.…
The district court denied the government’s motion to dismiss in this tax refund case.…
Kermit Nello Burton v. United States Page 8024
Burton originally pleaded not guilty to a single-count indictment charging conspiracy, 18 U.S.C.…
United States v. James F. Williams Page 8025
Appellant was convicted on June 11, 1969 of violations of 26 U.S.C.…
The District Attorney for New York County on behalf of respondent has moved for a stay of an order entered August 3, 1973 in the Southern District of New York, Harold R.…
Limmie West, III v. State of Louisiana Page 8034
Limmie West was convicted of armed robbery after a jury trial in the Criminal District Court for the Parish of Orleans, Louisiana.…
482 F.2d 1124 The COMMUNITY BANK, LAKE OSWEGO, OREGON, Plaintiff-Appellant,v.BANK OF HALLANDALE AND TRUST COMPANY, Defendant-Third PartyPlaintiff-Appellee.Craig G.…
United States v. Pullarao Pentapati Page 8039
Defendant appeals from his conviction on a two count indictment charging him with knowingly and intentionally (1) importing sixty-six grams of cocaine into the United States in violation of 21 U.S.C.…
The entry of judgment in the within matter adjudicated the liabilities of fewer than all of the parties in and to the litigation.…
Norman Gradsky v. United States Page 8042
It is hereby ordered that this appeal is dismissed for want of jurisdiction since the judgment sought to be appealed is not final as to all of the appellant’s claims.…
This appeal presents the difficult question as to whether a beneficiary of a testamentary trust from which securities are sold has proper standing to sue under Rule 10b-5 of the Securities and Exchange Commission, 17 C.F.R.…
Appellant Nash and Associates, Incorporated (Nash) brought suit on September 21, 1971, against Lum’s of Ohio 283 Corporation, Lum’s Incorporated (Lum’s) and Full Disclosure Sales, Incorporated (Full Disclosure) 1 alleging fraudulent statements and omissions in connection with the offer and sale of a fast food…
For the first time since the enactment of the Clayton Act in 1914, this court *587 must decide a ease arising under § 8’s prohibition against interlocking corporate directorates.…
Highway Construction Company appeals a decision of the district court for the District of South Dakota ordering appellant to indemnify its employee, John Moses, for expenses of attorneys’ fees incurred by him in the defense of a negligence action brought by three fellow employees.…
This case is before us pursuant to a petition to review and set aside an order of the National Labor Relations Board reported at 200 N.L.R.B.…
Douglas Dale Sutter v. United States Page 8050
Appellant, convicted of violating 21 U.S.C.…
Appellant sought to obtain disclosure under the Freedom of Information Act1 *1088of the Defense Contract Audit Manual, a manual prepared by the Defense Contract Audit Agency in the Department of Defense.…
United States v. Lloyd R. Grover Page 8052
The appellant was convicted on both counts of an indictment charging second degree murder (D.C.Code § 22-2403) and carrying an unlicensed pistol (D.C.…
United States v. Tyrone Gaskins Page 8053
Appellant was convicted of the felony of first degree burglary.…
The central issue in this class action is whether the trial court properly dismissed the action on the basis of a preliminary determination that the single plaintiff representing the class was not entitled to relief on the merits of his individual claim.…
Koen v. Thomas Page 8063
483 F.2d 1407 Koenv.Thomas 72-1805 UNITED STATES COURT OF APPEALS Seventh Circuit 9/4/73 1 E.D.Ill.…
United States v. Flowers Page 8064
483 F.2d 1407 U. S.v.Flowers 73-1271 UNITED STATES COURT OF APPEALS Seventh Circuit 9/4/73 1 N.D.Ind.…
Constantin Tivon v. John M. England Page 8065
I. This is a petition for review of the district court’s reversal of a decision by the referee in bankruptcy denying the trustee’s petition for an accounting and turnover order.…
Delbert V. Mathis appeals from a summary judgment in favor of the Secretary of Defense.…
OPINION The two appellants were indicted in a six count indictment, charging them in Count One with a conspiracy to pass and keep counterfeited notes (18 U.S.C.…
This is an appeal from an order of the District Court for the Western District *201 of Washington granting defendant-ap-pellee’s motion to dismiss for lack of jurisdiction.…
This is an appeal from an order dismissing both a complaint for declaratory-judgment and a counterclaim for patent infringement on the basis that there was no actual or justiciable controversy between the parties.…
Ronald F. and Deborah C. Weiszmann seek review of a decision of the United States Tax Court, 31 T.C.M.…
In this opinion we turn to petitions filed by Blanco Oil Co. and other producer petitioners that relate not to the validity of the provisions of the Federal Power Commission’s order considered in the Texas Gulf Coast Area Rate Cases, decided August 24, 1973, but rather to the order’s scope and application.…
United States v. Thomas J. Pecora Page 8075
OPINION OF THE COURT Thomas J. Pécora was indicted under '§ 186(b) of the Labor-Management Relations Act which makes it an offense for an employee representative to receive from an employer “any payment, loan, or delivery of any money or other thing of value.” 1 After a prehearing conference, the government and…
M. F. Brown v. Lykes Brothers Steamship Company, Inc., in Personam, and Ss Lipscomb Lykes, in Rem Page 8078
This is an admiralty case brought by appellee Brown against appellant Lykes Brothers Steamship Company, Inc. (Lykes) under the Longshoremen’s & Harbor Workers’ Compensation Act.…
In this case the only question presented is whether Exxon Corporation is the *978 statutory employer of appellant Carroll.…
The preliminary injunction issued by the district court is dissolved and this cause is remanded to that court for further proceedings in light of Heller v. New York, 413 U.S. 483, 93 S.Ct.…
Appellant Raymond Lockett appeals from the denial of his application for a writ of habeas corpus, alleging the following : first, that the district court erred in holding that as a matter of law a guilty plea can be voluntary despite the fact that an accused is not specifically apprised of his right to trial by jury…
Richard Henry Bryan v. United States Page 8089
This is a pro se appeal from the denial of a motion filed under 28 U.S.C.…
United States v. Norris Goss Page 8090
We consider the appeal of Norris Goss from conviction, upon jury trial, of armed bank robbery in violation of 18 U.S. C.…
Carl James Wedding v. John W. Wingo Page 8091
Wedding appeals from the denial by the District Court of his petition for a writ of habeas corpus after an eviden-tiary hearing conducted by a United States Magistrate.…
This case is before us on the Government’s motion to dismiss defendant’s timely appeal from his conviction by a jury on four counts of an indictment charging violation of 26 U.S.C.…
The Secretary appeals from an order of the district court granting Mrs. Torske disability benefits under the Social Security Act.…
Charlie's Girls, Inc. v. Revlon, Inc. Page 8099
We hereby reverse the order of the district court dated July 3, 1973, temporarily restraining appellant, Revlon, Inc., from the use of the trademark “Charlie” for fragrance.…
Robertshaw Controls Company, Lux Time Division, (Company) petitions this court pursuant to Section 10(f) of the National Labor Relations Act 1 to review and set aside an order of the National Labor Relations Board (Board) based on a finding that the Company had violated Sections 8(a)(1) and (3) of the Nation *764 al…
Russell Hosiery Mills, Inc., appeals from an order of the district court which held that certain hosiery products of Russell infringe Claims 4 and 5 of the Sarbo United States Reissue Patent No. RE 26,667, which patent is owned by the plaintiff Wayne-Gossard Corporation.…
By this action, the United States sought the forfeiture, for failure to pay the required tax,1 of 20 “Dealer’s Choice” mechanical poker machines, alleging them to be coin-operated gaming devices as defined in 26 U.S.C.…
The repercussions from Rodrigue 1 continue.…
United States v. Richard Ernest Crews Page 8114
This appeal is taken from appellant’s conviction by a jury trial of possessing a quantity of marihuana in violation of Section 844(a) of the United States Code.…
United States v. Jose Angel Hernandez Page 8115
This is an appeal from a judgment of conviction for unlawfully, knowingly, and intentionally possessing marijuana with intent to distribute, in violation of 21 U.S.C.…
ORDER This case is before the court on the petition of the National Labor Relations Board for enforcement of its order against respondent in case numbers 8-CA-6860 and 8-CA-6950.…
United States v. Russell Page 8121
483 F.2d 1407 U. S.v.Russell 72-1587 UNITED STATES COURT OF APPEALS Seventh Circuit 8/30/73 1 S.D.Ill.…
Bies v. Gray Page 8122
483 F.2d 1407 Biesv.Gray 72-1757 UNITED STATES COURT OF APPEALS Seventh Circuit 8/30/73 1 E.D.Wis.…
(dissenting) : I respectfully dissent. The majority, in reversing the Court below, relies upon United States v. Randall, 401 U.S. 513, 91 S.Ct.…
United States v. Hal Findley Moore Page 8124
OPINION This is an appeal from convictions for possessing marihuana with intent to distribute (21 U.S.C.…
The Secretary of Labor, plaintiff-appellant, sued defendant-appellee to enjoin him from violating the minimum wage, overtime, and record keeping provisions of the Fair Labor Standards Act as amended, 29 U.S.C.…
United States v. Cooper Page 8128
The defendant Paul S. Cooper appeals from a judgment of convictions entered by the District Court for the Cental District of California on October 2, 1972.…
United States v. Eddie Lee Taylor Page 8130
Eddie Lee Taylor appeals from his conviction, on a plea of not guilty, after a trial by jury, of receiving, retaining and concealing stolen United States Postal Money Orders in violation of 18 U.S.C.…
United States v. Daniel Bethea, Jr. Page 8131
This appeal arises from the conviction of Daniel Bethea, Jr., of violation of the Military Selective Service Act of 1967, 50 App.…
This is an appeal from dismissal of a complaint under the Federal Tort Claims Act, 28 U.S.C.…
United States v. William Levern Inman Page 8133
Convicted of aiding and abetting armed robbery of a federally insured bank and sentenced to a term of twenty-five years, defendant appeals.…
United States v. Donald A. Cyzewski, A/K/A J. Scalzi, and James Peter Herbert, A/K/A J. Daly Page 8135
484 F.2d 509 UNITED STATES of America, Plaintiff-Appellant,v.Donald A.…
In this suit based upon 28 U.S.C.A.. § 1343(3) and 42 U.S.C.A.…
The validity of a six-member jury, prescribed by a local District Court rule, is challenged on this appeal for the first time in this Circuit.…
Appellant, seeking child’s disability insurance benefits, appeals from the order of the District Court granting the Secretary’s motion for summary judgment.…
Daniel Barker v. Dale Johnson Page 8144
Petitioner-Appellant has appealed from an order of the district court dismissing his civil rights action.…
This case is before the Court on an emergency application for stay pending appeal of an order of the District Court *570 granting a preliminary injunction in a school desegregation case.…
Haphner v. United States Page 8147
483 F.2d 1406 Haphnerv.U. S. 73-1187 UNITED STATES COURT OF APPEALS Seventh Circuit 8/29/73 1 W.D.Wis.…
Heutsche v. United States Page 8148
483 F.2d 1407 Heutschev.U. S. 73-1689 UNITED STATES COURT OF APPEALS Seventh Circuit 8/29/73 1 N.D.Ill.…
United States v. John Wayne Baranski Page 8149
On the afternoon of April 29, 1971, accompanied by a reporter whom they had invited to witness a newsworthy event, the four defendants-appellants went to a building in Evanston, Illinois, housing the offices of three draft boards, opened drawers and filing cabinets there, pulled some records, and poured animal blood…
United States v. Robert v. Steinhilber Page 8151
Robert V. Steinhilber appeals his conviction, by a jury, of violating the provisions of 15 U.S.C.…
Does a district court have jurisdiction in a condemnation action brought by the United States to entertain the counterclaim of a public utility whose facilities are expressly excluded from condemnation?…
United States v. Ingo Grill Page 8159
The sole issue is whether the District Court correctly refused to suppress evidence claimed to have been obtained in violation of the Fourth Amendment.…
ORDER Upon the filing by National Labor Relations Board of its application for summary entry of judgment upon the transcript of the record, this Court, on June 28, 1973, issued an order requiring the Respondent to show cause by July 18, 1973, why the Board’s application for entry of summary judgment should not be…
James Ambrose, a/k/a Lilly Ambrose, appeals from a jury conviction of one count of aiding and abetting the sale of non-tax-paid liquor, in violation of 18 U.S.C.…
Clinton Street Greater Bethlehem Church, Intervenor-Plaintiff-Appellant v. City of Detroit Page 8165
484 F.2d 185 CLINTON STREET GREATER BETHLEHEM CHURCH,Intervenor-Plaintiff-Appellant,v.CITY OF DETROIT, Defendant-Appellee.…
This is an appeal and a cross-appeal from a judgment of the District Court which found that the two patents in suit were valid and infringed, but that the plaintiff was guilty of laches and therefore could not prosecute the suit.…
United States v. Frank Peter Teresi Page 8168
This is an appeal from orders of the district court entered April 17, 1973, Judge Austin, presiding.…
Northern Petrochemical Company brought this diversity action against William F.…
United States v. Enrique Sanchez Page 8172
Enrique Sanchez appeals from a judgment of conviction entered after trial by jury in the United States District Court *1054 for the Eastern District of New York.…
This appeal arises out of the Mobile School desegregation case.1 It presents the effort of the NEA to superimpose a class action upon a pending class action.…
Erickson v. United States Page 8182
483 F.2d 1406 Ericksonv.U. S. 72-1750 UNITED STATES COURT OF APPEALS Seventh Circuit 8/27/73 1 N.D.Ill.…
Fox River Pattern v. Nlrb Page 8183
483 F.2d 1406 84 L.R.R.M. (BNA) 3010, 75 Lab.Cas.…
This is a timely appeal by taxpayer Russell Mann 1 from the decision of the Tax Court 2 sustaining the Commissioner’s determination of a deficiency of $9,957.95 in income tax for 1966.…
This action for injunctive and declaratory relief was initiated by Henkel pursuant to the Civil Rights Act, 42 U.S.C.…
OPINION Before MERRILL, BROWNING, and WALLACE, Circuit Judges.…
Guy VanCleave appeals from a judgment of the United States District Court for the District of Colorado awarding damages and granting injunctive relief to David Lontine in an action under 42 U.S.C.…
These parole revocation cases are back on appeal after remand to the District Court for the taking of evidence and the making of factual findings as to certain issues on appeal.…
OPINION OF THE COURT This is an appeal from an order of the Food and Drug Administration (FDA) revoking the marketing approval previously granted for several drugs produced by E.…
The question for decision in this unusual Georgia diversity case is whether *736 a robbery by extortion of plaintiff bank’s funds constitutes a loss covered by the standard form Banker’s Blanket Bond insurance policy issued to the bank by the defendant insurer.…
United States v. Robert Iva Griffin Page 8195
Appellant, Robert Iva Griffin, was indicted for (1) transporting a stolen motor vehicle in interstate commerce in violation of 18 U.S.C.…
The Dunlop Company, Limited, and Cross-Appellee v. Kelsey-Hayes Company, and Cross-Appellant Page 8197
The subject matter of the two patents involved in this appeal is disc brakes.…
Appellants Wernet and Golden appeal from the dismissal after trial of their complaint against their union.…
This action for the enforcement, under Kentucky law, of a claimed material-man’s lien, resulted in a judgment for the appellee Sandusky Foundry and Machine Company (Sandusky) against the appellants City of Wickliffe (City) and Westvaco Corporation (Westvaco) for $130,054 with interest from December 12, 1969.…
Construction Aggregates v. United States Page 8201
483 F.2d 1406 Construction Aggregatesv.U.…
Johnson v. United States Page 8202
483 F.2d 1406 Johnsonv.U. S. 73-1316 UNITED STATES COURT OF APPEALS Seventh Circuit 8/24/73 1 N.D.Ill.…
Hampton v. City of Chicago Page 8203
Plaintiffs allege that 14 Chicago police officers raided an apartment at 2337 West Monroe Street at 4:15 A.M.…
This is a timely appeal from an order of the District Court sustaining defendant Great Central Insurance Co.’s motion to dismiss Count I of plaintiffs’ first amended petition in an action for wrongful death pursuant to a policy of insurance affording uninsured motorist coverage.…
OPINION Before TRASK and CHOY, Circuit Judges and TAYLOR, * District Judge.…
Appellant has filed a motion for recall of mandate alleging that our decision of April, 1973, 477 F.2d 643 (1st Cir. 1973), denying relief for injuries incurred in the course of employment, should be reexamined in light of Moun-sey v. Ellard, 1973 Mass.Adv.Sh.…
United States v. Arthur Jay Lee Page 8215
In a trial by jury Lee was convicted of conspiracy with others to unlawfully, knowingly, and intentionally possess with intent to distribute forty-five pounds of marihuana (Count l), 1 and of the substantive offense of unlawfully, knowingly, and intentionally possessing forty-five pounds of marihuana with intent to…
An unexplained absence of over seven years gives rise to a presumption of death for Social Security purposes.…
The trustees of the Penn Central Transportation Company in a Section 77 reorganization proceeding in the District Court for the Eastern District of Pennsylvania brought this plenary suit in the Northern District of Illinois against Gold Seal Liquors, Inc. to recover $6,999.76 for accrued freight charges.…
The case before us is a tax refund suit. It involves an effort by Johnson, Drake and Piper (hereafter the taxpayer) to increase its net operating loss for the year 1960, and, on the basis of such increase in loss, and the net operating loss carryback provisions of the Internal Revenue Code, to obtain a refund of…
Joseph F. Niki (taxpayer) and his wife Michiko T.…
This appeal is taken from the District Court’s denial of a preliminary injunction in a suit by the Maryland-National Capital Park and Planning Commission to stop continued construction of the Washington Bulk Mail Center now under construction on a 63-acre tract in Prince George’s County, Maryland, adjacent to the west…
The Commissioner of Internal Revenue appeals from a decision of the Tax Court, Charles R.…
A group of unions (appellant) representing seamen on American flag vessels asked the district court to enjoin temporarily state court injunction proceedings brought against the union by Mobile Steamship Association, a membership corporation representing shippers and stevedoring companies at the Port of Mobile, and by…
United States v. Hubert Geroid Brown Page 8236
This appeal is from a judgment of conviction entered on a jury verdict finding defendant guilty of transporting a firearm from New Orleans to New York while a passenger on Delta Airlines flight 818 in violation of 15 U.S.C.…
Craven v. Atkinson Page 8241
483 F.2d 1406 Cravenv.Atkinson 72-1429 UNITED STATES COURT OF APPEALS Seventh Circuit 8/22/73 1 S.D.Ind.…
This is an enforcement proceeding instituted in this court by the NLRB against Beech Aircraft Corporation, a Delaware corporation which manufactures aircraft, aircraft assemblies and aircraft parts at various places, including a plant in Salina, Kansas, which is the particular plant involved in the present proceeding.…
This appeal from the Tax Court presents the single question whether a first grade teacher’s sabbatical travel expenses abroad were deductible as "ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business,” within the meaning of § 162(a) of the Internal Revenue Code…
United States v. Pui Kan Lam Page 8252
Following a two-week trial before the late Hon.…
OPINION OF THE COURT Whether the Civil Rights Act was violated when an electric utility shut off service to its customer is the issue to be decided in this case.…
OPINION OF THE COURT This is an appeal from a judgment of sentence imposed after a verdict of guilty on an indictment charging that appellant Belgrave violated the Selective Service Act of 1967, 50 App.…
These two cases, combined on hearing because of their similarity of issues, are unfortunate by-products of the current oil shortage.…
Vivian Calhoun v. Ed S. Cook Page 8258
Pursuant to this-court’s mandate of November 24, 1972, (469 F.2d 1067) the district court, 362 F.Supp. 1249, approved a plan for the operation of the Atlanta Public School System.…
The National Labor Relations Board has applied for enforcement of its order against Wire Products Manufacturing Corp., following a finding of the Company’s unfair labor practices in violation of §§ 8(a)(1), (3), and (5) of the National Labor Relations Act, as amended.…
United States v. Miklos Polesti Page 8261
Appellant, Miklos Polesti, was convicted by a jury of conspiracy to possess, and possession of, a large number of cartons of Scotch whiskey stolen from interstate commerce in violation of 18 U.S.C.…
This action was brought in the District Court under Section 205(g) of the Social Security Act, hereinafter called “the Act” [42 U.S.C.…
Duane S. Marusa v. District of Columbia Page 8264
Appellant Duane Marusa brought these actions in the District Court 1 *to recover damages for a bullet wound he suffered, allegedly at the hand of Officer Delbert C.…
United States v. Edgar C. Thomas, A/K/A Elgar Thomas, United States of America v. Elgar C. Thomas Page 8265
485 F.2d 1012 158 U.S.App.D.C. 233 UNITED STATES of Americav.Edgar C.…
concurring with a comment: The comment has reference to the language of Bankers Life & Cas.…
OPINION OF THE COURT This case involves the interpretation of the federal securities laws to determine whether there is federal jurisdiction to hear John Lino’s complaint.…
OPINION OF THE COURT This is a consolidated appeal from two orders issued in separate actions by the United States District Court for the Middle District of Pennsylvania.…
United States v. James A. Watson Page 8270
Defendant was convicted of first degree murder and sentenced to life imprisonment.…
481 F.2d 1266 UNITED STATES of America, Plaintiff-Appellee,v.Tarciso Antonio De ALBA-CONRADO, Defendant-Appellant.…
Reginald Max Goldsmith, a private investigator, was charged with intercepting private telephone conversations by wiretaps on two separate telephone lines in violation of 18 U.S.C.A.…
United States v. Lloyd Ervin Johnson Page 8277
Lloyd Ervin Johnson takes this appeal from his conviction of violating 18 U.S. C.…
Ronald Bowman v. United States Page 8280
Ronald Bowman has applied to this Court for leave to appeal in forma pauperis 1 from the district court’s denial of his motion to vacate judgment and sentence, 28 U.S.C.…
JUDGMENT ENFORCING AN ORDER OF THE LABOR RELATIONS BOARD This cause was submitted upon • the application of the National Labor Relations Board for summary entry of a judgment against Roger Peck Chevrolet, Inc., its officers, agents, successors, and assigns, enforcing its order dated September 22, 1972, and referred to…
Appellant Armour & Company brought this diversity action in the district court against the appellee, St. Paul Fire & Marine Insurance Company.…
The questions raised by this appeal are whether petitioner waived his constitutional objection to the admissibility of certain evidence as a matter of Illinois procedure, and if so, whether that waiver also forecloses a federal collateral attack on his conviction.…
This is an appeal under Section 211 of the Economic Stabilization Act of 1970, as amended, by plaintiffs, Pacific Coast Meat Jobbers Association, Inc., National *1389Association of Meat Purveyors, Inc., and their members,1 from an order of the United States District Court for the Northern District of California…
The plaintiff in this case brought suit under the General Maritime Law and the Jones Act to recover for injuries he sustained while he was being lifted onto a fixed drilling platform in the Gulf of Mexico.…
The complaint in this case rest on the theory that the Occupational Safety and Health Act of 1970, 29 U.S.C.…
United States v. Frank Richardson Page 8297
Defendant Frank Richardson appeals from a denial of his motion, pursuant to Fed.R.Crim.P.…
484 F.2d 485 UNITED STATES of America, Appellee,v.Trunnell Levett PRICE and Arnold Lewis Coffey, Appellants.…
United States v. Horton J. Brown Page 8299
Defendant Horton J. Brown appeals from conviction on 17 counts of violations of 18 U.S.C.…
United States v. Harry Sherman Luckett Page 8300
OPINION The government appeals from an order of the district court granting appel-lee’s motion to suppress evidence.…
Jean Moucka v. Peggy v. Windham Page 8303
Peggy V. Windham appeals, from the judgment of the United States District Court for the District of New Mexico awarding Jean Moucka the sum of $16,050.00, interest and attorney fees in a diversity action for recovery on a note.…
This appeal is taken, from an order of the district court granting summary judgment for appellees, William R.…
This complaint by a black teacher for non re-employment, unlike so many, makes no claim of racial motivation or reprisal for exercise of First Amendment or similar constitutional rights.…
United States v. John Robert Lee Page 8311
Lee was convicted of unlawfully removing merchandise from a cargo area within the United States Customs’ custody and control in violation of 18 U.S.C.…
Plaintiffs are wholesalers who supply hosiery and toys to various retail outlets in the State of Georgia.…
Andrew Pasha v. United States Page 8315
This is an appeal by the government from a judgment in a coram nobis pro *631 ceeding brought by plaintiff Pasha to vacate his earlier conviction; and to recover a fine paid by him and recover the value of his automobile forfeited to the government — both with interest.…
United States v. Bobby Lee Williams Page 8316
This is an appeal from the conviction of Bobby Lee Williams for making a false statement on an application to purchase a firearm in violation of 18 U.S.C.…
United States v. Paul J. Churchill Page 8319
483 F.2d 268 UNITED STATES of America, Appellee,v.Paul J.…
483 F.2d 918 Emma BOHLEN, Appellee,v.Caspar WEINBERGER, Secretary of Health, Education andWelfare, Appellant.…
481 F.2d 1280 Hubert BARBAREE, Plaintiff-Appellee,v.INDEPENDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant-Appellant.…
United States v. Grooms Page 8328
483 F.2d 1406 U. S.v.Grooms 72-1602 UNITED STATES COURT OF APPEALS Seventh Circuit 8/15/73 1 N.D.Ind.…
The defendants herein were convicted of criminal conspiracy, interstate transport of a forged security, and interstate transportation of stolen cattle, violations of Title 18 U.S.C.…
483 F.2d 29 Martin W. LINDEN, Plaintiff,v.CHICAGO, BURLINGTON & QUINCY RAILROAD, a corporation, andFarmers Elevator Mutual Insurance Company, acorporation, Defendants.CHICAGO, BURLINGTON & QUINCY RAILROAD, a corporation, ThirdParty Plaintiff, Appellant,v.HOLDREGE COOPERATIVE EQUITY EXCHANGE, a corporation…
Melvin Leroy Tyler, an inmate of the Missouri State Penitentiary, appeals from the dismissal of his habeas corpus petition by the United States District Court for the Eastern District of Missouri.…
The Joslin Dry Goods Co., the appellee, operated retail department stores in the Denver, Colorado, area.…
United States v. Ellen Morgan Page 8337
Ellen Morgan, was convicted under an indictment charging her with the possession of a check stolen from the mail in violation of 18 U.S.C.A.…
Stockton v. Lucas Page 8338
Plaintiffs Milton I. Stockton and Rose R.…
Steve S. Watson v. United States Page 8343
We hold that Peters v. Kiff, 407 U.S. 493, 92 S.Ct.…
Mendoza v. City of Miami Page 8346
These are cross-appeals from a summary judgment entered against the Mayor, the City Manager, and the Chairman of the Civil Service Board of the City of Miami, Florida, in a suit brought by the appellee, an alien, concerning discrimination against aliens in the City’s employment practices.…
For failure to state a claim upon which relief could be granted, the district court dismissed the civil rights complaint of Reed, a Texas prisoner, filed under 42 U.S.C.A.…
Dennis Newton has applied to this court for a certificate of probable cause and leave to appeal in forma pauperis from the District Court’s denial of his petition for habeas corpus.…
This case arose out of a dispute between certain unions which represent employees of the City of Cleveland on the one hand and the Secretary of Labor and the City of Cleveland on the other *341over the terms of a grant made to the City under the Emergency Employment Act of 1971 (EEA).…
Southern Railway Company v. Doyle Combs Page 8353
This is an appeal from the District Court’s denial of a motion for a preliminary injunction in a labor dispute.…
Petitioner, Stidham, and one, Richard L. Long, were convicted in the Fayette County, Kentucky, Circuit Court on a charge of armed robbery of a liquor store, and were sentenced to twenty years’ imprisonment.…
United States v. Carmichael Page 8355
483 F.2d 1406 U. S.v.Carmichael 72-1616 UNITED STATES COURT OF APPEALS Seventh Circuit 8/14/73 1 N.D.Ill.…
Tavizon-Lopez v. I.N.S Page 8356
483 F.2d 1406 Tavizon-Lopezv.I.N.S. 72-1776 UNITED STATES COURT OF APPEALS Seventh Circuit 8/14/73 1 N.D.Ill.…
United States v. Marion C. Denmon, Jr. Page 8358
The defendant in a jury trial was convicted of selling, in violation of 18 U.S. C.…
Aubrey Tinsley Sade brought an action sounding in fraud against Northern Natural Gas Company.…
United States v. John C. Doran, Jr. Page 8363
John C. Doran appeals from his conviction on two counts of a four count indictment charging him with conspiring to distribute and distributing heroin in violation of 21 U.S.C.…
This is a suit in admiralty by a consignee to recover damages for the loss of 350 cartons of adding machines shipped in a container.…
David T. Mason v. Francis D. Degeorge Page 8366
This appeal challenges the granting by the District Court of Maryland of an interlocutory injunction, under which the responsible officers of the Department of Health, Education and Welfare (hereafter referred to as HEW) were enjoined “from failing to provide funds to the Maryland State Department of Employment and…
This suit was brought under the Miller Act (40 U.S.C.…
United States v. Porter Page 8373
483 F.2d 1406 U. S.v.Porter 73-1249 UNITED STATES COURT OF APPEALS Seventh Circuit 8/13/73 1 N.D.Ind.…
United States v. Dale Paul Glup Page 8374
The case before us challenges the sufficiency of count one of the indictment.…
United States v. Donald Powers Page 8375
On June 27, 1972, a federal grand jury returned a four-count indictment against Donald Powers, charging him with violations of 18 U.S.C.…
United States v. Arnold Marvin Ranta Page 8376
Defendant Arnold Marvin Ranta was charged with two counts of violating 18 U.S.C.…
Hartford brought this action for a declaratory judgment that it had no liability on a homeowner’s policy and on a scheduled/valued policy, both of which were issued to the Herralds.…
Wilson M. Price v. John Mosler Page 8380
This is an appeal from an award of damages and maintenance and cure under the general maritime law.…
Having reviewed the record in this case we find that at least one defendant, District Attorney Wade of Dallas County, still has pending against him in the District Court so much of the lawsuit as seeks declaratory and injunctive relief.…
In this case we are concerned solely with the scope of the equitable relief granted by the district court, 363 F.Supp. 1.…
Lee v. Macon County Board of Education Page 8384
This appeal by private plaintiffs-appellants involves a new plan for student and faculty desegregation of the Annis-ton, Alabama, City Board of Education which was approved on April 9, 1973, by the district court, on joint motion of the Board and the United States.…
This is an appeal from the order of the district court for the Southern District of Florida dismissing appellant’s complaint under 42 U.S.C.…
The plaintiff, an inmate of the United States Penitentiary at Marion, Illinois filed this action pro se, challenging the legality of the Parole Board’s unexplained and allegedly discriminatory denial of plaintiff’s application for parole.…
Local Union No. 11 v. Boldt Page 8397
This is a timely appeal by plaintiff, Local Union No. 11, International Brotherhood of Electrical Workers, AFL-CIO (Local 11) from final judgment of the District Court entered February 23, 1973, sustaining defendants’ motion for summary judgment and declaring valid a final wage-increase determination of the…
United States v. Luis Arturo Gonzalez Page 8398
Appellant, using the name Luis Arturo Gonzalez (his real name, as subsequently admitted, is Dario Jose Mejia Tobon), appeals from a judgment of conviction entered after a jury trial in the United States District Court for the Southern District of New York.…
OPINION OF THE COURT This is an appeal from the district court’s grant of summary judgment in favor of the appellee, 335 F.Supp. 1405.…
On June 15, 1971, John E. Garrett was a passenger in an automobile owned and operated by Hastings A.…
United States v. William Carl Truelove Page 8401
In this appeal William Carl Truelove challenges a sentence of imprisonment for five years.…
In his petition for habeas corpus, Gor-ham alleges that the parole board deprived him of fundamental fairness and abused its discretion when it refused to grant him parole.…
Ada ASH Et Al., Plaintiffs-Appellants, v. HOBART MANUFACTURING COMPANY, Defendant-Appellee Page 8407
This is an appeal from a decision by the District Court concluding that the plaintiff-appellants had failed in their proof to establish sexual discrimination by the defendant-appellee in employment practices.…
483 F.2d 129 84 L.R.R.M. (BNA) 2033, 71 Lab.Cas.…
United States v. Jones Page 8409
483 F.2d 1406 U. S.v.Jones 72-1683 UNITED STATES COURT OF APPEALS Seventh Circuit 8/9/73 1 S.D.Ind.…
United States v. Krowczyk Page 8411
483 F.2d 1406 U. S.v.Krowczyk 72-1874 UNITED STATES COURT OF APPEALS Seventh Circuit 8/9/73 1 N.D.Ill.…
United States v. Mario Marrero Page 8413
Mario Marrero, Miguel Garcia and Sandra Teich were charged with conspiracy to violate the narcotic laws and with three separate sales of heroin, all in violation of 21 U.S.C.…
United States v. Wilford Jackson Page 8415
Appellant, Wilford Jackson, appeals his conviction for aiding and abetting one Ronald Yarpe in the distribution of cocaine to a government agent in violation of 21 U.S.C.…
United States v. Joseph Iacopelli Page 8419
This appeal is from a conviction under 21 U.S.C.…
Robbie Mae Alexander v. Texaco, Inc. Page 8424
In the appeal in this non jury Texas diversity case, tried on stipulated facts, we are asked to interpret a deed executed prior to the enactment of a gross production tax on the oil produced from the deeded land and determine upon which party that tax should fall.…
United States v. James Earl Young, Sr. Page 8425
Appellant was convicted below of assaulting a federal officer in violation of 18 U.S.C.A.…
United States v. Sheria Harvey Page 8427
Defendant-appellant Harvey was convicted by a jury of interstate transportation of a stolen motor vehicle in violation of 18 U.S.C.…
Virginia Stevens v. Rayfield Carey Page 8431
This appeal presents the important and novel issue of whether a federal district court had subject matter jurisdiction over an action by a federal employee against the federally-recognized union that allegedly expelled her from membership.…
Ramer v. Gray Page 8432
483 F.2d 1406 Ramerv.Gray 72-1521 UNITED STATES COURT OF APPEALS Seventh Circuit 8/8/73 1 W.D.Wis.…
Mary Ellen Bernard v. Omaha Hotel, Inc. Page 8434
This is a diversity personal injury case, appealed from the federal district court in Nebraska.…
Larry William Schmidt v. United States Page 8435
Larry William Schmidt appeals his conviction on two counts of violating provisions of Selective Service laws and regulations.…
United States v. Carlee Brown Page 8436
The appellant, Carlee Brown, was indicted, tried, and found guilty of two counts of knowing and intentional distribution of heroin in violation of 21 U.S. C.…
This is an action by workers in the aerospace industry, who are required to pay union dues under compulsory union shop contracts, to enjoin Treasury officials from continuing to grant or recognize tax exemption status under § 501(c)(5) of the Internal Revenue Code in the case of any labor organization that expends tax…
Plaintiffs, ten creditors of a now reorganized corporation, individually sued National Distillers and Chemical Corp., the major creditor of that corporation, on their debts.…
Malcolm Jeter, Plaintiff-Appellant-Cross v. Star Fish & Oyster Company, Defendant-Appellee-Cross Page 8442
Pursuant to the Jones Act and general maritime law, seaman Jeter seeks to recover damages as well as maintenance and cure for injuries sustained as a result of the alleged negligence of Star and the unseaworthiness of its vessel, the M/V BABY ANN.…
These cases are two of a spate of appeals occasioned by the decision of the Supreme Court, in Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct.…
480 F.2d 922 84 L.R.R.M. (BNA) 2128 *International Woodworkers ofAmerica, AFL-CIO, Local No. 5-378v.Vancouver Plywood Co., Inc., Hardwood ProductsDivision 73-1977 UNITED STATES COURT OF APPEALS Fifth Circuit Aug.…
This appeal presents the question whether federal courts are required to apply the Federal Rule of Civil Procedure (Rule 3) or a state statute which conflicts therewith, to determine the issue as to when an action is commenced in the federal courts.…
United States v. Derl Gray Page 8448
The defendant, Deri Gray, appeals his convictions under a two count indictment charging violations of the federal firearms laws, 18 U.S.C.…
This consolidated appeal involves the Tax Court’s determination of income tax deficiencies, fraud penalties and additions to tax for failure to pay estimated tax, aggregating over $135,000, for the years 1956 through 1962.…
United States v. Langley Page 8450
483 F.2d 1406 U. S.v.Langley 72-1720 UNITED STATES COURT OF APPEALS Seventh Circuit 8/7/73 1 S.D.Ind.…
Shelton v. Union County Board Page 8451
483 F.2d 1406 Sheltonv.Union County Board 72-1802 UNITED STATES COURT OF APPEALS Seventh Circuit 8/7/73 1 E.D.Ill.…
United States v. Harold Silvern Page 8452
This case has been reheard en banc in an attempt to establish greater certainty in district courts in this Circuit, and to conserve judicial energy by possibly avoiding appeals and retrials, in regard to the giving of the so-called Allen or “dynamite” charge as a supplemental instruction to a deadlocked jury.…
The controversy before us arises out of damages suffered by a train of the plaintiff Chicago and North Western Railway Company (hereafter the railroad) due to a washout of its tracks and subsequent derailment of its train.…
United States v. Michael L. Principe Page 8457
Michael L. Principe was charged in two counts of a four count indictment *61 with conspiring to distribute and distributing heroin in violation of 21 U.S.C.…
United States v. Rickey Lee Miller Page 8460
Rickey Lee Miller was on October 30, 1972, indicted by a Northern District of Georgia grand jury under two counts for violation of Title 21, U.S.C., Section 841(a)(1), knowingly and intentionally distributing certain quantities of heroin hydrochloride, a Schedule I narcotic drug controlled substance, on two occasions…
United States v. William Marvin Holt Page 8461
The question here is whether the trial court abused its rather broad discretion in denying Appellant’s motion for severance.…
480 F.2d 923 *Texas Water Wells, Inc.v.Gulf Coast Aluminum Corporation 73-2026 UNITED STATES COURT OF APPEALS Fifth Circuit Aug.…
483 F.2d 1406 Wurzingerv.Immigration and Naturalization Service 72-1448 UNITED STATES COURT OF APPEALS Seventh Circuit 8/6/73 1 I.N.S.…
Laehn v. Schmidt Page 8466
483 F.2d 1406 Laehnv.Schmidt 72-1758 UNITED STATES COURT OF APPEALS Seventh Circuit 8/6/73 1 W.D.Wis.…
United States v. Floyd Ray Phillips Page 8468
This case involves the nondisclosure of alleged Jeneks Act material, in Phillips’ trial for bank robbery.…
Petitioner seeks review of a decision of the Tax Court, 57 T.C.…
Fed. Sec. L. Rep. P 94,093 Bangor and Aroostook Railroad Company v. Bangor Punta Operations, Inc. Page 8471
A Maine railroad corporation and its wholly-owned subsidiary bring this action against their former owners, seeking damages under the federal anti-trust and securities laws, and under state law, for the alleged “looting” of the railroad in 1960-67 when the defendants were in control.…
This is an action brought by the Secretary of Labor to enjoin the General Motors Acceptance Corporation from violating the overtime and record keeping provisions of the Fair Labor Standards Act, 29 U.S.C.…
It now appears that the indictment underlying the appeal in this matter was dismissed by the district court following reversal by a panel of this court, United States v. Caraway, 5 Cir., 1973, 474 F.2d 25, but prior to the issuance of the mandate of this court and prior to the sua sponte determination of the court to…
James Andrew Times v. Louie L. Wainwright, Director, Division of Corrections, State of Florida Page 8479
This is an appeal from the dismissal of Appellant’s petition for a writ of habeas corpus concerning his conviction for second degree murder in a Florida state court.…
Jerry Lee Irby v. State of Alabama Page 8480
The petition for a certificate of probable cause and leave to appeal in forma pauperis is granted and the appeal is ordered docketed.…
483 F.2d 1406 Mayerfeldv.Provident Life and Accident Insurance Company 72-1467 UNITED STATES COURT OF APPEALS Seventh Circuit 8/3/73 1 N.D.Ill.…
Schenk v. Gray Page 8483
483 F.2d 1406 Schenkv.Gray 72-1755 UNITED STATES COURT OF APPEALS Seventh Circuit 8/3/73 1 E.D.Wis.…
Taxpayer appeals from a partial judgment in his favor in this excise tax refund suit.…
This is an appeal by the United States from the judgment of the district court in favor of taxpayer, Rex Chainbelt, Inc. That company had filed suit for a refund on an excise tax paid for the years 1961 through 1966 on an item which the Government contends is an accessory or part of an automotive truck chassis and…
When this appeal was argued before us, the parties addressed themselves in major part to the question of whether O’Callahan v. Parker, 395 U.S. 258, 89 S.Ct.…
Brown v. Gottschalk Page 8491
This is an appeal from the United States District Court for the District of Columbia dismissing a complaint filed under 35 U.S.C.…
United States v. William Brown Page 8492
This case raises difficult questions about a matter of importance that is *1315continually before this court: the resolution of motions for bail pending appeal.…
In this habeas proceeding, a North Carolina prisoner, convicted of rape, 1 *406 challenges the constitutional admissibility of an inculpatory statement secured from him shortly after his arrest.…
ON PETITION FOR REHEARING Upon consideration of the petition for rehearing of the appellee and cross-appellant Moore and the response of the appellants and cross-appellees Knowles, et al, we withdraw our opinion, reported at 466 F.2d 531, and issue the following opinion.…
This matter has come on to be considered upon the application of the National Labor Relations Board for summary entry of a judgment against respondents enforcing its order dated August 17, 1972.…
Plaintiff-appellant appeals from a verdict for the defendants-appellees in a products liability trial.…
Kissell Co. v. Farley Page 8504
483 F.2d 1406 Kissell Co.v.Farley 72-1359 UNITED STATES COURT OF APPEALS Seventh Circuit 8/2/73 1 S.D.Ind.…
United States v. Gooch Page 8506
483 F.2d 1406 U. S.v.Gooch 73-1098 UNITED STATES COURT OF APPEALS Seventh Circuit 8/2/73 1 N.D.Ill.…
United States v. Article of Drug Page 8507
Defendant appeals from an order condemning his property, a shipment of a prescription drug,1 under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.…
482 F.2d 564 Ann OWENS, Administratrix of the Estate of Maynard S.…
Friends of the Earth v. Armstrong Page 8513
These suits were commenced in the United States District Court for the District of Columbia, and transferred to the District of Utah.…
United States v. Ellsworth William White Page 8514
Appealing from his conviction of bank robbery in violation of 18 U.S.C.A.…
Edward Eugene Brown v. United States Page 8515
483 F.2d 116 Edward Eugene BROWN, Appellant,v.UNITED STATES of America, Appellee.…
Rhode Island Hospital National Bank sued Swartz, Bresenoff, Yavner & Jacobs, a firm of certified public accountants, each of the partners of the firm and the estate of a deceased partner, alleging, inter alia, that the accountants had negligently audited the financial statements of International Trading Corp. and…
United States v. Thurman Artis Porter Page 8521
Defendant Porter was convicted of (1) possessing nonregistered distilling apparatus, (2) carrying on the business of distilling, and (3) possessing non-tax paid distilled spirits in violation of §§ 5601(a)(1), 1 5601(a)(4) 2 and 5604(a) (l).…
Petitioner, Farah Manufacturing Company, Inc. (Farah), seeks review of the order of the National Labor Relations Board, entered on March 23, 1973, in Case Nos. 28-CA-2036, 2054, 2089, 2097, 2109, 2126, 2137, 2152, and 2210 (202 NLRB No. 99).…
Cleo Darlene Clark v. United States Page 8525
This is an appeal by plaintiff Clark from an order of the District Court dismissing her complaint for lack of subject matter jurisdiction.…
Wendell Raiford v. United States Page 8529
OPINION Before HAMLIN, KOELSCH and ELY, Circuit Judges.…
United States v. Gary Donald Miner Page 8531
484 F.2d 1075 UNITED STATES of America, Plaintiff-Appellee,v.Gary Donald MINER, Defendant-Appellant.…
Plaintiffs, 178 physicians who treat diabetes and one diabetes patient who use oral hypoglycemic agents to control the disease by lowering the blood sugar level, brought suit to enjoin the defendants Secretary of Health, Education and Welfare and the Commissioner of the Food and Drug Administration (FDA) from…
Helen Mascuilli, Administratrix of the Estate of Albert Mascuilli, Deceased v. United States Page 8534
OPINION OF THE COURT The instant appeal arises out of the death of a longshoreman on May 1, 1959 while employed on the USNS Marine Fiddler in the Port of Philadelphia.…
United States v. Samuel W. Harris Page 8535
OPINION OF THE COURT Appellant stands convicted of possession of a controlled substance, cocaine residue, in violation of 21 U.S.C.…
This is a proceeding under § 313(b) of the Federal Power Act, 16 U.S.C.…
Trimble was convicted of rape in the Georgia State Court.…
This appeal presents primarily the question whether under the Michigan Building Contract Fund Act of 1931, M.…
Petitioner seeks reversal of the District Court’s denial of the writ of habeas corpus.…
Defendant-appellant, Robert E. Lee, seeks reversal of an order for permanent injunction entered against him.…
United States v. Lorraine L. Lowe Page 8542
On July 7, 1972 the federal grand jury in Detroit, Michigan returned a three-count indictment against Lorraine L.…
Plaintiff, National Emblem Insurance Co., appeals the dismissal of its declaratory judgment action.…
We consider an appeal from a judgment of the District Court for the Northern District of Ohio, Western Division, 350 F.Supp. 60, finding that Ap-pellee, Libbey-Owens-Ford Company (LOF), had not breached a “favored nations” clause in its patent license agreement with Appellant, Shatterproof Glass Corporation…
Hardin v. United States Page 8546
481 F.2d 1407 Hardinv.U. S. 73-1058 UNITED STATES COURT OF APPEALS Seventh Circuit 7/31/73 1 S.D.Ind.…
United States v. Gary R. McDaniel Page 8547
We have for consideration the government’s appeals from judgments entered after an evidentiary hearing held on remand as directed by this court on defendant’s appeals from his convictions.…
The United States v. Leroy McCaskill Page 8548
Leroy McCaskill appeals from a judgment of conviction on two counts of distributing a controlled substance (heroin) in violation of 21 U.S.C.…
National Labor Relations Board v. Bell Manufacturing Division, Di Giorgio Leisure Products, Inc. Page 8550
The Board seeks enforcement of its order which was based on findings that the respondent company had violated Section 8(a)(1) of the Act.…
Mary I. Boettger, Administratrix of the Estate of Clarence Stensrude, Jr., Deceased v. Dave Moore Page 8551
The administratrix of a decedent’s estate sued two police officers, the chief of police, the mayor, and eight city councilmen of Havre, Montana, for damages under 42 U.S.C.…
In this suit against the District of Columbia, the Firemens’ Fund Insurance Co. successfully challenged the validity of two insurance regulations adopted by the District of Columbia Council.…
On March 7, 1972, the H. K. Porter Company (Porter) mailed tender offers to the stockholders of Nicholson File Company (Nicholson), obligating itself to buy 437,000 shares of Nicholson common stock at $42 per share by April 4, 1972, or any extension of that date.…
Alice Love v. Decarlo Homes, Inc. Page 8559
This is an appeal from a summary judgment rendered against plaintiffs.…
Bray v. Yellow Freight System, Inc. Page 8564
This is a diversity action brought by Bray against Yellow Freight System, Inc.,1 and William G.…
This diversity case is here for the second time.…
We are called upon, once again, to wrestle with the tangled web that is the Internal Revenue Code and decipher the often intricate and ingenious strategies devised by taxpayers to minimize their tax burdens.…
In Woodhous v. Virginia, Mem.Dec. No. 15,075 (4th Cir., July 7, 1971), we vacated an order dismissing Woodhous’ complaint and remanded the case for an evidentiary hearing to determine whether Woodhous, a prisoner, was being subjected to cruel and unusual punishment because the state was not adequately protecting him…
Robert L. Dixon v. Penn Central Company Page 8575
481 F.2d 833 Robert L. DIXON, Plaintiff-Appellant,v.PENN CENTRAL COMPANY, Defendant-Appellee.…
Comey v. Atomic Energy Commission Page 8576
481 F.2d 1407 3 Envtl. L. Rep. 20,745 Comeyv.Atomic Energy Commission 73-1258, 73-1358 UNITED STATES COURT OF APPEALS Seventh Circuit 7/27/73 1 N.D.Ill.…
Literature, Inc. v. Robert H. Quinn Page 8581
On February 1, 1973, appellants, the owner and employees of two bookstores in Boston, brought this suit seeking to enjoin enforcement of c.…
Beatrice J. Reilly and the Foursome Inn Corp. appeal from a decision of Chief Judge Mishler of the Eastern District of New York dismissing plaintiffs’ complaint under 42 U.S.C.…
OPINION OF THE COURT. This action was commenced in the district court by a complaint filed on behalf of Melvin Hiller, a New York resident, and Philip Stoller, 1 which alleged that the Pennsylvania appellees, Joseph Segel and The Franklin Mint, Inc., 2 breached an oral contract to pay Hiller a finder’s fee.…
This is a diversity case tried under Virginia law brought by Mayhew, Incorporated against Blake Construction Company.…
United States v. Brian Paul Sanchez Page 8590
Sanchez appeals from his conviction on a jury verdict of guilty, of assaulting, resisting, opposing, impeding and interfering with federal officers while in performance of their official duties, in violation of 18 U.S.C.…
David McChesney seeks a writ of habeas corpus from a conviction on his plea of guilty in a Louisiana state court to a charge of armed robbery.…
Depietto v. United States Page 8593
481 F.2d 1407 DePiettov.U. S. 72-1997 UNITED STATES COURT OF APPEALS Seventh Circuit 7/26/73 1 N.D.Ill.…
Thomas W. Milligan was a defendant in a divorce action brought by Laurie Ann Milligan in the Minnesota courts.…
The question presented on this appeal is whether or not “boot”, in the form of a promissory note, received in connection with a corporate consolidation and reorganization is taxable as an ordinary dividend under 26 U.S.C.…
In February, 1967, appellant applied to the Secretary of the Treasury for a license to send a check for $2,000 to the Canadian Friends Service Committee, a relief organization headquartered in Toronto.…
Dahlgrin G. Lowe brought this action for personal injuries against defendant-employer Robert W.…
Gardner and Eagen brought this civil rights action for damages under 42 U.S. C.A.…
United States v. Burton R. Signer Page 8607
Signer, a Cincinnati attorney and building and loan association executive, was charged in a two-count indictment with attempted income tax evasion and with making and signing a false income tax return, in violation of 26 U.S.C.…
Daddano v. United States Page 8609
481 F.2d 1407 Daddanov.U. S. 73-1444 UNITED STATES COURT OF APPEALS Seventh Circuit 7/25/73 1 N.D.Ill.…
United States v. Ronald Paul Brown Page 8613
This is a timely appeal by the Government from final order dated September 25, 1972, 1 dismissing an indictment against the defendant Brown charging him with bail jumping in violation of 18 U.S.C.…
United States v. Marie Fultz Page 8614
The matter before us involves the interpretation of the probation statutes 1 and the couyt rules 2 governing the grant of probation.…
Paul and Marjorie Howarth, appellants, sustained damages to their home and business property (Rexall Drug Store) as a result of a freight train explosion on the Kansas City Southern Railway at Noel, Missouri, on August 3, 1969.…
This diversity suit for personal injuries is brought against Meade-Johnson Laboratories, Inc., the plaintiff claiming that the pharmaceutical company is liable for deformities of his Mongoloid twin daughters.…
E. C. Ernst, Inc. v. General Motors Corporation and the Whiting-Turner Contracting Company Page 8622
The question is whether summary judgment should have been granted below against an electrical subcontractor 1 in an action seeking damages for breach of contract against the general contractor 2 and the owner.…
United States v. Joseph John Fournier Page 8623
On August 26, 1971, Appellant Four-nier pleaded guilty to a charge of knowingly transporting a weapon in interstate commerce in violation of 18 U.S.C.…
Frankie V. Joseph, a prisoner of the State of Louisiana, filed a Civil Rights 1 complaint seeking monetary damages from the director of state correctional institutions and several prison officials, for alleged mistreatment because he is an “Islam Muslim.” The district court granted leave to file the complaint in forma…
The United States appeals from a directed jury verdict for the taxpayer in a civil income tax refund suit.…
This case is before us on petition by the Board for enforcement of its order of June 5, 1972, reported at 197 NLRB No. 47.…
United States v. John J. Marra Page 8631
John J. Marra, M.D., was charged in a two-count indictment with violation of Title 26 U.S.C.…
United States v. Foster Page 8632
481 F.2d 1407 U. S.v.Foster 72-1596 UNITED STATES COURT OF APPEALS Seventh Circuit 7/24/73 1 N.D.Ill.…
Thatcher v. Coca-Cola Page 8633
481 F.2d 1407 Thatcherv.Coca-Cola 72-1785 UNITED STATES COURT OF APPEALS Seventh Circuit 7/24/73 1 S.D.Ill.…
Jennings v. Bensinger Page 8634
481 F.2d 1407 Jenningsv.Bensinger 72-1789 UNITED STATES COURT OF APPEALS Seventh Circuit 7/24/73 1 E.D.Ill.…
Lego v. Ogilvie Page 8635
481 F.2d 1407 Legov.Ogilvie 72-2018 UNITED STATES COURT OF APPEALS Seventh Circuit 7/24/73 1 N.D.Ill.…
481 F.2d 1407 U. S.v.One 1969 Buick Convertible 73-1107 UNITED STATES COURT OF APPEALS Seventh Circuit 7/24/73 1 N.D.Ill.…
This appeal from a decision of the tax court while involving a narrow issue is not without broader significance because of underlying implications bearing on the scope of judicial review of statutes, particularly the Internal Revenue Code.…
United States v. Ernest Henry Matousek Page 8640
The defendant Ernest Henry Matou-sek was indicted and convicted in a jury trial in the District of Minnesota 1 for the theft of an automobile moving in interstate shipment in violation of 18 U.…
United States v. Dennis J. Dziedzic Page 8643
OPINION The order appealed from is affirmed.…
OPINION Appellee The Robbins Company (hereafter Robbins) brought suit against appellant Lawrence Manufacturing Company (hereafter Lawrence), a competitor in the field of tunnel boring machines, for infringement of Robbins’ Patent No. 3,216,513.…
This is a petition to review a cease and desist order issued by the Federal Trade Commission against Sunshine Art Studios, Inc. (Sunshine), Junior Sales Club of America, Inc. (J.S.C.), Sales Leadership Club, Inc. (S.L.C.), Guardian Collection Agency, Inc. (Guardian), and Ryland E.…
Labor problems between Overland Hauling Company and Teamsters Local 385 are not new to this court.…
United States v. Calvin Hill Page 8651
Defendant Calvin Hill was found guilty by a jury of distributing heroin in violation of 21 U.S.C.…
United States v. John Frank Fallings Page 8652
John Frank Fallings was convicted on two counts of distributing narcotics in violation of 21 U.S.C.A.…
Terry Eugene Savage v. United States Page 8653
This is an appeal from the denial of a motion to vacate judgment and sentence, filed pursuant to the provisions of 28 U.S.C.…
481 F.2d 1271 73-2 USTC P 9573 DU GRO FROZEN FOODS, INC., et al., Plaintiffs-Appellants,v.UNITED STATES of America, Defendant-Appellee.…
Epstein v. State of Illinois Page 8656
481 F.2d 1407 Epsteinv.State of Illinois 72-1206 UNITED STATES COURT OF APPEALS Seventh Circuit 7/23/73 1 E.D.Ill.…
United States v. Donaldson Page 8657
481 F.2d 1407 U. S.v.Donaldson 72-2013 UNITED STATES COURT OF APPEALS Seventh Circuit 7/23/73 1 N.D.Ill.…
United States v. Mark Lawrence Alter Page 8660
OPINION Before MERRILL, HUFSTEDLER, and GOODWIN, Circuit Judges.…
481 F.2d 1281 Jesse Lee GRIFFIN, Plaintiff-Appellant,v.CALIFORNIA ADULT AUTHORITY, L.…
481 F.2d 1281 Charles G. M'CLARY, Petitioner-Appellant,v.CALIFORNIA ADULT AUTHORITY, CALIFORNIA DEPARTMENT OFCORRECTIONS, Respondent-Appellee.…
Everett Tucker v. Park J. Anderson, Warden, Oklahoma State Penitentiary, McAlester Oklahoma Page 8664
Appellant, Tucker, appeals from the dismissal of his petition for a Writ of Habeas Corpus by the United States District Court for the Northern District of Oklahoma.…
Appellant, Mario Pistolesi (plaintiff below), brought this diversity action to recover damages for personal injuries allegedly suffered in a traffic accident.…
479 F.2d 1048 83 L.R.R.M. (BNA) 2961, 72 Lab.Cas.…
Lee v. Macon County Board of Education Page 8671
The claim underlying this appeal was in the form of a wide ranging attack directed to alleged deficiencies on the part of the Conecuh County School Board in complying with the final desegregation order theretofore entered with respect to the school system.…
In the 1971 case of Blonder-Tongue Laboratories v. University of Illinois Foundation, 402 U.S. 313, 91 S.Ct.…
481 F.2d 1407 Carlsonv.Fidelity and Casualty Company of New York 72-1372 UNITED STATES COURT OF APPEALS Seventh Circuit 7/20/73 1 N.D.Ill.…
Waters v. Navajo Freight Page 8679
481 F.2d 1407 Watersv.Navajo Freight 72-1479 UNITED STATES COURT OF APPEALS Seventh Circuit 7/20/73 1 N.D.Ill.…
Daniel Knight v. State of Minnesota Page 8684
In this habeas corpus action Knight challenges the validity of state conviction and sentence on a charge of theft by check of an amount in excess of $100.00.…
The taxpayer, Georgiana G. Nordquist, 1 appeals from an adverse decision of the Tax Court.…
Joseph Anthony Meeks challenged by way of habeas corpus in the district court two California convictions.…
United States v. Patrick Henry Earley Page 8689
On October 15, 1971, a 12-count indictment was returned in the United States District Court for the District of Kansas against Patrick Henry Earley and Wayne E.…
Petitioners Green and Hopkins are before us seeking leave to proceed on appeal in forma pauperis.…
This case is before the court on the application of the National Labor Relations Board for enforcement of its order, issued on January 28, 1972, against the Quality Manufacturing Company (hereinafter “Quality” or “the Company”).…
480 F.2d 921 83 L.R.R.M. (BNA) 3068, 71 Lab.Cas.…
This is an appeal from a judgment of the District Court finding that appellant, Ralston Purina Company, was not entitled to damages for an alleged breach of contract by appellee, United Rice Milling Products Company, Inc. We hold that the District Court did not err in finding (1) that the contracts being sued upon did…
United States v. Earnest Johnson Page 8699
Earnest Johnson appeals from his conviction for the distribution of heroin, 21 U.S.C.…
United States v. William Cullen Secoy Page 8704
Appellant was indicted in October 1971 on two counts of violating Title 50, U.S.C.A.…
Nlrb v. Lube Devices, Inc Page 8705
481 F.2d 1407 84 L.R.R.M. (BNA) 2396, 75 Lab.Cas.…
Yale Simons v. United States Page 8707
OPINION
Marvin Spencer Johnson v. United States Page 8710
Appellant filed a motion in the district court pursuant to 28 U.S.C.…
Appellants, defendants below, appeal from an order of the United States District Court for the Western District of Oklahoma, permanently enjoining the defendants from continuing with court-martial proceedings against appellee.…
Eric Walgren v. Merle Howes Page 8714
Appellants Walgren, Gluseo and Sherman, 1 proceeding in forma pauperis *97 and pro se, appeal from an order of the district court dismissing their complaint against appellees, the members of the Board of Selectmen of the Town of Amherst, for alleged violation of, principally, the First, Fourteenth, and Twenty-Sixth…
This is a petition by employer Barrus Construction Company challenging the National Labor Relations Board’s long established procedure of consolidating for a single hearing objections to a representation election and charges of unfair labor practices.…
Roanoke Industrial Loan & Thrift Corporation appeals from an order of the district court which denied its.petition to stay the discharge in bankruptcy of Mrs. Christine J.…
United States v. James Edward Newkirk Page 8718
James Edward Newkirk appeals from a judgment entered on his conviction for robbing a federally insured bank by intimidation and putting a life in jeopardy during the robbery, in violation of 18 U.S.C.…
Annie C. Gornto v. Ellis C. MacDougall Commissioner of the Department of Offender Rehabilitation Page 8720
The opinion of this court in the within appeal from the denial of habeas corpus relief to appellant from her state sentence was issued on June 27, 1973.…
BY THE COURT: This appeal pertains to a student assignment plan ordered for the schools administered by the Jefferson County Board of Education.…
This appeal was heard by a panel of the Court on February 12, 1973 and affirmed with a per curiam opinion filed on March 29, 1973.…
United States v. Edward Williams Page 8728
Williams was convicted on four counts of possession of heroin, in violation of 21 U.S.C.…
Appellant, Secretary of Health, Education and Welfare, appeals from the grant of full Social Security disability benefits by the United States District Court for the Western District of Michigan, Southern Division.…
Arthur F. Smith, Jr. v. Max Ross Page 8730
Appellants brought this action for damages under 42 U.S.C.…
United States v. James B. Forrest Page 8736
Appellant and four companions were jointly indicted on one count each of carnal knowledge.1 Following a three-day jury trial alone, appellant was found guilty, and later was sentenced to five to fifteen years imprisonment.2 This court reversed the District Court’s denial of appellant’s request for release pending…
483 F.2d 540 Fed. Sec. L. Rep. P 94,069REPUBLIC TECHNOLOGY FUND, INC., Plaintiff-Appellant,v.The LIONEL CORPORATION, Defendant-Appellee.v.The NEW ENGLAND INDUSTRIES, INC., Plaintiff-Appellant,v.The LIONEL CORPORATION, Defendant-Appellee.…
This appeal is from decisions of the Tax Court, Leo H.…
In this consolidated appeal from the denial of federal habeas corpus relief, the petitioners (all three of whom were convicted in a Florida court on a charge of rape) contend that the decision was wrong for these reasons: (i) a car belonging to petitioner Smalley was illegally searched without a warrant or his consent…
United States v. Ervin L. Abercrombie Page 8742
On April 21, 1972, three black men entered the Western Branch of the First National Bank of Montgomery, Alabama, and stood in front of the teller’s window which was occupied by Mrs. Nelma Ausley.…
United States v. William Alex Roberts Page 8743
William Alex Roberts was convicted of a robbery of a federally insured bank in violation of 18 U.S.C.…
Appellant appeals from the denial of a petition for writ of habeas corpus in the United States District Court for the Southern District of Ohio.…
Joel Farris Olds v. William S. Neil, Warden, Tennessee State Penitentiary, Nashville, Tennessee Page 8748
Joel Farris Olds, petitioner-appellant, appeals from an order of the United States District Court, for the Western District of Tennessee, denying his petition for a writ of habeas corpus.…
Petitioners (joint taxpayers) seek review of the decision of the United States Tax Court, reported at 58 T.C.…
The question presented is whether employees have a statutory “right to representation” at fact-finding interviews conducted by management during an in*843vestigation of suspected theft of company property.…
Appellants, forty-six women employees of Libbey-Owens-Ford Company (LOF) at Ottawa, Illinois, filed this sex discrimination class action under the Civil Rights Act of 1964 1 against LOF, the United Glass and Ceramic Workers of North America, AFL-CIO-CLC (International Union) and Local 19, United Glass and Ceramic…
United States v. Hundley Page 8752
481 F.2d 1406 U. S.v.Hundley 72-1398 UNITED STATES COURT OF APPEALS Seventh Circuit 7/17/73 1 N.D.Ill.…
Simons v. Scott Page 8753
481 F.2d 1406 Simonsv.Scott 72-1515 UNITED STATES COURT OF APPEALS Seventh Circuit 7/17/73 1 N.D.Ill.…
Leas v. Sherer Page 8754
481 F.2d 1406 Leasv.Sherer 72-1615 UNITED STATES COURT OF APPEALS Seventh Circuit 7/17/73 1 S.D.Ind.…
Richards Co. v. Nlrb Page 8755
481 F.2d 1407 85 L.R.R.M. (BNA) 2187, 75 Lab.Cas.…
Parido v. United States Page 8756
481 F.2d 1407 Paridov.U. S. 73-1006 UNITED STATES COURT OF APPEALS Seventh Circuit 7/17/73 1 S.D.Ind.…
United States v. Benjamin Allen Branch Page 8758
Branch appeals his conviction for possession of marihuana in violation of 21 U.S.C.…
481 F.2d 206 UNITED STATES of America, Appellee,v.ONE REEL OF FILM.GERARD DAMIANO PRODUCTIONS, INC., Claimant-Appellant.…
United States v. Norman F. Lefevre Page 8761
OPINION OF THE COURT The defendant was convicted by a jury on seven counts of willfully preparing false and fraudulent income tax returns.…
James Thomas Clark appeals from his conviction of unlawful distribution of .47 grams of heroin hydrochloride, in violation of 21 U.S.C.…
United States v. Bobby Milton McFarland Page 8765
Bobby Milton McFarland appeals from his conviction for the unlawful distribution of 1.54 grams of heroin hydrochloride, in violation of 21 U.S.C.…
United States v. Charlie Thomas Dodson Page 8766
Charlie Thomas Dodson was indicted in one count of a four count indictment which charged that he and another, aided and abetted by each other, did unlawfully distribute about 3.46 grams of heroin hydrochloride, a schedule I narcotic drug controlled substance in violation of Title 21, United States Code, Section 841(a)…
United States v. Guido Page 8767
481 F.2d 1406 U. S.v.Guido 72-1782 UNITED STATES COURT OF APPEALS Seventh Circuit 7/16/73 1 N.D.Ill.…
United States v. James F. Kraase Page 8768
James Frank Kraase stands convicted by a jury of selling a .25 caliber automatic pistol to Special Investigator Edward M.…
United States v. Silvester Sam Jackson Page 8770
Silvester Sam Jackson, defendant-appellant, and Nicholas Romak, were indicted for violating the Dyer Act: possession of a 1970 Peterbilt truck which had been stolen in Cape Girardeau, Missouri and later found in Orland Park, Illinois.…
United States v. Charles Vernon Miles Page 8773
OPINION This is an appeal of a conviction under 26 U.S.C.…
483 F.2d 136 27 A.L.R.Fed. 93 Dewey HART, Appellant,v.Ira M.…
Appellant Wood was sentenced by a South Carolina state court to concurrent terms of five years’ imprisonment on his pleas' of guilty to two counts of making obscene telephone calls in violation of S.C.Code Ann.…
This is an appeal from a judgment on a jury verdict in federal district court awarding Frank Casale damages against Dooner Laboratories, Inc., for fraudulent misrepresentation and libel.…
United States v. Nolan Ray Williamson Page 8790
Nolan Ray Williamson was convicted of unlawful distribution of amphetamine capsules in violation of 21 U.S.C.…
Larry Henry v. Burton Cagle Page 8794
Appellant Henry appeals from a judgment non obstante veredicto entered by a District Judge in the United States District Court for the Eastern District of Tennessee, Southern Division.…
Pauline Nenoff v. George M. Thompson Page 8795
This is an action brought by appellant, the widow of a man who was killed while a passenger in defendant’s car when it went out of control at an exit ramp of an expressway in Toledo, Ohio.…
481 F.2d 1406 Radiov.Television Broadcast Engineers v. Century Broadcasting 72-1598 UNITED STATES COURT OF APPEALS Seventh Circuit 7/13/73 1 N.D.Ill.…
United States v. Quinn Page 8798
481 F.2d 1406 U. S.v.Quinn 73-1274 UNITED STATES COURT OF APPEALS Seventh Circuit 7/13/73 E.D.Wis., 349 F.Supp. 232 AFFIRMED
United States v. Lazy Fc Ranch Page 8799
The United States brought suit against the Lazy FC Ranch and four of its partners (the Ranch) under the False Claims Act, 31 U.S.C.…
United States v. Peter Erlenborn Page 8801
OPINION Before DUNIWAY and WRIGHT, Circuit Judges, and SMITH * , District Judge.…
481 F.2d 70 TEXACO INC., a corporation, Plaintiff-Appellant,v.PHILLIPS PETROLEUM COMPANY, a corporation, Defendant-Appellee.…
United States v. Tyrone R. Toy Page 8806
The appeal is from convictions of appellant by a jury on three counts of armed robbery, 22 D.C.Code §§ 2901 and 3202 (Supp. V, 1972), and four counts of assault with a dangerous weapon, 22 D.…
United States v. Gary L. Alston Page 8807
Appellant was tried and convicted by a jury of armed robbery (22 D.C.Code §§ 2901 and 3202), assault with intent to commit robbery while armed (22 D.C.…
United States v. Thomas Henry Marra Page 8808
This appeal raises the perplexing question of what procedure must be followed by a trial judge before holding a witness in contempt for refusal to obey an order directing the witness to testify after immunity has been granted.…
Hart v. United Steelworkers of America Page 8809
OPINION OF THE COURT In this action two members of the United Steelworkers of America, alleging that the Union violated the Age Discrimination in Employment Act of 1967, 29 U.S.C.…
On March 30, 1971, the Board of County Commissioners of Dade County, Florida adopted an ordinance amending its Municipal Code by adding Section 24-44.1 That ordinance, as now modified, required that every product within the definition 2 of detergent or synthetic detergent must bear a label showing the ingredients of…
The United States, owner of the Naval Live Oak Reservation, a 1,377 acre tract of land located in Santa Rosa County, Florida, brought suit in federal district court to quiet title and obtain a declaratory decree as to the tract.…
United States v. James Bobby Impson Page 8814
This is an appeal from a conviction for possession of counterfeit currency in violation of 18 U.S.C.A.…
481 F.2d 1402 *S & J Mobile Home Sales, Inc.v.James Talcott, Inc. 73-1584 UNITED STATES COURT OF APPEALS Fifth Circuit July 12, 1973 M.D.Fla., 360 F.Supp. 1332 1 --------------- * Summary Calendar cases; Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of
The plaintiff, Detroit Local Executive Board, filed this action under § 301 of the Labor Management Relations Act, 29 U.S.C.…
Section 337 1 of the Internal Revenue Code of 1954, as amended, has been judicially interpreted to provide for nonrecognition of, a capital gain realized by a corporate taxpayer upon receipt of fire insurance proceeds paid after the destruction of property, if both the fire and payment occur within a 12-month period…
Appellant brought this action to recover on a banker’s blanket bond it had secured from appellee insurance company to protect it from a loss by reason of having given value upon “any securities, documents or other written instruments which prove to have been counterfeited or forged as to the signature of any maker .…
Carmi v. Gershon Page 8822
481 F.2d 1406 Carmiv.Gershon 71-1847 UNITED STATES COURT OF APPEALS Seventh Circuit 7/12/73 1 N.D.Ill.…
United States v. Fawcett Page 8823
481 F.2d 1406 U. S.v.Fawcett 72-1332, 72-1333 UNITED STATES COURT OF APPEALS Seventh Circuit 7/12/73 1 S.D.Ind.…
United States v. Wolcoff Page 8824
481 F.2d 1406 U. S.v.Wolcoff 72-1707 UNITED STATES COURT OF APPEALS Seventh Circuit 7/12/73 1 N.D.Ill.…
ORDER Before HAMLIN, MERRILL and By order of the Supreme Court, Merle R.…
The Federal Deposit Insurance Corporation (FDIC) appeals from an order enjoining it from withholding its approval of a bank merger.…
This appeal follows a jury trial and convictions of Abell Holiday, the appellant, on two counts of armed robbery, 1 one count of kidnapping, 2 three counts of assault with a dangerous weapon 3 and one count of carrying a dangerous weapon, 4 all stemming from the robbery of a grocery store in the District of Columbia.…
United States v. Charles H. Carter Page 8836
The appeal is from a conviction of robbery in violation of 22 D.C.Code § 2901 (Supp. V, 1972).…
Appellant was convicted of aiding and abetting in the transfer of a firearm, to wit, a 16-gauge shotgun having a barrel of less than 18 inches in length, in violation of the National Firearms Act [the “Act”], as amended, 26 U.S.C.…
Gloria Velazquez appeals from an order denying her motion to reduce an 18-month sentence imposed by Charles H.…
OPINION OF THE COURT Petitioner Norman B.…
Appellants Olie Duane Jones and Lemuel H.…
Marion Burton v. Charles Goodlett, in His Official Capacity, as Chief of Police of Belle Glade Page 8842
The Municipal Court of Belle Glade, Florida has twice attempted to impose a valid sentence upon Marion Burton, who pleaded guilty to two separate offenses of driving while intoxicated and who also pleaded guilty to bail jumping in connection with those offenses.…
Albert H. Gates, the father of a deceased serviceman, sued the United States and the Prudential Insurance Company of America to recover his statutory share of the proceeds of Serviceman’s Group Life Insurance (SGLI), 38 U.S.C.…
Midland Distributors, Inc. sued the United States for a refund of income taxes following payment under protest of an assessed deficiency.…
United States v. Robert Richard Shultz Page 8850
Shultz seeks a reversal of his conviction on a two count indictment.…
On the warm Sunday afternoon of July 13, 1968, 35 year old Fernando Montes, a citizen of Nebraska, took a running dive off a short dock which served the Appellants’ resort, one of the many enhancing Minnesota’s beautiful lakes.…
Great American Insurance Company v. Fireman's Fund Insurance Company, and Fairfield & Ellis, Inc. Page 8857
Appellant, Fireman’s Fund Insurance Company (Fund) defendant below, seeks reversal of an order entered in the district court granting plaintiff’s motion for summary judgment.…
OPINION OF THE COURT This appeal is from an order of the district court denying Soyka’s petition for a writ of habeas corpus.…
The Travelers Insurance Company, a Corporation v. Blue Cross of Western Pennsylvania, a Corporation Page 8859
OPINION OF THE COURT Travelers Insurance Company appeals from the January 6, 1972, district court order dismissing its complaint against Blue Cross of Western Pennsylvania, which order was entered after a trial to the court, 361 F.Supp. 774.…
National Labor Relations Board (Board) pursuant to Section 10(e) of the National Labor Relations Act, Title 29, U.S.C.…
James Simon appeals from a judgment for defendant Merrill Lynch, Pierce, *882Fenner and Smith, Inc., in a suit for damages resulting from alleged common law fraud and negligence and for nondisclosure violations of the Securities Exchange Act of 1934.…
479 F.2d 1044 Beatrice M. CAWOOD, Plaintiff-Appellant,v.GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY, et al.,Defendants-Appellees.…
479 F.2d 1045 NUCLEAR CORPORATION OF AMERICA, Plaintiff-Appellee,v.Bill G.…
Maryland Casualty v. George Page 8869
481 F.2d 1406 Maryland Casualtyv.George 71-1755 UNITED STATES COURT OF APPEALS Seventh Circuit 7/10/73 1 S.D.Ind.…
Cannon v. Smith Page 8870
481 F.2d 1406 Cannonv.Smith 72-1688 UNITED STATES COURT OF APPEALS Seventh Circuit 7/10/73 1 S.D.Ind.…
United States v. Dilworth Page 8871
481 F.2d 1406 U. S.v.Dilworth 72-2020 UNITED STATES COURT OF APPEALS Seventh Circuit 7/10/73 1 N.D.Ind.…
United States v. Facey Page 8872
481 F.2d 1406 U. S.v.Facey 73-1081 UNITED STATES COURT OF APPEALS Seventh Circuit 7/10/73 1 E.D.Wis.…
481 F.2d 1406 Hyde Park Medical Lab.v.Illinois Dept.…
United States v. MacHi Page 8874
481 F.2d 1406 U. S.v.Machi 73-1357 UNITED STATES COURT OF APPEALS Seventh Circuit 7/10/73 1 E.D.Wis.…
United States v. Gerald Frank Kroll Page 8875
At issue in this case is the validity of a warrantless search of an attache case which the defendant was about to carry aboard a commercial airliner.…
Steven Oubiehon appeals from a judgment of dismissal of a part of his complaint and a summary judgment against the remainder in an action for damages and injunctive relief under Title VII of the Civil Rights Act of 1964, 42 U.S.C.…
United States v. Robert Paul Doran Page 8877
While approaching the boarding area for a United Air Lines flight from Los Angeles to Chicago, Customs Air Security Officers placed appellant under arrest after a search of his small carry-on bag revealed a quantity of narcotics.…
This action arises from a grant of land by the United States to Colorado in 1910 (36 Stat. 269).…
United States v. Phillip Dale Van Scoy Page 8880
Appellant Van Scoy was charged with robbing a national bank in violation of 18 U.S.C.…
Plaintiffs-appellants, members of nine low-income households, on behalf of themselves and others similarly situated, together with the City of New York, Commonwealth of Pennsylvania, and the National Welfare Rights Organization and its affiliates brought this action for *724 declaratory and injunctive relief against…
United States v. Raimundo Huguet Page 8883
After a one-day, non-jury trial in the United States District Court for the Southern District of New York before Marvin E.…
Larry Eugene Bennett appeals from the action of the district court affirming an order of the Referee in Bankruptcy declaring his indebtedness to W.…
Petitioner (the company) has requested this court to review and set aside an order issued by the NLRB.…
This is a direct appeal from a one-count conviction for conspiracy to import and possess marijuana with the intent to distribute it.…
This unusual Mississippi diversity suit for declaratory and injunctive relief and for damages for wrongful death grows out of the death of Travis G.…
United States v. Cleveland Kimbrough Page 8897
On May 18, 1972, a two-count indictment was returned charging the appellant with passing, uttering and publishing two counterfeit Federal Reserve Notes in violation of 18 U.S.C.…
481 F.2d 1401 85 L.R.R.M. (BNA) 2303 *Neuhoff Bros.…
Prather v. Comerarts Publishing Company Page 8904
481 F.2d 1406 179 U.S.P.Q. 452 Pratherv.Comerarts Publishing Company 72-1667, 72-1668 UNITED STATES COURT OF APPEALS Seventh Circuit 7/9/73 1 N.D.Ill.…
United States v. Cozadd Page 8905
481 F.2d 1406 U. S.v.Cozadd 72-1675 UNITED STATES COURT OF APPEALS Seventh Circuit 7/9/73 1 S.D.Ill.…
Ann Barelli v. Charles Levin Page 8906
This is an appeal from an adverse judgment on a statutory triple damage claim for alleged fraud and deceit by an attorney in connection with a contingency fee contract in an Indiana divorce case.…
United States v. Robert Lawrence Atkins Page 8911
The judgment of conviction is affirmed. Defendant’s first point is that the court committed plain error in a supplemental instruction given in response to a request by the jury for classification of one of the issues in the case.…
United States v. William M. Hickok Page 8912
On December 6, 1972, a jury found appellant guilty of four counts of attempting to evade payment of federal income taxes in violation of § 7201 of the Internal Revenue Code of 1954, 26 U.S.C.…
Tipton and Kalmbach, Inc. (taxpayer) appeals from a judgment denying its claim for refund of federal income taxes paid for the fiscal years ending April 30, 1964, 1965 and 1966.…
United States Ex Rel. Daniel Jacobs v. Honorable Robert F. Froehlke, Secretary of the Army Page 8915
Appellant was a member of the United States Army stationed at Fort Buckner in Okinawa.…
Whitted Mosley v. Ogden Marine, Inc. Page 8917
Appellant Mosley, a shore-based worker employed by Bagwell-Neal, Inc., to perform spot painting work on the tanks of the SS OGDEN WILLAMETTE, sustained injuries in a fall while he was working aboard the vessel.…
Hill brought this suit against American Airlines, Inc., alleging racial discrimination in employment practices in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.A.…
Laurel Hill Lumber Company, a Mississippi corporation, appeals from a jury verdict awarding Fred Hale Machinery, a Louisiana corporation, $27,082.62 as the balance owing under a contract to design and supply certain sawmill machinery, and denying Laurel Hill any recovery on its counterclaim for breach of express and…
Alfred E. Grizzell, 010977 v. Louie L. Wainwright, Director, Florida Division of Corrections Page 8922
This appeal challenges the granting of habeas corpus relief pursuant to 28 U.…
Jerome Reagor v. United States Page 8924
Petitioner, Jerome Reagor, was convicted on three counts, including one conspiracy count, of receiving and importing heroin in violation of 21 U.S.C.…
482 F.2d 1012 83 L.R.R.M. (BNA) 2814, 71 Lab.Cas.…
United States v. Joseph Russo Page 8930
Appellant, Joseph Russo, is an osteopathic physician licensed to practice in Michigan.…
481 F.2d 1406 83 L.R.R.M. (BNA) 2957, 71 Lab.Cas.…
Lauchli v. United States Page 8932
481 F.2d 1406 Lauchliv.U. S. 72-1401 UNITED STATES COURT OF APPEALS Seventh Circuit 7/6/73 1 S.D.Ill.…
481 F.2d 1406 U. S.v.Sundry Firearms and Lauchli 72-1433 UNITED STATES COURT OF APPEALS Seventh Circuit 7/6/73 1 S.D.Ill.…
Nlrb v. Laborers International Union Page 8935
481 F.2d 1406 83 L.R.R.M. (BNA) 2988, 75 Lab.Cas.…
United States v. Walker Page 8936
481 F.2d 1406 U. S.v.Walker 72-2014 UNITED STATES COURT OF APPEALS Seventh Circuit 7/6/73 1 N.D.Ill.…
Richard A. Lauchli, Jr. v. United States Page 8937
This appeal stems from our prior opinion in Lauchli v. United States, 432 F.2d 1207 (7th Cir. 1970).…
United States v. Mario Flores-Ramos Page 8938
ORDER RECALLING ORDER The order reversing the case on the authority of Almeida-Sanchez v. United States, -U.S. -, 93 S.Ct.…
Arthur Silva v. James T. Lynn Page 8941
This is our second look at a controversy surrounding a housing project undertaken by a private developer with assistance from the Department of Housing and Urban Development (HUD).…
Salvatore Anthony Ferraioli appeals from his conviction under 50 U.S.C.…
Petitioner, MPC Restaurant Corp. and Hardwicke’s Plum Ltd., a joint venture, doing business as “Maxwell’s Plum,” a restaurant in New York City, has filed a petition to review and set aside a.…
This appeal arises from the bankruptcy proceeding of Joseph Kanner Hat Co., Inc. (the company) in the District Court for Connecticut.…
United States v. Dennis Drummond Page 8946
This is an appeal from a judgment of the United States District Court for the Eastern District of New York finding the defendant guilty of conspiracy to possess and distribute heroin in violation of 21 U.S.C.…
In this case the National Labor Relations Board petitions the court to enforce a Gissel-type bargaining order against respondent, Orlando Paper Co., Inc. In the order the Board adopted the comprehensive decision of the Trial Examiner, which had found (1) that the Union, Teamsters Local No. 385, had achieved a valid…
Jack M. Cole, Plaintiff-Appellant-Cross v. Gustavo G. Benavides, Defendants-Appellees-Cross Page 8950
Appellant Cole sued Gustavo Benavides, Vicente Garza, Roy Gatling, and a corporation, R.…
The Government’s evidence showed that Clark, Ellis, Burney, and Buford robbed a federally insured bank in Conyers, Georgia on August 31, 1972.…
Northside Iron and Metal Company, Inc. v. Dobson and Johnson, Inc., and the Third National Bank Page 8953
The district court dismissed, on authority of the bank venue statute, 12 U.S.C.A.…
This appeal tests the corectness of the administrative determination that claimant was not disabled on December 31, 1962, when his insured status under the disability provisions of the Social Security Act expired.…
Gerald Eaton v. Walter Capps, Warden Page 8955
Following the decisions of the Supreme Court of the United States in Fur-man v. Georgia, 1972, 408 U.S. 238, 92 S.…
United States v. Charlie F. Parker Page 8956
The appellant sought to withdraw his plea of guilty to one count of a six count indictment charging Securities Fraud, Mail Fraud, and Conspiracy.…
Sonesta International Hotels Corporation brought this action in the district court seeking specific performance or, in the alternative, damages for the breach of a letter of intent entered into by it and Colony Square Company, a real estate developer, to cooperate in the development of a hotel to be constructed by…
United States v. Sians Page 8960
481 F.2d 1406 U. S.v.Sians 71-1346 UNITED STATES COURT OF APPEALS Seventh Circuit 7/5/73 1 N.D.Ill.…
United States v. Steskal Page 8961
481 F.2d 1406 U. S.v.Steskal 72-1291 UNITED STATES COURT OF APPEALS Seventh Circuit 7/5/73 1 S.D.Ill.…
United States v. Richardson Page 8962
481 F.2d 1406 U. S.v.Richardson 72-1763 UNITED STATES COURT OF APPEALS Seventh Circuit 7/5/73 1 N.D.Ill.…
The petitioner seeks review of a final deportation order of the Board of Immigration Appeals.…
United States v. Bobby Eugene Harden Page 8964
Defendant’s appeal from a jury conviction upon the charges of bank robbery (18 U.S.C.…
William R. Holloway v. Charles L. Wolff, Jr., Warden, Nebraska Penal and Correctional Complex Page 8965
William R. Holloway was convicted and sentenced to ten years imprisonment.…
United States v. Eugene W. Thompson Page 8968
Appellant, convicted in a jury trial of conspiring to distribute and of distributing narcotics, claims that he established his defense of entrapment as a matter of law and was entitled to a judgment of acquittal.…
Fed. Sec. L. Rep. P 94,041 Sonesta International Hotels Corporation v. Wellington Associates Page 8969
Sonesta International Hotels Corp. (“Sonesta”) appeals from the denial of a preliminary injunction sought against Wellington Associates, the latter’s partners Sol Goldman and Alex DiLorenzo, and all persons acting on their behalf (herein collectively referred to as “Wellington”), to enjoin Wellington, during the…
United States v. Robert Jones, Jr. Page 8970
Robert Jones, Jr., appeals from a judgment of conviction in the United States District Court for the Southern District of New York after a trial before Marvin E.…
We see no error in the district court’s dismissal of taxpayer’s suit for a refund of taxes.…
United States v. Eliseo Espinoza, Jr. Page 8980
This appeal presents the question of whether a sentencing judge, after announcing a rather long sentence, can refuse to permit a defendant to rebut *554 factually the reasons stated orally by the judge for the sentence when defendant claims that the reasons are factually erroneous.…
United States v. Rodell Jerry Brooks Page 8982
On this appeal, the appellant presents the following contentions for our review: (1) evidence was presented at trial from which the jury could infer that appellant was a state prisoner; (2) the trial court committed error by refusing appellant’s motion to disclose the notes and records of certain Government interviews…
Joseph F. Elward v. United States Page 8984
The sole issue on this appeal is whether, during the years 1961 through 1965, taxpayer Joseph Elward qualified as a “head of a household” as defined in Section 1(b)(2), 26 U.S.C.…
United States v. Walter Martin, Jr. Page 8985
Walter Martin, Jr., was convicted on two counts of knowingly and intentionally distributing heroin on August 8, 1972, and August 10, 1972, in violation of 21 U.S.C.…
United States v. Edwin H. Fritz Page 8987
Appellant, Edwin H. Fritz, a certified public accountant, was convicted on two counts of violation of 26 U.S.C.…
United States v. Anthony A. Riley Page 8991
On November 23, 1971, appellant pled guilty to armed robbery and attempted armed robbery, arising out of two separate incidents at the same dry cleaning establishment.…
United States v. Michael Newman Page 8992
This appeal is from a judgment of conviction on a jury verdict of guilty on *223 charges of possessing counterfeit currency, 18 U.S.C.…
Alpine Pharmacy, Inc., an Illinois Corporation v. Chas. Pfizer & Co., Inc., and Cotler Drugs, Inc. Page 8993
This is the latest, but we fear not the final, chapter in the ongoing saga of the antibiotic multidistrict antitrust litigation.…
This is an appeal from a final judgment in condemnation awarding $360,000 to a landowner, Georgia Vitrified Brick and Clay Company, for the taking of approximately forty-four acres of land underlain by extensive deposits of phyllitic clay, an important raw material in the landowner’s manufacture of sewer pipe, tile…
This suit was brought by the administrator of the estates of two men who died when their shrimp vessel was lost in a fierce storm which struck the Galveston area in 1969.…
Jenkins v. Meyers Page 9010
481 F.2d 1406 Jenkinsv.Meyers 72-1299 UNITED STATES COURT OF APPEALS Seventh Circuit 7/2/73 N.D.Ill., 338 F.Supp. 383 AFFIRMED
United States v. Edwards Page 9012
481 F.2d 1406 U. S.v.Edwards 73-1023 UNITED STATES COURT OF APPEALS Seventh Circuit 7/2/73 1 E.D.Ill.…
Gettleman v. C.I.R Page 9013
481 F.2d 1406 Gettlemanv.C.I.R. 73-1145 UNITED STATES COURT OF APPEALS Seventh Circuit 7/2/73 1 N.D.Ill.…
United States v. Cahill Grain Company Page 9014
This appeal questions whether the purchaser of personal property covered by a security agreement to secure loans made by the Farmers Home Administration takes the risk that the mortgagor has complied with the requirements established by regulation to obtain the release of the property from the agreement.…
This action was brought under the Federal Tort Claims Act, 28 U.S.C.…
Downen v. Warner Page 9017
OPINION Gail Waugh Downen served as a regular officer in the United States Marine *643Corps until her marriage to Robert Downen.…
United States v. Peggy Ann Carter Page 9018
Peggy Carter appeals from her conviction for importing both heroin and cocaine [violations of 21 U.S.C.…
Wichita Eagle & Beacon Publishing Co., Inc. petitions this court, pursuant to 29 U.S.C.…
This is an appeal from the United States Tax Court.…
United States v. Stephen William Jerrold Page 9022
Defendant appeals from conviction under 50 U.S.C.…
Plaintiffs, members of The Ad Hoc Parents’ Committee for Quality Education, alleging violations of their first amendment and equal protection rights, initiated this action under 42 U.S.C.…
Herzog Miniature Lamp Works, Inc. (“taxpayer”) petitions for a review of a decision of the Tax Court of the United States, 31 TCM 847 (1972), sustaining the Commissioner’s determination of deficiencies in income tax for its fiscal years 1966 and 1967 in the amounts of $8,612.23 and $12,701.27, respectively.…
481 F.2d 414 Fannie JEFFERIES, Individually and on behalf of all personssimilarly situated, Plaintiff-Appellee-Appellant,Maxine Handel et al.,Intervenors-Plaintiffs-Appellees,v.Jule SUGARMAN, as Commissioner of the Department of SocialServices of the City of New York et al.,Defendants-Appellants-Appellees.…
This controversy arose in a proceeding under Chapter XII of the Bankruptcy Act, 11 U.S.C.…
Robinson v. Penn Central Co. Page 9029
OPINION OF THE COURT This interlocutory appeal is before us pursuant to a certification, under 28 U.S. C.…
OPINION OF THE COURT This appeal challenges a March 22, 1972, district court order granting a motion to dismiss an August 10, 1971, complaint invoking jurisdiction of the court to grant relief under 28 U.S.C.…
Ronald J. Thomas, C-7242 v. Joseph R. Brierley, Supt., S.C.I.P., and Charles Wehrle, Deputy Supt. Page 9031
OPINION OF THE COURT This action challenges an August 3, 1972, district court decree dismissing an in forma pauperis action as frivolous pursuant to 28 U.S.C.…
OPINION OF THE COURT The question presented is whether appellant, the losing party in extensive litigation, has demonstrated bad faith, vexation, or wanton or oppressive conduct, warranting the imposition upon him of the prevailing party’s counsel fees.…
OPINION OF THE COURT In the course of an investigation into the tax affairs of one Samuel Ferraro, a special agent of the Internal Revenue Service, interviewed the defendants in this case, John Protch, and his wife, Frances, on October 29, 1970.…
Proving again that mortals die but some cases never do, see Brothers Inc. v. W.…
Allen Brown v. United States Page 9041
This second appeal from the denial of a federal prisoner’s motion to vacate his sentence under 28 U.S.C.…
The National Labor Relations Board (hereinafter the Board), after a hearing before a Trial Examiner, found that Respondent employers, McCready and Sons, Inc. and Melco Construction Inc., (hereinafter referred to as McCready and Melco respectively), were guilty of unfair labor practices in violation of Sections 8(a)(1)…
480 F.2d 1010 Nathaniel BURDETTE, Petitioner-Appellant,v.Claude S.…
Aaron Edson Blasky, Administrator of the Estate of Dovie B. Blasky v. Wheatley Trucking, Inc. Page 9049
This diversity action was brought in the district court by the plaintiff as the administrator of the estate of Dovie B.…
Pablo Vina appeals from the decision of the district court dismissing his complaint for want of prosecution.…
Reese v. Smith Page 9053
478 F.2d 1406 Reesev.Smith 72-1439 UNITED STATES COURT OF APPEALS Seventh Circuit 6/29/73 1 S.D.Ind.…
United States v. Killeen Page 9054
478 F.2d 1406 U. S.v.Killeen 73-1297 UNITED STATES COURT OF APPEALS Seventh Circuit 6/29/73 1 N.D.Ill.E.D.…
Mid-American Transportation Company, Inc., a Corporation v. Cargo Carriers, Inc., a Corporation Page 9055
Mid-American Transportation Company (Mid-American), plaintiff-appellant, timely appeals in this admiralty suit from a favorable decision rendered in the United States District Court for the Eastern District of Missouri.…
James Delmore Deaton v. United States Page 9059
James Delmore Deaton filed a petition with the district court to vacate a conviction entered on an alleged coerced guilty plea 21 years earlier.…
This is a diversity case in which Fegles Construction Company, Inc. (Fegles) appeals from the denial by the trial court of its motion for a directed *795 verdict.…
United States v. David C. Cohen Page 9061
Defendant David C. Cohen 1 was convicted of attempting to evade income tax *842 for the years 1965 and 1966 by filing fraudulent returns in violation of 26 U.…
481 F.2d 358 Haywood WILLIAMS, Jr., et al., Appellants,v.Elliot L.…
Appellant, Harold Lang, appeals the decision of the United States District Court for the District of Nebraska which adjudged him negligent in allowing a Black Angus heifer to gain access to a public thoroughfare, there to collide with a truck and to cause death and property damage.…
OPINION Appellant was convicted of attempting to board an aircraft while carrying a concealed weapon (49 U.S.C.…
These cases were consolidated and heard en banc to resolve an important question of first impression arising under the National Labor Relations Act: Does a union commit an unfair labor practice under Section 8(b)(1)(B), 29 U.S.C.…
485 F.2d 917 83 L.R.R.M. (BNA) 2738, 9 Fair Empl.Prac.Cas.…
The Cities of Lafayette and Plaque-mine, Louisiana, (“Cities”) seek review of two orders of the Securities and Exchange Commission entered in the course of an acquisition proceeding under section 10(b)(1) of the Public Utility Holding Company Act of 1935, 15 U.…
485 F.2d 967 158 U.S.App.D.C. 188, 2 P.U.R.4th 321 MUNICIPAL ELECTRIC UTILITY ASSOCIATION OF ALABAMA et al., Petitioners,v.FEDERAL POWER COMMISSION, Respondent,Alabama Power Company, Intervenor.BALDWIN COUNTY ELECTRIC MEMBERSHIP CORPORATION et al., Petitioners,v.FEDERAL POWER COMMISSION, Respondent,Alabama Power…
Plaintiff, Pine View Gardens Inc., appeals from the District Court’s dismissal, presumably on the ground that it fails to state a cause of action, of a complaint against defendant, the Mutual of Omaha Insurance Company.…
Robert Robinson v. Charles M. Rodgers Page 9076
This is an appeal from an order dismissing a habeas corpus petition.…
United States v. Melvin L. Grady Page 9077
On this appeal from a conviction for second degree murder, we hold that the court erred in its failure to give an appropriate instruction on manslaughter advising the jury that in the event of a homicide resulting from a gross deviation from reasonable care the verdict should be manslaughter if the jury did not find…
United States v. Richard J. Lee, Jr. Page 9079
The single issue is whether the trial court erred in allowing the complaining witness to testify as to her showup identification of defendant.…
The appellant and a co-defendant, one Darlene C.…
481 F.2d 963 UNITED STATES of America et al., Plaintiffs-Appellees,v.STATE TAX COMMISSION et al., Defendants-Appellants.UNITED STATES of America et al., Plaintiffs-Appellees,v.STATE TAX COMMISSION et al., Defendants-Appellees.First Federal Savings and Loan Association of Boston et al.,Intervenors-Appellants.…
This is an appeal from a judgment of the United States District Court for the District of Connecticut dated February 7, 1973 which followed a Memorandum of Decision filed on January 29, 1973, Hon.…
OPINION OF THE COURT This action was commenced by the Secretary of Labor to enjoin claimed violations of the equal pay provisions of the Fair Labor Standards Act 1 and to restrain the withholding of wages allegedly due certain female employees.…
OPINION OF THE COURT In this products liability suit, 1 plaintiff was required, despite timely objection, to proceed to trial before a six-man jury per force of local Rule 21(C) of the United States District Court for the Western District of Pennsylvania.…
Joseph W. Spangler v. Kranco, Inc. Page 9092
481 F.2d 373 Joseph W. SPANGLER, Appellant,v.KRANCO, INC., Appellee.…
This is a habeas proceeding instituted by a Virginia prisoner, after exhaustion of state remedies, in order to secure his outright release from a life sentence imposed after conviction for robbery in the Corporation Court of the City of Norfolk.…
This case presents the question whether an employer’s grooming code requiring male job applicants to adhere to a hair style different from that required of female job applicants constitutes sex discrimination in violation of section 703 of Title VII of the Civil Rights Act of 1964, 42 U.S.C.…
This action was brought by the San Antonio Newspaper Guild (hereinafter Union) under Section 301 of the Labor Management Relations Act, as amended, 29 U.S.C.A.…
This is another in the long series of Federal Power Commission opinions and orders concerning certain of United Gas Pipe Line Company’s facilities in southern Louisiana which have been challenged in this court.…
This is a sequel to two other opinions which are issued this date by this court.…
Darrell Eugene Carlton, 166802 v. W. J. Estelle, Director, Texas Department of Corrections Page 9100
At appellant’s state trial for rape the prosecution introduced evidence which derived from a warrantless search of his automobile.…
Evans brought this petition seeking habeas corpus relief alleging that his several confessions introduced into evidence during his state murder trial were involuntary.…
Appellant, Humberto Aleman-Fiero, a citizen of Mexico, was duly admitted to the United States as a permanent resident alien on June 24, 1964.…
This case is before the court on the application of the National Labor Relations Board for the enforcement of its order reported at 197 NLRB No. 60.…
United States v. James Harris Page 9107
We consider an appeal from a judgment entered January 5, 1973 on a jury verdict convicting defendant on the second of two counts of an indictment charging a violation of the Mann Act, 18 U.S.C.…
United States v. McCallum Page 9108
478 F.2d 1406 U. S.v.McCallum 73-1149 UNITED STATES COURT OF APPEALS Seventh Circuit 6/28/73 1 N.D.Ill.E.D.…
Appellant seeks reversal of the District Court’s judgment, after trial, granting appellee a refund of income taxes for three prior years upon a finding that the appellee is exempt from federal income taxes under Int.Rev.Code of 1954, § 501 (c)(3) and (4) 1 as either a corporation organized and operated exclusively for…
This petition is one of two 1 bringing under review an order promulgated by the Washington Metropolitan Area Transit Commission in a proceeding initiated by D.C.…
D. C. Transit System, Inc., a Corporation v. Washington Metropolitan Area Transit Commission Page 9114
This case arises from a petition filed by D.…
This petition challenges two orders of the Washington Metropolitan Area Transit Commission by which D.…
United States v. James I. Taylor Page 9117
Appellant was charged with escape from custody of the Attorney General in violation of 18 U.S.C.…
We are called upon to decide a narrow, but important, issue of statutory construction under section 13 of the Rivers and Harbors Appropriations Act of 1899 (Refuse Act of 1899), 33 U.…
United States v. Steven Paul Valot Page 9121
This is an appeal from a judgment of the United States District Court for the Eastern District of New York, Mark A.…
OPINION OF THE COURT Father Philip Berrigan and Sister Elizabeth McAlister appeal from judgments of conviction on seven counts of violating 18 U.S.C.…
Joseph Jefferson, Jr., a previously convicted felon, appeals from his conviction by the court, after waiver of jury trial, of possession of a firearm which had traveled in interstate commerce, in violation of 18 U.S.C.…
This is an appeal by Business Aides, Inc. (BAI) from a decision of the district court 1 granting a motion for summary judgment in favor of The Chesapeake and Potomac Telephone Company of Virginia (C & P), dismissing a private antitrust action brought by BAI against C & P.…
The Hyster Company, a manufacturer of lift trucks and material handling equipment, seeks review of a finding by the National Labor Relations Board that the company was guilty of violations of § 8(a)(1) and § 8(a)(3) of the National Labor Relations Act, 29 U.S.C.…
The events giving rise to this appeal are unusual indeed.…
This is an appeal from the District Court’s entry of judgment for Defendant-Appellee, the United States, in an admiralty suit under 46 U.S.C.…
The City of Louisville, Kentucky, has appealed from the decision of the District Court awarding damages to Rockwell Manufacturing Co. for breach of a contract to purchase parking meters.…
Petitioner Firestone seeks review of an order of respondent Federal Trade Commission under 15 U.S.C.…
Levy v. Lawnmaster, Inc Page 9145
478 F.2d 1406 Levyv.Lawnmaster, Inc. 72-1171 UNITED STATES COURT OF APPEALS Seventh Circuit 6/27/73 1 N.D.Ill.E.D.…
United States v. Wilder Page 9146
478 F.2d 1406 U. S.v.Wilder 72-1454 UNITED STATES COURT OF APPEALS Seventh Circuit 6/27/73 1 N.D.Ind.…
478 F.2d 1406 Bishop of Tellusv.Federal Bureau of Prisons 72-1589 UNITED STATES COURT OF APPEALS Seventh Circuit 6/27/73 1 E.D.Ill.…
Seybold v. Milw. County Sheriff Page 9148
478 F.2d 1406 Seyboldv.Milw. County Sheriff 72-1768 UNITED STATES COURT OF APPEALS Seventh Circuit 6/27/73 1 E.D.Wis.…
U. S. Ex Rel. Count v. Twomey Page 9150
478 F.2d 1406 U. S. ex rel. Countv.Twomey 72-1922 UNITED STATES COURT OF APPEALS Seventh Circuit 6/27/73 1 N.D.Ill.E.D.…
This matter is before the court on the emergency motion of the defendant Daniel Walker, Governor of the State of Illinois, requesting a stay of the orders of the United States District Court for the Southern District of Illinois pending the disposition of the appeal from said orders.…
United States v. Albert Ray Kitchen Page 9153
ORDER This cause having been briefed and argued and submitted to this court on its merits on June 12, 1973, is hereby remanded to the trial court for an evidentiary hearing consistent with United States v. Pollard, 8 Cir., 479 F.2d 310, order filed May 18, 1973.…
In this diversity action Roland A. Dexter appeals the district court’s judgment denying him entitlement to the proceeds of certain real property owned at one time in joint tenancy by his deceased parents.…
Appellant has been trying to collect Parent’s Insurance Benefits under 42 U.S.C.…
United States v. Dennis T. Butler Page 9158
481 F.2d 531 156 U.S.App.D.C. 356 UNITED STATES of Americav.Dennis T.…
Plaintiff and the class he represents are recipients both of federally administered Old Age, Survivors and Disability Insurance (OASDI) benefits and of Old Age Assistance (OAA) benefits, administered by the defendant, the Massachusetts Commissioner of Public Welfare.…
On January 26, 1972, a bomb exploded in the New York City offices of Columbia Artists Management, Inc., and in the offices of the internationally renowned impresario Sol Hurok, also in New York City.…
Bell Lines, Inc. v. United States Page 9165
A corporation which trades in old trucks and pays boot in money for new trucks comes under Int.Rev.Code of 1954, § 1031; any gain on the trade-in is not recognized.…
480 F.2d 921 73-2 USTC P 9552 Block-Southland Sportswear, Inc.v.U.…
This case involves the validity of an order which required the Department of the Navy to produce an Aircraft Accident Report relating to the crash of a Navy plane in Okinawa.…
United States v. Charles Francis O'Neill Page 9176
In compliance with the mandate set forth in Anders v. California, 1967, 386 U.S. 738, 87 S.Ct.…
United States v. Larry Stephen Whitman Page 9180
Larry Stephen Whitman appeals from conviction, under a two-count indictment, each of which charged him with knowingly harboring and concealing a person traveling in interstate commerce to avoid arrest for a federal crime.…
The controversy in this case arose out of the Cincinnati Business District Core Project Urban Renewal Plan, hereinafter referred to as “Plan”, which Plan was adopted by ordinance passed by City Council in 1962 after two public hearings.…
United States v. Richards Page 9183
478 F.2d 1406 U. S.v.Richards 72-1696 UNITED STATES COURT OF APPEALS Seventh Circuit 6/26/73 1 N.D.Ill.E.D.…
United States v. Hopkins Page 9184
478 F.2d 1406 U. S.v.Hopkins 73-1018 UNITED STATES COURT OF APPEALS Seventh Circuit 6/26/73 1 N.D.Ind.…
The stockholders of Boatel, Inc. (Boa-tel) agreed to exchange all of the capital stock of their corporation, which was engaged in the manufacture of pontoon boats, houseboats, dairy equipment, and snowmobiles in the community of Mora, Minnesota, for stock of Telecheck, Inc. (Telecheck), a Hawaiian-based corporation.…
United States v. Rufus E. Adams, Jr. Page 9189
Appellant was convicted of three different offenses — rape while armed, 1 armed robbery 2 and assault with a dangerous weapon 3 — in connection with each of two separate incidents.…
In this appeal from denial of a writ of habeas corpus, petitioner contends that illegally seized evidence, obtained as a result of a warrantless search, was used to convict him and to induce his confession admitted against him at trial.…
Valley Camp Coal Company appeals from a judgment of the district court imposing a fine upon a finding that the defendant, in violation of 33 U.S.C.…
United States v. Bailey Page 9197
480 F.2d 921 U. S.v.Bailey 72-2445 UNITED STATES COURT OF APPEALS Fourth Circuit 6/25/73 1 D.Md.…
The National Labor Relations Board seeks enforcement of its order holding that Buddies Supermarkets, Inc. (Company) violated §.…
United States v. Adam Alex Lawrance Page 9201
This appeal presents an enduring question of evidence law — the admission of evidence of prior similar acts to show state of mind with regard to the crime charged — but in a context different from the usual.…
Inez D. Bankston v. United States Page 9203
Plaintiff seeks recovery under the Federal Tort Claims Act, 28 U.S.C.A.…
The case on appeal is an admiralty action for damages.…
Japhe v. A-T-O Inc. Page 9206
Japhe sued for damages for violation of § 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 in connection with the acquisition by A-T-0, Inc., of the outstanding stock of Advance Industrial Security, Inc., owned by Japhe, or for reformation of the purchase and sale agreement on the grounds of mutual mistake.…
United States v. James Herbert Weaver Page 9207
Weaver appeals from his conviction for the offenses charged in three counts of a four count indictment involving “moonshine” violations of Title 26 U.S. C.…
The payment to the taxpayer that is the subject matter of this action is a square peg that will not fit into any neat, round tax hole.…
Warner v. C.I.R Page 9212
478 F.2d 1406 Warnerv.C.I.R. 72-1087 UNITED STATES COURT OF APPEALS Seventh Circuit 6/25/73 1 T.C.…
Beirau v. Moore Page 9213
478 F.2d 1406 Beirauv.Moore 72-1569 UNITED STATES COURT OF APPEALS Seventh Circuit 6/25/73 1 N.D.Ill.E.D.…
Meyer v. Seamans Page 9215
478 F.2d 1406 Meyerv.Seamans 72-1642 UNITED STATES COURT OF APPEALS Seventh Circuit 6/25/73 1 N.D.Ill.E.D.…
United States v. Stribling Page 9218
478 F.2d 1406 U. S.v.Stribling 72-1858 UNITED STATES COURT OF APPEALS Seventh Circuit 6/25/73 1 N.D.Ill.E.D.…
These appeals, all of which arise out of the government’s seizure of allegedly obscene films for use in impending prosecutions of the theater owners for violation of 18 U.S.C.…
This case involves cross appeals from the judgment and order of the United States District Court for the District of North Dakota denying in all but one respect the request of plaintiff SEC for injunctive relief restraining defendants from violating the anti-fraud provisions of § 17(a) of the Securities Act of 1933.…
United States v. Alfred Kanoa Bumatay Page 9222
Appellant Bumatay was convicted of possession of heroin with intent to dis-' tribute, and of distributing and dispensing heroin, in violation of 21 U.S.C.…
Woods v. Norht American Rockwell Corp. Page 9224
Plaintiff-appellant Woods, a black worker, brought suit under Title VII of the 1964 Civil Rights Act, 42 U.S.C.A.…
United States v. Ronald Burket Page 9225
Appellant Ronald Burket, along with Terry Davis, Theodore Bortz and Ferdinand Santana, were charged in a four count indictment in the District Court for the Western District of New York with conspiring to violate 18 U.S.C.…
United States v. Andre Mieles Page 9227
In this typical narcotics prosecution in the District Court for the Eastern District of New York, Andre Mieles was convicted, after trial before Judge Bartels and a jury, of illegal possession and distribution of 28.6 grams of cocaine in violation of 21 U.S.C.…
United States v. Alfred Brawer Page 9228
Appellants Alfred Brawer, Ralph Ig-nomirello, and Wassil Kreshik appeal from judgments of conviction entered in the United States District Court for the Southern District of New York after a seven-day trial by jury before Judge Milton Pollack.…
United States v. Alfred J. Jasper Page 9229
OPINION OF THE COURT This is an appeal from an order of the district court which denied appellant Jasper’s motion pursuant to Fed.R.…
This action sought damages and in-junctive relief under 42 U.S.C.…
In this suit on a broker’s employees blanket fidelity bond, we are asked to review a summary judgment for the defendant.…
United States v. Mary Elaine Black Storm Page 9234
Appellant launches a three phased attack on her conviction of possession with intent to distribute 643 pounds of marijuana, a violation of 21 U.S.C.A.…
After much litigation, including numerous appeals to this Court, Henry v. Clarksdale Municipal Separate School District, 5 Cir. 1969, 409 F.2d 682, cert.…
This 17 year-old appellant, Luis Alberto Rios C.…
479 F.2d 1328 ASSOCIATES DISCOUNTS CORPORATION, Plaintiff-Appellant,v.Louis RAY, Defendant-Appellee.…
The appellee taxpayer is engaged in the retail sale of fuel oil in the Detroit, Michigan, area.…
Jackson v. United States Page 9242
478 F.2d 1406 Jacksonv.U. S. 72-1445 UNITED STATES COURT OF APPEALS Seventh Circuit 6/22/73 1 N.D.Ill.E.D.…
Dear v. Locke Page 9243
478 F.2d 1406 Dearv.Locke 72-1851 UNITED STATES COURT OF APPEALS Seventh Circuit 6/22/73 1 N.D.Ill.E.D.…
Robert Kelley v. Harold R. Swenson Page 9245
This is an appeal in forma pauperis by petitioner Robert Kelley from order of the United States District Court filed January 8, 1973, denying without prejudice his petition filed pursuant to 28 U.…
Dean M. Andrus v. Convoy Company Page 9246
OPINION Appellants, who are union members, sued their present employer Hadley Auto Transportation Corporation (“Hadley”) and their former employer Convoy Company (“Convoy”), seeking unsuccessfully to overturn an arbitrators’ decision that rejected their seniority grievances presented to the arbitrators by their unions.…
The Singer Company (Singer), petitions this court, pursuant to § 10(f) of the National Labor Relations Act, 29 U.S.C.…
United States v. Gary E. Caldwell Page 9249
The circumstances giving rise to this appeal are set forth in the opinion issued when the case was before us earlier.…
ORDER This cause came on for consideration of appellant’s emergency motion for a stay pending appeal and appellees’ opposition thereto, and the court heard argument of counsel.…
Each of the appellants in these appeals was convicted of (1) possession of unregistered firearms, (2) possession of prohibited weapons, and (3) carrying a dangerous weapon,1 and was sentenced to a term of imprisonment.…
In August 1971, the Securities and Exchange Commission (SEC) filed a complaint in the United States District Court for the Northern District of New York alleging that Alan F.…
OPINION OF THE COURT Pursuant to § 307(b)(1) of the Clean Air Act, 42 U.S.C.…
Shortly after noon of November 28, 1970 the Kasugasan Maru (ship), a 492-foot general cargo vessel of 8500 gross tons owned by plaintiff-appellee Mitsui O.S.K.…
Barbara Green, as Administratrix and personal representative of the estate of her deceased husband, Michael Ray Green, brought this suit against Harry J.…
481 F.2d 1272 UNITED STATES of America, Plaintiff-Appellee,v.George Truett SETTLES, Jr., Defendant-Appellant.…
The sole issue in this appeal is whether the title to the bankrupt’s unliquidated claim for damages for personal injuries sustained by him in an automobile accident, vested in his trustee under the provisions of Section 70(a)(5) of the Bankruptcy Act, 11 U.S.C.…
United States v. McKenna Page 9267
478 F.2d 1406 U. S.v.McKenna 72-1250 UNITED STATES COURT OF APPEALS Seventh Circuit 6/21/73 1 N.D.Ill.E.D.…
Lynch v. Alldredge Page 9271
478 F.2d 1406 Lynchv.Alldredge 73-1489 UNITED STATES COURT OF APPEALS Seventh Circuit 6/21/73 1 S.D.Ind.…
Anthony J. Spilotro v. United States Page 9272
478 F.2d 1406 73-2 USTC P 16,115 NOTICE: Seventh Circuit Rule 53(b)(2) states unpublished orders shall not be cited or used as precedent except to support a claim of res judicata, collateral estoppel or law of the case in any federal court within the circuit.Anthony J.…
Norma Tarshis v. Lahaina Investment Corporation, a Hawaii Corporation, D/B/A Royal Lahaina Hotel Page 9274
OPINION This appeal is from a summary judgment of dismissal awarded to Lahaina Investment Corporation, d/b/a Royal Lahaina Hotel, on the ground that no genuine issue of material fact was involved.…
This case concerns the assignment of prisoners on a racial basis to areas of incarceration in the Wyandotte County Jail, Kansas City, Kansas.…
United States v. Sammie Everett Gardner Page 9278
Gardner appeals from a jury conviction and sentence of taking, by force and violence or by intimidation, the money of a federally insured bank, in violation of 18 U.S.C.…
Western Bancshares, Inc., a Corporation v. Board of Governors of the Federal Reserve System Page 9279
The question presented in this case is whether the Bank Holding’ Company Act of 1956, as amended, 12 U.S.C.A.…
United States v. Dennis T. McDonald Page 9280
481 F.2d 513 156 U.S.App.D.C. 338 UNITED STATES of Americav.Dennis T.…
Boldt v. International Union, United Automobile, Aerospace & Agricultural Implement Workers Page 9281
This is an appeal from the District Court’s grant of summary judgment in favor of the appellee unions.…
United States v. Felix James McGuire Page 9282
This appeal, challenging a judgment of conviction, after trial without a jury for refusal to submit to induction raises the issue we find critical — whether the district court erred in finding a basis in fact for denial of appellant’s claim of conscientious objector status.…
Appellants, The Rockville Reminder, Incorporated, and three individuals representing a class of rural mailbox owners, brought this action against the appellees, The United States Postal Service and three local postmasters, seeking declaratory and injunctive relief to permit the installation of metal hook devices on…
This is a petition for review of an order of the National Labor Relations Board declining to decide a contractual dispute pending submission of the dispute to the grievance procedure prescribed by the parties in their 'collective bargaining agreement while retaining jurisdiction to act in the event that the dispute is…
Haywood Williams v. United States Page 9285
Haywood Williams appeals from an order entered October 16, 1972 in the Southern District of New York, Charles M.…
United States v. Evan Alexander Thompson Page 9289
483 F.2d 527 29 A.L.R.Fed. 581 UNITED STATES of Americav.Evan Alexander THOMPSON, Appellant.…
The United States Chamber of Commerce appeals to this court after being denied leave to permissively intervene in litigation before a three-judge district court in Francis v. Davidson, 340 F.…
In this habeas corpus ease, the prisoner complains that he was not afforded the right of confrontation of adverse witnesses in his North Carolina probation revocation hearing.…
United States v. Haven Page 9294
478 F.2d 1400 U. S.v.Haven 72-1835 UNITED STATES COURT OF APPEALS Fourth Circuit 6/20/73 1 D.S.C.…
United States v. Bobby Joe Miller Page 9297
The sole point on this appeal is whether the defendant was entitled to acquittal because the Government failed to produce expert testimony on the elements of obscenity.…
ON PETITION FOR REHEARING Before WISDOM, AINSWORTH and CLARK, Circuit Judges.…
United States v. Mary Grace Westlake Page 9300
Appellant was convicted by a jury of importing cocaine into the United States, in violation of 21 U.S.C.…
Francis Xavier Kilday v. United States Page 9301
Francis Xavier Kilday petitions under 28 U.S.C.…
United States v. Robert E. Harlan Page 9304
This is an appeal from Appellant’s conviction, after a plea of guilty, for armed bank robbery, for which Appellant was sentenced to 15 years imprisonment with discretionary parole pursuant to 18 U.S.C.…
Robert Earl Pettigrew v. United States Page 9305
This is an appeal from an order of the District Court denying Appellant’s motion to vacate sentence pursuant to 28 U.S.C.…
The issue before us is a narrow one. The appellant, Petitioner Mosley, enlisted in the United States Air Force on September 1, 1968.…
480 F.2d 1295 Tom J. GIALDE, Appellee,v.TIME, INC., Appellant.TIME, INC., Petitioner,v.Honorable John W.…
United States v. Richard Russell Page 9312
This court’s judgment in the subject cause, reported at 459 F.2d 671 (9th Cir. 1972), has now been reversed by the Supreme Court of.…
Local No. 150, International Union of Operating Engineers, Afl-Cio v. National Labor Relations Board Page 9315
The basic question we must decide is whether an employer may be guilty of an unfair labor practice with respect to a union with which it has executed a pre-hire contract, valid under § 8(f) of the National Labor Relations Act, 29 U.…
The single issue raised on this petition for review and cross-application for enforcement of an order of the National Labor Relations Board finding that the Company had violated Section 8(a)(5) and (1) of the NLRA by refusing to recognize and bargain with the Union is whether the Board erred in refusing to count one…
This case involves a “struggle between corporate titans,” 1 in their efforts to create and market cylindrically packaged confections having as their purpose the purification of breath.…
481 F.2d 257 Viola TYMINSKI, General Administratrix and Administratrix adProsequendum of the Estate of Edward Tyminski,Deceased, Appellant,v.UNITED STATES of America.Viola TYMINSKI, General Administratrix and Administratrix adProsequendum of the Estate of Edward Tyminski, Deceasedv.UNITED STATES of America, Appellant.…
OPINION OF THE COURT The plaintiff, Sammy Harthman, appeals from an order entered in the District Court of the Virgin Islands denying his motion for an assessment of damages at the rate of $50.00 per day against the defendant, Arthur Witty, for allegedly, in violation of an injunction, continuing to pollute a stream…
United States v. Jesse S. Baggett Page 9321
The defendant, Baggett, and Ralph D. Rocks were jointly charged with a violation of the Travel Act.…
On May 12, 1970, John Carl English was convicted in the Circuit Court of Virginia Beach, Virginia, upon an indictment which charged that on or about January 13, 1970, he did “unlawfully, wilfully and feloniously maintain or keep a common nuisance, to-wit; a dwelling house or building resorted to by narcotic drug…
Evelyn Hollman, Etc. v. Max v. Cogen and Peter M. Cogen, D/B/A 187 Street Apartments, Ltd. Page 9330
ORDER: Appellee’s answer to a motion for reconsideration filed with the District Court below stated that appellant had since paid her rent and her tenancy was then in good standing.…
480 F.2d 923 *L. L. Brewton Lumber Company, Inc.v.Continental Can Company, Inc. 73-1652 UNITED STATES COURT OF APPEALS Fifth Circuit June 19, 1973 1 W.D.La.…
Petitioner, Sullivan Electric Company, seeks review and setting aside of an order of the National Labor Relations Board requiring it to recognize and bargain with a union 1 and to reinstate 13 employees.…
United States v. Minot Wayne Estese Page 9335
Appellant appeals from his conviction before the United States District Court for the Southern District of Ohio on the charge of possession of an illegal firearm (a sawed-off shotgun), in violation of 26 U.S.C.…
United States v. Tenen Page 9337
478 F.2d 1405 U. S.v.Tenen 73-1129 UNITED STATES COURT OF APPEALS Seventh Circuit 6/19/73 1 N.D.Ill.E.D.…
United States v. David Booker Page 9338
A jury composed of five black and seven white persons found defendant, a black, guilty of violating 21 U.S. C.…
This is an appeal from a judgment by the United States District Court for Wyoming denying a claim for refund of federal income -taxes for the calendar year 1965 by Rissler & McMurry Co., Inc. (taxpayer).…
There are three principal issues in this case: what choice of law prevails, whether a breach of charter party gave rise to a maritime lien, and the priority of the lien.…
On this appeal from summary judgment entered in the Southern District of New York, Inzer B.…
United States v. Gerald Sanjurjo Page 9347
Gerald Sanjurjo appeals from a judgment of the United States District Court for the Southern District of New York, Sylvester J.…
This appeal is from the denial of a motion for a preliminary injunction sought by a group of parents of black and other non-white children residing in Tilden Houses, a public housing development in Brooklyn, on behalf of themselves and others similarly situated, to require the Community School Board for District No.…
480 F.2d 138 Barbara Ann PIGGOTT, Administratrix of the Estate of KeithAlexander Piggott, a deceased infant, 9 years ofage, Appellant,v.UNITED STATES of America, Appellee.Barbara Ann PIGGOTT, Administratrix of the Estate of JoyceJanet Piggott, a deceased infant, 13 years of age, Appellant,v.UNITED STATES of America…
Jenkins was convicted by the lower court sitting without a jury of knowingly and intentionally distributing a controlled substance, heroin, 1 in violation of Title 21, U.S.C., § 841, in consequence of a sale to an undercover U.…
Mary Layton and Stanley Gregory Walker, Etc. v. Dale Carson, as Sheriff of Duval County, Fla. Page 9358
This is an appeal from a dismissal by the district court of a habeas corpus petition for failure to exhaust state remedies.…
U. S. Ex Rel. Boisseau v. Laird Page 9361
478 F.2d 1405 U. S. ex rel. Boisseauv.Laird 72-1843 UNITED STATES COURT OF APPEALS Seventh Circuit 6/18/73 1 N.D.Ill.E.D.…
The district court entered an order granting enforcement of an Internal Revenue Service summons pursuant to Int.Rev.Code of 1954, § 7602, and this appeal followed.…
Estate of William Goldstein, Deceased, Thelma Zelinger v. Commissioner of Internal Revenue Page 9367
William Goldstein, a resident of Denver, Colorado, died on December 9, 1966.…
Plaintiffs bring a class action as electric power customers of the Imperial Irrigation District.…
Appellants, various cooperatives and municipalities which are wholesale customers of the Alabama Power Company, seek a reversal of an order of the district court which granted appellees’ motion for summary judgment.…
In the Matter of the Petition for Naturalization of Yao Quinn Lee. Yao Quinn Lee v. United States Page 9370
Yao Quinn Lee appeals from an order of the Southern District, entered on October 4, 1972, denying his petition for naturalization.…
Harold Jacob Mims appeals from a judgment of conviction entered in the *637 United States District Court for the Western District of New York, John T.…
The United States sued Park Cities Bank and Trust Company under 26 U.S.C.…
The M/V Jose Luis Aznar and its cargo were ordered sold by the United States District Court of the District of the Canal Zone by writ of “Venditioni Exponas” issued on September 27, 1972.…
478 F.2d 1401 *Prudhommev.Al Johnson Construction Company-Massman Construction Company 73-1441 UNITED STATES COURT OF APPEALS Fifth Circuit June 15, 1973 1 W.D.La.…
ORDER This matter is before the Court upon the petition of Extendicare of Kentucky, Inc. to review and set aside an order issued by the National Labor Relations Board and the cross application by the Board for enforcement of its order.…
ORDER Upon consideration of the record, briefs and arguments of counsel for the parties, the Court finds that there is substantial evidence to support the findings of fact of the Board and the inferences to be drawn therefrom, the decision and order of the Board being reported at 197 NLRB #162.…
United States v. Peter Black Page 9381
480 F.2d 504 UNITED STATES of America, Plaintiff-Appellee,v.Peter BLACK, Defendant-Appellant.…
This appeal requires us to decide whether the First Amendment prevents a state university from discharging a teacher whose pedagogical style and philosophy do not conform to the pattern prescribed by the school administration.…
In this patent infringement suit the District Court granted summary judgment for the defendant-appellee, Minnesota Mining & Manufacturing Co. (Minnesota).…
We are presented with a novel question concerning the amendment of a complaint in a diversity tort action and the date to which it may or may not relate back pursuant to Rule 15(c), Federal Rules of Civil Procedure, Title 28, U.…
United States v. Rocco Salvatore Lupino Page 9387
Rocco Salvatore Lupino, having previously been convicted of a felony, is in this court on appeal from his judgment of conviction of receiving, on two separate dates, a firearm in and affecting commerce, in violation of 18 U.S.C.App.…
An employer petitions to set aside an order of the National Labor Relations Board to reinstate a discharged employee.…
United States v. Warren Harris Geller Page 9392
OPINION Before CHAMBERS and ELY, Circuit Judges, and MURRAY, * District Judge.…
Milton Margoles, M.D. v. Alida Johns Page 9394
On August 19, 1971, appellant, Dr. Milton Margóles, filed a two count complaint in the federal district court seeking relief for alleged slanderous utterances made by Alida Johns, an employee of The Journal Company of Milwaukee, Wisconsin [hereinafter “The Journal”], naming both Alida Johns and The Journal as…
481 F.2d 152 UNITED STATES of America ex rel.…
These appeals present an example of how a successful litigant’s effort at accelerating collection from an adversary, in a manner which on any view pressed the Rules of Civil Procedure to their limit, has produced substantial delay.…
Pursuant to § 10(e) of the NLR Act, 61 Stat. 136, 73 Stat. 519, 29 U.S.C.…
In re Penn Central Transportation Co. Page 9398
OPINION OF THE COURT An order of the district court permitting the Trustees of the Penn Central *325Transportation Company (Trustees) to sell four New York office buildings, located in the area adjacent to Grand Central Terminal, is the basis of this appeal.…
May a subcontractor, who justifiably ceases work under a contract because of the prime contractor's breach, recover in quantum meruit the value of labor and equipment already furnished pursuant to the contract irrespective of whether he would have been entitled to recover in a suit on the contract?…
United States v. Ralph D. Rocks Page 9400
The defendant, Rocks, and Jesse S. Baggett were jointly charged with a violation of the Travel Act.…
From October 1969 to January 1970, Neuhoff Bros.…
480 F.2d 408 UNITED STATES of America, Plaintiff-Appellee,v.Anthony LEGATO and Abraham Migdall, Defendants-Appellants.…
United States v. Lee Skipwith, III Page 9404
(concurring specially): I concur in the disposition of this ease reached by Judge Clark’s opinion,, that the conviction stand affirmed.…
United States v. William Boyd Ewing, Jr. Page 9409
Appellant William Boyd Ewing, Jr., pled guilty to two counts of aiding and abetting the interstate transportation of stolen motor vehicles in violation of 18 U.S.C.A.…
Frank Patterson, Etc. v. Thomas Hopkins, Etc., Janie Lee Fox, Etc. v. Thomas Hopkins, Etc. Page 9413
This is a § 1983 suit, 42 U.S.C.A. § 1983, on behalf of two juveniles seeking damages and declaratory relief complaining of the facilities of the Coahoma County jail and practices of the authorities in the handling of juveniles.…
Mrs. Willie C. Kirkland v. Caspar W. Weinberger, Secretary of Health, Education and Welfare Page 9414
This action was initiated by Mrs. Kirkland, pursuant to § 205(g) of the Social Security Act, 42 U.S.C.…
Bhagwati P. K. Poddar appeals from dismissal of his civil rights action, brought under 42 U.S.C.…
480 F.2d 994 21 Wage & Hour Cas. (BN 106, 71 Lab.Cas.…
Betty Asher v. United States Page 9417
Appellant, Betty Asher, was convicted of forgery under Title 18, U.S.C.…
480 F.2d 1304 73-2 USTC P 9501, Fed. Sec. L.…
United States v. Richard H. Murphy Page 9423
Defendant, Richard H. Murphy, a federal meat inspector convicted on ten counts of accepting money from a person, firm, or corporation engaged in interstate commerce in violation of 21 U.S. C.…
United States v. John Joseph Chodor Page 9424
Appellant, John Joseph Chodor, was charged in a three count indictment with possession and delivery of certain obligations made after a similitude of $10 Federal Reserve Notes in violation of 18 U.S.C.…
Herman Gross and Reuben E. Gross v. Federal Communications Commission and United States of America Page 9426
The sole issue properly before us on this petition to review a newly promulgated regulation of the Federal Communications Commission, 47 C.F.R.…
United States v. Michael D. Williams Page 9430
Michael Williams appeals his conviction by a jury in district court for distributing heroin in violation of 21 U.S.C.…
The sole issue on this appeal in this diversity case is whether Lester J.…
United States v. Darwin Clark Bailey Page 9434
The court convened en banc to consider the propriety of the Allen1 charge.…
John Parker v. Ray Graves Page 9435
John Parker, a second-year law student, was employed by the University of Florida Athletic Association as a dormitory advisor, assistant track coach and meal checker at the athletic training table.…
This is an appeal by Robert R. Ware, Jr., executor of the estate of his father, Robert R.…
This is a diversity action, premised on a “false light” invasion of privacy.…
480 F.2d 1039 Beryl T. NICKERT, Executrix of the Estate of John Nickert,Deceased, Plaintiff,v.PUGET SOUND TUG & BARGE COMPANY, Defendant,Cross-Complainant-Appellant,General Motors Corporation, Defendant, Cross-Complainant-Appellee,San Diego Marine Construction Company, Defendant,Cross-Complainant-Appellee.…
Agustin Viola v. United States Page 9446
483 F.2d 1209 157 U.S.App.D.C. 206 Agustin VIOLA, Appellant.v.UNITED STATES of America.…
This is an appeal by the Fifth Avenue Peace Parade Committee, Deborah D.…
On December 29, 1964, a fire gutted a five-story building owned by appellant, Van Iderstine Company, in Long Island City, New York.…
Ansley was convicted by a jury on the second count of a two count indictment, charging that he aided and abetted Petree, an Alderman of the City of Atlanta, in unlawfully influencing legislative action.…
Appellant was convicted on two counts of threatening the president of the United States with bodily harm.…
Local No. 644 v. Walsh Construction Co Page 9457
478 F.2d 1405 85 L.R.R.M. (BNA) 2768, 86 L.R.R.M.…
Ponder v. Brown Page 9459
478 F.2d 1405 Ponderv.Brown 72-1495 UNITED STATES COURT OF APPEALS Seventh Circuit 6/12/73 1 N.D.Ill.E.D.…
This is an appeal by a group of plaintiffs in only one of six consolidated cases pending in the district court.…
Mustang Fuel Corp., a Corporation v. Youngstown Sheet and Tube Company, an Ohio Corporation Page 9465
Without going into a detailed statement of facts or background in this appeal, the case presents a single issue.…
Appellant claims that the Atomic Energy Commission’s Liquid Metal Fast Breeder Reactor program involves a “recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment * * .…
This action was brought to secure declaratory and injunctive relief against the Secretary of Health, Education, and *1161 Welfare, and the Director of HEW’s Office of Civil Rights.…
Plaintiffs appeal from the district court’s refusal to issue a preliminary injunction forbidding defendant, a former employee, from soliciting orders from the same customers Garcia solicited for plaintiff for selling welding products directly competitive with those he sold for plaintiff, for a period of two years from…
After a five day jury trial in the United States District Court for the Southern District of New York, the defendants-appellants, Nicholas LaSorsa and Salvatore Caio, charged in a one-count indictment, were convicted of conspiracy to sell heroin without the buyer’s written order form in violation of Title 26, United…
Kazi S. Ahmed v. United States Page 9470
Plaintiff-appellant commenced the ■within action pursuant to 28 U.S.C.…
These consolidated appeals are from convictions for taking and carrying away with intent to steal a coat and purse belonging to Ethel Ford at the Veterans Administration Hospital at West Haven, Connecticut.…
481 F.2d 723 UNITED STATES of America, Appellee,v.Vinicio E.…
The question presented in this appeal is whether the District Court properly denied a Rule 60(b)¡(l), F.R.Civ.P., motion to vacate a summary judgment entered against the appellant, Independent Theatres, Inc. Rule 60(b)(1) reads, in pertinent part: On motion and upon such terms as are just, the court may relieve a…
The genesis of this case was a dispute between A.…
United States v. Mateo Ozuna-Amador Page 9480
Mateo Ozuna-Amador appeals from a two count conviction under 21 U.S.C.…
The only issue left in this case is whether appellant was sentenced in Florida state court without presence of counsel.…
Hipólito Martinez-Martinez petitions this court for review of a deportation order of the Immigration and Naturalization Service, pursuant to 8 U.S.C.A.…
After a complete review of the record, it is our considered opinion that this court does not have jurisdiction to hear the instant appeal 'and thus we are compelled to dismiss.…
United States v. Dominga Salazar Page 9485
On September 22, 1972, appellant was convicted by a jury of the possession of 55 pounds of marijuana with the intent to distribute the same in violation of 21 U.S.C.…
This case arose out of a stock transaction in which the owners of Aircraft Services International, Inc. (ASI) sold the company to the Greyhound Corporation.…
483 F.2d 880 2 P.U.R.4th 113 PLACID OIL COMPANY et al., SoLa II, Petitioners,v.FEDERAL POWER COMMISSION, Respondent.…
United States v. Peter N. Lazaros Page 9488
The defendant, Peter Lazaros, appeals his conviction by a jury on twelve counts of perjury in the District Court for the Eastern District of Michigan.…
Regina Lee Azar v. James R. Conley Page 9489
This civil rights action is before the Court for the second time.…
478 F.2d 1405 85 L.R.R.M. (BNA) 2187, 71 Lab.Cas.…
Heinemann v. General Motors Page 9492
478 F.2d 1405 Heinemannv.General Motors 72-1565 UNITED STATES COURT OF APPEALS Seventh Circuit 6/11/73 N.D.Ill.E.D., 342 F.Supp. 203 AFFIRMED
United States v. Packerland Page 9493
478 F.2d 1405 U. S.v.Packerland 72-1850 UNITED STATES COURT OF APPEALS Seventh Circuit 6/11/73 E.D.Wis., 345 F.Supp. 329 AFFIRMED
The petitioner, James LeRoy Iverson, was found guilty in the Grand Forks County District Court of North Dakota of the strangulation murder of two young women.…
The issue on this appeal is whether, in view of a pending Oklahoma probate proceeding, these plaintiffs as heirs can maintain a diversity suit against co-executors and a bank for equitable relief and a determination of ownership of personalty which one co-executrix claims as her separate property, and which the…
American Maritime Association v. Maurice H. Stans, Individually, and as Secretary of Commerce Page 9497
This is an appeal from the July 12, 1971 order of the District Court dismissing plaintiff’s complaint.…
The series of events culminating in the death of 15 year old Vernon L.…
In Re Freedomland, Inc., Bankrupt Page 9500
This ease presents the esoteric, but nevertheless highly practical, issue of how withholding on wages earned before bankruptcy is to be handled in bankruptcy.…
United States v. Mitchell Rothberg Page 9501
Appellant Rothberg, indicted for transporting, concealing and facilitating the transportation and concealment of illegally imported “hashish, a derivative of marihuana,” in violation of 21 U.S.C.…
United States v. Joseph Scafo Page 9502
This is another in a series of recent cases in our Court involving application of the Second Circuit Rules Regarding Prompt Disposition of Criminal Cases.…
In Re Other Southwest Area Rate Case (Oswa I). Shell Oil Company v. Federal Power Commission Page 9505
This case involves rates fixed by FPC on October 29, 1971, for the so-called Other Southwest Area, and now joins SoLa I and SoLa II as OSWA I.…
This case involves a petition for enforcement of a National Labor Relations Board order after “summary judgment” had been entered by the Board against respondent.…
This is an appeal from an order dismissing the Government’s complaint at the conclusion of the Government’s proofs in an action for back pay, pension payments, and reinstatement.…
Nathaniel Denman v. James K. Leedy Page 9511
For many years appellant Nathaniel Denman has been engaged in embittered strife with his estranged wife, Mrs. Frances Denman.…
United States v. Wendell Blount Page 9512
We consider an appeal from a judgment following jury convictions on both counts of a two-count indictment charging illegal distribution of heroin, in violation of 21 U.S.C.…
This case was tried before a jury in the United States District Court for the Eastern District of Michigan.…
478 F.2d 1405 83 L.R.R.M. (BNA) 2932, 71 Lab.Cas.…
478 F.2d 1405 Momence Pork Packersv.Riss International Corp. 72-1469 UNITED STATES COURT OF APPEALS Seventh Circuit 6/8/73 1 N.D.Ill.E.D.…
Ashbrook v. Laird Page 9516
478 F.2d 1405 Ashbrookv.Laird 72-1783 UNITED STATES COURT OF APPEALS Seventh Circuit 6/8/73 1 S.D.Ill.…
United States v. Roberts Page 9518
478 F.2d 1405 U. S.v.Roberts 72-1969 UNITED STATES COURT OF APPEALS Seventh Circuit 6/8/73 1 W.D.Wis.…
This appeal is concerned primarily with the meaning of the words “sale” or “sell” in the Illinois Securities Act.…
Appellants make numerous contentions of error in their trial wherein they were convicted by a jury for violation of the Dyer Act.…
Defendant Byron Prugh, in a consent decree in the United States District Court for the Western District of Missouri entered October 18, 1968, was en *612 joined from further violations of Sections 5 and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934.…
United States v. Bufford James Henderson Page 9523
Bufford James Henderson appeals from the entry of a judgment of conviction, based upon a jury verdict finding him guilty of violating the provisions of 26 U.S.C.…
R. H. Colvin v. United States Page 9526
OPINION Mary E. Colvin was killed in an auto accident in which the driver was a Government employee.…
Joseph A. D'AmbrA v. United States Page 9528
The United States appealed from a decision of the district court for Rhode Island awarding plaintiffs $118,800.…
On January 26, 1972, the Securities and Exchange Commission (“SEC”) applied to the district court for the Southern District of New York for an order pursuant to section 22(b) of the Securities Act of 1933, 15 U.S.C.…
United States v. Nicholas Rattenni Page 9530
Appellant Nicholas Rattenni, along with his co-defendants Boggia, Fiore and Roman, was charged under § 1503 of Title 18 with conspiracy to corruptly influence, impede and intimidate petit jurors in the discharge of their duties in a previous felony trial of Rattenni; a second count charged them with the substantive…
United States v. Harold Miles Page 9531
This is an appeal from a judgment of conviction in the United States District Court for the Southern District of New York for distribution, and possession with intent to distribute, heroin in violation of 21 U.S.C.…
Kerr-Mcgee Corporation v. William E. Law, in Personam, and as Owner and of the Barge Michael, in Rem Page 9533
This appeal involves the in personam liability of the owner of a vessel that is subject to a demise or bareboat charter and the in rem liability of the vessel for damage to cargo.…
This is an appeal from an order of the district court granting the motion of the appellee, Volvo Southwest, Inc., for a summary judgment.…
Credit Bureau Reports, Inc. (CBR) brought this anti-trust suit in the U.…
Chief Justice Burger has very recently expressed the guiding philosophy for our interpretation of the Federal Consumer Credit Protection Act, 15 U.S.C.…
Plaintiff-appellant is successor executor under the will of Virgil DiPerna who died in 1966, a resident of Ohio.…
Lauchli v. United States Page 9549
478 F.2d 1405 Lauchliv.U. S. 72-1355 UNITED STATES COURT OF APPEALS Seventh Circuit 6/7/73 1 S.D.Ill.…
Richard E. Fowler appeals from a decision dismissing his civil rights action.…
Summary judgments were entered against the United States and in favor of the defendant, Bissett-Berman Corporation, and others in actions filed by the United States as plaintiff, under 28 U.…
Arnold's Hofbrau, Inc. v. George Hyman Construction Co., Inc., Appellant,and Oliver T. Carr, Jr. Page 9556
Plaintiff, which conducted a restaurant on leased premises at 1724 Pennsylvania Avenue, N.W., Washington, D.…
Anthony Correale v. United States Page 9557
This appeal from a denial of a motion to vacate sentence under 28 U.S.C.…
United States v. John Darwin Eads Page 9566
On February 9, 1966, Appellant Eads appeared before the district court with his attorney to be arraigned on an information charging him with six counts of interstate transportation of a stolen motor vehicle, in violation of 18 U.S.C.…
William H. Connelly v. American Security Card Corporation, Andrew C. Sandell and Frank Adamson Page 9568
We are convinced that the evidence fully supports the district court’s findings that appellants Adamson and Sandell made false and fraudulent misrepresentations to appellee Connelly, to his detriment, including the false statement that his check would be held in escrow and would be refundable as agreed in the contract…
Lee Lane, a prisoner of the State of Louisiana, has appealed from the district court’s denial of his petition for habeas corpus relief.…
477 F.2d 566 Leon ROBBINS and Jimmy Tillman, Petitioners-Appellants,v.C.…
In conformity with the requirements established by Anders v. California, 1967, 386 U.S. 738, 87 S.Ct.…
ORDER. On receipt and consideration of a motion to dismiss an appeal and on consideration of the briefs filed therein; and Finding in the record no abuse of discretion on the part of the District Judge whose order of refusal is sought to be appealed1 and no clear legal ground for issuance of a writ of mandamus if…
The district court entered judgment for the petitioner, Abraham Willie Woodard, in the sum of $1,055.10 representing the damages incurred by Woodard as a result of his- discriminatory discharge as a school administrator by the England School District No. 2.…
John Gilbert v. United States Page 9581
Where a settlement is agreed upon among clients and counsel, the terms are conveyed to the court by counsel and judgment entered accordingly, may the judgment be set aside on the complaint of one party that his counsel coerced him into agreement?…
Appellants, owners of the French vessel M.…
The essential issue on this appeal involves the application of the standard inventory exclusion clause in a fidelity insurance policy and bond to a claim for loss of property alleged to have been sustained by reason of fraudulent or dishonest acts of an unidentified employee of the insured.…
United States v. Gregory Crawford Lavin Page 9584
Gregory Crawford Lavin appeals from a judgment of conviction entered June 9, 1972 following a nonjury trial in the Southern District of New York, Milton Pollack, District Judge, 346 F.Supp. 76 (S.D.N.Y.1972), for refusing to submit to induction into the Armed Forces of the United States, in violation of the Military…
Betty L. Kindrew v. United States Page 9588
On February 9, 1970, Betty L. Kindrew, the plaintiff-appellant, was standing on the deck of the United States Coast Guard Cutter JUNIPER at Tampa, Florida.…
This is an N. L. R. B. petition pursuant to section 10(e) of the National Labor Relations Act 1 for enforcement of its order against respondent, company Downs-Clark, Inc. The Board found that Downs-Clark had violated section 8(a)(5) and (1) of the Act by refusing to execute a written contract incorporating what the…
Franklin Nix v. The Grand Lodge of the International Association of MacHinists and Aerospace Workers Page 9590
Once again the dispute between Franklin Nix and the International Association of Machinists and Aerospace Workers has found its way to this court.…
Defendants, Daniel of Alabama (the general contractor) and Brown Mechanical Contractors, Inc. (the subcontractor), appeal from an order of the district court that required arbitration, but limited the arbitrable issues under the applicable collective bargaining agreements to whether Brown had acted arbitrarily or in…
Graham L. Blair v. Delta Air Lines, Inc. Page 9593
For reasons adequately stated in the opinion of the district court, 344 F.Supp. 360 (S.D.Fla.1972), the judgment is affirmed.…
This action was brought by 39 parents of children attending the public schools of Orange County, Florida, complaining of certain activities of the school system which the plaintiffs believe violate the religious freedom guarantees of the First Amendment.…
United States v. John William Workopich Page 9595
John William Workopich was indicted and convicted on four counts of violating the Controlled Substances Law, 21 U.S. C.…
TABBY’S INTERNATIONAL, INC., Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent Page 9596
This is a petition for review of an order entered by the Securities and Exchange Commission pursuant to Rule 261 of Regulation A under the Securities Act of 1933 permanently suspending the exemption from registration with respect to the offering of securities by petitioner, Tabby’s International, Inc. The order is…
ORDER This cause came on to be considered on Petitioner’s application for the summary entry of judgment enforcing its Order of September 25, 1972, against Respondents, adopting the findings, conclusions and recommendations of the Administrative Law Judge’s Decision and ordering appropriate relief thereunder.…
ORDER This cause came on to be considered on Petitioner’s application for the summary entry of judgment enforcing its Order of January 14, 1972 against Respondent, adopting with modification the findings, conclusions, and recommendations of the Trial Examiner’s decision and ordering appropriate relief thereunder.…
This civil rights case charging discrimination on grounds of sex, in violation of Title VII of the Civil Rights Act of 1964, § 706(e), 42 U.S.C.…
U. S. Ex Rel. Falconer v. Pate Page 9602
478 F.2d 1405 U. S. ex rel. Falconerv.Pate 72-1535 UNITED STATES COURT OF APPEALS Seventh Circuit 6/5/73 N.D.Ill.E.D., 319 F.Supp. 206 AFFIRMED
Preston Nutter Corporation (PNC) appeals from a summary judgment granted by the District Court for the *697 District of Utah in favor of appellee, Secretary of the Interior, sustaining the Secretary’s decision that appellant is not the successor in interest to a certain Sioux Half-Breed scrip.…
This is a mandamus action against the United States Board of Parole to compel *609 the Board to consider the eligibility of prisoner Perea for parole.…
481 F.2d 501 5 Fair Empl.Prac.Cas. 1357, 29 A.L.R.Fed. 748,5 Empl.…
United States v. Elaine Bryant Page 9608
Appellant Elaine Bryant appeals from a judgment of conviction entered upon a jury verdict returned July 18, 1972 after a five day trial before John R.…
Royster Company v. United States Page 9609
This appeal involves a claim for the refund of federal employment taxes (withholding of income, Federal Insurance Contributions, and Federal Unemployment taxes), plus interest, for a total amount of $11,327.11.…
Lee Lambert, Jr. v. United States Page 9610
The Government appeals from a judgment awarding damages to Appellee Lambert for injuries he suffered during the performance of his duties as a stevedore foreman while employed by the United States.…
The most important issue raised by defendant on appeal is his assertion that the district court erred in failing to allow him to present evidence that Latin Americans, young persons (18 to 21 and 21 to 24), and new residents (those who had not resided in the Southern District of Florida for a year as required by the…
United States v. Scott Eric Harris Page 9614
On May 18, 1972, a two-count indictment was returned charging appellant Scott Harris with two violations of the Dyer Act.…
We conclude that if errors occurred in the reception of evidence or in the wording of the special interrogatories they were in no way prejudicial to the defendant.…
Grill v. U. S. Home Corp Page 9619
478 F.2d 1405 Grillv.U. S. Home Corp. 73-1137 UNITED STATES COURT OF APPEALS Seventh Circuit 6/4/73 1 N.D.Ill.E.D.…
United States v. William Henry Sockel Page 9620
Finding no merit in appellant’s three contentions of error, we affirm his conviction for interstate transportation of a stolen firearm, knowing it had been stolen, all in violation of 18 U.S.C.…
Alson T. Wahrlich v. State of Arizona, A. E. \"Bud\" Gomes, Superintendent, Arizona State Prison Page 9622
OPINION Wahrlich’s petition for federal habeas relief from a conviction for kidnapping in a state court in Arizona was denied, and he appeals.…
United States v. Frank Richard Coppola Page 9625
The appellant was charged in an indictment with Joe Cordova, Fred John Molina and Natividad Baca 1 with having conspired to murder one Willard Hardaway in connection with a dispute growing out of the alleged failure of Hardaway to deliver a quantity of heroin to appellant in the United States Penitentiary at…
George Sian, an employee of Atlantic & Gulf Stevedores, Inc., was injured while discharging cargo from the M/V AFRIKA.…
Billy Joe Rehkopf (Rehkopf) appeals from a judgment of the district court affirming a bankruptcy court order which restrains him from interfering with the bankruptcy trustee’s possession of a certain store located in Texarkana, Texas.…
On February 4, 1964, appellant, The Pioneer Savings & Loan Co., an Ohio corporation, made a first mortgage loan to Maxine and Lester Zavelson for $27,000, covering a 4-story brick apartment building and the land upon which it was situated.…
This is a petition for review of the decision and final order No. 72-7-25, rendered by the Civil Aeronautics Board (hereinafter the Board) on July 7, 1972.…
The habeas corpus petition of Herbert Clay is before this court for a second time.…
The defendant, Steven Jeffrey Green - wald, was convicted by a jury for a violation of Title 18, United States Code, Section 2314, transporting in interstate commerce “goods, wares, merchandise, securities or money, of the value of $5,-000 or more, knowing the same to have been stolen, converted or taken by fraud.”…
The district court ordered the defendant hospital to make its facilities and staff available to the plaintiff doctor for the immediate performance of an abortion on the plaintiff, Jane Doe.…
Pursuant to § 7483 of the Internal Revenue Code of 1954, the Commissioner of Internal Revenue brings this appeal from a decision and order of the United States Tax Court, 58 T.C.…
OPINION Before CHAMBERS, BROWNING and ELY, Circuit Judges.…
PER CURIAM: This appeal from an order of the District Court for the Southern District of New York denying a petition to review an order of Referee Babitt raises the question whether a debtor who has been party to a confirmed arrangement under Chapter XI of the Bankruptcy Act may apply for leave to file an application…
The defendants, Ralph Cuomo and John Rizzo, Jr., were convicted, following a three week jury trial in the United States District Court for the Southern District of New York, of receiving, concealing, selling and facilitating the transportation and sale of heroin in violation of Sections 173 and 174 of Title 21, United…
United States v. Lowell M. Birrell, Lowell M. Birrell v. Attorney General of the United States Page 9649
In United States v. Birrell, 447 F.2d 1168 (2 Cir. 1971), cert.…
In this action The Triax Company alleges that three of its patents relating to automatic “stacker” machines it manufactures for use in its patented automated warehousing system were infringed by the “stackers” the defendant Hartman Metal Fabricators, Inc. has manufactured, sold, and installed in warehouses.…
This is an appeal from the verdict of the district court in a suit under the Civil Rights Act, 42 U.S.C.…
Louis G. Lefaivre v. United States Page 9655
478 F.2d 1400 73-1 USTC P 16,092 NOTICE: Fourth Circuit I.O.P.…
Pursuant to section 10(e) of the National Labor Relations Act of 1947, 29 U.S.C.…
Appellant sued Local 60 1 and a monetary employer (Tompkins-Beckwith, Inc.) under § 301, 29 U.S.C.A.…
In this Texas diversity ease involving personal injuries and a death from an airplane crash, defendant Beech Aircraft Corporation appeals from a judgment awarded in favor of an injured passenger and the surviving beneficiaries of the dead pilot.…
In his petition for writ of habeas corpus, petitioner seeks to have removed a detainer lodged against him by the State of Pennsylvania in connection with a State sentence.…
This is the second time we review the convictions of Fred Collins and Daniel Scheffer for importing cocaine.…
United States v. Homer Dias Garcia Page 9663
Appellant was convicted of violation of 18 U.S.C.…
This case is before us on a petition for review and cross-application for enforcement of an order of the National Labor Relations Board finding that two of Pe *330 titioner’s employees were discharged because of their union activity, in violation of 29 TJ.S.C.…
On January 19, 1969, the Kayser-Roth Company filed this action against the appellant Textile Workers Union of America in the Circuit Court of Rhea County, Tennessee, seeking recovery for damages arising from a strike that occurred at the Kayser-Roth hosiery plant in Dayton, Tennessee, in 1968.…
This case involves an appeal from a judgment of the District Court of the Western District of Kentucky that Appellant, W K Contracting Co. (W K), was not entitled to payment for work which it contended was extra and beyond that contemplated by the contract between W K and Appellee, Ashland Oil & Refining Co. (Ashland).…
Hufford v. Stampar Page 9668
478 F.2d 1405 Huffordv.Stampar 72-1619 UNITED STATES COURT OF APPEALS Seventh Circuit 5/31/73 1 N.D.Ill.…
United States v. Chuck Patrick Newmann Page 9669
We anticipate with the war’s end that possibly there will be more cases similar to this, some with merit and others without, so each case seems to deserve its own careful consideration to assure its proper disposition predicated on the individual facts.…
United States v. William F. Meese Page 9670
Defendant was convicted of operating an illegal gambling business in violation of 18 U.S.C.…
Herbert Marion Thorne v. United States Page 9673
This is an appeal from the dismissal of an action by appellant prosecuted under the Federal Torts Claims Act, 28 U.S.C.…
United States v. Farmer Page 9675
The appellant, Steven Scott Farmer, was convicted of failure to report for induction into the Armed Forces in violation of 50 U.S.C.A.…
United States v. John Jeffery Salem Page 9676
OPINION Salem was convicted of refusing to submit to induction into the Armed Forces, 50 U.S.C.…
This is an appeal from an order of the district court denying appellant’s application for a writ of habeas corpus pursuant to 28 U.S.C.…
I. INTRODUCTION John Ballay was born in Albania in 1933, where he was educated, served in the military and worked until the mid 1950’s.…
United States v. 6.321 Acres of Land More or Less Situated in Suffolk County, City of Boston Page 9681
This appeal arises from a suit by the United States to condemn certain property located in the City of Boston for use as an addition to an existing postal facility.…
James E. Peppers enlisted in the United States Army and served on active duty from September 7, 1942, until September 18, 1943.…
479 F.2d 396 83 L.R.R.M. (BNA) 2311, 85 L.R.R.M.…
ON PETITION FOR REHEARING Appellee urges on petition for rehearing that it proceeded in the district court on its insurable security interest as a creditor or lien holder, U.C.C., Article 2, § 501 (2), 1 or in the alternative, as assignee from the buyer for the purpose of collecting the claim against the insurance…
United States v. Robert H. Blanton, III Page 9693
Appellant was convicted of possessing and transporting a silencer for a firearm in interstate commerce in violation of 26 U.S.C.A.…
Dukes appeals from his conviction of distributing a controlled substance in violation of 21 U.S.C.A.…
United States v. Brass Page 9703
478 F.2d 1405 U. S.v.Brass 73-1118 UNITED STATES COURT OF APPEALS Seventh Circuit 5/30/73 1 E.D.Wis.…
Glickman v. Laird Page 9704
478 F.2d 1405 Glickmanv.Laird 73-1142 UNITED STATES COURT OF APPEALS Seventh Circuit 5/30/73 1 N.D.Ill.…
This action was filed in the Western District of Oklahoma by Local 627, International Union of Operating Engineers, against two officials of the Bureau of Reclamation and the Bureau, seeking to enjoin the opening of bids and the awarding of a construction contract in connection with the Mountain Park Dam Project in…
United States v. Articles of Device Page 9707
This is an action for forfeiture of two machines seized in a doctor’s office under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.…
This is a consolidated appeal from orders dismissing plaintiffs’ complaints for failure to state a claim.…
Reed v. Kroger Co. Page 9711
Appellant brought suit in the United States district court at Indianapolis in November of 1971 purporting to represent all persons similarly situated in an action for damages against Kroger Company.…
The essential issue presented by the Company’s petition to review, and the cross-petition by the National Labor Relations Board to enforce, an order of the Board, 199 N.L.R.B.…
489 F.2d 280 Herman RUSSELL, Appellant,v.Joseph BODNER, Security Officer of the State CorrectionalFacility at Pittsburgh, Pennsylvania et al., Appellees.…
The narrow question on this appeal is whether the amounts paid ‘as fines which were imposed after pleas of guilty to criminal charges made pursuant to a statute which was subsequently determined, retroactively, to be unconstitutional, may be recovered in a coram nobis proceeding attacking the validity of the…
Linroy Davis v. Louis B. Heyd, Sheriff Page 9721
This appeal is by Davis, a state prisoner under a 15-year sentence for manslaughter, from the denial of federal ha-beas relief.1 The central legal issue is nondisclosure by the prosecution of evidence favorable to the petitioner and material to his guilt.…
In this habeas proceeding Appellant-Charles alleges that his conviction for breaking and entering of “The Little Brown Jug” in Brandenton, Florida, and the resultant 15-year confinement are illegal because (i) the Court improperly instructed the jury on the inference that may be drawn from possession of recently…
We are in agreement with the well reasoned opinion of the district court, DeKalb County, Georgia v. Southern Bell Telephone and Telegraph Company, 358 F.Supp. 498 (N.D.Ga.1972), and its judgment is affirmed.
Appellant Iberia Sugar Cooperative, Inc., sued unsuccessfully in the court below for a refund of federal income taxes paid by it for its fiscal years ending March 31, 1963, and March 31, 1964.…
Hughes Air Corporation, d/b/a Air West, seeks review of the orders 1 of the Civil Aeronautics Board (CAB) which require it, as successor in interest to three airlines (Bonanza, Pacific and West Coast), 2 to refund to the government over $1 million of the subsidies its predecessors received for the years 1964-1966.…
United States v. Roscoe Lake Page 9729
A jury found Roscoe Lake guilty of failing to report for a physical examination and failing to report for induction, both in violation of 50 U.S.C.App.…
Wilhelm J. Bruss, Sr. v. C. E. Harris, Warden, United States Penitentiary, Leavenworth, Kansas Page 9734
479 F.2d 392 Wilhelm J. BRUSS, Sr., Petitioner-Appellant,v.C.…
Defendant-appellant Sidney Stein appeals from three orders of the United States District Court for the Southern District of New York, Charles H.…
This is an appeal from an order of the United States District Court for the Southern District of New York granting plaintiffs’ motion for summary judgment.…
Catherine KOBER, Plaintiff-Appellant, v. WESTINGHOUSE ELECTRIC CORPORATION, Defendant-Appellee Page 9741
OPINION OF THE COURT The principal issue before the Court on this appeal is whether the district court should have granted back pay and injunctive relief in an action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C.…
In this case, Arnold Bailey brought suit against the KAWASAKI-KISEN, K.K., aboard which he had been working as a longshoreman, alleging that he sustained certain injuries as a result of the vessel’s unseaworthiness.…
After affording careful and respectful consideration to the views expressed in the majority panel’s disposition of the instant ease,1 this court acting en banc reverses the decision of the panel.…
The initial history of this case appears in the opinion on a prior appeal, Preston v. Mandeville, 428 F.2d 1392 (5th Cir. 1970).…
Monsour v. Cady Page 9750
478 F.2d 1405 Monsourv.Cady 72-1588 UNITED STATES COURT OF APPEALS Seventh Circuit 5/25/73 E.D.Wis., 342 F.Supp. 353 AFFIRMED
Littwin v. Gottschalk Page 9751
478 F.2d 1405 Littwinv.Gottschalk 72-1603 UNITED STATES COURT OF APPEALS Seventh Circuit 5/25/73 1 N.D.Ill.…
United States v. Peter Scott Clifford Page 9754
OPINION Clifford was convicted of failing to submit to induction into the armed forces, 50 U.S.C.…
This appeal is from an order of the District Court for the Eastern District of New York dismissing for want of jurisdiction a civil rights suit brought by two students expelled from Brooklyn Law School, a private non-profit institution, for scholastic deficiency, on the ground that the Law School was not engaged in…
This appeal stems from the recognition of a maritime lien on the Oil Screw Tug “Snipe” in favor of Ring Power Corporation by the district court for the Middle District of Florida sitting in admiralty without a jury.…
United States v. Napoleon Maryland, Jr. Page 9762
Appellant was convicted below of one count of passing counterfeit note with intent to defraud in violation of 18 U.S. C.…
Appellant was found in contempt of Court for his refusal to produce records specified in two summonses issued by the Internal Revenue Service.…
In May 1971, the Illinois Council of County and Municipal Employees Local Union No. 44, affiliated with the American Federation of State, County and Municipal Employees, AFL-CIO (the Union) filed an unfair labor practice charge with the National Labor Relations Board.…
478 F.2d 1405 Sataskarv.Indiana Real Estate Commission 72-1517 UNITED STATES COURT OF APPEALS Seventh Circuit 5/24/73 1 S.D.Ind.…
In this diversity action in which Illinois law controls, the plaintiff appeals from an order of the district court which dismissed his products liability complaint for failure to state a claim upon which relief could be granted.…
OPINION This is an action for declaratory and other relief brought by certain native American Indians.…
United States v. Charles T. Maude Page 9778
This appeal has brought before us appellant’s conviction, by a jury, of violations of 18 U.S.C.…
United States v. Wesley Clyde Brown Page 9779
By decision filed on December 6, 1972, United States v. Brown, D.…
United States v. Fred Fernandez Page 9780
Fred Fernandez has been tried before three juries in the District Court for the Eastern District of New York for the armed robbery of the First Federal Savings & Loan Association on the afternoon of December 24, 1970.…
Sidney O. Sampson v. Ampex Corporation Page 9781
This appeal presents us, apparently for the first time, with issues involving the application in patent infringement litigation of the estoppel rule of Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation, 402 U.S. 313, 91 S.Ct.…
In re Imperial \"400\" National, Inc. Page 9784
Memorandum and Order on Petitions for Rehearing The petition for rehearing filed on behalf of the Circuit Council appears to misunderstand fundamentally the narrow scope of our decision.…
OPINION OF THE COURT This petition was filed by William Biggin, a Canadian citizen, who last entered the United States on August 12, 1968, for a temporary period of time as a nonimmigrant to study for his doctorate in biology at Temple University.…
Sommer Corporation sued United Fruit Company to recover damages to cargo shipped aboard United’s vessel, the HAR BOKER.…
477 F.2d 595 83 L.R.R.M. (BNA) 2983 *S. H.…
476 F.2d 1282 J. D. SANDERS, Petitioner-Appellant,v.W.…
From the beginning of these proceedings the Respondent, Wolverine, has insisted that its distribution center located in Rockford, Michigan is not an appropriate bargaining unit under Section 9 (b) of the National Labor Relations Act, as amended, 29 U.S.C.…
Pitts v. Knowles Page 9796
478 F.2d 1405 Pittsv.Knowles 72-1389 UNITED STATES COURT OF APPEALS Seventh Circuit 5/23/73 W.D.Wis., 339 F.Supp. 1183 AFFIRMED
United States v. Belk Page 9797
478 F.2d 1405 U. S.v.Belk 73-1031 UNITED STATES COURT OF APPEALS Seventh Circuit 5/23/73 1 N.D.Ill.…
United States v. Thurlester Wilson Page 9798
joins (dissenting). I respectfully dissent.…
These two consolidated appeals arise from judgments of conviction entered in the district court for the Northern District of Indiana following a jury trial at which the defendants were found guilty of violating 18 U.S.C.…
A two-count indictment charged Norman Conner and Samuel Mann with violation of 18 U.S.C.…
United States v. Frank Falco Page 9802
OPINION Before ELY and TRASK, Circuit Judges, and EAST, * District Judge.…
This case arises on petition to review an order of the Atomic Energy Commission.…
United States v. Lawrence Miller Page 9805
Following a seven-day trial before Judge Bartels and a jury in the Eastern District of New York, appellant, Lawrence Miller, was convicted on the two substantive counts and one conspiracy count in an indictment arising from a September, 1970, Queens bank robbery.…
Aronson v. Ambrose Page 9807
OPINION OF THE COURT This case involves the question of the constitutional validity of Rule 56(b) (5) of the Rules of the District Court of the Virgin Islands which requires an applicant for admission to the Virgin Islands bar to allege and prove that if admitted he intends to reside in and to practice law in the…
Thomas Gibson was convicted after his second trial in the criminal courts of Atlantic County, New Jersey of manslaughter in the knifing death of his *775 wife Bessie.…
United States v. Eric Wesley Valen Page 9809
OPINION OF THE COURT In this appeal by the government from a district court order suppressing the admission of two suitcases of marijuana in a prosecution under 21 U.S.C.…
This court sitting en banc has given full and careful consideration to the views expressed in the panel’s opinion in this case and a majority of the court has concluded to reverse the opinion of the panel.1 The judgment of conviction entered by the district court upon a jury verdict of guilty is affirmed.…
This is an appeal from a decision of the United States Tax Court disallowing a deduction for the reinvestment of the proceeds from the sale of the taxpayers’ home.…
I The plaintiffs, residential customers of natural gas supplied by the defendant Columbia Gas Company, brought this class action for injunctive and declaratory relief and for damages, alleging that their gas service had been terminated under color of state law in violation of their constitutional right to due process.…
United States v. Edgar Elton Lane Page 9820
Appellant appeals after a jury verdict of guilty to a charge of possessing, selling, and conspiring to sell counterfeit federal reserve notes, in violation of 18 U.S.C.…
We consider the appeal of a Federal Employers’ Liability Act claimant whose complaint was dismissed without prejudice on September 6, 1972, because neither he nor his counsel of record appeared in court to proceed with the trial of his case when it was called on September 5.…
Walter Mark Flanagan v. Jim Rose, Warden Page 9822
This is an appeal from the denial of a writ of habeas corpus.…
These appeals relate to the alleged infringement of a patent which the trial court had found to be valid and infringed in prior litigation between these par *1287 ties.…
478 F.2d 1405 Atlantic Coast Football Leaguev.Redmond 71-1833 UNITED STATES COURT OF APPEALS Seventh Circuit 5/22/73 1 S.D.Ind.…
United States v. Losczyk Page 9825
478 F.2d 1405 U. S.v.Losczyk 72-1227 UNITED STATES COURT OF APPEALS Seventh Circuit 5/22/73 1 N.D.Ill.…
United States v. Steele Page 9826
478 F.2d 1405 U. S.v.Steele 72-1886 UNITED STATES COURT OF APPEALS Seventh Circuit 5/22/73 1 N.D.Ind.…
This is an appeal from sentence on conviction of five counts charging activity with methamphetamine hydrochloride, a “depressant or stimulant drug” under 21 U.S.C.…
Appellants Clark and Knoll appeal from an order granting defendants’ motion for summary judgment entered by the United States District Court for the District of Colorado.…
United States v. Patrick J. O'Shea Page 9833
Petitioner, Patrick J. O’Shea, was convicted in early 1967 of bank robbery and assault with a dangerous weapon, 18 U.…
Alleging numerous errors, Ford Motor Company and Kimnach Ford, Inc. appeal from a judgment, entered on a jury verdict, for personal injuries suffered by Robert Matthews when his car went out of control as a result of a mechanical defect.…
De Raine O. Andry v. Farrell Lines, Inc. Page 9837
In this Jones Act case, 46 U.S.C.A. § 688, the District Court denied plaintiff’s motion for a directed verdict on the questions of negligence and unseaworthiness.…
477 F.2d 594 *Cadeville Telephone Committeev.Chatham Telephone Company, Inc. 73-1448 UNITED STATES COURT OF APPEALS Fifth Circuit May 21, 1973 1 W.D.La.…
This is an appeal from the United States Tax Court, 58 T.C.…
(dissenting) : I respectfully dissent. The majority today holds that the Federal Trade Commission properly relied upon the decision of the National Labor Relations Board in a collateral proceeding, Bambury Fashions, 1969, 179 NLRB 447, which also involved NAWCAS.…
W. K. Company v. C.I.R Page 9844
478 F.2d 1404 W. K. Companyv.C.I.R. 71-1857 UNITED STATES COURT OF APPEALS Seventh Circuit 5/21/73 T.C., 56 T.C.…
Hays v. C.I.R Page 9845
478 F.2d 1404 Haysv.C.I.R. 72-1746 UNITED STATES COURT OF APPEALS Seventh Circuit 5/21/73 1 T.C.…
United States v. Cowart Page 9847
478 F.2d 1405 U. S.v.Cowart 72-1820 UNITED STATES COURT OF APPEALS Seventh Circuit 5/21/73 1 N.D.Ill.…
United States v. Lawrence Eugene Weber Page 9849
Lawrence Eugene Weber has appealed from his conviction of possession and sale of a quantity of LSD.…
This appeal is from a denial of appellant’s 28 U.S.C.…
Daniel E. Marken appeals from the decision denying his prayer for specific performance based upon his alleged preferential right to purchase the working interest in an oil and gas lease owned by one R.…
United States v. Dr. Bruce E. Hodges Page 9855
Appellant was charged in a six-count indictment of unlawfully having sold or caused to be sold and delivered to an agent of the Bureau of Narcotics and Dangerous Drugs (BNDD) six separate quantities of dl-methamphetamine HCL tablets, a “depressant or stimulant drug” within the meaning of 21 U.S.C.…
Henry Lowenstern v. International Association of MacHinists and Aerospace Workers, Afl-Cio Page 9856
This is an appeal from an order of the District Court granting summary judgment in favor of the International Association of Machinists and Aerospace Workers, AFL-CIO (hereinafter IAM) in a dispute over the “vesting” provision of their “Grand Lodge Pensions.” 1 The District Court found that the interpretation of the…
Every person harmed in Puerto Rico as a consequence of maintaining or using a motor vehicle is entitled, regardless of fault, to receive hospital and medical care and to be paid scheduled benefits for dismemberment and other disability.…
United States v. Edward Leavitt Page 9858
Appellant contends that the District Court erred in sentencing him while he was intoxicated.…
The three appellants herein each filed separate individual voluntary petitions *993 in bankruptcy, all of which raise the issue of whether or not, and to what extent, an income tax refund passes to the trustee in bankruptcy as property of the estate.…
OPINION OF THE COURT These are appeals from decisions of the Tax Court that certain payments made by' appellant C.…
*606OPINION OF THE COURT The question presented on this appeal is whether the District Court of the Virgin Islands erred in affirming the decision of the Board of Zoning, Subdivision and Building Appeals of the Virgin Islands, hereinafter called the Board of Appeals, to grant a zoning exception for the construction of…
476 F.2d 1287 83 L.R.R.M. (BNA) 2290, 71 Lab.Cas.…
Andrew Goldberg and Stephen Tash-man, appellants, along with Ronald Os-brach, codefendant, were jointly indicted for violations of 21 U.S.C.…
Charles W. Hoback v. State of Alabama Page 9869
The district court was correct in granting the petition for writ of habeas corpus.…
United States v. Goetz Page 9870
478 F.2d 1404 U. S.v.Goetz 72-1658 UNITED STATES COURT OF APPEALS Seventh Circuit 5/18/73 1 S.D.Ill.…
United States v. Ernest Perry Page 9871
The defendant-appellant, Ernest Perry, has taken this appeal from his eon- *1277 viction in a jury trial on a charge of selling a narcotic drug in violation of Title 26 U.S.C.…
Plaintiff John Shearon (Shearon), a lumber wholesaler doing business as Shearon Lumber Sales, brought an action against Boise Cascade Corporation (Boise), a lumber producer, for breach of an alleged oral contract giving Shea-ron the exclusive right to sell Boise lumber products to Capp Homes of Iowa (Capp), a consumer…
United States v. Joseph Pollard Page 9874
ORDER This cause, having been duly briefed and argued, was submitted to this court on May 17, 1973.…
ORDER Upon due consideration of the proceedings in the district court, the briefs of the parties and argument of counsel, the court is convinced that the district court lacked jurisdiction of the subject matter of this action in that there was not a substantial federal question involved and no other basis for federal…
ORDER This cause is pending before the court on an appeal from the order of the United States District Court denying a temporary injunction.…
Brito v. Zia Co. Page 9881
Alfred Brito, Max Roybal, Richard Lopez, Tony Mier, and Robert Keahbone appeal from a Judgment in their favor brought pursuant to the Civil Rights Act of 1964, 42 U.S.C.A.…
Kirby Frazier and Louis Neville were convicted of knowingly using extortionate means to collect extensions of credit, and conspiring to do so, in violation of 18 U.S.C.…
United States v. Eric Marshall Nagler Page 9886
Eric Marshall Nagler appeals from a judgment of conviction for failure to report for induction into the armed forces in violation of 50 U.S.C.…
Plaintiff Exxon Corporation commenced an action on March 9, 1973 and plaintiffs Getty Oil Co., Gulf Oil Co., Mobil Oil Corporation and Sun Oil Company instituted another action on March 14, 1973, seeking declaratory and injunctive relief against the enforcement of Sections 1403.2-13.11 and 13.12 1 of the…
Ove Skou v. United States Page 9889
In this suit a shipowner seeks damages for the loss of use of its ship while undergoing repairs.…
Louis A. Lapides v. Armorflex Chemical Corporation, Albert D. Greenfield, Movants-Appellants Page 9890
The judgment denying .the motion to quash the levy in this matter is affirmed.…
Hugh Don Smith and Joseph Harold (“Butterball”) Johnson appeal from their conviction by a jury of violating 18 U.S.C.…
Buckner v. Goodyear Tire & Rubber Co. Page 9893
We affirm the judgment of the district court and adopt its carefully considered and well-written opinion, 339 F.Supp. 1108.…
477 F.2d 594 *Fidelity Union Life Insurance Companyv.Protective Life Insurance Company 73-1133 UNITED STATES COURT OF APPEALS Fifth Circuit May 17, 1973 N.D.Tex., 356 F.Supp. 1199 1 --------------- * Summary Calendar cases; Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of
In this habeas corpus proceeding involving a Texas state conviction for robbery with firearms, appellees state in their brief to this Court that they were not required by the district court to respond to appellant’s application for habeas corpus and did not make an appearance in district court.…
480 F.2d 652 Plummer GIDDINGS, Plaintiff-Appellant,v.Elliot L.…
James E. Cunningham v. Jim Rose, Warden Page 9898
This is an appeal from the denial of a writ of habeas corpus.…
477 F.2d 600 73-2 USTC P 9532 Schraderv.Commissioner of Internal Revenue 73-1156 UNITED STATES COURT OF APPEALS Sixth Circuit 5/17/73 1 W.D.Ky.…
480 F.2d 109 Henry L. BEANLAND, Appellee,v.CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellant.…
Gale Hearold Johnson v. John A. Dailey Page 9901
479 F.2d 86 Gale Hearold JOHNSON, Appellant,v.John A.…
The Omaha Department of Public Safety, Division of Police, acting by and through its Police Chief, Richard R.…
In Re George Gates Page 9906
This appeal from a conviction for criminal contempt and $100 fine involves an attorney in a case scheduled for trial, in the District Court, on Tuesday, Au~ gust 3, 1971, who had accepted dates for other matters on Monday, August 2, involving hearings before the Magistrate, and was advised by the District Judge on…
United States v. Haywood Sanders Page 9908
479 F.2d 1193 156 U.S.App.D.C. 210 UNITED STATES of Americav.Haywood SANDERS, Appellant.…
This appeal raises serious questions as to the constitutionality of the lengthy pretrial incarceration of persons accused of crime in the Supreme Court of the State of New York, Kings County, who are unable to furnish bail, where the delay is due solely to the State’s failure to provide the necessary additional…
United States v. John Miller, Jr. Page 9913
John Miller, Jr., a migrant farm labor contractor, was convicted of holding certain persons to involuntary servitude by preventing them from leaving his employ and control 1 2and of twice failing to furnish them with statements of earnings and deductions.…
This appeal raises the issue of whether or not a certain dispute between an employer and a labor union was subject to arbitration under the collective bargaining agreement between the parties.…
United States v. Sherman Cameron Burney Page 9917
Appellant was found guilty by a jury of possession of stolen United States mail matter and uttering a forged United States Treasury check, in violation of 18 U.S.C.…
After this action on a fire insurance policy had been pending for fifteen months, plaintiff failed to have representation at a pretrial conference, the Court having granted an earlier motion for the withdrawal of counsel.…
Burris v. United States Page 9919
478 F.2d 1404 Burrisv.U. S. 72-1310 UNITED STATES COURT OF APPEALS Seventh Circuit 5/16/73 1 N.D.Ill.…
United States v. King Page 9920
478 F.2d 1404 U. S.v.King 72-1432 UNITED STATES COURT OF APPEALS Seventh Circuit 5/16/73 1 S.D.Ill.…
Save the Dunes Council v. Froehlke Page 9921
478 F.2d 1404 Save the Dunes Councilv.Froehlke 72-1537 UNITED STATES COURT OF APPEALS Seventh Circuit 5/16/73 1 N.D.Ind.…
United States v. Muscolino Page 9922
478 F.2d 1404 U. S.v.Muscolino 72-1676 UNITED STATES COURT OF APPEALS Seventh Circuit 5/16/73 1 N.D.Ill.…
OPINION Here and below defendant conceded that he committed an armed bank robbery.…
United States v. Robin Ennette Mason Page 9926
The appellant, a woman, was convicted of the offense of having imported approximately one ounce of heroin from Mexico into the United States.…
Appellant Sawatzki, a real estate broker doing business in Salt Lake City, Utah, as Title Realty Company, appeals from a judgment awarding appellee Steele a total of $4,450 compensatory and punitive damages, together with attorney fees for violation of the Fair Housing Act, 42 U.S.C.…
United States v. Clinton L. Phillips Page 9930
The appellant, charged in a two-count indictment with second degree murder, a violation of 22 D.C.Code § 2403 (1967), and with carrying a dangerous weapon without a license, a violation of 22 D.C.…
OPINION OF THE COURT This is an appeal by the defendant from a judgment of the District Court of the Virgin Islands granting the plaintiff’s motion for summary judgment in its suit to recover the unpaid balance due on a note and to foreclose a purchase money mortgage which secured the note.…
United States v. Mickey John Ryan Page 9936
Defendant-appellant Mickey John Ryan appeals from his conviction by a jury of conspiring to violate and of violating 21 U.S.C.…
Appellants “Frenchy” Brouillette and Joan Clemens were convicted of violating 18 U.S.C.…
Ralph L. McKlemurry v. United States Page 9938
This is an appeal from the district court’s denial of McKlemurry’s motion to vacate judgment and sentence, filed pursuant to 28 U.S.C.…
Ronnie Johnson v. United States Page 9939
Ronnie Johnson, the petitioner in this § 2255 action, was indicted by a grand jury on two separate counts of bank robbery.…
Mr. Entrekin appeals from the denial of a period of disability or disability insurance benefits under the Social Security Act, 42 U.S.C.A., § 405(g).…
Proving again that legislative intent frequently comes to exceed even the wildest imagination of those responsible for enactment, it is ironic that as a product of a laissez-faire society, a 19th Century act is now once again the effective tool in this decade’s awakening awareness of the importance of man’s…
The United Telephone Company appeals from a temporary injunction granted to appellee union against appellant telephone company prohibiting it from pursuing a unit clarification proceeding before the National Labor Relations Board, which proceeding the company had previously filed.…
The appellant was convicted in a Kentucky state court of armed robbery and is presently serving a life sentence.…
United States v. Doody Page 9946
478 F.2d 1404 U. S.v.Doody 72-1476 UNITED STATES COURT OF APPEALS Seventh Circuit 5/15/73 1 N.D.Ill.…
Carbaugh v. Veteran's Administration Page 9947
478 F.2d 1404 Carbaughv.Veteran's Administration 72-1819 UNITED STATES COURT OF APPEALS Seventh Circuit 5/15/73 1 E.D.Wis.…
In this eminent domain proceeding the United States filed a declaration of taking and complaint on March 3, 1966, to acquire fee simple title, perpetual flow-age easements, and lesser interests in property and municipal facilities belonging to the City of Downs, Kansas.…
United States v. Richard J. Taylor, Jr. Page 9950
Appellant Taylor was charged with four counts of selling cocaine in violation of 26 U.S.C.…
United States v. Kevin Patrick Ford Page 9951
This is an appeal from a conviction under 50 U.S.C.…
This appeal challenges two rulings of the district court that plaintiff’s derivative suit on behalf of certain mutual funds of which he is a shareholder is not maintainable because of failure to allege sufficient reason to excuse a prior demand on the directors, and, as to two funds, on the shareholder.…
Roslyn Friedman, Individually and for All Other Persons Similarly Situated v. William Meyers Page 9953
In this purported class action based on alleged fraudulent diversion and misappropriation of funds by promoters and managers of a real estate syndicate Roslyn Friedman, an investor in the venture, appeals from an order of the district court, Sylvester J.…
This case involves a claimed deficiency in Mr. and Mrs. Frank Coker’s joint federal income tax for the calendar year 1966 occasioned by their deduction of Mr. Coker’s commuting expenses to and from his job site.…
Robert W. Simmons v. W. M. Jones and Ernest Walker, Jury Commissioners for Long County, Georgia Page 9958
Robert W. Simmons, the defendant in a pending state court damage action, brought this suit in the federal district court below to compel the jury commissioners of Long County, Georgia, to perform their official duties in accordance with Section 59-106, Georgia Code Annotated.…
United States v. George Broadway Page 9959
George Broadway appeals from his conviction and sentence to three years confinement under a single count 1 which charged him with transporting and causing to be transported in interstate commerce a falsely made and forged security in violation of Title 18, U.S.C.…
In 1935, Burston and two other blacks were tried in the Superior Court of Fulton County, Georgia, on two counts of robbery and on one count of assault with intent to rob.…
Ollie Cornist v. Richland Parish School Board, Elvert Chisley v. Richland Parish School Board Page 9961
Appellant Richland Parish School Board on August 10, 1972 filed a Notice of Appeal from a Judgment dated April 20, 1972, an Amended Judgment dated May 1, 1972, and an Order dated July 20, 1972 which denied Richland’s May 10, 1972 Motion for New Trial as “filed too late” and ordered that “the judgment of this Court of…
Garay and Torres appeal from their jury-trial conviction for possession of approximately fifty-two pounds of marijuana with intent to distribute, in violation of 21 U.S.C.…
476 F.2d 1284 Guadalupe GUAJARDO, Jr., Plaintiff-Appellee,v.Dr. George J.…
The Court on its own motion having determined to consider this cause en banc, It is ordered that the submission of this cause to a panel of Judges Goldberg, *1282 Ainsworth and Ingraham on December 6, 1972 is hereby vacated, and that the above entitled cause shall be heard en banc on briefs with oral argument at a…
Guadalupe Guajardo, Jr. v. C. L. McAdams Warden, Wynne Unit, Texas Department of Corrections Page 9967
476 F.2d 1285 Guadalupe GUAJARDO, Jr., Petitioner-Appellant,v.C.…
478 F.2d 461 83 L.R.R.M. (BNA) 2204, 71 Lab.Cas.…
United States v. Zawarski Page 9969
478 F.2d 1404 U. S.v.Zawarski 72-2039 UNITED STATES COURT OF APPEALS Seventh Circuit 5/14/73 1 N.D.Ill.…
OPINION Simpson Timber Company (“Simpson”) appeals from a condemnation award of $51,408.00.…
United States v. Richard Daniel Alsop Page 9971
A jury found Richard Daniel Alsop guilty of the crime of bank robbery in violation of 18 U.S.C.…
Nancy A. GILLIN, Plaintiff-Appellant, v. FEDERAL PAPER BOARD COMPANY, INC., Defendant-Appellee Page 9975
This is an appeal from a judgment entered on May 30, 1972 in the United States District Court for the District of Connecticut, dismissing damage claims for sex discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.…
The involved history of this case began in July, 1967 with the decision of Judge Bryan in the Southern District of New York, 270 F.Supp. 1004, finding that the confiscation of National City Bank’s property in Cuba was a violation of international law and that Banco Nacional and the Cuban Government were one and the…
Defendant college appeals from a judgment for plaintiff in an action for damages based on injuries he received in a skating accident in February 1968.…
Appellant Richard Anthony Hunter has been convicted by a jury for failure *625to report for induction pursuant to 50 U.S.C.A.App.…
Milian v. Duncan Page 9983
478 F.2d 1404 Milianv.Duncan 71-1790 UNITED STATES COURT OF APPEALS Seventh Circuit 5/11/73 1 N.D.Ill.…
Cochran v. United States Page 9984
478 F.2d 1404 Cochranv.U. S. 72-1832 UNITED STATES COURT OF APPEALS Seventh Circuit 5/11/73 1 S.D.Ind.…
United States v. Raymond Adams Page 9985
This appeal raises the troublesome problem of a warrantless automobile search.…
United States v. Dale Ray Haley Page 9988
This appeal presents the question of whether a statutory miscitation in the indictment mandates a sentence within the limits of the miscited statute.…
United States v. Joe Hutchinson Page 9991
Appellant was convicted of two counts of assault with intent to commit rape.…
This appeal involves a skirmish in the larger and seemingly endless battle of the bankrupt New York, New Haven and Hartford Railroad (“New Haven”) and the bankrupt Penn Central Transportation Co. (“Penn Central”) to achieve a workable long-term solution to their financial problems.…
This is an appeal from a Referee’s order, affirmed by the district court, directing Jane Voss to turn over to the trustee of the bankrupt, Tuller’s, Inc., $17,000, and vacating the security interest she holds in its property.…
Schein v. Chasen Page 9994
Plaintiffs-appellants are stockholders in Lum’s, Inc., a Florida corporation primarily engaged in restaurant franchising.…
United States v. Ralph Mercado Page 9995
Appellant Ralph Mercado was ordered by his local draft board to report for induction on April 5, 1971.…
477 F.2d 1014 Edgar MARTINEZ and Ruth Martinez his wife, Appellants,v.E.…
United States v. Leroy Eddings Page 10003
Appellant was convicted by a jury of two counts of possession and transportation of non-tax-paid whiskey, in violation of 26 U.S.C.…
Kewanee Oil Company v. Bicron Corporation Page 10004
This is an appeal and cross-appeal from a judgment of the District Court which held that the plaintiff-appellant, Kewanee Oil Company, had a protectable property right in 20 of its 40 claimed trade secrets in suit.…
This is an action by appellants, stock purchasers, against a brokerage firm for damages resulting from a violation of a regulation promulgated by the Board of Governors of the Federal Reserve System pursuant to § 7 of the Securities & Exchange Act of 1934, 15 U.S.C.…
478 F.2d 1404 Deardorff-Jackson Co.v.National Produce Dist.…
The action before us was brought by enrolled members of the Standing Rock Sioux Indian tribes against the Tribal Council and its Chairman, Melvin White Eagle, seeking an order enjoining a general tribal election and requiring reapportionment of the elective districts of the Standing Rock Indian Reservation.…
Krause v. Sacramento Inn Page 10008
OPINION Mary Krause, individually and as representative of a class, initiated this action for injunctive and declaratory relief, as well as damages under Title VII of the Civil Rights Act of 1964, 42 U.S.C.…
Venture Investment Co. v. Schaefer Page 10010
Venture Investment Company and its president, James M.…
478 F.2d 1281 24 A.L.R.Fed. 202, Fed. Sec. L.…
This is an appeal from a decision of the United States District Court for the Southern District of New York dismissing the complaint which sought to recover from appellee, a classification society, damages occasioned by the sinking of a ship, the TRADEWAYS II, in the North Atlantic in October, 1965, shortly after her…
United States v. Joseph A. Pierro Page 10013
We are called upon to interpret a portion of Rule 4 of the Second Circuit Rules Regarding Prompt Disposition of Criminal Cases (Rules), now superseded by the Circuit’s Plan for Prompt Disposition of Criminal Cases under Rule 50 (b), F.R.Crim.P., which took effect on April 1, 1973.…
United States v. James F. Phillips Page 10015
Appellant was convicted by a jury of violation of 21 U.S.C.A.…
United States v. Korsky Page 10019
478 F.2d 1404 U. S.v.Korsky 72-1570 UNITED STATES COURT OF APPEALS Seventh Circuit 5/9/73 1 N.D.Ill.…
Hill v. St. Angelo Page 10020
478 F.2d 1404 Hillv.St. Angelo 72-1810 UNITED STATES COURT OF APPEALS Seventh Circuit 5/9/73 1 S.D.Ind.…
Estate of Daisy F. Christ, Deceased, Robert Johnson Christ v. Commissioner of Internal Revenue Page 10022
The only issue in these consolidated income and estate tax cases is the value of the interest received by the decedent, Daisy F.…
Iver W. And Faith S. Swanson v. United States of America, Iver W. Swanson v. United States Page 10023
The Government appeals from a judgment of the United States District Court for the Eastern District of California awarding tax refunds to appellees in two consolidated cases.…
James Cockrum brought this civil rights action under 42 U.S.C.…
478 F.2d 244 Donald HUDSON et al., as representative of a class of allstudents at Southwestern State College, seeking to form anorganization entitled "Viet Nam Veterans Against the War"and/or "Students Against the War," Plaintiffs-Appellants,v.Al HARRIS, Individually and as President of SouthwesternState College, and…
This class action involves allegations of racial discrimination against one of the nation’s largest trucking firms, Speetor Freight Systems, Inc., against one of the nation’s most powerful unions, the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, and against Teamsters Local…
Henry S. Bloomgarden v. Charles B. Coyer Page 10027
This appeal follows appellant Bloom-garden’s unsuccessful effort in the District Court to recover a $1 million finder’s fee.…
United States v. Pedro Martinez Page 10028
Convicted of distributing heroin in violation of 21 U.S.C.…
After a divided panel opinion in this case was filed (the majority and dissenting opinions appear in 471 F.2d 507 (2d Cir. 1972)) a petition for rehearing en banc was granted.…
United States v. Curtis E. McCoy Page 10031
After having been convicted of possession, knowingly, of a check stolen from the mails in violation of 18 U.S.C.A.…
Appellant attacks the basis of a search warrant.…
Container Service Company v. United States Page 10042
Taxpayer, Container Service Company, seeks a reversal of the District Court’s dismissal of its tax refund suit.…
United States v. Joe Alfred Lynch Page 10043
Appellant in this case was convicted after jury trial on a charge of armed bank robbery, in violation of 18 U.S.C.…
The taxpayers appeal from the judgment of the district court which denied their claim for refund of income taxes which they asserted were erroneously assessed and collected.…
United States v. James P. Craven Page 10045
The defendant, James P. Craven, appeals his convictions under a six count indictment charging him with violations of the Federal firearms and narcotics laws.…
Ellis v. C.I.R Page 10047
478 F.2d 1404 Ellisv.C.I.R. 71-1894 UNITED STATES COURT OF APPEALS Seventh Circuit 5/8/73 1 T.C.…
United States v. Tatum Page 10048
478 F.2d 1404 U. S.v.Tatum 72-1141 UNITED STATES COURT OF APPEALS Seventh Circuit 5/8/73 1 N.D.Ind.…
Hayne v. Boeing Co Page 10049
478 F.2d 1404 Haynev.Boeing Co. 72-1261 UNITED STATES COURT OF APPEALS Seventh Circuit 5/8/73 1 N.D.Ill.…
United States v. Wisniewski Page 10050
478 F.2d 1404 U. S.v.Wisniewski 72-1347 UNITED STATES COURT OF APPEALS Seventh Circuit 5/8/73 1 N.D.Ill.…
William James Rogers v. Walter Roth Page 10053
This is an appeal in a diversity negligence action which arose in Kansas from a car-motorcycle collision.…
United States v. Thomas Duffy Page 10055
This is an appeal from a judgment of the United States District Court for the Eastern District of New York affirming a judgment of the Magistrate’s Court for that district which found the appellant guilty of engaging in a business without a permit at the Fire Island National Seashore in violation of 36 C.F.R.…
This appeal by taxpayers John P. Kinsey (Kinsey) and his wife presents the question whether they were entitled to exclude from gross income the liquidating dividends received by DePauw University on shares of stock of Container Properties, Inc. (Container), which Kinsey had given to DePauw after the directors and…
United States v. Paul Guzman Page 10057
Paul Guzman appeals from an order of the United States District Court for the Southern District of New York, Charles M.…
United States v. Gene Arlyn Williams, United States of America v. Robert Brice Elliott, Sr. Page 10059
These appellants were tried together by a jury in the United States District Court for the Western District of North Carolina.…
United States v. Tommy Ray West Page 10064
On May 4, 1972, Tommy Ray West was convicted of possessing and concealing counterfeit Federal Reserve notes and was sentenced to imprisonment for 24 months.…
Plaintiff, George Robinson, was injured while engaged in the unloading of coffee sacks from the M/V Merc Trader, an ocean going vessel owned by Per Henriksen Partrederi and docked in *1332 New Orleans.…
Will Allen Smith v. State of Mississippi Page 10067
■ Presented by the appeal in this federal habeas corpus action is the single question whether petitioner Will Allen Smith is wrongfully incarcerated in the Mississippi State Penitentiary under the U.…
This is an appeal from the granting of judgment on the pleadings and final summary judgment in a contract case.…
United States v. Cleveland Moore Page 10071
Defendant-appellant, Cleveland Moore, was convicted by a jury of unlawfully possessing with the intent to distribute a controlled substance, to wit, heroin, in violation of Title 21 U.S.C.…
James Henry Eisenhardt v. S. J. Britton Page 10073
Proceeding pro se, petitioner James Henry Eisenhardt, a former inmate of the Federal Penitentiary in Atlanta, Georgia, seeks redress in the form of damages from various prison officials for a tort which he dubs “abuse of process.” The genesis of the conflict is a certain misconduct report filed by the defendants and…
Ramon A. Torres v. State of Florida Page 10074
Petitioner Torres alleges that his constitutional right to a speedy trial was denied by the State of Florida because of a seventeen month delay between original arrest and trial.…
United States v. Clay Page 10076
478 F.2d 1404 U. S.v.Clay 72-1100 UNITED STATES COURT OF APPEALS Seventh Circuit 5/7/73 1 N.D.Ill.…
Levya v. Weigel Broadcasting Co Page 10077
478 F.2d 1404 Levyav.Weigel Broadcasting Co. 72-1236 UNITED STATES COURT OF APPEALS Seventh Circuit 5/7/73 1 N.D.Ill.…
United States v. Chiaverotti Page 10078
478 F.2d 1404 U. S.v.Chiaverotti 72-1884 UNITED STATES COURT OF APPEALS Seventh Circuit 5/7/73 1 E.D.Wis., AFFIRMED
This is a timely appeal by condemnee Ark-Mo Farms, Incorporated (Ark-Mo) 1 from final judgment of the District Court entered June 16, 1972, ordering Ark-Mo to refund to the Government by way of restitution $736,891.45 with interest thereon at 6% per annum from June 16, 1972.…
Plaintiff-appellant, Player Pianette, Inc., an Iowa corporation, brought this diversity action in the Nebraska federal district court, charging Dale Electronics, Inc., of Columbus, Nebraska, with breach of a contract dated in late 1963.…
This case, which arises under Montana law, is an action seeking indemnity for money paid by the plaintiff railroad in satisfaction of a claim against it by one of the railroad’s employees injured on the job.…
United States v. Clifford Paul Coleman Page 10084
OPINION Appellant was convicted in a trial without a jury and sentenced for refusal to submit to induction into the armed forces in violation of 50 U.S.C.App.…
United States v. Eric Medina-Flores Page 10087
The appellant was convicted of knowingly and intentionally importing marijuana into the United States and of knowingly and intentionally possessing it with intent to distribute, in violation of 21 U.S.C.A.…
United States v. Richard Floyd McCoy Jr. Page 10088
Richard Floyd McCoy, Jr., was convicted by a jury of aircraft piracy under 49 U.S.C.…
Earl E. Robinson v. Pocahontas, Inc. Page 10090
This is a diversity suit in which plaintiff, Earl E.…
(dissenting): I dissent. The law forbids the publication of these Grand Jury minutes.…
United States v. Coye Boatner Page 10092
Following a six day trial before a jury and Judge Cooper in the Southern District of New York, appellant, Coye Boatner, was convicted of one count of possession of counterfeit money in violation of 18 U.S.C.…
United States v. Luis Castellanos Page 10093
This appeal presents a single substantive question — may a district court order the dismissal of an indictment on grounds of double jeopardy solely because two previous trials of an accused have resulted in deadlocked juries?…
United States v. Griesa Page 10094
On December 20, 1972, a 65 count indictment was returned in the Southern District of New York charging the eight defendants named in the caption of this case with violations of the antifraud provisions of the federal securities laws, the provisions of the federal securities laws proscribing the filing of false…
OPINION OF THE COURT In this appeal, Robert J.…
Nannie Carr Harris, Incompetent, and Robert A. Eubanks, Guardian v. Commissioner of Internal Revenue Page 10101
This is an appeal by the Commissioner of Internal Revenue from a decision of the United States Tax Court, 56 T.C.…
United States v. Paul Louis Harrelson Page 10105
Appellant, Paul Louis Harrelson, brings this appeal from his conviction on two counts of conspiring in violation of 18 U.S.C.…
Bernard Gerard Rafferty v. United States Page 10107
Appellant Rafferty, an Irish national and an ordained Roman Catholic priest, had been admitted to the United States as a permanent resident in 1965.…
477 F.2d 1160 178 U.S.P.Q. 1 WESTWOOD CHEMICAL, INC., Plaintiff-Appellant,v.JOHNS-MANVILLE FIBER GLASS, INC., Defendant-Appellee.WESTWOOD CHEMICAL, INC., Plaintiff-Appellant,v.CERTAIN-TEED PRODUCTS CORPORATION, Defendant-Appellee.WESTWOOD CHEMICAL, INC., Plaintiff-Appellant,v.FERRO CORPORATION, Defendant-Appellee.…
Ridley v. Davidson Page 10110
478 F.2d 1404 Ridleyv.Davidson 72-1165 UNITED STATES COURT OF APPEALS Seventh Circuit 5/4/73 1 N.D.Ill.…
Home Reference Library v. Becker Page 10111
478 F.2d 1404 Home Reference Libraryv.Becker 72-1294 UNITED STATES COURT OF APPEALS Seventh Circuit 5/4/73 1 S.D.Ind.…
United States v. Reeve Page 10112
478 F.2d 1404 U. S.v.Reeve 72-1315 UNITED STATES COURT OF APPEALS Seventh Circuit 5/4/73 1 E.D.Ill.…
United States v. Harman Page 10113
478 F.2d 1404 U. S.v.Harman 72-2040 UNITED STATES COURT OF APPEALS Seventh Circuit 5/4/73 1 N.D.Ind.…
United States v. Turner Page 10114
478 F.2d 1404 U. S.v.Turner 73-1046 UNITED STATES COURT OF APPEALS Seventh Circuit 5/4/73 1 N.D.Ill.…
Raymond Ross v. Walter E. Craven Page 10117
Ross’s federal habeas petition was dismissed on the ground that he failed to exhaust his state remedies.…
United States of America and United States Postal Service v. International Term Papers, Inc. Page 10121
The United States Postal Service seeks to invoke 39 U.S.C.…
478 F.2d 333 Michael F. ELEEY, Appellant,v.Thomas M.…
478 F.2d 73 84 L.R.R.M. (BNA) 2061, 72 Lab.Cas.…
Willard Broxson v. Louie L. Wainwright, Director, Division of Corrections, State of Florida Page 10129
This habeas corpus case is before this court for the second time.…
United States v. Robert D. Phillips Page 10133
In his appeal from a judgment of conviction of unlawful transportation in interstate commerce of stolen property in violation of 18 U.S.C.A.…
477 F.2d 1023 Donald A. DEATS, Appellant,v.Felix RODRIGUEZ, Warden, New Mexico State Penitentiary, Appellee.…
Plaintiff-milk distributor appeals dismissal of his declaratory judgment 1 complaint by the federal district court of Colorado for lack of jurisdiction.…
478 F.2d 915 156 U.S.App.D.C. 5 Lathall D.…
United States v. Phillip Manuella Page 10141
This case involves an attempt by a federal district judge to avoid the two month or so delay, usual in his district (and others), in obtaining presentence reports, by sentencing immediately at conviction subject to subsequent revision.…
Harry H. Hines, Jr. v. United States Page 10149
This is an appeal from the denial of a claim by taxpayer, Harry H.…
In this taxpayer refund suit, plaintiffs’ complaint was dismissed by the District Court because it was not filed within the statutory period of limitations governing' such suits.…
United States v. Harold Dean Averitt Page 10158
477 F.2d 1009 UNITED STATES of America, Plaintiff-Appellee,v.Harold Dean AVERITT, Defendant-Appellant.…
United States v. Anthony Giacalone Page 10159
This is an appeal by the United States from the District Court’s order dismissing an indictment.…
Beer Nuts, Inc. v. King Nut Company Page 10160
This is an appeal by King Nut Company from the granting of summary judgment in a trademark infringement action brought under § 32 of the Lanham Act, 15 U.S.C.…
478 F.2d 1404 83 L.R.R.M. (BNA) 2447, 71 Lab.Cas.…
McDermott v. Computer Micro Systems, Inc Page 10162
478 F.2d 1404 McDermottv.Computer Micro Systems, Inc. 71-1613 UNITED STATES COURT OF APPEALS Seventh Circuit 5/2/73 1 N.D.Ill.…
Howze v. Branch Page 10163
478 F.2d 1404 Howzev.Branch 72-1287 UNITED STATES COURT OF APPEALS Seventh Circuit 5/2/73 1 N.D.Ill.…
This is an appeal from a jury verdict entered in favor of Sanders and against the Hisers, awarding $3,600 damages for fraud and deceit in the sale of a one-acre plot of land.…
United States v. Christopher Joseph Musser Page 10165
(dissenting) : I recognize that a conflict in the circuits now exists on this question and that authorities in some of the circuits support the majority’s view.1 This conflict has been engendered by differing interpretations of the Supreme Court’s decision in Ehlert v. United States (1971) 402 U.S. 99, 91 S.Ct.…
Essick McKinley Bender v. United States Page 10166
Bender appeals the denial without a hearing of his post-conviction petition for relief under 28 U.S.C.…
Nine migrant agricultural workers, protected by pseudonyms, challenge the constitutionality of provisions in various federal and state statutes which operate to exclude them and others so situated from the beneficial provisions of social legislation in such areas as unemployment compensation, minimum hours and wages…
United States v. Nicholas R. Fino Page 10168
These are appeals from convictions entered after a trial by jury in the United States District Court for the Western District of New York on charges of conducting a gambling business in violation of 18 U.S.C.…
This appeal is from a summary judgment granted to a patent licensor against his licensee in a suit for the second payment allegedly due under the license agreement.…
478 F.2d 313 Fred GREEN, Administrator of the Estate of James HenryBruno, a/k/a Jaime Perez Bruno, Deceased, Appelant,v.Frank PARISI, Individually and as trustee for Dorothea Parisi et al.Fred GREEN, Administrator of the Estate of James HenryBruno, a/k/a Jaime Perez Bruno, Deceased, Appellant,v.PHILADELPHIA GAS WORKS…
For reasons sufficiently appearing in the opinion of the District Judge, 347 F.Supp. 1221, we conclude that under Virginia law an appropriation of funds by the City of Richmond for the operation of its jails and Office of City Sergeant did not create an ordinary debt subject to garnishment.…
Because a busy district judge considered and disposed of the merits of *98 cases which were properly before him for the single function of ruling on a Motion to Consolidate several pending actions without first affording appellant Claims, Inc. (Claims) prior notice that such disposition might take place we are…
Splendour Shipping & Enterprises Company, Inc. v. Board of Commissioners of the Port of New Orleans Page 10179
The suit below arose from a collision between the vessel Ocean Splendour and the Florida Avenue Bridge, which spans the New Orleans Industrial Canal in Orleans Parish, Louisiana.…
In this diversity case, Riegel Textile Corporation appeals from a summary judgment granted against it for $403,105.60 on the motion of Central of Georgia Railway Company.…
Dr. Henry M. Collier, Jr., a physician authorized to dispense controlled substances, pleaded guilty to six counts of violating 21 U.S.C.…
This is an appeal by International Paper Company and International Navigation, Limited, from a judgment granting a preliminary injunction prohibiting them from engaging in common carrier activities on two LASH vessels (the acronym deriving from “Lighter-aboard-ship,” descriptive of the motherships which carry barges…
475 F.2d 1402 *dDresser Industries, Inc.v.Insurance Company of North America 73-1217 UNITED STATES COURT OF APPEALS Fifth Circuit May 1, 1973 1 N.D.Tex.…
Plaintiff bank in this action sought recoupment of money in the sum of $5,054 which was set off from the funds of plaintiff bank on the instruction of defendants while the funds were in the hands of the Federal Reserve Bank of Atlanta, Georgia.…
Arthur L. Perry v. Apex Smelting Co. Page 10189
477 F.2d 137 177 U.S.P.Q. 549 Arthur L. PERRY, Plaintiff-Appellant,v.APEX SMELTING CO., Defendant-Appellee.…
The National Labor Relations Board petitions this court for enforcement of its order, 195 N.L.R.B.…
Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board.…
Sebastian A. Anzaldo, Guardian for Gia Anzaldo, a Minor v. S. W. Croes, D/B/A Modern City Motel Page 10192
This is a diversity negligence action in which the jury returned a $55,000.00 verdict for Gia Anzaldo, a minor.…
This appeal taken by the plaintiff Hamilton follows the entry of an adverse judgment in the District of Wyoming after trial to the court sitting without a jury.…
United States v. Murray Bernard Weiner Page 10194
Murray Weiner, then a branch chief for the Securities and Exchange Commission in Washington, D.…
United States v. Domingo Ruiz Page 10195
Appellant Ruiz was convicted below of conspiracy to distribute heroin.…
Lorson Electric Company, Inc. appeals from a decision of the United States District Court for the Southern District of New York, Charles M.…
This action by the Federal Government against a surety on a New York probate-administration bond concerns the estate of Louis Abronzino, a New York resident who died intestate in May 1962.…
478 F.2d 1357 Complaint of CHINESE MARITIME TRUST, LTD.,Plaintiff-Appellant, as Owner of the STEAMSHIPSIAN YUNG, for Exoneration from orLimitation of Liability.REPUBLIC OF VIETNAM and Tong Cuoc Tiep Te (General SupplyAgency) and Union Textile Corp., et al., Cargo Claimants,v.PANAMA CANAL COMPANY, Appellee.…
Plaintiff, Vivadean P. Wallace, is the widow of her husband, Billy Gene Wallace (Wallace).…
Appellant Rodin, plaintiff below, sued the Atchison, Topeka & Santa Fe Rail *684 way Company to recover damages to 82 carloads of potatoes shipped out of Maine during May of 1968.…
The case is before the Court upon the petition of the National Labor Relations Board for enforcement of its order of February 1, 1972, finding the Medical Ancillary Services, Inc. (company) in violation of the National Labor Relations Act by its refusal to bargain with the union (Office and Professional Employees…
This appeal involves the claim of the plaintiff, Farmers-Peoples Bank of Milan, Tennessee (the bank) against the defendant, United States (the government) pursuant to 26 U.S.C.…
477 F.2d 851 James Jonathan MAPP et al., Plaintiffs-Appellants and Cross-Appellees,v.The BOARD OF EDUCATION OF the CITY OF CHATTANOOGA, etc., etal., Defendant-Appellee and Cross-Appellant.…
United States v. Thomas Davidson Page 10218
This is an appeal from conviction after a trial without a jury for violation of 50 U.S.C.…
477 F.2d 599 73-2 USTC P 9640 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.Wayne E.…
478 F.2d 59 73-1 USTC P 9388 UNITED STATES of America, Plaintiff-Appellee,v.Abraham Frank ZIMMERMAN and Sylvia Zimmerman, Defendants-Appellants.…
Advanced Hydraulics v. Clark Equipment Page 10222
475 F.2d 1406 Advanced Hydraulicsv.Clark Equipment 71-1604 UNITED STATES COURT OF APPEALS Seventh Circuit 4/30/73 1 N.D.Ill.…
Bacardi & Co. v. Bacardi Mfg. Jewelers Page 10223
475 F.2d 1406 177 U.S.P.Q. 558 Bacardi & Co.v.Bacardi Mfg.…
United States v. Seymour & Iwami Page 10224
475 F.2d 1406 U. S.v.Seymour & Iwami 72-1808 UNITED STATES COURT OF APPEALS Seventh Circuit 4/30/73 1 N.D.Ill.…
United States v. Kaiser Page 10225
475 F.2d 1406 U. S.v.Kaiser 72-1823 UNITED STATES COURT OF APPEALS Seventh Circuit 4/30/73 1 E.D.Ill.…
United States v. Douglas Alan Wilson Page 10229
Douglas Alan Wilson was convicted after a nonjury trial of refusal to submit to induction into the armed forces in violation of 50 U.S.C.…
Wrone, presently an inmate in the Oklahoma State Penitentiary, brought an action under 28 U.S.C.…
Jerome Rosenberg v. Raymond v. Martin Page 10235
Jerome Rosenberg, the successful plaintiff in this civil rights action under 42 U.S.C.…
Marco Antonio Rivera v. United States Page 10236
OPINION OF THE COURT This is an appeal from a denial by the district court of a motion under 28 U.S.C.A.…
477 F.2d 841 In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor.Appeal of BETHLEHEM STEEL CORPORATION, a Delawarecorporation in No. 72-1292.Appeal of REPUBLIC STEEL CORPORATION, Cleveland, Ohio in No.72-1293.Appeal of BLUEBIRD FOOD PRODUCTS COMPANY in No. 72-1294.Appeal of HARRY R.…
Defendant-appellant Dowell, a division of The Dow Chemical Company, (Dow-ell) was preparing to diversify its business to include the stimulation of old oil and gas wells (workover) in the Gulf of Mexico.…
Abraham Joseph Neal Rhodes, Who Now Uses the Name Abraham J. Rosenberg v. Bureau of Prisons Page 10245
This is an appeal from an order of the district court dismissing a civil rights action filed pursuant to 42 U.S.C.…
Larry Jones v. State of Georgia Page 10246
Court-appointed counsel for appellant, a Georgia state prisoner habeas applicant, has asserted one principal error on this appeal.…
The judgment is affirmed for the reasons stated in the opinion of Judge Carl O.…
United States v. Frances Felicia Stith Page 10251
This is an appeal from the conviction of Frances Felicia Stith under a one count indictment charging her with embezzlement of funds from a federally insured bank in violation of 18 U.S.C.…
The appellants, Jit Sun Loo, Ah Cheng Loo and Ah Sooi Wong, and five other persons, were charged in an indictment with conspiracy to import approximately 17.5 pounds of heroin into the United States in violation of Title 21, United States Code, Sections 952 (a) and 963.…
A jury found Walker guilty of failure to file income tax returns for 1965 and 1966 in violation of 26 U.S.C.…
Safe Flight Instrument Corporation (Safe Flight) brought this patent infringement action in the United States District Court for the Central District of California on December 31, 1968.…
United States v. Harry S. Cross, Jr. Page 10259
The United States brought this action seeking an injunction to prevent Harry S.…
United States v. Fred Bertram Page 10260
This is a Selective Service prosecution in which the defendant-appellant was charged with having failed to register, thereby violating 50 U.S.C.…
Utah International, Inc., seeks direct review by us of an order of the Environmental Protection Agency entered on July 27, 1972, concerning the State of New Mexico’s Implementation Plan as such relates to the attainment and maintenance of national ambient air quality standards for sulphur oxides in the New Mexico…
On the night of July 3, 1971 the appellant Smith shot and killed Elroy W.…
joins, concurring in part and dissenting in part: I concur with the majority in affirming the denial of Kircher’s motion for jury trial, but I dissent from the majority’s affirmance of the dismissal of the complaint as to Coleman and Drexel & Co. I join in Judge Hays’ eminently sound opinion.…
OPINION OF THE COURT After the district court entered its September 23, 1971 order denying defendant’s motion for judgment n.…
Inland Terminals, Inc. v. United States Page 10266
When the Internal Revenue Service assessed accumulated earnings taxes and interest against Inland Oil and Chemical Corporation (Inland Oil) and its wholly-owned subsidiary, Inland Terminals, Inc. (Terminals), for the taxable years ended December 31, 1965, and August 31, 1965, respectively, both paid the respective…
475 F.2d 1400 83 L.R.R.M. (BNA) 2543, 71 Lab.Cas.…
Pursuant to § 10(e) of the National Labor Relations Act, ás amended 29 U.S.C.…
Appellant, Roy Alton Lane, is currently an inmate of the Atlanta Federal Penitentiary.…
United States v. Joe Grady Murrah Page 10274
Joe Grady Murrah appeals from his judgment of conviction and sentence to concurrent ten and five year confinement sentences for (1) aiding and abetting the robbery of an FDIC insured bank, (Title 18, U.S.C.…
United States v. Donald Eugene Robertson Page 10279
On January 11, 1972, defendant-appellant Donald Eugene Robertson (taxpayer) was charged with using a communication facility to facilitate the importation of a controlled substance into the United States in violation of Title 21, U.S.C., Section 843(b).…
In March 1965, Michael Levy, doing business as Mike’s Market, was authorized to participate in the Food Stamp Program pursuant to the Food Stamp Act of 1964 and its implementing regulations.…
United States v. Kustok and McAdrian Page 10283
475 F.2d 1405 U. S.v.Kustok and McAdrian 72-1072, 72-1073 UNITED STATES COURT OF APPEALS Seventh Circuit 4/26/73 1 N.D.Ill.…
475 F.2d 1406 First National Bank of Chicagov.Kleindienst 72-1324 UNITED STATES COURT OF APPEALS Seventh Circuit 4/26/73 1 N.D.Ill.…
In the Matter of the Petition for Naturalization of Antal Kovacs. Antal Kovacs v. United States Page 10289
This is an appeal from an order of the United States District Court for the Southern District of New York, the late Edward C.…
United States v. James Seth Stewart Page 10290
James Seth Stewart, Jr., appeals from a judgment of conviction for willful refusal to submit to induction in the Armed Forces, 50 U.S.C.…
*586 OPINION OF THE COURT. The defendant- Roberto Cruz was convicted on February 10, 1972, by a'jury in the district court of the Virgin Islands of selling heroin in violation of 19 V.I.C.…
Carol E. Thouron v. Carol Victoria K. McCoy Page 10293
*455OPINION OF THE COURT The district court sitting in a diversity case in Delaware concluded that a Delaware state court would apply Pennsylvania law to the undisputed facts in this case.…
Lois G. Pope v. Travelers Insurance Company Page 10294
In this diversity action, the plaintiff, Lois G.…
United States v. Michael W. McCoy Page 10296
Michael W. McCoy appeals from the district court’s decision denying his motion to withdraw his guilty plea.…
Michael Marion and Sanford Hoskow, appellants herein, were indicted on October 7, 1970, along with seven others.…
Defendants were both convicted of bank robbery and murder, in a jury trial before Judge Theodore Levin.…
United States v. William Craig Page 10301
Defendant was convicted on two counts of selling narcotics.…
This appeal is from a summary judgment in favor of the plaintiff in an action for infringement of its trademark, “OLD DUTCH” registered in the United States Patent Office as No. 648,659 on July 16, 1957.…
Collins v. United States Page 10305
475 F.2d 1405 Collinsv.U. S. 72-1106 UNITED STATES COURT OF APPEALS Seventh Circuit 4/25/73 1 S.D.Ill.…
United States v. Wethington Page 10306
475 F.2d 1405 U. S.v.Wethington 72-1886 UNITED STATES COURT OF APPEALS Seventh Circuit 4/25/73 1 S.D.Ind.…
We are asked on this appeal to reverse the trial court and to hold, as a matter of law, that two employees of the City of Texarkana, Arkansas, were discharged in violation of their constitutional rights — primarily the right to associate freely with persons of all races.…
On March 20, 1972, while serving as a captain in the United States Army, the petitioner, Robert S.…
United States v. Tommy Bruce Glasgow Page 10312
The defendant, Tommy Bruce Glasgow, was convicted of violating 18 App.…
United States v. Roger Morris Thundershield Page 10313
Roger Morris Thundershield was convicted of transporting a stolen vehicle in interstate commerce, knowing the vehicle to have been stolen, in violation of 18 U.S.C.…
Griffin v. Pacific Maritime Ass'n Page 10314
A group of longshoremen appeal from an order granting summary judgment in favor of their union and certain employers.…
OPINION This wrongful death action was brought by the widow of Paul DeCamp against the United States under the Tort Claims Act, 28 U.S.C.…
On June 24, 1971, the Petitioner-Appellant, Robert Kenneth Schoultz *843 (Schoultz), filed his pro per petition seeking 28 U.S.C.…
OPINION “Hunza” seems to be a word with some sales appeal when exploited in the rapidly growing health foods business.…
In 1967 Jean Baker, as a result of plea bargaining, entered pleas of guilty and sentence was imposed by the United States District Court for the Southern District of Florida.…
Appellant, an inmate of the federal penitentiary in Atlanta, Georgia, appeals from the denial by the United States District Court of his petition for mandamus to force the prison authorities to allow him the use of typewriters for legal correspondence and matters other than formal motions to the courts.…
This is an appeal from a District Court order which granted a conditional writ of habeas corpus to Seanarfis Rivers who was in custody of the State of Michigan.…
This case involves an interchange agreement between two railroads.…
United States v. Anthony Joseph Gargotto Page 10330
Appellant was convicted on 13 counts of filing false wagering excise tax returns and two counts of failing to file such returns and was sentenced to five years imprisonment on each count, the sentences to run concurrently.…
United States v. Byron, Prucha and McGee Page 10331
475 F.2d 1405 U. S.v.Byron, Prucha and McGee 72-1573 UNITED STATES COURT OF APPEALS Seventh Circuit 4/24/73 1 N.D.Ill.…
Robert Michael Woosley v. United States Page 10333
with whom MEHAFFY and STEPHENSON, Circuit Judges, join (dissenting).…
Nolan v. Judicial Council Page 10337
OPINION OF THE COURT These consolidated appeals from two proceedings in the New Jersey District Court present a single issue, the propriety, viewed in the circumstances under which it was adopted, of a resolution of the Judicial Council of the Third Circuit (Council), dated February 10, 1972, which provides as…
OPINION OF THE COURT Plaintiffs (appellants) in this case are the Amalgamated Workers Union of the Virgin Islands and four of its members, suing on behalf of all members of the union who have worked a “rotating shift” for defendant Hess Oil *577 Virgin Islands Corporation.…
Two questions are presented on appeal in this Louisiana-based diversity case: (1) whether the work that Mechanical Contracting Engineers, Inc., performed for Chevron at its plant in Belle Chase, Louisiana, was, as a matter of law, part of Chevron’s “trade, business, or occupation” for the purposes of establishing…
Ernest Jackson Cottle, appellee herein, was convicted of robbery in the Duval County Criminal Court of Record and on September 14, 1956, was sentenced to serve a term of twelve years in the state penitentiary.…
Lamar Rudd v. State of Florida Page 10344
This appeal is by the State of Florida from the issuance of a writ of habeas corpus for Lamar Rudd, a state prisoner serving a 40-year term for armed robbery of a store.…
This is an appeal by the Commissioner of Internal Revenue (the Commissioner) from a decision of the Tax Court (C.…
Bennett v. United States Page 10348
475 F.2d 1405 Bennettv.U. S. 72-1074 UNITED STATES COURT OF APPEALS Seventh Circuit 4/23/73 1 N.D.Ind.…
478 F.2d 29 Robert RUIZ, Plaintiff,v.HAMBURG-AMERICAN LINE, a corporation, et al.,Defendant-Third-Party Plaintiff-Appellant,v.JONES STEVEDORING COMPANY, Third-Party Defendant-Appellee.…
Northern Fishing & Trading Co. v. Grabowski Page 10351
OPINION Before CARTER, CHOY and GOODWIN, Circuit Judges.…
Gilbert F. Sieling was charged by information in the Arizona Superior Court with three counts of assault with a deadly weapon, and five counts of assault to commit murder.…
United States v. Jose Rafael Torres Page 10353
Torres appeals his conviction for importing and possessing cocaine and heroin.…
In this diversity action, the plaintiff, suing through her father, recovered a judgment against Colorado College in the amount of $150,000.00.…
United States v. Wayne C. Fleming Page 10355
Pursuant to 18 U.S.C. § 3401, Wayne C. Fleming, the appellant, waived his *57 right to be tried before a judge of the district court and consented to a trial before a United States Magistrate for the Western District of Oklahoma.…
Rojelio E. Rivera v. E. O. Toft, Warden Page 10356
Rivera and others, inmates of the Federal Reformatory at El Reno, Oklahoma, filed this action in the district court seeking a declaratory judgment and injunctive relief.…
Rafael Santana v. United States Page 10357
This appeal raises the question whether a judgment on a plea of guilty may be set aside where the use at trial of the evidentiary presumptions in the statute is subsequently invalidated.…
United States v. Robert L. Reiss Page 10359
Appellant, convicted of having unlawfully refused to register with the Selective Service System, a requirement of the Military Selective Service Act of 1967, 50 U.S.C.…
United States v. Ronald Richard Fisher Page 10360
Ronald Richard Fisher appeals from a judgment of conviction, entered upon jury verdicts, for failing to report for induction into the armed forces and failing to keep his local selective service board advised of his address.…
United States v. John Russell Karnap Page 10361
Complaining that hearsay evidence was admitted against him and that he never received the order to report for induction, the defendant appeals his conviction on both counts of a two-count indictment charging (1) that he wilfully and knowingly failed to report for an Armed Forces physical examination, and (2) that he…
This diversity case involves Louisiana products liability law.…
This case presents the question whether a trial court should instruct a jury on a theory of liability not mentioned in the pretrial order but supported by evidence introduced at the trial without objection.…
Ewing Corp. v. Mohawk Rubber Co Page 10370
475 F.2d 1405 Ewing Corp.v.Mohawk Rubber Co. 72-1258 UNITED STATES COURT OF APPEALS Seventh Circuit 4/20/73 1 S.D.Ind.…
United States v. Marks Page 10371
475 F.2d 1405 U. S.v.Marks 72-1766 UNITED STATES COURT OF APPEALS Seventh Circuit 4/20/73 1 N.D.Ill.…
John R. Thompson Co. v. United States Page 10372
Plaintiff John R. Thompson Co. is a corporate restaurateur.…
United States v. Edward Hurse Page 10377
This case involves an appeal from a conviction, upon a jury verdict, of guilty to a charge of possession of an unregistered shotgun, in violation of 26 U.S.C.…
Donna Jean Austin, appellant, petitioned the United States District Court for the District of South Dakota for a writ of habeas corpus, pursuant to 28 U.S.C.…
David Kend v. Chroma-Glo, Inc. Page 10379
A judgment for the plaintiff (appel-lee) for the sum of $51,597.27 was entered on a jury verdict in a diversity action brought in the United States District Court for the District of Minnesota.…
United States v. Jake Frank Richardson Page 10380
The defendant, Jake Frank Richardson, appeals from his conviction of possessing heroin with intent to distribute and distributing heroin, in violation of 21 U.S.C.…
The plaintiff, Donald E. Moran, appeals from the judgment dismissing his claim for personal injury damages allegedly arising from the defendant Ford Motor Company’s breach of warranty and negligence.…
United States v. George Ronald Dugan Page 10383
George Ronald Dugan was indicted jointly with Arthur Lewis, Jr., and Maggie Lewis, husband and wife, in a three count indictment charging two counts of possessing chattels stolen from a vehicle moving in interstate commerce, in violation of 18 U.S.C.…
Petitioner, Shu Fuk Cheung, appeals the Board of Immigration Appeals’ affirmance of the Special Inquiry Officer’s decision finding him in violation of 8 U.S.C.A.…
United States v. Earthia B. Wiley Page 10385
Earthia B. Wiley was originally indicted for knowingly receiving and possessing a firearm, after having been convicted of a felony, under 18 App.…
We are again confronted, as we were in United States v. Burton, 475 F.2d 469 (8th Cir. 1973), 1973, with a controversy over the warrantless search of the luggage of an airline passenger and the question whether contraband found incident thereto was improperly admitted into evidence.…
Betsy A. Jennings v. Ilus W. Davis Page 10388
This is an appeal from a dismissal of appellants’ civil rights action under 42 U.S.C.…
Roy Malcolm Roberts and Carl Houston Roberts, father and son, pursuant to 28 U.S.C.…
The primary issue on this appeal is-whether the trial court erred in refusing to enjoin the defendants from proceeding with all activities relating to the construction of the Harry S Truman Dam and Reservoir Project on the Osage River in Missouri, pending the filing of a *1035 final Environmental Impact Statement…
Thomas A. Moody v. United States Page 10391
Thomas A. Moody appeals his conviction, based upon a jury verdict, finding him.…
Joseph Charles James v. United States Page 10392
This is a timely appeal by Joseph Charles James, hereinafter called defendant, from order denying his 28 U.S. C.…
United States v. Tyrone Wilkins Page 10393
Defendant Wilkins has taken a timely appeal from his conviction by a jury on a charge of bank robbery in violation of 18 U.S.C.…
United States v. Charles H. Jackson Page 10395
A nine-count indictment charged the defendant Jackson with aiding and assisting in the preparation and presentation to the Internal Revenue Service of materially false and fraudulent Individual Income Tax 1040 Forms in violation of 26 U.S.C.…
479 F.2d 26 Thos. F. BURNS, on behalf of himself and on behalf of allother persons similarly situated, Appellant,v.AMERICAN NATIONAL BANK AND TRUST COMPANY, a National BankingAssociation, Appellee.Fred FISHER, on behalf of himself and on behalf of all otherpersons similarly situated, Appellant,v.The FIRST NATIONAL…
In the beginning of 1967, taxpayer, Marcia Seaman, was legally married.…
In this case the National Labor Relations Board has petitioned for enforcement of its order entered against respondent Natchez Trace Electric Power Association requiring the Association to bargain with the union certified by the Board.…
Ford Motor Credit Company (FMCC) appeals from a summary judgment forfeiting title and possession of a 1969 Plymouth Fury automobile to the United States.…
477 F.2d 138 Edward W. HAVENS, Plaintiff-Appellant,v.Caspar W.…
Raymond R. Stone v. Louie L. Wainwright, Director, Etc., Eugene P. Huffman v. James F. Tompkins Page 10412
This is an appeal by the State of Florida from the granting of federal habeas relief to two men who had been convicted of violating Florida’s “felony sodomy statute,” Fla.Stat.Ann.…
United States v. Jeffrey Stuart Falk Page 10414
join (dissenting). Prior to his trial defendant moved to dismiss Counts II, III and IV of the indictment charging him with failure to possess his Selective Service registration card and his 1968 and 1969 I-A classification cards.…
477 F.2d 767 UNITED STATES of America ex rel.…
Edgar Allen Jorgenson, Jr. v. United States Page 10417
Petitioner appeals from the district court’s denial of his petition brought under Title 28 U.S.C.…
The Dow Chemical Company v. William D. Ruckelshaus, Administrator Environmental Protection Agency Page 10418
The Dow Chemical Company (hereinafter Dow), aggrieved by an “Order and Findings of Fact of the Administrator Pursuant to Section 4(c), F.I.F.R.A.,” 1 sought mandamus 2 against William D.…
United States v. James Patterson Page 10419
Appellant in this case was indicted on 14 counts of stealing United States Treasury checks in violation of 18 U.S.C.…
Helen Matya v. United States Page 10420
Plaintiff Helen Matya brings this appeal from the denial of a preliminary injunction sought against the United States to prevent the Internal Revenue Service from seizing and selling her retail liquor business to satisfy a tax lien filed against herself and her husband, Charles J.…
This appeal 1 is another episode in the tax difficulties that has engulfed the appellant Richard R.…
The Commissioner of Internal Revenue appeals from a Tax Court decision permitting Realty Loan Corporation, an accrual-basis taxpayer, to report the income from the sale of a business on the installment basis.…
The National Labor Relations Board seeks enforcement of its order issued against Goshen Litho, Inc. (Company) on May 9, 1972.…
United States v. John C. Kiffer Page 10428
Appellants John Kiffer, James Kehoe and Robert Harmash mount a broadside attack on the constitutionality of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (“the Act”), 21 U.S.C.…
This appeal raises the question of whether the federal judiciary should, at the instance of victims, compel federal and state officials to investigate and prosecute persons who allegedly have violated certain federal and state criminal statutes.…
United States v. Leland Laird Holby Page 10430
Leland Laird Holby appeals from a judgment of conviction for knowing, wilful and unlawful refusal to submit to induction in the armed forces of the United States, in violation of 50 U.S.C.…
OPINION OF THE COURT This is an appeal by the defendant from a judgment of the District Court of the Virgin Islands, 9 V.I.…
OPINION OF THE COURT This is an appeal by the defendant from á judgment of the District Court of the Virgin Islands convicting him of robbing one Howard Hambler of a sum of money.…
Old Dominion Box Company, the taxpayer, appeals from a judgment of the district court denying it a refund of income taxes in the amount of $31,796.14 and interest, which it had paid following disallowance by the Commissioner of Internal Revenue of a deduction for a $75,000 charitable contribution to the Dillard…
These are actions for refund of federal income taxes.…
United States v. Connie Stumpf Page 10437
Defendant, who entered a guilty plea to the misdemeanor charge of willful obstruction of mail, 18 U.S.C.…
Plaintiff filed suit claiming damages for injuries sustained in an assault by Pettis, a fellow crew member of a shrimp trawler, claiming unseaworthiness of the vessel and negligence of its owners.…
Morrow v. Crisler Page 10440
This is a civil rights suit involving racial discrimination in employment and working conditions in the Mississippi Highway Safety Patrol.…
477 F.2d 920 Fed. Sec. L. Rep. P 93,944SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee,v.NATIONAL BANKERS LIFE INSURANCE COMPANY et al., Defendants,Tom Max Thomas et al., Defendants-Appellants.…
United States v. Joe Leal Morales, United States of America v. Rudolfo Rodriguez Gonzales Page 10444
Joe Morales and Rudolfo Gonzales, along with Andres Vargas, were tried jointly and each was found guilty of conspiring to defraud an agency of the United States Government, the Bureau of Narcotics and Dangerous Drugs (hereafter BNDD), 1 by intentionally selling to a BNDD agent a nonnarcotic substance (wheat) which…
John Ford, a prisoner of the State of Louisiana, has appealed from the district court’s denial of his petition for habeas corpus relief.…
Mrs. Urias was injured when she was pinned between an iron fence surrounding a reboarding area at the international border and a streetcar operated by El Paso City Lines [El Paso].…
On this second appeal from the denial of Turnbow’s third federal habeas corpus petition we affirm the district court’s finding that Turnbow was adequately advised of his right to appellate counsel.…
Appellant, a Florida state prisoner, appeals from the denial by the United States District Court of habeas corpus relief.…
Paul Duhart v. United States Page 10452
In July 1965, a jury verdict was returned against appellant finding him guilty of bank robbery and assault in violation of 18 U.S.C.…
This appeal constitutes another chapter in the attempt to implement equal employment opportunities in the highway construction industry in Madison and St. Clair Counties, Illinois.…
Piland v. Eidson Page 10455
On September 15, 1971, appellant, while stationed at a Navy Facility, Mare Island, California, submitted his application for discharge from the Naval Service as a conscientious objector.…
United States v. Judi Ann Holtz Page 10457
479 F.2d 89 UNITED STATES of America, Plaintiff-Appellee,v.Judi Ann HOLTZ, Defendant-Appellant.…
United States v. Robert Blaine Boyd Page 10458
This case presents a question of first impression as to the validity of Regulations of the Department of the Interior prohibiting discharges of oil into the navigable waters of the United States.…
This is an appeal from an order of Hon. Irving Ben Cooper, United States District Court Judge for the Southern District of New York, entered on July 7, 1972, granting the relator’s petition for a writ of habeas corpus, after a hearing, pursuant to 28 U.S.C.…
Jurinko v. Edwin L. Wiegand Co. Page 10463
OPINION OF THE COURT The plaintiffs-appellees cross-appellants, Mrs. Josephine Jurinko and Mrs. Ida M.…
This diversity action stems from a dredging subcontract between plaintiff Boyd Construction Company and defendant T.…
In conformity with the requirements established by Anders v. California, 1967, 386 U.S. 738, 87 S.Ct.…
McCrory filed a claim with his insurer, Government Employees Insurance Company, to invoke the uninsured motorist provision in his policy after he was injured in an automobile accident with Hall which occurred on the Fort Benning Military Reservation in Georgia.…
United States v. Joe Summerville Page 10474
Joe Summerville, his wife Evelyn Lue Summerville, and their daughter, Betty Lue, were convicted by a jury of possessing and transporting 105 gallons of nontaxpaid whiskey in violation of 26 U.S. C.A.…
ORDER The National Labor Relations Board seeks enforcement of its order issued May 25, 1972 against Buckeye Floral Company as reported at 197 NLRB No. 21.…
Tupperware Company, a Division of Dart Industries, Inc. v. National Labor Relations Board Page 10478
ORDER This case is before this Court upon the petition of Tupperware Company for review of an order entered by the National Labor Relations Board finding it guilty of violating Section 8(a)(3) and (1) of the National Labor Relations Act, by discharging its employee Wade Richardson because of his union activities.…
United States v. Claude Kilpatrick Page 10479
Claude Kilpatrick appeals from his conviction upon jury trial of unlawful possession of untaxed distilled spirits— “moonshine” — in violation of 26 U.S.C.…
Impact Die Casting v. N.L.R.B Page 10481
475 F.2d 1405 84 L.R.R.M. (BNA) 2128, 71 Lab.Cas.…
This appeal involves the meaning of the requirement under the Freedom of Information Act that documents be “identifiable” before disclosure is required.…
This is an appeal from a judgment of the United States District Court for the District of Connecticut, 339 F.Supp. 613, granting an injunction prohibiting the defendant International Union, its general executive board, its officers and representatives from interfering with or otherwise restricting the plaintiff Local…
OPINION OF THE COURT The relator Gaugler is now serving a two to four year sentence imposed by a Pennsylvania court following his conviction for burglary and larceny.…
In his habeas corpus petition, Neal seeks review of the district court’s determination that he is extraditable to Canada.…
Wecker v. Kilmer Page 10503
475 F.2d 1405 Weckerv.Kilmer 71-1856 UNITED STATES COURT OF APPEALS Seventh Circuit 4/16/73 1 N.D.Ind.…
United States v. Rico Page 10504
475 F.2d 1405 U. S.v.Rico 72-1440 UNITED STATES COURT OF APPEALS Seventh Circuit 4/16/73 1 N.D.Ill.…
This case had its origin in an effort by certain of the employees of the Petitioner, Harper & Row Publishers, Inc. (hereinafter, the “Company”), to unionize their plant, affiliating with (originally) Teamsters Local 682.…
James Boyd MacKey v. Raymond K. Procunier Page 10510
Appellant is a state prisoner, serving a term of imprisonment at Folsom State Prison, Represa, California.…
The question presented is taxpayers’ right to a casualty loss deduction under § 165(c)(3) of the Internal Revenue Code of 1954, by virtue of loss in property value following an earthslide.…
Bustos v. Mitchell Page 10516
This case challenges the legality of the system whereby the Immigration and Naturalization Service1 for many years has permitted and continues to permit Mexican aliens 2 to commute either daily or seasonally from their place of residence in Mexico to employment in the United States.…
Appellant Arias Flores appeals from a conviction of importing cocaine in violation of 21 U.S.C.…
The plaintiffs, Barbara B. Sack, a resident of Massachusetts, and three other residents of that state, acting as trustees of a Massachusetts profit sharing trust, brought this action in the District Court for the Southern District of New York in March 1972 against the partners of Bear, Stearns & Co., a brokerage firm…
This is an appeal from the entry of an order denying a stay pending arbitration and enjoining the defendant-union from pursuing any actions or proceedings arising out of the contract breach at issue in this lawsuit.…
Appellants, Cecil Stembridge and Jessie Lee Stembridge, his wife, were each convicted of (1) conspiring, in violation of 18 U.S.C.…
In this case we are asked to decide whether under all the evidence presented the district court committed error in refusing to grant appellant’s motion for judgment notwithstanding the verdict of the jury or in the alternative to grant a new trial.…
ORDER We consider the petition of Scott-Gross Company, Inc., to review and set aside an order of the National Labor Relations Board issued June 12, 1972 and reported at 197 NLRB No. 75.…
477 F.2d 597 1973-1 Trade Cases 74,567 Kibsgard Sports Car Center, Inc.,v.Great Lakes Car Distributors, Inc. 72-2215 UNITED STATES COURT OF APPEALS Sixth Circuit 4/13/73 N.D.Ohio VACATED AND REMANDED
Wayne Discount v. United States Page 10532
475 F.2d 1405 Wayne Discountv.U. S. 72-1388 UNITED STATES COURT OF APPEALS Seventh Circuit 4/13/73 1 N.D.Ind.…
Hamlet Steak House v. N.L.R.B Page 10533
475 F.2d 1405 Hamlet Steak Housev.N.L.R.B.…
Rodriguez v. Gray Page 10534
475 F.2d 1405 Rodriguezv.Gray 72-1678 UNITED STATES COURT OF APPEALS Seventh Circuit 4/13/73 1 W.D.Wis.…
United States v. Grass Page 10535
475 F.2d 1405 U. S.v.Grass 72-1747 UNITED STATES COURT OF APPEALS Seventh Circuit 4/13/73 1 N.D.Ind.…
United States v. Krause Page 10536
475 F.2d 1405 U. S.v.Krause 72-1764 UNITED STATES COURT OF APPEALS Seventh Circuit 4/13/73 1 E.D.Wis.…
American Public Life Ins. Co. v. Virgil Wheeler, Virgil Wheeler v. American Public Life Ins. Co. Page 10538
Virgil Wheeler brought an action for a declaratory judgment against American Public Life Insurance Company (American Public) in an Arkansas state court, to interpret a policy of insurance issued to Wheeler by American Public's predecessor, Washington Standard Life Insurance Co. (Washington Standard).…
These petitions for review raise a common question under section 241(f) of the Immigration and Nationality Act, 8 U.S.C.…
It is the ORDER of this court that Attorney Lawrence Marquette is relieved as counsel in the above appeal.…
United States v. Walter C. Robson Page 10541
The government has appealed from an order of the district court suppressing certain exhibits.…
This is an appeal from an order of the Federal Communications Commission granting Intervenor, WNJR Radio Co., interim authority to operate radio station WNJR, Newark, New Jersey.…
On July 16, 1965, Amadeo Santelises, a citizen of the Dominican Republic residing in the United States, was charged in a twenty-seven count indictment with various offenses connected with the preparation and use of false immigration documents.…
United States v. Angel Domenech Page 10545
Appellant Angel Domenech was indicted, with co-defendants Morales and Pereira, for conspiring to distribute and possess with intent to distribute over 100 grams of heroin (count 1), and for the substantive offense of distributing and possessing the same amount of narcotics (count 2).…
John H. Begley and Lawrence J. Sinnott v. Ford Motor Company, and Empire Lincoln-Mercury, Inc. Page 10546
Plaintiffs John H. Begley and Lawrence J.…
476 F.2d 1263 VIRGIN ISLANDS HOTEL ASSOCIATION (U.S.), INC., acorporation, Appellant,v.VIRGIN ISLANDS WATER & POWER AUTHORITY.…
Earnest Neveaux brought suit in admiralty against Lykes Brothers Steamship Company, Inc. (Lykes Brothers) seeking maintenance and cure for an illness that he contracted on December 22, 1970 while employed as a seaman by the defendant.…
Claimant A. B. Fort appeals from a judgment forfeiting to the Government thirty-one pinball machines as gambling devices possessed by claimant in 1970 and 1971, when he was not registered under the Gambling Devices Act of 1962.…
Appellant, a Louisiana state prisoner serving a sentence for armed robbery, was denied federal habeas relief without an evidentiary hearing and now appeals.…
Appellant, a Texas state prisoner serving life for murder with malice aforethought (killing by attaching dynamite to the automobile of the victim) complains of the denial to him of federal habeas relief.…
In this civil action for assessment of additional wagering income taxes, the taxpayer asserts that evidence gathered by the government for use in a prior criminal action through the device of a search warrant was inadmissible.…
United States v. Leslie Hugh Outland Page 10557
The Government appeals from the District Court’s suppression of evidence seized under two search warrants.…
475 F.2d 1140 73-1 USTC P 9471 Harold E. JAHN and Mary Jahn, Appellants,v.COMMISSIONER OF INTERNAL REVENUE, Appellee.…
475 F.2d 1405 Federal Savings & Loan Insurance Corp.v.Randall 71-1668, 71-1775, 72-1160 UNITED STATES COURT OF APPEALS Seventh Circuit 4/12/73 1 N.D.Ill.…
N.L.R.B. v. Moreway North Corporation Page 10560
475 F.2d 1405 84 L.R.R.M. (BNA) 2128 N.L.R.B.v.Moreway North Corporation 72-1460 UNITED STATES COURT OF APPEALS Seventh Circuit 4/12/73 1 N.L.R.B.…
United States v. Lowe Page 10561
475 F.2d 1405 U. S.v.Lowe 72-1762 UNITED STATES COURT OF APPEALS Seventh Circuit 4/12/73 1 S.D.Ind.…
The Nevada Department of Highways invited bids for the furnishing of fourteen front end loaders with a minimum diesel engine horsepower.…
United States v. William Walter Nelson Page 10566
Nelson appeals his conviction under 50 U.S.C.…
This case arises on appeal from the District Court’s grant of summary judgment for the Bissettes (husband and wife) on their complaint seeking damages and a declaration that Colonial Mortgage Corporation of D.…
Associated General Contractors of America, Inc. v. Laborers International Union of North America Page 10568
In connection with the Phase II program for stabilization of wages in the construction industry,1 there has been presented here the unique questions of whether agencies charged with responsibility for requiring conformance to established standards had authority to disapprove a collective bargaining agreement in its…
Cohen v. Franchard Corp. Page 10569
This is a striking example of a case that never should have been claimed for jury trial, as plaintiffs’ counsel did.…
United States v. Frederick P. Selby Page 10570
Frederick P. Selby appeals from a conviction on his plea of guilty to one count of a four count indictment in the District Court for the Southern District of New York.…
Braden v. University of Pittsburgh Page 10571
OPINION OF THE COURT The original complaint and the amended complaint allege that the plaintiff, Dr. Ina Braden, a woman, is employed by the corporate defendant, University of Pittsburgh, as an assistant professor in the Learning Resources Division of the University’s Dental School; that the individual defendant, Dr.…
United States v. State of Mississippi (Smith County School District), Sylvarena Baptist Academy Page 10578
In 1968, the Board of Supervisors of Smith County, Mississippi, leased for a 25-year period the Sylvarena School, a vacant public school building located on certain sixteenth section lands, 1 to the Sylvarena Civic Center Association for the sum of $5.00 per year.…
We have carefully considered the grounds for appeal and with a single exception find them to be without merit.…
United States v. Stephen Wade Black Page 10582
Stephen Wade Black appeals from his one count conviction for knowingly and intentionally possessing 32 pounds of marijuana in violation of 21 U.S.C.…
United States v. Charles Michael Rivas Page 10583
The defendant, Charles Michael Rivas, was charged on May 18, 1972, in a two count indictment as follows: Count I Knowingly and intentionally possessing with intent to distribute for remuneration approximately two pounds and five ounces of marijuana in violation of 21 U.S.C., § 841(a)(1).…
475 F.2d 1140 Jim FAIR and Jim Hinnant, both Individually and asrepresentative of the class of similarly situatedresidents of of the State of Florida,Plaintiffs-Appellees,v.Jim SEBESTA, as Supervisor of Elections, HillsboroughCounty, Florida, etc., et al., Defendants-Appellants.Joel Francis WOODMAN, Individually, and…
United States v. James Delmore Deaton Page 10585
On direct appeal, this court affirmed Deaton's conviction for violation of 18 U.S.C.…
Henry Obron, D/B/A Advance Bag and Burlap Company v. Union Camp Corporation and Bemis Company, Inc. Page 10586
This is an interlocutory appeal pursuant to 28 U.S.C.…
This case concerns the Truth in Lending Act of 1968, 82 Stat. 146, 15 U.S.C.…
David v. United States Page 10589
475 F.2d 1405 Davidv.U. S. 73-1095 UNITED STATES COURT OF APPEALS Seventh Circuit 4/11/73 1 N.D.Ill.…
Josephine Parker and Judi Greenlee were employed by General Telephone Company.…
Lloyd I. Hughes v. J. William Sharp Page 10592
OPINION J. William Sharp appeals from an order of the district court holding him in civil contempt for failure to appear at an examination of judgment debtor in proceedings ancillary to execution of judgment.…
United States v. Rudolph A. Tropeano Page 10593
Defendant, a government meat inspector, convicted of violations of 21 U.S.C.…
National Labor Relations Board v. Local Union No. 3, International Brotherhood of Electrical Workers Page 10594
The National Labor Relations Board has petitioned for enforcement of an order against Local Union # 3, International Brotherhood of Electrical Workers, (the “Union”) to cease and desist from violations of the secondary boycott provisions of the National Labor Relations Act, 29 U.S.C.…
Verra v. Commissioner of Internal Revenue Page 10596
474 F.2d 1336 73-1 USTC P 9453 Verrav.Commissioner of Internal Revenue 73-1032 UNITED STATES COURT OF APPEALS Second Circuit April 10, 1973 1 T.C.N.Y.
United States v. William Alan Townsend Page 10597
OPINION OP THE COURT William Alan Townsend appeals a conviction by a jury in the United States District Court for willful failure to submit to induction in violation of 50 U.S.C.…
Sam Pivar v. T. I. Moseley Page 10598
OPINION OF THE COURT This is an appeal by the defendants, Tomlinson I.…
United States v. John Wyatt Mullins, Jr. Page 10600
Having before been convicted of a felony, John Wyatt Mullins, Jr. on February 11, 1972 in Martinsville, Virginia, was found in possession of a .32 caliber Clarke revolver.…
Janell Guerra v. Preston H. Smith Page 10604
474 F.2d 1399 Janell GUERRA et al., Plaintiffs-Appellants,v.Preston H.…
This appeal is from an order of the District Court denying a motion pursuant to § 328 1 of the Bankruptcy Act to dismiss .…
United States v. Edward H. Ingram Page 10613
This appeal presents an unusual background.…
These appeals are from judgments on claims and counterclaims arising from a contract between Hedla & Sherwood (accountants) and McCool & McDonald (architects).…
In this suit against state narcotics agents, Dr. Anderson seeks redress in damages for the deprivation of his civil rights by wrongful arrest.…
Alfred Marion Spoonhunter, Sr., appeals from a jury conviction of guilty and subsequent sentence wherein he was charged with the commission of the crime of forcible rape on the person of Beatrice Mae Potter on July 13, 1971, within the Wind River Indian Reservation, Wyoming.…
Appellants 1 appeal from an adverse decision of the Tax Court sustaining the Commissioner of Internal Revenue’s assessment of a tax deficiency for the year 1968 in the amount of $552.38.…
In Peerless Pressed Metal Corp. v. IUE, 1 Cir., 1971, 451 F.2d 19, we must necessarily have ruled, by requiring arbitration of the issue between the parties, that a decision in favor of the union would not violate the collective bargaining contract on its face.…
On the first appeal in this litigation, we reversed an order of the United States District Court for the Western District of New York, which had granted summary judgment to defendants Spec-tor Freight System, Inc. and Truck Drivers Local No. 449, and we remanded the case for further proceedings.…
Garber v. Randell Page 10629
In these three consolidated class and derivative suits by stockholders of National Student Marketing Corp. et al.…
The plaintiff and her deceased husband solicited a loan from the defendant Savings and Loan Association.…
United States v. James Francis Neeley Page 10633
James Francis Neeley appeals from his conviction by a jury of two counts of armed bank robbery in violation of 18 U.S.C.…
Garcia, a crew member of the M/V Cable, sued the owner, Murphy Pacific, for personal injury damages under the Jones Act, 46 U.S.C.A.…
The Government appeals from the District Court’s determination that de *293 fendant’s employment agencies are entitled to the “retail or service establishment” exemption in Section 13(a)(2) of the Fair Labor Standards Act.…
United States v. Frank Ragano Page 10636
The appellant was convicted on Count III, of a three count indictment, of a violation of 26 U.S.C.A.…
474 F.2d 1344 dDabbsv.International Minerals & Chemical Corporation 72-1963 UNITED STATES COURT OF APPEALS Fifth Circuit April 9, 1973 N.D.Miss., 339 F.Supp. 654
United States v. Joseph Eugene Venable Page 10640
The defendant, Joseph E. Venable, appeals from his conviction for interstate transportation of a stolen motor vehicle and for selling a stolen motor vehicle in interstate commerce in violation of 18 U.S.C.…
A prosecution for murder was pending in a state court of Louisiana.…
The appellant, who is a prisoner of the State of Louisiana, filed a federal habeas corpus petition in the district court challenging the validity of his conviction for attempted murder.…
United States v. Reynolds Page 10645
475 F.2d 1405 U. S.v.Reynolds 72-1453 UNITED STATES COURT OF APPEALS Seventh Circuit 4/9/73 1 N.D.Ill.…
United States v. Ben F. Boone Page 10649
The United States brought this damage action against Ben F.…
Plaintiff, a longshoreman, was part of a gang discharging the S.S.…
In this proceeding General Motors Acceptance Corporation (GMAC or the company) seeks review of a Labor Board order 1 holding that it violated § 8(a)(1) and (5) of the National Labor Relations Act.…
The Connecticut Light & Power Company (the Company) has petitioned to review and set aside an order of the National Labor Relations Board issued May 8, 1972, 196 N.L.R.B.…
Samuel Shapiro v. Thomas E. Ferrandina, United States Marshal for the Southern District of New York Page 10653
In June, 1970, the appellant Samuel Shapiro 1 was arrested in Israel, together with his partner Shalom Blumberg, on charges, discussed in detail below, relating to an allegedly fraudulent investment enterprise managed by the two from 1967 to 1970.…
477 F.2d 666 Fed. Sec. L. Rep. P 93,930, 1973-1 Trade Cases 74,465 Frank KOHNER, Appellant and Cross-Appellee,v.Abraham WECHSLER, Appellee and Cross-Appellant, andManufacturers Hanover Trust Company, Defendant.…
The petitioner in this habeas proceeding is a Maryland prisoner who seeks to invalidate his guilty plea as involuntary because he was not advised, before his plea was accepted, that he might, as a result of his plea, be sent to Patuxent Institution for evaluation and treatment under procedures spelt out in the…
A refund of 1964 Federal income taxes was sued for by the Farmers’ and Merchants’ Bank of Morgantown, West Virginia in April 1972, but the District Court sustained the Government in denying the tax benefit on which the bank’s claim rested.- The bank appeals.…
Plaintiff Bank seeks recovery under a Bankers Blanket Bond for losses sustained on three collateral loan transactions.…
This appeal presents two issues in defining the scope and construing the terms of the extradition treaty between the United States and Liberia.…
In this, his second round of federal habeas corpus petition, Petitioner challenges his conviction for robbery on the basis that the use of his sworn testimonies in a previous trial against a co-defendant violated his Fifth and Sixth Amendment rights under Miranda.…
Dr. William Booth v. Garan, Incorporated Page 10664
Plaintiff brought this Mississippi diversity action in nuisance against a manufacturer who dumped allegedly harmful chemical wastes into a ditch adjoining plaintiff’s property.…
United States v. James Willie Sanders Page 10665
The sole question in this appeal is whether Appellant’s Fourth and Sixth Amendment rights were violated by admission into evidence against him a palmprint taken while he was legally in the custody of law enforcement officers *113 on another matter, but after he had requested counsel before further questioning on this…
The appellant, Mrs. Michelle Sobel Perlman, was incarcerated after being held in civil contempt by a federal district court for refusal to answer questions before a grand jury under 28 U.S.C.…
United States v. William C. Douglass Page 10668
In this direct criminal appeal of a misdemeanor conviction under 26 U.S.C.A.…
Appellants Stubbs and Jackson were convicted before a United States District Judge in the Eastern District of Michigan, Southern Division, of interference with commerce by means of extortion and of conspiracy to so interfere, in violation of the Hobbs Act, 18 U.S.C.…
Fabrycki v. Trustees of Indiana University Page 10671
475 F.2d 1405 Fabryckiv.Trustees of Indiana University 72-1001,72-1002 UNITED STATES COURT OF APPEALS Seventh Circuit 4/6/73 1 N.D.Ind.…
United States v. Arthur Tortorello Page 10675
Appellant Arthur Tortorello appeals from a judgment of conviction entered upon a jury verdict returned November 12, 1971 after a ten day trial before Milton Pollack, District Judge, in the Southern District of New York finding Tortorello guilty on two counts of sale of unregistered securities, in violation of Section…
OPINION OF THE COURT This is a patent infringement case involving an above ground swimming pool.…
United States v. Carl Turner Mock, United States of America v. 1,472.0 Acres of Land, Etc. Page 10677
On July 23, 1969, the United States filed a Declaration of Taking for, and paid into the District Court the estimated value of, certain lands in Washington County, Virginia, which were being acquired as a part of the Mount Rogers National Recreation Area.…
United States v. Roy Ernest Day Page 10683
Appellant, Roy Ernest Day, was convicted in May 1972, after a jury trial, of dealing in firearms without a license.…
William Taylor v. United States Page 10684
In his appeal, Taylor is attacking the validity of a thirty-year sentence imposed upon him in the District Court where he was resentenced on two convictions for violation of the narcotics laws in 1967 and 1968.…
This appeal is before the Court for review of a judgment and order of the district court conditionally granting a writ of habeas corpus pursuant to the power vested in that court by 28 U.S.C.…
Frances Greene, the widow of and executrix under the will of Carl W.…
United States v. John Spruill Beasley Page 10689
Beasley was convicted of the interstate transportation of a stolen motor vehicle in violation of 18 U.S.C.…
United States v. Jose Luis Garcia Page 10692
OPINION Garcia was convicted of two drug offenses proscribed by 21 U.S.C.…
United States v. Walter Secor Page 10695
Upon this appeal from a judgment of contempt for failure to comply with two orders of the United States District Court for the Southern District of New York directing appellant, Walter Secor, to comply with a summons issued by the Internal Revenue Service (“IRS”) pursuant to 26 U.S.C.…
Government of the Virgin Islands v. Torres Page 10699
OPINION OF THE COURT Emérito Torres appeals to this court from his judgment of conviction on March 16, 1972, for premeditated murder.…
*614 OPINION OF THE COURT Defendant was convicted by a jury of two counts of having sold heroin in violation of 19 V.I.C.…
In the Matter of Thomas W. Thompson, Debtor. Thomas W. Thompson v. Ford Motor Credit Company Page 10706
On December 8, 1971, Thomas W. Thompson filed a petition in federal district court under Chapter XIII of the Bankruptcy Act to pay his debts through a wage earner plan.…
D New Orleans Steamship Association v. General Longshore Workers, I.L.A. Local Union 1418 Page 10707
474 F.2d 1345 84 L.R.R.M. (BNA) 2300, 72 Lab.Cas.…
Hepburn and Banks were charged in a three-count indictment with conspiring to knowingly and intentionally possess with intent to distribute quantities of heroin and conspiring to knowingly and intentionally distribute the heroin, all in violation of 21 U.S.C.…
*1399 ORDER This appeal having come on to be considered on the record on appeal and on the briefs and oral arguments of counsel for the parties, and the Court having been fully advised in the premises having concluded that the case was correctly decided for the reasons set forth in the opinion of District Judge Robert…
United States v. Sam Lee Fowler, Jr. Page 10714
Defendant Fowler, a sixteen year old boy, was committed to the custody of the United States Attorney General “during his minority” following a proceeding in which he was found delinquent because of his participation in the burglary of a United States post office.1 He has appealed.…
For the taxable years 1959, 1960, and 1961, the Commissioner of Internal Revenue determined that the total federal income tax deficiencies of Ruidoso Racing Association were $417,000 and that the fraud penalties under § 6653(b) of the Internal Revenue Code of 1954 were $208,000.…
Gene A. Ward, M. D. v. St. Anthony Hospital Page 10717
This is an appeal by plaintiff-appellant Ward from a decision in the District of Colorado dismissing his action against St. Anthony Hospital, a nonprofit hospital, and others for lack of jurisdiction.…
United States v. Walter J. Chavis, Jr. Page 10719
Appellant was charged with four counts of assault with intent to commit armed robbery and related offenses.…
Allan A. Handler appeals from a summary order of civil contempt entered against him as a grand jury witness on December 1, 1972 in the Southern District of New York by Murray I.…
United States v. Leonard W. Wisniewski Page 10721
In this prosecution for the knowing receipt and concealment of stolen motor vehicles in violation of 18 U.S.C.…
Federal Trade Commission v. Pepsico, Inc. Page 10722
This is an original action by the Federal Trade Commission (Commission) for a preliminary injunction and other relief pursuant to the All Writs Act (28 U.S.C.…
OPINION OF THE COURT This action was initiated by Henry J.…
OPINION OF THE COURT Husband and wife, Felix and Iris Hernandez, were tried to a jury in a joint trial in the District Court for the District of the Virgin Islands and convicted for possession of heroin with intent to manufacture or distribute it, in violation of 19 V.I.C.…
OPINION OF THE COURT Defendant Hendricks was convicted of both of two counts of selling heroin in violation of 19 V.I.C.…
McNeill Stokes and Lewis C. Barbe v. Peter J. Brennan, Secretary of Labor, U.S. Department of Labor Page 10732
Stokes and Barbe brought this action based on the Freedom of Information Act [the Act] 1 in the District Court for the Northern District of Georgia, seeking temporary and permanent injunctions prohibiting the Secretary of Labor from withholding certain documents and materials.…
Roosevelt Walker, a Georgia state prisoner, appeals from the district court’s denial of his petition for writ of habeas corpus.…
This is a breach of contract action brought by appellants Dwaine Paul and Farm Power Irrigation Co., Inc., against Shur-Gro Irrigation Co., Inc., for failure to consummate an oral agreement to purchase appellants’ business.…
United States v. Curtis G. Stills Page 10740
Curtis C. Stills was charged with the distribution of approximately 0.502 *593 grams of heroin in violation of 21 U.S.C.…
This is an appeal by the State of Tennessee from the District Court’s order granting the petitioner-appellee’s application for a writ of habeas corpus, filed under the provisions of 28 U.S.C.…
Appellants Louis Herbert Hollingsworth and Claude Lee Simpkins appeal from the denial of their petitions for the return of $5133 which FBI agents allegedly seized from each of them during a raid on a gambling house in Evansville, Indiana, where they worked.…
477 F.2d 57 UNITED STATES of America, Appellant,v.Jack ROBERTS et al., Appellees.UNITED STATES of America, Appellant,v.Charles Bishop SMITH et al., Appellees.UNITED STATES of America, Appellant,v.Jerome LEAVITT and Norman Shabas, Appellees.UNITED STATES of America, Appellee,v.Michael POSNER, Appellant.…
Appellant Frank Paul Castro appeals from convictions below on ten counts of an indictment.…
In this diversity suit Lexington Insurance Company seeks recovery from a contractor, Abarca Warehouses Corporation, and its insurer, Great American Insurance Company, for a sum Lexington paid its insureds, Puerto Rico Industrial Development Corporation (Pridco) and Hilton Hotels International, as indemnity for damages…
Joe McGill appeals from an order of the Southern District denying his petition for habeas corpus.…
OPINION OF THE COURT David Fletcher has taken this appeal from a conviction of criminal acquisition of heroin in violation of subsection 4704 (a) of Title 26, United States Code.…
United States v. Richard Lee Bouley Page 10755
For failure to submit to induction under the Military Selective Service Act, Richard Lee Bouley, on April 11, 1972 in the Federal District Court at Charlotte, North Carolina, was convicted of a violation of 50 App.U.S.C.…
474 F.2d 1341 73-1 USTC P 9327 NOTICE: Fourth Circuit I.O.P.…
This appeal raises the question of whether the district judge properly transferred the case to the admiralty docket because the plaintiff failed to establish the requisite jurisdictional amount for a civil action, in which he would have been entitled to a jury.…
Delbert Hawkins v. Thomas Coleman Page 10763
Delbert Hawkins was suspended indefinitely by the principal of his school, part of the Dallas Independent School District, after being involved in a fight.…
United States v. Mansfield Saunders Page 10765
Appellant was convicted below after a non-jury trial of possessing approximately eight grams of marijuana in violation of 21 U.S.C.A.…
The legal issue before us is whether the Secretary of Transportation may defer authority to obligate highway funds previously apportioned to the State of Missouri under the Federal-Aid Highway Act of 1956 2 when the reasons given for the deferment by the Secretary and the Director of the Budget are the status of the…
The National Labor Relations Board seeks enforcement of its order directing R.…
OPINION The Evangelical Lutheran Good Samaritan Society does business in Oregon as the Eugene Good Samaritan Center, a facility which is a “Non-Profit Center for Retired People,” and is licensed by the State of Oregon as a 118-bed “Nursing home and a 30-bed Convalescent Hospital.” The Center is licensed under…
United States v. Michael Francis O'Neill Page 10777
Michael Francis O’Neill appeals from a conviction for refusal to submit to induction in violation of 50 U.S.C.…
Hal Simmons, Administrator of the Estate of Melvin D. Anderson, Deceased v. United States Page 10778
This appeal involves the validity of a claim by the government for excise taxes imposed on a transfer of marihuana alleged to be due under the Marihuana Tax Act provisions in 26 U.S.C.A.…
United States v. Michael F. Kelley Page 10779
Appellant was convicted of violating and conspiring to violate 26 U.S.C.…
OPINION OF THE COURT In this appeal, the petitioner seeks review of a decision by the district court 1 denying his application for a writ of habeas corpus.…
United States v. Noah W. Cross Page 10784
Noah Cross, Sheriff of Concordia Parish, Louisiana, was convicted on two counts of perjury.…
United States v. Curtis Leroy Owens Page 10785
The defendant, Owens, appeals from his non-jury conviction for possession of heroin in violation of 21 U.S.C.…
On March 2, 1972, the United States District Court for the Western District of Texas in a habeas corpus proceedings found that the Appellant Harris had been denied due process in a 1969 Texas conviction for robbery by assault because the State failed to disclose evidence favorable to him and ordered Harris discharged…
Alleging that his work aboard the M/V SNIPE aggravated or caused his silicosis or pneumonoconiosis condition, plaintiff sued Insurance Company of North America, State Automobile and Casualty Underwriters, and Coating Specialists, Inc. for damages under the Jones Act and maintenance under the General Maritime Law.…
Robyn Crummett v. Donald J. Corbin Page 10790
This is an appeal from the District Court’s denial of Plaintiff-Appellant’s motion for a new trial after the jury returned a verdict for Defendant-Appellee on the question of liability in a personal injury suit arising out of an auto accident.…
Marion H. Williams v. Harold J. Cardwell Page 10791
Williams, an inmate of the Ohio penitentiary at Columbus, Ohio, was convicted by a jury in the Common Pleas Court of Franklin County of unlawfully participating in a prison riot and unlawfully holding or participating in holding hostages by force and threat, all in violation of § 2921.18 Ohio Revised Code.…
Appellants were convicted on all counts of a four-count indictment: Count 1 charged them with possession and control of unregistered distilling apparatus in violation of 26 U.S.C.…
474 F.2d 1352 83 L.R.R.M. (BNA) 2044, 71 Lab.Cas.…
Alden appeals from his conviction on all three counts of an indictment founded on 18 U.S.C.…
United States v. Jordan M. Scher Page 10795
Defendant Jordan M. Seher, M.D., a psychiatrist practicing in Chicago, was charged in a three-count indictment with willfully and knowingly attempting to defeat and evade payment of a portion of his federal income taxes due for 1964, *320 1965, and 1966, 1 in violation of 26 U.S.C.…
Mickey M. Jeffries v. United States Page 10798
Jeffries brought this Federal Tort Claims Act case for injuries sustained when he was hurt in a mining accident in Montana.…
A jury found Trice and Clayton guilty of armed bank robbery in violation of *91 18 U.S.C.…
Defendants Ross Montgomery and Gordon Montgomery were convicted in the Eastern District of California of violating 18 U.S.C.…
Following a jury trial, appellant was convicted of conspiracy to evade or defeat the federal excise tax imposed on wagers and to file false income tax returns.…
Appellant Milton Robbins was found guilty by a jury on Count I of a two-count indictment of having possession of a firearm consisting of a homemade incendiary bomb, alleged to be a destructive device, and not registered to him in the National Firearms Registration and Transfer Record, in violation of Title 26 U.S.C.…
This is an interlocutory appeal by the Government from the order of the District Court, dated March 29, 1972, which granted the defendants’ motion to suppress four intercepts of telephone conversations.…
United States v. George Gray, Jr. Page 10807
On this appeal from a conviction of foreeable rape and burglary, the only issue is whether the testimony of the prosecutrix was sufficiently corroborated.…
Herman A. Stuhl v. G. Joseph Tauro Page 10808
Plaintiff-Appellant has conceded that the sole issue to be decided is whether the district court erroneously denied plaintiff’s request for a three-judge court.…
Elton Warren v. Hudson Pulp & Paper Corp., and Third Party v. Treadwell Corp., Third Party Page 10809
In June, 1965, the plaintiff, a rigger by trade, was employed by Treadwell Corporation, a New York construction corporation, as a boilermaker foreman.…
In this Texas diversity case, two employees of the independent contractor hired by Chevron Oil Co. to excavate for a new pipeline were killed when the digging machine operated by them struck and exploded an underground pipeline carrying flammable gas.…
United States v. David Jefferies Thompson Page 10822
Defendant David Jefferies Thompson was charged with knowing possession of 50 pounds of marijuana with intent to distribute, in violation of 21 U.S.C.A.…
Norman Lee Hamilton v. United States Page 10828
The appellant robbed a branch of First American National Bank in Nashville, Tennessee shortly after noon on September 16,1971.…
Winters v. Croyle Page 10829
474 F.2d 1352 Wintersv.Croyle 72-1200 UNITED STATES COURT OF APPEALS Seventh Circuit 3/29/73 1 S.D.Ind.…
Federal Savings and Loan Insurance Corporation, an Agency of the United States v. Quinn Hogan Page 10830
Defendant Quinn Hogan appeals from a jury verdict giving the plaintiffs a $20,000 judgment against him for conspiracy to defraud.…
United States v. Henry Martin Ramos Page 10832
On March 31,1971, the appellant, Henry Martin Ramos (Ramos), and a co-defendant, Richard Steven Martinez (Martinez), were indicted on two counts.…
United States v. James Casteel Page 10834
James Casteel was convicted by a jury of transporting in interstate commerce two forged checks in violation of 18 U.…
There was a witness confrontation close to the time and place of the offense.…
German Ortiz v. Honorable Rafael Hernandez Colon, Governor of the Commonwealth of Puerto Rico Page 10836
Appellants, on January 3, 1973, filed a complaint which sought to enjoin the Governor of Puerto Rico from complying with his statutory duty of appointing five members of the Municipal Assembly of San Juan; on the grounds that L.P.R.A., tit.…
Sonia Alland, a citizen of New York, appeals from that part of a final judgment of the United States District Court for the Southern District of New York dismissing on the merits Claim 3 of her complaint, by which she sought to recover $6,066 as reasonable attorney’s fees for costs incurred in suing upon two…
We are called upon today to consider certain important questions of Fourth Amendment law.…
Some time between 6:30 and 7:00 A. M. on Sunday, February 18, 1968, John Hartel, a ticket agent for the Long Island Rail Road Company (LIRR) arrived at the Mineóla, Long Island, railroad station to open the ticket office.…
OPINION OF THE COURT These are appeals by the defendant Micha Williams, at our docket No. 72-1374, and Angel De Jesus, at our docket No. 72-1389, from judgments entered in the District Court of the Virgin Islands on jury verdicts of guilty in narcotics cases.…
Eslinger v. Thomas Page 10842
Victoria Lamonte Eslinger sued for herself and other women similarly situated, alleging that she had been denied temporary employment as a page in the South Carolina Senate solely because of her sex.1 She prayed declaratory and injunctive relief on behalf of all temporary and permanent employees, as well as damages.…
Robert L. Cardillo v. United States Page 10844
In this petition under 28 U.S.C. § 2255 (1971), Robert L.…
Luke Joseph Rener v. United States Page 10850
The district court denied Rener’s petition for writ of error coram nobis.…
This is an appeal from a jury verdict in a wrongful death action.…
This is another case in which this Court is urged to assume the prerogatives of a super Board of Regents and make a decision concerning the internal administrative affairs of a university involving no violation of any constitutional right of any student.…
Faye Baggett Jackson, Administratrix of the Estate of Edwin Baggett v. Charles Crockarell Page 10855
The appellant, as administratrix of the estate of her deceased husband, brought this action in the District Court against the Sheriff of Stewart County, Tennessee, his deputy and the sureties on his official bond, pursuant to 42 U.S. C.…
Robert Griffin v. W. E. Hudson Page 10856
This is an appeal from the denial of the appellant’s petition for a writ of habeas corpus.…
The governing officials of Western Kentucky University at Bowling Green made a decision that the sponsoring by the University of a certain motion picture film and its showing on the campus under University auspices would be inappropriate.…
This appeal from the granting of a writ of habeas corpus presents the question whether a person convicted by a state’s knowing use of coerced testimony obtained by torture, threats and abuse of a witness is in custody in violation of his Constitutional right to due process of law.…
Ellis Rader v. Melvin Cliburn Page 10859
The Board of Education of Macon County, Tennessee, was reapportioned by order of the United States District Court for the Middle District of Tennessee on February 25, 1970.…
United States v. Davidson and Leshman Page 10860
474 F.2d 1352 U. S.v.Davidson and Leshman 71-1517 UNITED STATES COURT OF APPEALS Seventh Circuit 3/28/73 1 N.D.Ill.…
U. S. Ex Rel. Gaines v. Brantley Page 10861
474 F.2d 1352 U. S. ex rel. Gainesv.Brantley 71-1772 UNITED STATES COURT OF APPEALS Seventh Circuit 3/28/73 1 E.D.Ill.…
United States v. Crawford Page 10862
474 F.2d 1352 U. S.v.Crawford 72-1342 UNITED STATES COURT OF APPEALS Seventh Circuit 3/28/73 1 N.D.Ill.…
United States v. Anthony Maenza Page 10863
Anthony Maenza appeals from his conviction by a jury of violating 18 U.S.C.…
United States v. N. L. Industries, Inc. Page 10864
This appeal by the United States brings before us for the second time an action brought by the Attorney General under the Civil Rights Act of 1964, Title VII, 42 U.S.C.…
The issue here presented for review is whether certain transactions entered into by a dissolved corporation which, after dissolution, had been determined to be a personal holding company during a period of its existence, qualified for the deficiency dividends deduction under § 547 of the Internal Revenue Code.…
Tom Bolack, joined by his wife, Alice Bolack, on September 2, 1959, sold and assigned to Sohio Petroleum Company a producing Federal oil and gas lease, reserving a limited term carried working interest.…
United States v. James L. Cockerham Page 10869
In this appeal from a jury conviction of second-degree murder, the contentions which merit discussion are that the District Court erred in failing to ask certain questions during its voir dire of prospective jurors, in admitting inflammatory evidence, and in its control of the conduct of trial respecting the…
Appellants in this case are two members of the “inactive reserve” of the United States Army and Air Force who voluntarily joined the Armed Forces, but who were permitted to complete their educations before beginning tours of active duty.…
This is an appeal from a decision of the United States Tax Court, 30 T.C.M.…
OPINION OF THE COURT The defendant Ralph Landos appeals from his conviction in the district court of the Virgin Islands of murder in the first degree.…
In this action, the Secretary of Labor appeals from the judgment of the district court dismissing his claim for injunctive relief under § 17 of the Fair Labor Standards Act, 29 U.S.C.…
This appeal arises out of an action brought by the Equal Employment Opportunity Commission under Title VII, Civil Rights Act of 1964, 42 U.S.C.…
Appellant Annie Jean Habecker, plaintiff below, brought suit in the District Court for the Northern District of Florida seeking specific performance of a contract to adopt.…
Robert G. McCray v. State of Alabama Page 10883
Robert G. McCray, a prisoner incarcerated by the State of Alabama under two convictions for robbery, appeals from the denial of his latest petition for a writ of habeas corpus.…
In appeals to this Court, judgments dismissing a complaint for failure to state a claim on which relief could be granted have a high mortality rate.…
Ghiotto v. Markel Service Page 10885
474 F.2d 1352 Ghiottov.Markel Service 72-1047 UNITED STATES COURT OF APPEALS Seventh Circuit 3/27/73 1 N.D.Ill.…
Hood v. Journeymen Barbers Page 10886
474 F.2d 1352 Hoodv.Journeymen Barbers 72-1897 UNITED STATES COURT OF APPEALS Seventh Circuit 3/27/73 1 S.D.Ind.…
We are asked to enforce a Board order and must determine whether the findings of the Board are supported by substantial evidence.…
This is an appeal by the defendant from an Order of the United States District Court for the District of Oregon, confirming the arbitrator’s award for the plaintiffs, after the entry of a consent decree.…
United States v. Robert Theodore Bass Page 10890
Robert Theodore Bass was found guilty of unarmed bank robbery (18 U.S.C.…
United States v. Lester Masao Uyeda Page 10891
Lester Uyeda was convicted of refusing induction.…
United States v. John E. Swindler Page 10892
The appellant was convicted September 5, 1972, of the offense of conveying from place to place within the United States Penitentiary at Leavenworth, Kansas, a thing designed to kill, injure, or disable an employee, officer, agent or inmate of that institution.…
476 F.2d 829 KANSAS CITY SOUTHERN RAILWAY COMPANY, a corporation,Plaintiff-Appellant,v.ARKANSAS LOUISIANA GAS COMPANY, a corporation, Defendant-Appellee.FORT SMITH AND VAN BUREN RAILWAY COMPANY, a corporation,Plaintiff-Appellant,v.ARKANSAS LOUISIANA GAS COMPANY, a corporation, Defendant-Appellee.…
United States v. Robert J. Chorush Page 10894
Robert Chorush, a conscientious objector exempt from military service, was convicted for willful failure to comply with an order of his local draft board to report on March 8, 1971, for alternative civilian work.…
This appeal from the denial of a habeas corpus petition raises a serious question as to the applicability of Bruton v. United States, 391 U.S. 123, 88 S.Ct.…
Thomas R. Prince v. State of Alabama Page 10903
This is another appeal by Thomas R. Prince from the district court’s denial of a habeas corpus petition.…
William L. Russell v. J. D. Henderson Page 10904
Russell, while an inmate of the United States Penitentiary at Atlanta, Georgia, filed a petition for a writ of habeas corpus in the district court, seeking relief from conditions at the prison which he alleged constituted cruel and unusual punishment.…
United States v. Jerry Houston Stone Page 10906
On July 28, 1971, a federal grand jury returned a six count indictment against the appellant, Jerry Houston Stone.…
United States v. Manuel and McCormick Page 10907
474 F.2d 1351 U. S.v.Manuel and McCormick 72-1065 UNITED STATES COURT OF APPEALS Seventh Circuit 3/26/73 1 S.D.Ind.…
United States v. Hampton Page 10908
474 F.2d 1352 U. S.v.Hampton 72-1192 UNITED STATES COURT OF APPEALS Seventh Circuit 3/26/73 1 N.D.Ill.…
United States v. James Dale Patmore Page 10911
475 F.2d 752 UNITED STATES of America, Plaintiff-Appellee,v.James Dale PATMORE, Defendant-Appellant.…
Charles Maynard and Kermit Gilbert were jointly tried and convicted of the assault and armed robbery of one Paul Gueory.…
United States v. Clifton L. Person Page 10914
Appellant, Clifton L. Person was convicted on a six count indictment, including felony-murder, 22 D.C.…
This is the third time that we have been asked to review some phase of the Government’s case against Walter Ashe.…
Fernando Luis Rodriguez Sandoval was tried and convicted for the purchase, sale, concealment and transportation of heroin in violation of 26 U.S.C.…
Ana Lillian Torres, Representing Luis A. Davila v. Secretary of Health, Education, and Welfare Page 10917
Appellant’s husband (hereinafter “claimant”) was recently found by the appellee to be entitled to disability insurance benefits under Section 223 of the Social Security Act, 42 U.S.C.…
United States v. George F. Cabral Page 10918
After trial by jury appellant, George F. Cabral, was convicted on a one count indictment for possession of a firearm which was not identified by a serial number in violation of 26 U.S.C.…
The issue is whether a tenant’s payment to its landlord of $125,000 in satisfaction of the tenant’s obligation to restore leased premises to their pre-lease condition is entitled, in whole or in part, to long-term capital gains treatment under § 1231 of the Internal Revenue Code *983 of 1954.…
Marine Atlantic Corporation v. Dent Page 10921
474 F.2d 1342 Marine Atlantic Corporationv.Dent 73-1317 UNITED STATES COURT OF APPEALS Fourth Circuit 3/23/73 1 E.D.Va.…
United States v. Ray Burnett Page 10922
Ray Burnett appeals from his conviction for willful failure to report for and submit to induction into the Armed Forces of the United States, a violation of 50 App.…
Willie Lee Johnson appeals from the district court’s denial of his motion under 28 U.S.C.…
This case is here on briefs and oral argument in the appeal of the Commissioner of Internal Revenue from a decision of the Tax Court of the United States, filed January 19, 1972.…
Marvin Farmer appeals from the district court’s decision denying habeas corpus relief under Title 28 U.S.C.…
U. S. Ex Rel. Murdock v. Twomey Page 10933
474 F.2d 1351 U. S. ex rel. Murdockv.Twomey 72-1142 UNITED STATES COURT OF APPEALS Seventh Circuit 3/23/73 1 N.D.Ill.…
This matter arises out of the decision of a hearing examiner for the Social Security Administration of the Department of Health, Education and Welfare, denying the claim of plaintiff, Henry G.…
United States v. Gary Lamont Thomas Page 10936
The appellant was convicted upon an indictment charging him with armed robbery of a bank in violation of 18 U.…
For the third time in four years we are confronted with an appeal in litigation commenced more than five years ago to prevent District of Columbia police from interfering with appellant’s nocturnal strolls on public thoroughfares in the city.1 Now for the third time, we are compelled to adjudicate the appeal without…
Petitioner Farrell Lines challenges an order of the Federal Maritime Commission, approving Agreement No. 9944.…
Richard P. Doran v. United States Page 10939
The government, successful in defending an admiralty suit, filed a substantial bill of costs three months after judgment.…
Appellant, who has had twelve pregnancies resulting in eight live offspring, and whose life would be jeopardized by future pregnancies, challenges as unconstitutional the policy of the Worcester City Hospital barring the use of its facilities in connection with any consensual sterilization.…
Benjamin Jones v. James T. Lynn Page 10941
This appeal, expedited to accommodate all of the parties and interests involved, presents the issue whether a complex area renewal project covering a substantial sector of Boston, the Symphony Area part of the Fenway Urban Renewal Project, the basic planning and federal financial commitment for which had been approved…
Appellant Zeller, a stockholder of Belco Pollution Control Corporation (Belco), a Delaware corporation having its principal offices in New Jersey, brought this derivative action in the District Court for the Southern District of New York against Bogue Electric Manufacturing Corporation (Bogue), a New Jersey…
OPINION OF THE COURT This case is before us on the application of the National Labor Relations Board (the Board) filed pursuant to Section 10(e) of the National Labor Retions Act, 29 U.S.C.…
Elliott Arthur Williams v. United States Page 10945
OPINION OF THE COURT This appeal presents the issue of whether 18 U.S.C.…
The Secretary of Labor brought this suit under the minimum wage provisions of the Fair Labor Standards Act (FLSA) 1 to restrain the National Hotel Company in its capacity as owner and operator of the Menger Hotel (hereinafter Menger Hotel) from continuing to withhold compensation allegedly due its tipped employees.…
D Cosid, Inc. v. Bay Steel Products Co., Inc Page 10949
474 F.2d 1344 dCosid, Inc.v.Bay Steel Products Co., Inc. 72-2564 UNITED STATES COURT OF APPEALS Fifth Circuit March 22, 1973 1 S.D.Fla.
Glen Gafford v. Star Fish & Oyster Company Page 10952
Plaintiff challenges the manner in which trial court required him to exercise his peremptory challenges in this civil suit.…
William J. LYNCH, Plaintiff-Appellant, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant-Appellee Page 10954
The sole issue presented by Plaintiff-Appellant in this appeal is that the trial court erred in granting the Defendant’s motion to strike Plaintiff’s motion for a jury trial.…
United States v. Bienvenido Mercado Vasquez Page 10957
Vasquez appeals from his conviction under 26 U.S.C.…
On May 3, 1971, a creditors’ petition for the involuntary bankruptcy of Char-mar Investment Company, a small closely-held corporation, was filed in the District Court.…
This is a petition by the National Labor Relations Board for enforcement of its order dated April 21, 1972 and reported at 196 N.L.R.B.…
This is an appeal from the District Court’s denial of Appellant’s petition for a writ of habeas corpus.…
Chester Sawicki v. Perry Johnson, Warden Page 10961
This is an appeal pro se from an order of the District Court for the Eastern District of Michigan, Southern Division, denying Appellant’s petition for a writ of habeas corpus.…
475 F.2d 882 UNITED STATES of America, Plaintiff-Appellant,Plaintiff-Cross-Appellee,v.ONE 1965 CHEVROLET IMPALA CONVERTIBLE, Defendant-Appellee,Defendant-Cross-Appellant.UNITED STATES of America, Plaintiff-Appellant,Plaintiff-Cross-Appellee,v.ONE 1967 PONTIAC BONNEVILLE CONVERTIBLE, etc.,Defendant-Appellee…
This is an appeal from the grant of summary judgment in favor of the defendant cement company in a Robinson-Patman action, 15 U.S.C.…
United States v. Castillo Page 10964
474 F.2d 1351 U. S.v.Castillo 71-1430 UNITED STATES COURT OF APPEALS Seventh Circuit 3/22/73 1 N.D.Ill.…
The question is whether the widow of a National Guard officer killed while returning from a Florida fishing trip with the Adjutant General of the State of Wisconsin, as a non-paying passenger on a military aircraft, may sue the United States under the Federal Tort Claims Act.…
United States v. Edwin Joseph Huckensteine Page 10966
Edwin Joseph Huckensteine appeals from his conviction by the district court of five charges of violation of 18 U.S.C.…
United States v. Donald Rudolph Gardner, United States of America v. Donald Neal Le Boulanger Page 10967
These appeals are from appellants’ respective criminal convictions for violating the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.…
475 F.2d 1066 Matthew JOHNSON, Petitioner-Appellee,v.Wayne K.…
United States v. David Wayne Glover Page 10977
475 F.2d 90 UNITED STATES of America, Appellee,v.David Wayne GLOVER, Appellant.…
Bob Jones University v. Connally Page 10978
Bob Jones University (Jones University) petitions for rehearing and suggests rehearing in banc on the ground, inter alia, that our decision, 4 Cir., 472 F.2d 903, is in conflict with the decision of the District of Columbia Circuit in “Americans United” Inc. v. Walters, 477 F.2d 1169 (D.C.…
W. J. Milner and Co. Of Florida v. International Brotherhood of Electrical Workers, Local 349 Page 10981
476 F.2d 8 82 L.R.R.M. (BNA) 2977, 70 Lab.Cas.…
This is an appeal by the taxpayer from a decision of the Tax Court.…
Appellant, Billy Homer Ferguson, a white man, presently under sentence of life imprisonment as a result of his conviction for first degree murder, here appeals from the District Court’s denial of his petition for habeas corpus.…
Appellant first applied for Social Security disability benefits under 42 U.S. C.A.…
By this suit plaintiff Golden seeks injunctive and compensatory relief for the alleged wrongful withholding of his interest in the Kentile Floors Profit Sharing Plan, naming as defendants his former employer (Kentile Floors), members of the Kentile Floors Profit Sharing Committee, and the trustee (Manufacturers…
The appellee was tried to a jury in Lorain County, Ohio, and was convicted of burglary and unlawful possession of burglary tools; he received a sentence of from 1 to 15 years.…
This is an appeal from a summary judgment, D.C., 353 F.Supp. 1126, entered against the plaintiff-appellant in his suit brought under 18 U.S.C.…
This is an estate tax case in which the petitioner, the Detroit Bank and Trust Company, as administrator with will annexed, of the Estate of Mary F.…
United States v. William C. Hurt A/K/A Charles W. Hurt, United States of America v. Robert L. Huff Page 10998
Appellants William C.' Hurt and Robert Huff were indicted for first degree murder (D.C.Code § 22-2401) and convicted of second degree murder (D.C.…
George C. Stafford v. Perini Corporation Page 11000
Plaintiff, George C. Stafford, brought this action under the Jones Act, 46 U.S. C.…
Kenneth R. Mancuso v. James L. Taft, Mayor Page 11001
Kenneth Mancuso, a full time police officer and classified civil service employee of the City of Cranston, Rhode Island, filed as a candidate for nomination as representative to the Rhode Is*189land General Assembly on October 19, 1971.…
United States v. Walid Warwar Page 11002
Appellant Walid Warwar entered a plea of guilty to charges of violating certain federal narcotics laws after his pretrial motion challenging the jury selection process in Puerto Rico had been denied.…
This is an appeal from a decision of the United States District Court for the Southern District of New York, Hon.…
United States v. Ronald Thomas Bohle Page 11004
In January 1969, Ronald Thomas Bohle, a young man of 22, hijacked an Eastern Airlines plane then enroute from Miami, Florida to Nassau, Bahamas and diverted it to Cuba.…
United States v. Bobby Richard White Page 11005
Bobby Richard White, tried by the court without a jury, appeals his conviction on an indictment 1 which charged him with making a false report, willfully, maliciously, and with reckless disregard for the safety of human life, concerning an attempt to do an act which would be a crime prohibited by Title 18 U.S.C.…
United States v. Edward Mickael Rytman Page 11012
Rytman was convicted of a misdemeanor violation of 18 U.S.C.…
William Nicholas Karcher v. Louie L. Wainwright, Director, Florida Division of Corrections Page 11014
William Nicholas Karcher has appealed from the district court’s denial of his petition for habeas corpus.…
Jesse Roots, a prisoner of the State of Florida, filed a pro se complaint in the district court seeking a declaratory judgment against J.…
Ottis Mayo Jones v. J. D. Riggsby, Associate Warden, United States Penitentiary, Atlanta, Ga. Page 11017
Appellant is a federal prisoner who has complained, inter alia, that prison officials in the United States Penitentiary at Atlanta have prevented his free exercise of religion in connection with a group which he founded, styled the Equity Counselling Services, also known as the Church of Equity.…
United States v. Robert Edward Johnson Page 11018
The only thing unusual about this direct criminal appeal from conviction for failing to obey a lawful order of a Selective Service Board (a violation of 50 U.S.C.A.…
Appellant International Wire appeals from the dismissal of its § 303 complaint on appellee’s motion for summary judgment.…
This is an appeal from a summary judgment entered in the appellant’s action brought pursuant to Section 205(g) of the Social Security Act to review a decision of the Secretary of Health, Education and Welfare, in which the Secretary declined to reopen a claim for old age benefits.…
Plaintiff-appellant appeals from an order entered by a District Judge affirming the Secretary of Health, Education and Welfare’s denial of child benefits under § 202(d)(1)(B) of the Social Security Act, 42 U.S.C.…
United States v. Mitchell Page 11024
474 F.2d 1351 U. S.v.Mitchell 72-1769 UNITED STATES COURT OF APPEALS Seventh Circuit 3/20/73 1 N.D.Ill.…
Richard Courson (Courson) brought this action against Maryland Casualty Company (Maryland) in the Circuit Court of Ashley County, Arkansas, to recover the sum of $10,000.00 under the uninsured motorist clause of an automobile insurance policy theretofore issued to Courson by Maryland.…
OPINION Appellants Doris Day Melcher and the estate of her deceased husband, Martin M.…
Sandoval was convicted by a jury of refusing to submit to induction into the Armed Forces in violation of the provisions of 50 U.S.C.…
Jack Ando v. The Great Western Sugar Company Page 11030
Jack Ando, a citizen of the State of Wyoming, brought an action in the United States District Court for the District of Wyoming against the Great Western Sugar Company, a Delaware corporation with its principal place of business in the State of Colorado.…
In this appeal from the Tax Court, the petitioner-appellant Merchants Industrial Bank contends that the Commissioner of Internal Revenue improperly disallowed portions of the taxpayer’s additions to a reserve for bad debts in each of the years 1965, 1966, and 1967.…
These consolidated Petitions for Review seek to set aside an order of the Civil Aeronautics Board (Board) requiring Transameriea Corporation (Transamerica) to divest its wholly owned subsidiary, the Foreign Study League (FSL).…
Jessie Mae Warren v. Albert Lopatin Page 11033
This appeal challenges a judgment of the District Court denying an injunction sought to permanently restrain the sale of appellant’s home to satisfy the lien of a second deed of trust thereon.…
Mark Avrech v. The Secretary of the Navy Page 11035
Appellant, Mark Avrech, brought this suit seeking a declaration that his 1969 court-martial conviction was constitutionally invalid under the First and Fifth Amendments and an order that the conviction be expunged from his military record and that he recover all pay and benefits lost by reason of the conviction.…
Missouri Edison Company v. Federal Power Commission, Panhandle Eastern Pipe Line Co., Intervenor Page 11037
This is another of a series of eases beginning a score of years ago and continuing through 1969, in which Panhandle Eastern Pipe Line Company, a major interstate pipeline system, has opposed the effectuation of the long-established policy of the Federal Power Commission “to favor service to industrial customers by…
Alvin Klupt and his controlled corporation, Purchasing Corporation of America, appeal from judgments of conviction, after a ten-day jury trial before Chief Judge James S.…
Darrell G. Nimnicht v. Dick Evans, Inc. Page 11039
This is a seaman’s action for damages for personal injuries sustained while working on a barge off the coast of Louisiana.…
United States v. Obadiah Stephenson Page 11041
Stephenson was named as the sole defendant in a three-count indictment for possession of heroin.…
Appellants Carlton and Roberts were jointly indicted and tried in the Southern District of Florida on a two-count indictment which charged them with the possession of counterfeit money in violation of 18 U.S.C.A.…
Appellants were convicted of violating 18 U.S.C.A.…
United States v. Joseph Stanley Todd Page 11045
The appellant with two other persons was charged by a three count indictment with three offenses involving a Schedule II controlled substance, approximately 3970 amphetamine tablets, under Title 21, U.S.Code, Sections 846 and 841(a)(1), such sections being embodied in Public Law 91-513, October 27, 1970, 84 Stat.…
United States v. Phillips and Yocky Page 11048
474 F.2d 1351 U. S.v.Phillips and Yocky 72-1738, 72-1542 UNITED STATES COURT OF APPEALS Seventh Circuit 3/19/73 1 N.D.Ill.…
Hines v. United States Page 11049
474 F.2d 1351 Hinesv.U. S. 72-1639 UNITED STATES COURT OF APPEALS Seventh Circuit 3/19/73 1 N.D.Ill.…
United States v. Harold Edward Burton Page 11050
The appellant before us was tried by jury and convicted of the offense of possession of firearm traveling in and affecting interstate commerce in violation of 18 U.S.C.A.…
Julius Hellman v. Colonial Insurance Company Page 11051
In this action, plaintiff was injured in an accident occasioned by a runaway Mack tractor and trailer operated in Montana by a driver for Produce Dispatch, Inc., a California Corporation, who had obtained the use of the truck from one Bye, a former owner of the truck, who, with the new owner’s permission, had obtained…
United States v. Brian Carey, D.P.M. Page 11052
On June 25, 1971, the appellant, a podiatrist licensed under California law, was indicted in a nine-count indictment with violations of 18 U.S.C.…
United States v. Richard Herman Lord Page 11053
Defendant was convicted of narcotics violations.…
Park Anderson, Warden, Oklahoma State Penitentiary, the State of Oklahoma v. Henry Edward Watt Page 11054
The appellee, Henry Edward Watt, was tried in the Oklahoma state courts in 1967 for the “Illegal Sale of Marihuana After a Former Conviction of a Felony.” He was found guilty by the jury and also sentenced by the jury.…
United States v. Gerald O. Morgan Page 11055
Appellant was convicted after jury trial in the United States District Court for the District of Columbia on charges of first degree burglary while armed, armed robbery, and assault with a deadly weapon.…
United States v. Robert A. Ricks Page 11056
Prior to the jury verdict in this criminal case one of the jurors was excused because of the death of her father and the trial, with the approval of the defendant and his counsel, proceeded to verdict.…
The basic question presented on this petition for enforcement is whether there was substantial evidence to support the Board’s findings.…
This is an appeal by a Puerto Rico drug manufacturer, Dianovin, and its president, from an order of the district court 1 reinstating its earlier permanent injunction restraining them from activities violative of the Federal Food, Drug and Cosmetic Act (the “Act”).…
This is an appeal from a district court decision, 348 F.Supp. 506, that a lease and so-called dual enrollment agreement between the Holy Infant Jesus School of the Roman Catholic Bishop of Manchester (“Holy Infant”) and the Nashua School District No. 42 (the “Nashua School District”) violate the Establishment Clause…
476 F.2d 755 Fed. Sec. L. Rep. P 93,817SECURITIES AND EXCHANGE COMMISSION, Petitioner,v.Charles E.…
United States v. George Nathan Page 11062
In August 1970, a one-count indictment was filed in the United States District Court for the Eastern District of New York, charging 21 defendants with conspiracy to violate the narcotics laws.…
Richard Dewayne McCloud v. V. Lee Bounds, Director of North Carolina Dept. Of Corrections Page 11063
Richard Dewayne McCloud, a North Carolina state prisoner, appeals from the district court’s denial of habeas corpus relief.…
We affirm the District Court’s determination that this is not a proper class action because the size of the class is demonstrably small.…
The motion to vacate the stay order entered by a single Judge of this Court at a time when the Court was not in session and when exceptional circumstances existed, has been considered and is hereby denied.…
United States v. Scalise Page 11078
474 F.2d 1351 U. S.v.Scalise 71-1876 UNITED STATES COURT OF APPEALS Seventh Circuit 3/16/73 1 N.D.Ill.…
This is an appeal from a judgment of the District Court for the Eastern District of Oklahoma denying the petition of the appellant for relief pursuant to 28 U.S.C.…
Appellant seeks reversal of a judgment of the United States District Court for the Western District of Oklahoma where he filed a petition pursuant to 28 U.S.C.…
In 1966 the National Labor Relations Board issued its decision that Southland Manufacturing Corporation had violated Sections 8(a)(1), (3), and (5) by wrongfully discharging an employee, refusing to reinstate striking employees, and shutting down its plant.…
Appellant, who was convicted of possession of a sawed-off shotgun, 1 rais *934 es a number of issues, only one of which deserves comment.…
Juan A. Gonzalez, administrator of the estate of his deceased brother Efrain, brought an action in the United States District Court for the District of Connecticut seeking damages against a then unknown Hartford police officer, other named supervisory police officials of the City of Hartford, the former City Manager…
Edgar G. Dailey v. Transitron Electronic Corporation, and Transitron Overseas Corporation Page 11100
.In this case an employee sues his former employer for breach of an employment contract.…
Plaintiffs below sought a temporary restraining order, a preliminary injunction, and a permanent injunction to prevent defendant Brinke from unlawfully operating as a freight forwarder without an Interstate Commerce Commission (ICC) permit.…
ORDER. This is a petition for enforcement of an order of the National Labor Relations Board 1 which should never have been brought to the attention of this Court.…
Johnson v. Homestead Realty Page 11104
474 F.2d 1351 Johnsonv.Homestead Realty 71-1848, 71-1923 UNITED STATES COURT OF APPEALS Seventh Circuit 3/15/73 1 N.D.Ill.…
Szczesny v. Ward Page 11105
474 F.2d 1351 83 L.R.R.M. (BNA) 2041 Szczesnyv.Ward 71-1872 UNITED STATES COURT OF APPEALS Seventh Circuit 3/15/73 1 N.D.Ill.…
People Ex Rel. McGuire v. Brantley Page 11106
474 F.2d 1351 People ex rel. McGuirev.Brantley 71-1873 UNITED STATES COURT OF APPEALS Seventh Circuit 3/15/73 1 S.D.Ill.…
Unitarian Church v. McConnell Page 11108
474 F.2d 1351 Unitarian Churchv.McConnell 72-1183 UNITED STATES COURT OF APPEALS Seventh Circuit 3/15/73 E.D.Wis., 337 F.Supp. 1252 AFFIRMED
United States v. Jeffries Page 11109
474 F.2d 1351 U. S.v.Jeffries 72-1194 UNITED STATES COURT OF APPEALS Seventh Circuit 3/15/73 1 E.D.Ill.…
ORDER On July 10, 1969, the Federal Trade Commission issued five administrative complaints against the present plaintiffs-appellants.…
United States of America, Cross-Appellee v. Cooperative Grain and Supply Co., Cross-Appellants Page 11113
This consolidated appeal is from a series of civil actions for damages and statutory penalties under the first and second grounds of the False Claims Act, 31 U.S.C.…
This is an appeal from an order granting summary judgment in favor of the defendant.…
In the District Court appellant, Wilson, sued the Secretary of the Treasury and the Commissioner of the Bureau of Narcotics in the Treasury 1 to have declared involuntary a resignation he had signed as an employee of the Bureau, and for related relief.…
United States v. Clarence E. Jones Page 11120
Appellant, Clarence E. Jones, was convicted in the United States District Court for the District of Columbia of a violation of D.C.Code § 22-2801 (1967), 1 carnal knowledge of a female child under sixteen years of age.…
Stark Ritchie v. Ralph Landau Page 11122
Plaintiff-appellant, a lawyer, commenced this diversity action in the United States District Court for the Southern District of New York by filing a complaint on November 18, 1970, in which he named two defendants, first, Ralph Landau, a 43% stockholder in Halcon International, Inc., its president and its chief…
United States v. Elvin Lee Bynum Page 11123
These are appeals by Elvin Lee Bynum, Joseph Cordovano, Abraham Wright, Lance Small, Newbry Mitchell, Irving Birnbaum, Vincent Altamura, *834 Angelo Mele, John Coniglio, Charles Tuzzolino, John Feroldi, Levis Nedd, Fannie Mae Garnett and Jacqueline Fuller Dyson from judgments of conviction entered on June 27, 28 and…
This is a civil action wherein the plaintiff, Mrs. Cornelius Cuthbertson Hill, seeks to recover compensatory and punitive damages from the defendants, police officers of the City of Charlotte, North Carolina.…
Carl Eugene Phillips appeals from a judgment entered upon a jury verdict in favor of the Chesapeake and Ohio Railway Company denying him recovery for injuries he suffered in two unrelated accidents.…
This is an appeal from an order enjoining appellants, Northside Realty Associates, Inc. and its Executive Vice President, Ed A.…
The district court has responded to our memorandum-opinion dated November 14, 1972, 468 F.2d 1366, in this cause by entry of the order copied in the margin.…
Owen M. Frye appeals the district court’s denial of his petition for an injunction against J.…
A careful review of the record convinces us that the decision of the Secretary is supported by substantial evidence.…
This appeal is taken from an order of the district court dismissing the mandamus petition of a federal prisoner seeking credit under 18 U.S.C.…
This is an appeal by the plaintiff-appellant, a non-profit private school foundation, from an order of the District Court of the Middle District of Alabama, 343 F.Supp. 495, granting a motion to dismiss its complaint for an injunction against the Secretary of the Treasury and the Commissioner of Internal Revenue.…
United States v. Taylor Page 11137
474 F.2d 1351 U. S.v.Taylor 72-1085, 72-1086 UNITED STATES COURT OF APPEALS Seventh Circuit 3/14/73 1 N.D.Ill.…
United States v. Bachner Page 11138
474 F.2d 1351 U. S.v.Bachner 72-1134 UNITED STATES COURT OF APPEALS Seventh Circuit 3/14/73 1 N.D.Ill.…
Plaintiffs have appealed from the entry of summary judgment in favor of the defendants as to alleged violations of the Thirteenth Amendment’s prohibition against involuntary servitude and from the dismissal of the complaint as to all other claims.…
Shiosaki is an electrical engineer in Southern California.…
This appeal tenders for resolution questions as to the examinatorial entitlements of the criminally accused at federal preliminary hearings.…
Alfred Wilson v. Nooter Corporation, and Third-Party v. The H. K. Ferguson Company, Third-Party Page 11147
Appellee Ferguson was the general contractor for the construction of a brewery in Merrimack, New Hampshire.…
United States v. Lemuel Leon Orr, Jr. Page 11148
This is an appeal by Lemuel Orr, Jr., from a judgment of conviction entered *1367 on June 14, 1972 after a non-jury trial before Hon.…
The issue here presented is whether the appellees, Rudolph R.…
United States v. Vincent Rollins Page 11150
We are called upon to interpret a provision of this Court’s Rules Regarding Prompt Disposition of Criminal Cases, often referred to as the Second Circuit Speedy Trial Rules.…
This is an appeal by Broadview Chemical Corporation (Broadview) from a judgment of the United States District Court for the District of Connecticut, M.…
We affirm the judgment for the reasons stated by the district court.…
Freeman v. Parham Page 11163
The sole question on this appeal is whether certain provisions of Title XIX of the Social Security Act, 42 U.S.C.A.…
474 F.2d 1344 *dArrow Transportation Companyv.Point Landing, Inc. 72-2899 UNITED STATES COURT OF APPEALS Fifth Circuit March 13, 1973 1 E.D.La.…
Plaintiffs, registered voters in East Feliciana Parish, Louisiana, brought suit in the district court to challenge the constitutionality of the apportionment, of the East Feliciana Parish School Board.…
Appellant, a Texas state prisoner, filed a habeas corpus petition alleging (1) that his state conviction was invalid because an involuntary confession had been used against him at his trial, (2) that he had not been accorded his rights under Jackson v. Denno, (1964), 378 U.S. 368, 84 S.Ct.…
474 F.2d 1345 73-1 USTC P 9283 *dPaula Construction Companyv.Commissioner of Internal Revenue 72-3710 UNITED STATES COURT OF APPEALS Fifth Circuit March 13, 1973 T.C.La., 58 T.C.…
United States v. Claude Jackson Page 11170
The principal issue raised by this appeal is whether a prosecutor may comment on a marked change in the defendant’s physical appearance shortly prior to his prospective identification by eyewitnesses.…
This case involves a collision between an automobile owned and used by defendants Cherry E.…
MEMORANDUM ORDER Before CHAMBERS, WRIGHT and TRASK, Circuit Judges.…
United States v. Ralph G. Hershberger Page 11176
The United States of America appeals from a summary judgment dismissing its suit to foreclose federal tax liens against the interest of Ralph G.…
Briarcliff Candy Corporation, (Formerly Loft Candy Corporation) v. Commissioner of Internal Revenue Page 11177
This is an appeal by Briarcliff Candy Corp. (taxpayer), formerly Loft Candy Corp. (Loft), from a decision of the Tax *777 Court which held that substantial expenditures made by Loft in the tax year July 1, 1961 to June 30, 1962, in developing a market for the sale of its candy to wholesale customers were made to…
United States v. Paul Oddo and Lucien Madere Page 11178
Paul Oddo and Lueien Madere appealed from judgments of conviction, entered on June 30, 1972, for various narcotics violations.…
476 F.2d 355 John A. HILBERT, III, Petitioner,v.The Honorable John F.…
474 F.2d 1344 73-1 USTC P 9282 dCosmopolitan Credit Corporationv.Commissioner of Internal Revenue 72-3078 UNITED STATES COURT OF APPEALS Fifth Circuit March 12, 1973 1 T.C.Tex.
ORDER This action is before the Court on the petitioner’s motion for summary affirmance.…
Philip Benjamin Blackmon v. United States Page 11190
On direct appeal from his conviction of armed bank robbery (18 U.S.C.…
Rasco v. United States Page 11191
474 F.2d 1351 Rascov.U. S. 72-1593 UNITED STATES COURT OF APPEALS Seventh Circuit 3/12/73 1 S.D.Ill.…
Michael E. Remmers v. Lou v. Brewer, Warden Page 11194
Michael E. Remmers, a prisoner in the Iowa State Penitentiary, filed his pro se complaint in United States District Court, alleging a deprivation of his civil rights under 42 U.S.C.…
Angelo Bruno v. United States Page 11195
On October 16, 1934, the appellant, Angelo Bruno, an alien, pleaded guilty in the Western District of Missouri to an indictment charging him with narcotic trafficking.…
Robert W. Hanson v. United States Page 11196
Hanson sued the United States for injuries sustained when he fell through a temporarily uncovered deck opening on the S.S.…
United States v. Alfred Lee Simmons Page 11198
The appellant, Alfred Lee Simmons, was found guilty after jury trial for a knowing failure to report for induction into the armed forces of the United States.…
On February 16, 1972, a two count indictment was returned charging defendants Ernest James Cox and Ella Doris Roberts with violating 21 U.S.C.…
Turner is a California state prisoner. He was convicted by a California state jury of felonious assault, robbery and burglary.…
OPINION OF THE COURT This is an appeal by the plaintiffs, Local 336, American Federation of Musicians, AFL-CIO, (the local union) and Diane Martin (the leader) from an order dismissing their complaint in the district court for want of jurisdiction.…
This is a Texas diversity case. Desirous of deciding it with dispatch but worshipping accuracy more dearly than speed we awaited the decision of the Supreme Court of Texas in Latham v. Security Insurance Company of Hartford, Tex., 1972, 491 S.W.2d 100.…
Defendants Brooks and Deutseh were jointly indicted in two counts for violation of 18 U.S.C.…
We are in agreement with the well considered memorandum opinion of the district court, Paine et al.…
Jamie N. Moye, a prisoner of the State of Georgia, filed a pro se petition in the Northern District of Georgia requesting the court to compel the clerk of the DeKalb County Superior Coprt to comply with his request for production of the transcript and other documents relating to his state conviction.…
Charles Thomas Buchannon v. Louie L. Wainwright, Director, Florida Division of Corrections Page 11213
The district court denied the petition of Buehannon, a Florida state prisoner, for a writ of habeas corpus.…
Joseph A. Slabaugh v. United States Page 11214
This appeal concerns the refusal of a 21-year old male member of the Old Order Amish sect, who had been classified by his local draft board as a conscientious objector, to report for alternate civilian service.…
United States v. Bjerkan Page 11215
474 F.2d 1351 U. S.v.Bjerkan 72-1301 UNITED STATES COURT OF APPEALS Seventh Circuit 3/9/73 1 N.D.Ill.…
This case involves an insurance coverage question arising out of an aircraft accident which occurred on March 6, 1971, while Dr. Phil L.…
United States v. James Leroy Cochran Page 11219
The defendant James Leroy Cochran was convicted of robbing the federally insured Cass Federal Savings and Loan Association, St. Louis, Missouri, in violation of 18 U.S.C.…
Mesa Farm Co v. United States Page 11220
Mesa Farm Company and Mesa Farms, Inc., appeal from a denial by the United States District Court for the Northern District of California of a petition for review of the Referee in Bankruptcy’s order directing them to pay an additional $22,200 into the-Refer*1005ees’ Salary and Expense Fund (hereinafter Fund).…
These two appeals, consolidated for argument and disposition, present contract and tort issues concerning the scope of, and the method of terminating, a sales representative agreement and questions concerning district court procedures pertaining to discovery, amendment of pleadings and motions for summary judgment.…
Appellant was convicted for transporting three aliens who he knew were illegally in the United States.…
Paul J. Bordallo v. Carlos G. Camacho Page 11223
475 F.2d 712 Paul J. BORDALLO, Plaintiff-Appellant,v.Carlos G.…
Earl Robinson v. United States Page 11226
Appellant was convicted in April, 1968, on a guilty plea in the district of Kansas to a charge of bank robbery and putting in jeopardy the lives of bank officers by use of dangerous weapon.…
These two criminal appeals were consolidated with a third — No. 24,085, United States v. Coefield, 155 U.S.App.D.C.…
475 F.2d 401 154 U.S.App.D.C. 290, 1973-1 Trade Cases 74,401 STANDARD EDUCATORS, INC.…
The National Labor Relations Board has petitioned this court pursuant to Section 10(e) of the National Labor Relations Act, as amended (29 U.S.C.…
This is an appeal by the petitioners from a decision of the Tax Court, Hon.…
United States v. Theron Clark Page 11231
Theron Clark appeals from a judgment of conviction in the Eastern District of New York, following a jury trial before Judge Mark A.…
Columbia Broadcasting System, Inc. v. Teleprompter Corporation and Conley Electronics Corporation Page 11232
Plaintiffs-appellants, Columbia Broadcasting System, Inc. (CBS), Calvada Productions, Jack Chertok Television, Inc., and Dena Pictures, Incorporated appeal from a final judgment entered after trial in the Southern District.…
OPINION OF THE COURT The Government of the Virgin Islands appeals from a judgment entered in the District Court of the Virgin Islands reversing the judgments of the Municipal Court of the Virgin Islands on which the defendant, William Hamilton, was convicted of three charges, namely, brandishing and exhibiting a…
On July 31, 1972 the National Labor Relations Board found that Universal Manufacturing & Supply Company had violated § 8(a)(1) of the National Labor Relations Act by engaging in unlawful surveillance of a union meeting and unlawfully interrogating an employee.…
As a rare animal too often neglected and overlooked as aggrieved parties sur*1103vey the appellate zoo, this case comes to us on an agreed statement, F.R.A.P.…
This is an appeal from a denial of a petition for a writ of habeas corpus.…
Kenneth Eastin v. City of New Orleans Page 11247
After viewing a film entitled “Deep Throat” an officer of the New Orleans Police Department made a detailed affidavit for a search warrant of the motion picture house for the purpose of seizing and confiscating the film prints as being obscene.…
United States v. Eugene Howard Edwards Page 11250
Appellant appeals from his conviction in a jury trial of attempted breaking and entry of a United States Post Office in violation of 18 U.S.C.…
Mendenall v. United States Page 11251
474 F.2d 1351 Mendenallv.U. S. 72-1494 UNITED STATES COURT OF APPEALS Seventh Circuit 3/8/73 1 S.D.Ill.…
Cardenas v. Smith Page 11252
474 F.2d 1351 Cardenasv.Smith 72-1924 UNITED STATES COURT OF APPEALS Seventh Circuit 3/8/73 1 N.D.Ill.…
United States v. Jeffrey Brent Stow Page 11254
Jeffrey Brent Stow was convicted of refusing to submit to induction in violation of 50 U.S.C.App.…
United States v. Jerry Mack Malcolm Page 11255
*422 OPINION Malcolm appeals from his conviction for armed bank robbery.…
Gilbert C. Waite v. Louis Jacobs Page 11257
Appellant was civilly committed to Saint Elizabeths Hospital, an institution for the mentally ill, in 1952.…
This case involves a challenge to a will executed by the caveator’s uncle on June 6, 1966, which named an 80-year old woman, the caveatee and appellee herein, as principal beneficiary under the will.…
United States v. Richard M. Penta Page 11260
475 F.2d 92 UNITED STATES of America, Appellee,v.Richard M.…
John Kloster, a longshoreman, brought this action for injuries he received while loading pipe from a gondola ear into the S.S.…
474 F.2d 1342 Perkinsv.South Carolina National Bank of Charleston 72-2108 UNITED STATES COURT OF APPEALS Fourth Circuit 3/7/73 1 D.S.C.…
Daniel Cox v. Otis Engineering Corporation Page 11267
Daniel Cox brought suit against Otis Engineering Corporation under the Jones Act, 46 U.S.C.…
Appellants Stephan Kasouris and Sandra Lee MeLamb (now Serifovski) were indicted for conspiring to conceal material facts in an effort to defraud the Immigration and Naturalization Service of the United States.…
Appellants appeal from denial of their petitions for writs of habeas corpus by the United States District Court for the Eastern District of Tennessee, Southern Division.…
This is an appeal by the United States from an order of the United States District Court for the Northern District of Ohio denying judicial enforcement of a summons issued under the provisions of § 7602 of the Internal Revenue Code of 1954.…
Defendants-appellants, along with a defendant, Jackson, subsequently acquitted, were charged in a twelve-count indictment with causing falsely made and forged securities (twelve money orders) to be transported in interstate commerce with fraudulent intent in violation of 18 U.S.C.…
United States v. Kenneth David Cate Page 11287
Appellant was convicted for failure to report for induction in violation of 50 U.S.C.…
United States v. Charles Cary Chudy Page 11288
Appellant was indicted on five counts of violating selective service regulations, 50 U.S.C.…
United States v. Roberto Sanchez-Rodriguez Page 11289
Appellant was charged in a twelve-count indictment with one count of conspiracy (18 U.S.C.…
Appellants were found guilty of second-degree murder, submitted under a revised indictment as a lesser included offense to a felony-murder charge, and of armed robbery.…
R. J. Mazza died a resident of Maryland, leaving a will which named appellant — his wife, Ennis Mazza — executrix and sole beneficiary, and which made no provision for the payment of the federal estate tax.…
OPINION OF THE COURT This is an appeal from an order of the district' court dismissing a complaint for failure to state a claim upon which relief may be granted.…
OPINION OF THE COURT This is an appeal from an order of the district court which denied appellant’s motion for the convening of a three-judge district court and dismissed his complaint, 342 F.Supp. 516.…
OPINION OF THE COURT Paragon Homes, Inc., appeals from the judgment of the District Court for the District of the Virgin Islands in the sum of $18,770 in favor of Nora B.…
In a suit by Mr. and Mrs. Francis M Rogallo for a tax refund, the district court entered judgment for the taxpayers.…
Gregory N. Aldridge v. Andrew Mullins Page 11297
474 F.2d 1189 Gregory N. ALDRIDGE, Plaintiff-Appellee,v.Andrew MULLINS, Defendant-Appellant.…
Appellant Hahn, in 1964, signed a contract with defendant life insurance company as a district manager and a salesman for said company of life and accident insurance.…
United States v. Pollack Page 11299
474 F.2d 1351 U. S.v.Pollack 72-1691 UNITED STATES COURT OF APPEALS Seventh Circuit 3/6/73 1 N.D.Ill.…
Plaintiff is a stockholder of defendant Peoria Service Company (Peoria), a dissolved Illinois corporation that formerly operated two cold storage warehouse facilities in Peoria, Illinois.…
The Yamaha International Corporation appeals from a judgment for $67,224.50 in favor of the McGinnis Piano and Organ Company.…
The state has appealed from a judgment of the district court, granting a writ of habeas corpus and directing the release of Jellum unless the state should reindict him.…
National Labor Relations Board v. Hijos De Ricardo Vela, Inc., and Vela Distributing Corp. Page 11310
The National Labor Relations Board (the “Board”) has made application under Section 10(e) 1 of the National Labor Relations Act (the “Act”) for enforcement of its order dated November 30, 1971, requiring the respondent companies affirmatively to remedy unfair labor practices which a Board Trial Examiner found them to…
United States v. Herbert R. Jacobs Page 11311
Appellants were tried in the District Court for the Southern District of New York before Judge Gurfein and a jury, on a six-count superseding indictment.…
This petition for review raises the issue whether the recipient of full and legally-prescribed notice of a proposed change in visa status, after being informed of the nature and implication of the change and after waiving by silence the various options available, can overturn the findings of an INS Special Inquiry…
OPINION OF THE COURT State prisoner Gary G.…
In this case a stevedoring company seeks to recover from a subagent of a ship-charterer the value of services rendered to the ship.…
What this case presents is whether the failure of a nominal shipper to pay an additional $6.88 for Trans-Isthmian handling charges on equipment directly destined to a Panama Canal Company construction contract limits Canal Company’s liability for cargo damage to less than the full stipulated loss of $9,610.85.…
This is an appeal from the denial of a preliminary injunction in which Mrs. Newmon alleges that Delta Air Lines’ maternity leave policy violates Title VII of the Civil Rights Act of 1964 [42 U.S. C.A.…
This matter is before the court on a request by appellant Aerojet-General Corporation for a temporary stay of state court proceedings pending this court’s resolution of this appeal from an .order of the United States District Court for the Northern District of Florida.…
Thomas Scott Delong v. United States Page 11321
Appellants are presently serving three-year federal sentences imposed pursuant to convictions on guilty pleas for violating the Dyer Act, 18 U.S.C.…
Manuel Banderas-Aguirre v. United States Page 11322
This appeal arises from an order of the district court denying the motion of a federal prisoner to vacate sentence pursuant to 28 U.S.C.…
The appellant’s suit was dismissed below without prejudice to the plaintiff’s right to sue the United States under the Tucker Act 1 in the U.…
ORDER. This case came on to be heard before a panel appointed pursuant to Rule 3(e) of this Court.…
Duke v. United States Page 11329
474 F.2d 1351 Dukev.U. S. 72-1130 UNITED STATES COURT OF APPEALS Seventh Circuit 3/5/73 1 S.D.Ind.…
U. S. Ex Rel. Noga v. Laird Page 11330
474 F.2d 1351 U. S. ex rel. Nogav.Laird 72-1973 UNITED STATES COURT OF APPEALS Seventh Circuit 3/5/73 1 N.D.Ill.…
This appeal concerns a diversity suit in tort.…
OPINION Price and Coffey appeal from their convictions for armed robbery of a post office (18 U.S.C.…
United States v. Agop Kismetoglu Page 11335
Relying on the court’s opinion in United States v. One 1967 Cadillac El Dorado, 453 F.2d 396 (9th Cir. 1971), a per curiam opinion was filed on October 30, 1972, in United States v. Kismetoglu, 468 F.2d 1386 (9th Cir. 1972), affirming the judgment of the district court in United States v. Kismetoglu, 350 F.Supp. 333…
United States v. Kerry Edward Knox Page 11337
Kerry Edward Knox was convicted after a court trial for refusal to complete induction processing in violation of the Selective Service Act of 1967, 50 U.S.C.…
Appellants were convicted of possessing, with intent to distribute, approximately 18 pounds of marijuana in violation of 21 U.S.C.…
United States v. James Earl Grant, Jr Page 11343
ORDER Upon careful consideration of the petition for rehearing, with the concurrence of Circuit Judge CRAVEN, the.…
The National Labor Relations Board seeks enforcement of its order that the respondent, Muscogee Lumber Co., Inc., cease and desist from violating sections 8(a)(5) and 8(a)(1) of the Act, 29 U.…
Lawrence Univester Hargrett v. Louie L. Wainwright, Director Florida Division of Correction Page 11350
The district court denied the habeas corpus petition of Hargrett, a Florida prisoner.…
United States v. James E. Williams Page 11351
James E. Williams was convicted of a violation of 18 U.S.C.…
Robert Benjamin Haynie v. United States Page 11354
Appellant pleaded guilty to an indictment and to informations which charged him in a total of seven counts with multiple violations of 18 U.S.C.A.…
This is an appeal from a judgment, in a personal injury action, for $42,400, reduced from a jury verdict of $52,400 by a remittitur of $10,000, to which the ap-pellee agreed.…
This is an appeal from an order of the District Court enforcing an Internal Revenue summons, Title 26 U.S.C.…
On March 16, 1965, plaintiff Wahl [the parties will be referred to as in the court below] was granted Patent No. 3,173,583 on a “bin activator,” a device which attaches to the bottoms of storage bins or hoppers and by imparting vibrations to the hoppers or bins, facilitates the flow of powdered, granular, pulverized…
Air Shield v. Air Reduction Page 11358
474 F.2d 1351 177 U.S.P.Q. 247 Air Shieldv.Air Reduction 71-1453, 71-1454 UNITED STATES COURT OF APPEALS Seventh Circuit 3/2/73 N.D.Ill., 331 F.Supp. 673 AFFIRMED
United States v. Frank Peter Teresi Page 11359
Defendant was convicted after a bench trial of a charge of wilfully refusing to submit to induction into the Armed Forces in violation of 50 U.S.C.…
United States v. Robert Loren Weaver Page 11360
Robert Loren Weaver, defendant-appellant, was convicted on an indictment charging his willful refusal to report for induction into the Armed Services in violation of 50 App.…
This appeal presents the question whether plaintiff qualified as a small business corporation within the meaning of Section 1371(a) of the Internal Revenue Code, thus supporting its timely elections under Section 1372(a) not to be subject to corporate income taxes for the fiscal years 1961, 1962 and 1963.…
James Thomas v. Walter Craven, Warden Page 11364
AMENDED OPINION James Thomas, a California state prisoner, appeals the denial of his petition for a writ of habeas corpus.…
Frank J. Parker v. United States Page 11365
Parker appeals the district court’s denial of his petition for post-conviction relief under 28 U.S.C.…
OPINION OF THE COURT Communication, Splicing and Engineering Company, Inc., appeals from a district court judgment affirming a decision of the Commissioner of Labor of the Virgin Islands requiring it to reimburse the Government Insurance Fund for a workmen’s compensation award and, in addition, to pay a thirty percent…
On August 27, 1971, the Brazilian owned M/S Netuno collided with the M/V TransMichigan, a German owned vessel, in the waters of Lake Huron.…
This case arises out of a representation election held May 5, 1971 among certain employees of White Knight Manufacturing Company to determine whether they desired to be represented for collective bargaining purposes by Textile Workers Union of America, AFL-CIO.…
The NLRB seeks enforcement of its order that the respondent, Sunnyland Refining Co., cease and desist from violating sections 8(a)(5) and 8(a)(1) of the National Labor Relations Act, 29 U.S.C.…
On the authority of Anderson v. Beto, 5 Cir., 1972, 469 F.2d 1076, Dixon v. Beto, 5 Cir., 1973, 472 F.2d 598 [1973] the District Court’s grant of Habeas Corpus, 348 F.Supp. 423, is reversed and the case remanded for appropriate hearing by the Federal District Court.…
This appeal comes before us under the provisions of Local Rule 9(c)(2), the appellant having failed to file a brief.…
Alton R. Wells v. Shop Rite Foods, Inc. Page 11378
This defamation suit was brought by an ex-employee against his former employer, a Texas corporation.…
Clinton Manges v. William B. Camp Page 11380
Clinton Manges, owner of controlling interest in the stock of The Groos National Bank, received an order on March 4, 1971, from the Comptroller of the Currency of the United States, prohibiting Manges “from further participation in any manner in the conduct of the affairs of The Groos National Bank”.…
This is an appeal from summary judgment in favor of the Defendant Island Creek Coal Company.…
This case is before the Court on the petition of Pepper & Tanner, Inc. (the Company) to review an order of the Na *1257 tional Labor Relations Board and the cross-application of the Board for enforcement of its order.…
The legitimacy of a minor child is the issue presented in this Social Security case.…
James William Daulton v. United States Page 11385
Appellant was indicted, convicted and sentenced for violation of 18 U.S.C.…
Shoup v. Marshall Field Page 11386
474 F.2d 1351 177 U.S.P.Q. 353 Shoupv.Marshall Field 71-1860 UNITED STATES COURT OF APPEALS Seventh Circuit 3/1/73 N.D.Ill., 329 F.Supp. 1240 REVERSED ANDREMANDED
Garr v. Pivarnik Page 11387
474 F.2d 1351 Garrv.Pivarnik 72-1896 UNITED STATES COURT OF APPEALS Seventh Circuit 3/1/73 1 N.D.Ind.…
The Stockholders’ Protective Committee appeals from orders of the District Court with respect to a plan for reorganizing Moulded Products, Inc. Moulded Products, Inc., is a publicly held corporation engaged primarily in the business of rotational molding.…
United States v. Ronald Journey Page 11391
This is an appeal from the denial of post-conviction relief sought by a federal prisoner under 28 U.S.C.…
United States v. Stuart Blackburn Perry Page 11395
A one-count indictment charged defendant-appellant with violating 50 App.…
A jurisdictional dispute arose between the tile setters and bricklayers of a local union, the Bricklayers, Stone Masons, Marble Masons, Tile Setters and Terrazzo Workers Local Union No. 1 of Tennessee, an affiliate of the Bricklayers, Masons and Plasterers International Union of America (hereinafter referred to as the…
I. A petition by the Bell Aerospace Company Division of Textron Inc. (Bell) to review and a cross-petition by the National Labor Relations Board to enforce a bargaining order, 187 N.L.R.B.…
Petitioner seeks a writ of mandamus to compel the Attorney General of the United States and the Warden of the Atlanta Federal Penitentiary to transfer his place of confinement from Atlanta to Lewisburg, Pennsylvania, so that he might be incarcerated in close proximity to the residence of his wife and children.…
Braxton’s petition for habeas corpus relief from his Florida conviction and sentence was denied by the court below, and he appeals.…
The Secretary of Labor [Secretary] has appealed from an order of the District Court granting summary judgment dismissing his complaint in an action to declare void an election conducted by District 6, United Mine Workers of America [union], in violation of the Labor-Management Reporting and Disclosure Act of 1959…
United States v. Walsh Page 11411
474 F.2d 1351 U. S.v.Walsh 72-1367 UNITED STATES COURT OF APPEALS Seventh Circuit 2/28/73 1 N.D.Ill.…
United States v. Anthony Charles Durham Page 11412
Anthony Charles Durham appeals from his conviction by a jury for the armed robbery of the treasurer of the Drover Street Federal Credit Union in Indianapolis in violation of 18 U.S.C.…
This is an appeal from a final judgment, entered pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, dismissing the complaint of plaintiff-appellant, Sarame Raynolds Strong, as against the defendants-appellees, William H.…
United States v. Umberto Jose Chavez Page 11416
This case is in most respects similar to United States v. King, 9 Cir., 1973, 478 F.2d 516, decided today.…
Financial Services, Inc. v. Ferrandina Page 11419
This “appeal” by Financial Services, Inc. (FSI) had its genesis in an action, brought against it by CT/East in New York Supreme Court, seeking damages for alleged breach of a service contract and for wrongful retention of equipment belonging to CT/East.…
United States v. Harvey Bertram Pollak Page 11420
This appeal is from a judgment of conviction on three counts of perjury, 18 U.S.C.…
One of the bases for the trial court’s decision in denying a salvage award to members of the crew of the American Pilot for services provided after her collision with the Maumee Sun, was the fact that the Pilot rendered no voluntary aid to the Sun, but was, instead, acting out of concern for her own safety.…
Appellants were convicted on August 15, 1972, of the offense of transportation in foreign commerce of four stock certificates, knowing the certificates to have been stolen, in violation of 18 U.S. C.…
opinion of the court In this appeal from the judgment of the District Court of the District of the Virgin Islands, the National Bank of North America, appellant, asks this court to vacate that portion of the judgment awarding attorney fees and to remand to the district court for an evidentiary hearing.…
475 F.2d 748 Anthony T. LEE et al., Plaintiffs, United States of America,Plaintiff-Intervenor and Amicus Curiae-Appellant,National Education Association, Inc.,Plaintiff-Intervenor,v.MACON COUNTY BOARD OF EDUCATION et al., Defendants, TroyCity Board of Education et al., Defendants-Appellees.…
United States v. Emmitt Brager Page 11434
Emmitt Brager pled guilty to a one count indictment charging violation of Title 18, U.S.C., Section 659, theft from interstate shipment of goods of a value in excess of $100, two boxes of electric drills.…
Hippodrome Oldsmobile, Inc. v. United States Page 11438
This case presents the question as to whether under a 1962 amendment to the Internal Revenue Code a corporate taxpayer may deduct as ordinary and necessary business expenses the depreciation and expenses of a pleasure boat, when concededly the company customers entertained thereon were not subjected to any specific…
ORDER This is an appeal from the Tax Court’s holding that the appellant in substance acted merely as a conduit by which its controlling shareholder, as guarantor of a loan, paid the debt owed by John L.…
Wilmer Kesinger v. Universal Airlines, Inc., and Air Line Pilots Association, International Page 11440
This is another in the series of cases concerning the jurisdiction of the Civil Aeronautics Board (CAB) to resolve labor disputes incident to its approval of a merger between air carriers.…
Appellant Rugg appeals from the District Court’s findings of validity of two Parker Sweeper patents, Patent No. 3,035,294 (hereafter ’294) and Design Patent No. 194,051 (hereafter ’051), and from a judgment granting damages for infringement and enjoining Rugg from further infringement.…
United States v. Kutchman Page 11442
474 F.2d 1351 U. S.v.Kutchman 72-1582 UNITED STATES COURT OF APPEALS Seventh Circuit 2/27/73 1 N.D.Ill.…
Bryant v. Pickett Page 11443
474 F.2d 1351 Bryantv.Pickett 72-1670 UNITED STATES COURT OF APPEALS Seventh Circuit 2/27/73 1 E.D.Ill.…
United States v. Harold Silvern Page 11445
Defendant Silvern, a Chicago attorney, was charged herein with eleven counts of mail fraud, a violation under 18 U.S.C.…
This appeal follows the denial of federal habeas relief in the District of Utah.…
United States v. Jerry Lee Holliday Page 11450
Defendant appeals from a judgment of conviction entered on a jury verdict for possession of non-tax-paid distilled spirits in violation of 26 U.S.C.…
Horace Case v. Arthur E. Morrisette Page 11451
The sole question presented for our decision is whether an owner of property in a subdivision acquired a right to park vehicles on a lot which an inscription on a revised copy of the subdivision plat, annexed to a declaration of covenants and referred to in the grantee’s deed, indicated had been set aside for that…
Anna Masszonia v. Walter E. Washington Page 11452
476 F.2d 915 155 U.S.App.D.C. 159 Anna MASSZONIA et al., Appellants,v.Walter E.…
474 F.2d 794 Nick SOTELL, Plaintiff-Appellant,v.MARITIME OVERSEAS INC., and Ocean Transportation Co., Inc.,Defendant-Appellees.OCEAN TRANSPORTATION COMPANY INCORPORATED, Defendant andThird Party Plaintiff-Appellant,v.WESTINGHOUSE ELECTRIC CORP., and New York ShipbuildingCorp., Third Party Defendants-Appellees.…
Gold brought this action pursuant to Section 205(g) of the Social Security Act, 42 U.S.C.A.…
Luna’s sole complaint on appeal is that he was denied a fair trial in the Texas state court as evidenced by an affidavit of one juror which impeached his own verdict.…
Chauncey is a Nevada state prisoner. Nevada has charged him with the crime of escape, and he asserts that Nevada has deprived him of his right to a speedy trial on that charge.…
Smith and Johnson were tried jointly before a jury and convicted of four counts of robbery while armed and five counts of assault with a dangerous weapon.…
This is an appeal from an order dated January 21, 1972 of the United States District Court for the Western District of New York, Hon.…
Joseph Carl Brown, and Paul Lyons v. Allyn R. Sielaff, Commissioner of Corrections of Pennsylvania Page 11467
OPINION OF THE COURT Appellant, a state prisoner, filed a complaint seeking injunctive relief and money damages under 42 U.S.C.…
United States v. Gary Bowdach Page 11468
We have held this case pending the decision by the court en banc in United States v. J.…
In this cargo insurance case, the district court found that at the time of the damage, the plaintiff-appellee, YorkShipley, Inc., was the owner of the boiler in question.…
472 F.2d 1406 dE. T. Barwick Mills, Inc.v.Hellenic Lines Limited 72-2506 UNITED STATES COURT OF APPEALS Fifth Circuit Feb.…
Werner v. Miller Page 11479
474 F.2d 1351 Wernerv.Miller 72-1337 UNITED STATES COURT OF APPEALS Seventh Circuit 2/23/73 1 N.D.Ind.…
United States v. Bennett Page 11480
474 F.2d 1351 U. S.v.Bennett 72-1357 UNITED STATES COURT OF APPEALS Seventh Circuit 2/23/73 1 S.D.Ill.…
United States v. Murfin Page 11481
474 F.2d 1351 U. S.v.Murfin 72-1406 UNITED STATES COURT OF APPEALS Seventh Circuit 2/23/73 1 N.D.Ill.…
Peter Kochlacs v. Local Board No. 92 Page 11483
476 F.2d 557 Peter KOCHLACS et al., Plaintiffs-Appellants,v.LOCAL BOARD NO.…
United States v. Paul John Carbo Page 11484
Carbo appeals from an order denying his motion under Rule 35, F.R.Crim.P.…
475 F.2d 370 154 U.S.App.D.C. 259 In re ESTATE of Dorothy H.…
This action was instituted by claimant-appellee Reyes in the District Court pursuant to section 205(g) of the Social Security Act (42 U.S.C.…
473 F.2d 1236 Benjamin A. DeCHRISTOFORO, Petitioner, Appellant,v.Robert H.…
On December 6, 1966 the defendant American Export Isbrandtsen Lines, Inc., (Export) and the defendant House of Albert, a partnership, entered into a contract under the terms of which the defendant House of Albert was granted a concession by Export to maintain, staff and operate the barber and beauty shops on Export’s…
United States v. William Sherman Terrell Page 11490
All four appellants appeal from convictions of violating the federal narcotics laws, 21 U.S.C.…
This appeal is from an order dismissing four federal defendants in a civil rights suit.…
Jerry White, an Alabama State prisoner incarcerated in the Mt.…
The Glen Manor Home for the Jewish Aged brings this petition to review and set aside a National Labor Relations Board order and decision finding it in violation of §§ 8(a)(1) and 8(a)(5) of the National Labor Relations Act.…
John Wayne Reeves and Sherry Marie Reeves, Wife v. Power Tools, Inc. And Omark Industries, Inc. Page 11500
This diversity action was filed by appellants Reeves to recover for serious personal injuries which the husband suffered when a cartridge exploded in a powder-activated tool which he was using in his employment as a sheet metal worker.…
Butler v. Sylvania Page 11502
474 F.2d 1351 Butlerv.Sylvania 71-1878 UNITED STATES COURT OF APPEALS Seventh Circuit 2/22/73 1 N.D.Ill.…
Peter J. Brennan, Secretary of Labor, and Mike Trbovich v. United Mine Workers of America Page 11506
This appeal involves a suit brought by the Secretary of Labor under Title III of the Labor Management Reporting and Disclosure Act of 1959 (LMRDA), 1 seeking to terminate trusteeships imposed by the United Mine Workers of America (UMWA) upon seven of its subordinate bodies known as “Districts.” 2 The District Court…
OPINION SUR PETITION FOR REHEARING IN BANC Before SEITZ, Chief Judge, and HASTIE, VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN and HUNTER, Circuit Judges.…
United States v. James D. Hockenberry Page 11509
OPINION OF THE COURT James Hockenberry, a former county detective, has taken this appeal from his conviction of making a false material declaration under oath before a grand jury in violation of the recently enacted section 1623 of Title 18, United States Code.…
Appellant’s habeas corpus petition tests the validity of the revocation of his parole as a federal prisoner.…
Appellant claims that his state court plea of guilty was involuntary and coerced because he had been subjected to an illegal search and seizure, had been denied an examining trial, and had been denied counsel for a substantial period of time, and after he obtained counsel it had been ineffective.…
Bastian-Blessing petitions to set aside and the Board seeks enforcement of an order of the National Labor Relations Board finding the employer guilty of 8(a)(5) and 8(a)(1) violations of the National Labor Relations Act, 29 U.S.C.…
United States v. Jack Billingsley Page 11525
The appellant was tried before a jury and convicted of a violation of 18 U.S.C.…
Petitioner was convicted of second degree murder in 1958, and was sentenced from ten years to life imprisonment.…
Brereton v. Illinois Bell Tel. Co Page 11527
474 F.2d 1350 Breretonv.Illinois Bell Tel.…
United States v. Anglin Page 11528
474 F.2d 1350 U. S.v.Anglin 72-1411 UNITED STATES COURT OF APPEALS Seventh Circuit 2/21/73 1 N.D.Ill.…
This case involves an application by the National Labor Relations Board [Board] pursuant to § 10(e) of the National Labor Relations Act [Act] for enforcement of its August 10, 1971 order issued against the Skelly Oil Co. [Employer] .…
Appellant brought this action in the district court to clear a purported easement from title to land owned by it in the vicinity of 15th Street and Rhode Island Avenue, N.W.…
Lester ex rel. Lester v. Dunn Page 11532
Plaintiffs-appellants claim that the trial court erred in denying their motion for a new trial in a personal injury action, the ground of the motion being that the jury’s award of damages in the amount of $1,000 for the injured boy’s father and nothing for the injured boy himself was arbitrary as a matter of law.…
475 F.2d 1289 155 U.S.App.D.C. 20 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES et al., Appellants,v.Vernon D.…
Securities & Exchange Commission v. Milner Page 11534
Appellants Higgins and Landgren were employed as securities salesmen by Karle R.…
Plaintiff Martin Farnarjian appeals from a judgment for defendant American Export Isbrandtsen Lines, Inc. after a trial in the United States District Court for the Southern District of New York before a jury and Judge Richard H.…
Charles A. Schicke v. George Romney, Secretary of Housing and Urban Development, and City of Norwalk Page 11536
This is an appeal from an order of the District Court of Connecticut, reported at 346 F.Supp. 417 (D.Conn.1972), granting summary judgment in favor of defendant George Romney, Secretary of Housing and Urban Development (HUD), 1 and the City of Norwalk, and dismissing this suit for declaratory and injunctive relief by…
474 F.2d 102 BLUE BIRD FOOD PRODUCTS CO., Appellant,v.BALTIMORE & OHIO RAILROAD COMPANY.…
The district court held that petitioner had exhausted his available state remedies prior to filing an application for a writ of habeas corpus and that the writ should issue because the Maryland Therapeutic Abortion Act, 4B Ann.Code of Maryland, Art. 43, §§ 137 et seq.…
473 F.2d 908 Campv.Kaiser Aluminum & Chemical Corporation 72-2189 UNITED STATES COURT OF APPEALS Fourth Circuit 2/20/73 1 S.D.W.Va.…
These cases arose when the plaintiffs (appellants) filed patent infringement suits against the defendants (appellees) in the United States District Court for the District of Maryland.…
Like United States v. DeRosier, 473 F.2d 749 (5th Cir., 1973), the question involved on this appeal is whether the Hub Bar and Package Store is a “place of entertainment” within the meaning of Title II of the Civil Rights Act of 1964, 42 U.S.C.…
United States v. Cecil Eugene Anthony Page 11546
Cecil Eugene Anthony appeals his conviction of aiding and abetting unknown persons in stealing a Massey Ferguson farm tractor from an interstate shipment in violation of 18 U.S.C.A.…
In this diversity case Mrs. Wilson appeals from the district court judgment dismissing her complaint on the ground that it is now barred by Mississippi’s statute of limitations.…
This is an appeal from a judgment in favor of Sidney Rosen against James F.…
United States v. Hart Page 11551
474 F.2d 1350 U. S.v.Hart 72-1607 UNITED STATES COURT OF APPEALS Seventh Circuit 2/20/73 1 S.D.Ill.…
Chuck \"c.o.\" Beshear v. Clara Weinzapfel and Esther Weinzapfel, D/B/A Weinzapfel Tavern Page 11552
474 F.2d 127 Chuck "C.O." BESHEAR, Plaintiff-Appellant,v.Clara WEINZAPFEL and Esther Weinzapfel, d/b/a WeinzapfelTavern, Defendants-Appellees.…
The petitioner appeals from the denial of his habeas corpus petition in federal District Court.…
United States v. Larry Lee Hansel Page 11555
The defendant was convicted on two counts of violating the Gun Control Act of 1968.…
United States v. Eugene J. Matelich Page 11556
Matelich appeals from his conviction after trial by jury of two counts, which were treated as one crime, of concealment of assets from a trustee in bankruptcy in violation of 18 U.S.C.…
United States v. Gordon Fred Johnson Page 11557
Johnson was convicted of aiding and abetting the distribution of LSD, a Schedule I controlled substance, in violation of 21 U.S.C.…
United States v. Wayne Douglas King Page 11563
This appeal is another chapter in the litigation we considered in United States v. King, 455 F.2d 345 (1st Cir. 1972) (King I), and more broadly governed by the principles we announced in United States v. Griglio, 467 F.2d 572 (1st Cir. 1972).…
John J. Joyce v. United States Page 11565
OPINION OF THE COURT This is an action against the United States under the Federal Tort Claims Act, 28 U.S.C.…
Ethyle Bloch v. Harold N. Bloch Page 11566
*555 OPINION OF THE COURT Does Virgin Islands’ public policy preclude recognition of a common law marriage entered into by Virgin Islands domiciliaries in a state where such a marriage is valid?…
United States v. Rosciano Page 11573
474 F.2d 1350 U. S.v.Rosciano 72-1376 UNITED STATES COURT OF APPEALS Seventh Circuit 2/16/73 1 N.D.Ill.…
In 1958, petitioner pleaded guilty in state court to charges of murder, rape on two occasions, and attempted rape.…
Appellant Jerry V. Carter sustained severe bodily injuries in a two car collision occurring June 30, 1966, on a public highway in the State of Missouri.…
Fred P. KREIS, Jr., Appellant, v. MATES INVESTMENT FUND, INC., and Frederick S. Mates, Appellees Page 11576
The matter before us is an action for rescission.…
Atterbury, a longshoreman employed by W. J.…
United States v. Majourau Page 11579
The defendants before us were charged in two counts with possession of a controlled substance with intent to distribute in violation of 21 U.S.C.…
United States v. Baxter Page 11580
On February 5, 1969, a federal grand jury in the Southern District of California returned a two-count indictment against forty-nine individuals pertaining to the narcotics activities of Robert and Helen Hernandez.…
492 F.2d 178 UNITED STATES of America, Plaintiff-Appellee,v.Lonnie Melvin MURRAY, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee,v.Oliver Curtis ROBERTS, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee,v.Roosevelt WALKER, Defendant-Appellant.HERNANDEZ CASES.Group II Appeals.…
The plaintiffs brought this action against the defendant air carrier for damages alleged to have resulted from a delay in a shipment of ski clothing samples sent from New York to San Francisco.…
William Rivera v. Farrell Lines, Inc. Page 11587
This appeal is from an order of the district court denying appellant’s post-trial motion for a new trial on the issue of damages or, in the alternative, on all issues.…
Milton Rivera appeals from an order of the Southern District, dated April 19, 1972, which denied, after a hearing, his petition for habeas corpus.…
United States v. Fairh Riggs Page 11589
The sole question on this appeal from a conviction, in the District Court for the Eastern District of New York, for *701 possessing two kilograms of narcotics with intent to distribute, in violation of 21 U.S.C.…
The question in this appeal is whether plaintiff-appellant Gonzales and the class he seeks to represent are bound by the res judicata effect of a prior class suit 1 involving the same class (represented by a different named plaintiff), the same defendants and the same issues.…
Eddie Fuller v. State of Florida Page 11594
This appeal comes to us from an order of the district court dismissing without prejudice the petition of a Florida state prisoner for the writ of habeas corpus.…
Caesar Stansel, Jr. v. United States Page 11595
Stansel, represented by privately-retained counsel, was convicted upon trial by jury of four counts of possession and transferring, not pursuant to an official order form, heroin and cocaine, violations of Title 26, U.S.C., Sections 4704 (a) and 4705(a).…
Appellant, Elizabeth C. DeCarlo, is one of two tenured high school teachers in the Tarrant City, Alabama School System who was transferred to teach in elementary school after students were reshuffled out of the school system pursuant to a federal desegregation order.…
The litigation from which this appeal arises is peripheral to proceedings that the Federal Trade Commission, defendant-appellee, (FTC) initiated on July 15, 1971, against The.…
Gene Patrick Gareau v. United States Page 11598
This is an appeal from the dismissal of a petition for a writ of habeas corpus and the denial of a motion to reconsider the petition.…
ORDER A decision of the United States Tax Court determined income tax deficiencies for the years 1962, 1963 and 1964 and the taxpayers have appealed.…
Betty J. Urian v. Jack Milstead Page 11601
This is a suit in admiralty in the United States District Court for the Eastern District of Missouri, Eastern Division, for personal injuries sustained by plaintiff, Betty J.…
United States v. 1,129.75 Acres of Land, More or Less in Cross and Poinsett Counties, Arkansas Page 11603
This is an appeal by the United States from a final judgment rendered pursuant to a jury verdict fixing the amount of just compensation at $22,800 for the taking of a flowage easement in connection with the St. Francis River Basin flood control project.…
Plaintiffs-appellants sued their employer to recover damages for burns sustained in a fire.…
This is a slip and fall case which occurred on January 4, 1970, on premises known as the Wildwood Apartments in Oklahoma City, Oklahoma.…
Petitioner Wilbur was convicted in the Maine Superior Court of the murder of one Hebert as a result of a beating.…
Roy Alphonso Smith v. J. D. Cox, Etc. Page 11607
The district court denied habeas corpus relief to Roy Alphonso Smith who alleged that his sixth amendment right to a speedy trial was denied him when, during a period of twelve months incarceration at the Lorton Reformatory, the Commonwealth of Virginia declined to act upon his repeated written requests that he be…
United States v. Alfred Erdos Page 11608
On August 30, 1971, in the American Embassy in the new Republic of Equatorial Guinea, Alfred Erdos killed Donald Leahy.…
ON PETITION FOR REHEARING It is ordered that the motion for rehearing filed on behalf of Appellant, Oscar Roca-Alvarez, in the above cause is hereby granted.…
Appellants Colbert and Reese were convicted in the district court of possession of unregistered sawed-off shotguns in violation of 26 U.S.C.A.…
On August 8, 1967, a predominantly white grand jury in Fulton County, Georgia, indicted Will Wright, a Negro, for murder.…
United States v. Larry Joseph Brown Page 11618
The defendant-appellant, Larry Joseph Brown, was arrested November 15, 1971 and charged with the armed robbery of the Harding-Plank Branch of the Louisiana National Bank, Baton Rouge, Louisiana, on November 12, 1971, in violation of Title 18, U.S.C., Section 2113(a), (d): Following indictment for those offenses on…
Thomas T. Dozier v. United States of America Page 11619
Dozier, a former civil service employee, discharged as Produce Department Manager of the Commissary, Fort Sam Houston, Texas, brought suit against the Civil Service Commission contesting his allegedly wrongful removal and seeking reinstatement with back pay.…
Estate of James H. Lumpkin, Jr., Deceased. Christine T. Hamilton v. Commissioner of Internal Revenue Page 11620
This federal estate tax ease squarely presents the question of whether an employee who under the provisions of a group term life insurance policy is given nothing more than the right to alter the time and manner of enjoyment of the proceeds possesses an “incident of ownership” with respect to that policy so that at…
This appeal is from the dismissal of a suit seeking injunctive and declaratory relief against the Commissioners of Cobb County, Georgia, the County Engineer, and the Regional Administrator of the Environmental Protection Agency (EPA).…
The Cuyahoga Metropolitan Housing Authority (CMHA) instituted this action 1 in the court below to enjoin the City of Cleveland from adopting a proposed ordinance which would have the effect of repealing a prior ordinance of the city authorizing it to enter into a Cooperation Agreement with CMHA.…
474 F.2d 328 82 L.R.R.M. (BNA) 2651, 70 Lab.Cas.…
United States v. Robert Harry Miles Page 11627
Defendant Robert Miles appeals a judgment of conviction having been found guilty to a one-count violation of the Dyer Act, 18 U.S.C.…
United States v. Richard Donald Gillis Page 11630
Appellant Gillis was convicted by a jury on both counts of a two-count indictment charging possession of an unregistered machine gun [26 U.S.C.…
Appellants, career nursing assistants at a Veterans Administration Hospital, were removed from their positions for mistreating a patient and failing to report the incident.…
475 F.2d 438 Elaine ROSENTHAL, as executrix of the estate of Martin C.Rosenthal, Deceased, Plaintiff-Appellee,v.Kenneth W.…
James Smiley, convicted in the Supreme Court, New York County, of first-degree robbery, second-degree assault, second-degree grand larceny, and possession of a dangerous weapon, 1 and sentenced in November, 1967 to 15-25 years of imprisonment, petitioned the District Court for the Northern District of New York for a…
Christine Willis v. James Arthur Montgomery Page 11639
Plaintiff Willis recovered damages, in the District Court on April 10, 1972, for personal injuries .…
United States v. William Larry Turner Page 11642
William Larry Turner was convicted of bank robbery in violation of 18 U.S.C.…
In this maritime tort case, plaintiff Baggett appeals from the judgment, 342 F.Supp. 1029, which awarded him $5,000 damages against the individual defendants, Richardson and Martin, but dismissed his suit as to the defendant unions, Marine Engineers Beneficial Association (M.E.B.A.) and Seafarers International Union…
Federal jurisdiction over this case initially was grounded upon a joinder of claims arising under the Commodities Exchange Act, the Securities Act of 1933 and the Securities Exchange Act of 1934 with a diversity claim arising under the Louisiana law of agency.…
United States v. Shelly Townsend Page 11652
Shelly Townsend, the leader of Cleo’s Funky Express, a rock and roll band operating on and around Reese Air Force Base, Texas, was convicted of receiving and concealing, within the special territorial jurisdiction of the United States, 1 amplifying equipment stolen from another band, the Neal Ford Foundation.…
Marcial Rodriguez, the appellee, is an employee of the Delray Connecting Railroad, the appellant.…
This is a reclamation action brought by the FCA Leasing Corporation (FCA) against the Trustee in Bankruptcy for the DeVita Fruit Company (DeVita) of Lima, Ohio, to recover certain citrus packing equipment.…
Defendant School District appeals from an order requiring it to create a position for a third Assistant Superintendent and to hire a Negro to fill the position.…
This is an appeal from an order of the District Court for the Northern District of Ohio, Western Division, finding that two of Appellees’ seals infringed on Appellant’s patent, Patent No. 3,179,026, and that six others did not infringe.…
In this action brought pursuant to § 303 (29 U.S.C.…
Carl Goodwin Williams, the appellant, was found guilty of the crime of first degree murder, after a jury trial in 1966, and was sentenced to life imprisonment.…
Jacobo-Gil appeals from her conviction by jury of one count of conspiring to violate the immigration laws of the United States and five counts of illegally transporting aliens within the United States.…
The judgment of conviction in this case for attempting to board an aircraft of Pacific Southwest Airlines with a concealed weapon is affirmed.…
December 27, 1968 the District of Columbia Human Relations Commission served upon the National Geographic Society a complaint alleging that the Commission had reasonable cause to believe that the Society was “discriminating against minority groups in its recruiting and hiring methods in ways which tend to deprive them…
This is an appeal from a judgment entered in favor of plaintiff-appellee, Gilford Crador, Sr., in an action brought under the Jones Act, 46 U.S.C.…
Appellants are seven reemployed veterans who, represented by the Department of Justice pursuant to 50 U.S. C.A.…
James L. Landrum v. Massey-Ferguson, Inc. Page 11677
This is a Mississippi products liability case.…
United States v. Vardell McPhatter Page 11679
This is an appeal from a conviction for uttering and publishing fraudulently signed United States Treasury checks with intent to defraud the United States in violation of 18 U.S.C.…
Bobby Jerl Garza v. State of Texas Page 11681
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC The opinion of this court dated January 12, 1973 is withdrawn and the following opinion is adopted as the opinion of the court.…
Jose M. Rodriguez v. United States Page 11682
Appellant, represented by privately-retained counsel, was convicted upon trial by jury of selling cocaine, in violation of Title 26, U.S.C., Sections 4704(a) and 4705(a).…
Peterson v. Stanczak Page 11684
474 F.2d 1350 Petersonv.Stanczak 71-1693 UNITED STATES COURT OF APPEALS Seventh Circuit 2/12/73 1 N.D.Ill.…
United States v. Tallat-Kelpsa Page 11685
474 F.2d 1350 U. S.v.Tallat-Kelpsa 71-1934 UNITED STATES COURT OF APPEALS Seventh Circuit 2/12/73 1 N.D.Ill.…
Chase v. W. T. Grant Co Page 11686
474 F.2d 1350 Chasev.W. T. Grant Co. 72-1008 UNITED STATES COURT OF APPEALS Seventh Circuit 2/12/73 1 N.D.Ind.…
United States v. Cecil Gamble Page 11688
473 F.2d 1274 UNITED STATES of America, Plaintiff-Appellee,v.Cecil GAMBLE, Defendant-Appellant.…
In our prior opinion filed September 14, 1972, 466 F.2d 1283, this court enforced the National Labor Relation Board’s finding that the respondent company had violated Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act.…
Charles A. Nanfito, as Administrator of the Estate of Alice C.…
A highway construction contractor appeals a judgment in favor of an injured employee of a telephone cable installer.…
United States v. Daniel Dee Veon Page 11695
Daniel Dee Veon appeals from convictions of violations of 21 U.S.C.…
The sole issue presented for our disposition is whether the district court properly concluded that the complaint 1 brought by Lanning should be dismissed pursuant to F.R.Civ.P.…
United States v. Raymond Edward Stacey Page 11698
Raymond Edward Stacey appeals from his conviction on counts one and two of a three-count indictment charging counterfeiting offenses in violation of 18 U.S.C.…
This appeal involves another phase of the litigation pertaining to the diversion of assets of United Security Life (United), an Arizona stock insurance corporation, which has been before this court for many years.…
Donald Edward Mozingo, a California state prisoner, petitioned the district court for a writ of habeas corpus.…
United States v. Russell Eugene Jacobs Page 11702
An indictment was returned in the United States District Court for the District of Kansas against Jacobs, charging that he wilfully, unlawfully and feloniously transported and caused to be transported in interstate commerce a stolen motor vehicle, to wit, a 1960 Austin Healey, from the State of Missouri to the State…
United States v. Clifford Davis Page 11703
The defendant was found guilty by a jury on two counts of unlawfully selling depressant or stimulant drugs in violation of section 331(q)(2), Title 21, United States Code, and from the judgment entered on that verdict, defendant Davis brings this appeal.…
William S. Cooper v. William R. Goodwin Page 11704
478 F.2d 653 155 U.S.App.D.C. 449 William S.…
This suit by. Delaware Valley Apartment House Owners Association seeks to restrain the government from enforcing Price Commission Regulation 301.208, 6 C.F.R.…
473 F.2d 465 In the Matter of F. H. McGRAW & COMPANY, Bankrupt.Appeal of FELLOWS CORPORATION, Claimant.…
This is an appeal from an award of damages made pursuant to a finding that plaintiff-appellee, Seaboard Coast Line Railroad Company, had been injured by the negligent actions of defendant-appellant, the United States.…
The City of Montgomery makes football, basketball, and baseball facilities owned and operated by it available to private groups, including schools, churches, civic clubs and charitable organizations.…
In this action under Rule X-lOb-5, 1 the Plaintiff-appellant complains that he was fraudulently induced to buy stock in Mickey Mantle’s Country Cookin’, Inc. *1207 The stock is now worthless.…
United States v. Leonard Williams Page 11714
Appellant Leonard Williams was convicted by a jury of violating 18 U.S.C.…
The District Court has denied the petition of Charles Ray Smith for habeas corpus relief.…
The issues in this ease are fully described in the Tax Court’s opinion, 30 T.C.M.…
Ridley v. Nelson Page 11721
474 F.2d 1350 Ridleyv.Nelson 71-1895 UNITED STATES COURT OF APPEALS Seventh Circuit 2/9/73 1 N.D.Ill.…
Carr v. United States Page 11722
474 F.2d 1350 Carrv.U. S. 72-1143 UNITED STATES COURT OF APPEALS Seventh Circuit 2/9/73 1 S.D.Ind.…
United States v. Yates Page 11723
474 F.2d 1350 U. S.v.Yates 72-1226 UNITED STATES COURT OF APPEALS Seventh Circuit 2/9/73 1 E.D.Ill.…
United States v. Case Page 11724
474 F.2d 1350 U. S.v.Case 72-1296 UNITED STATES COURT OF APPEALS Seventh Circuit 2/9/73 1 E.D.Wis.…
United States v. Robinson Page 11725
474 F.2d 1350 U. S.v.Robinson 72-1329 UNITED STATES COURT OF APPEALS Seventh Circuit 2/9/73 1 S.D.Ind.…
United States v. David Lee Brooks Page 11728
Defendant and four others were indicted for trafficking in heroin in violation of 21 U.S.C.…
United States v. Robert J. Baranov Page 11730
474 F.2d 591 UNITED STATES of America, Plaintiff-Appellee,v.Robert J.…
Each of the appellants, Candido Felix and Gloria Felix, was convicted on one count of importing 6.5 pounds of heroin and on a second count of importing 10 grams of cocaine, in violation of 21 U.S. C.…
United States v. Patrick Warren McDowell Page 11732
Patrick Warren McDowell appeals from his conviction on a charge of possessing an unregistered 9 mm.…
United States v. Kenneth Vanderburgh Page 11733
The Judgment of Conviction on two counts of income tax evasion for the reporting years of 1965 and 1966, under Title 26 U.S.C.…
Mary Burke v. Washington Hospital Center Page 11734
Plaintiffs-appellants, husband and wife, brought this action seeking damages for failure to remove a surgical sponge from Mary Burke’s abdomen during an operation performed by Dr. Ernest W.…
OPINION OF THE COURT This is an appeal by the Security Insurance Company of Hartford (Security) 1 from the judgment of the district court, based on a jury verdict, in favor of Frey in the amount of $11,275 with interest from September 11, 1967.…
The basic issue in this appeal from an order granting summary judgment for the defendants is whether the District Court had an obligation to review the merits of a substantive agency decision to determine if it is in accord *665 with NEPA 1 or whether the court discharges its proper function by merely determining that…
The National Labor Relations Board (NLRB) seeks enforcement of its order against respondent Company, upon the Board’s findings of violations of certain sections of the National Labor Relations Act as amended, Title 29 U.S.C.…
This appeal is from an order of the district court affirming the determination of a referee in bankruptcy denying appellant’s petition to reclaim certain assets from the bankruptcy estate of Jackson Sound Studios, Inc., a Mississippi corporation.…
In No. 71-2140, after a six weeks trial, appellants were found guilty on each of 13 counts in the indictment.…
Albert Ray Roberts v. United States Page 11747
Albert Ray Roberts appeals from an order of the district court denying his motion to vacate his federal sentence filed pursuant to 28 U.S.C.…
In this diversity action, plaintiff, a Virginia resident, sues the defendant labor council and twelve constituent labor unions, all of Ohio.…
ORDER This case is before the court upon the application of the National Labor Relations Board for enforcement of its order reported at 195 N.L.R.B.…
Russell A. Kelm v. William S. Carlson Page 11751
473 F.2d 1267 Russell A. KELM, Plaintiff-Appellant,v.William S.…
This is the second time this appeal from denial of habeas corpus relief has been before this court.…
Taxpayer Cordell Brooks initiated this tax refund suit, claiming that the Government erroneously taxed him on $2,784 in income he received during the.…
United States v. Robert Haines Waldron Page 11755
This is an appeal from a conviction for refusal to submit to induction in violation of 50 U.S.C.…
This is an action for refund of $185,-431.21 of federal income taxes paid by the plaintiff after the Commissioner of Internal Revenue disallowed $297,500.00 in deductions, as ordinary and necessary business expenses, taken by the plaintiff on its 1959 and 1960 federal income tax returns.…
In this Title VII civil rights action, Mabel L.…
The Board determined that respondent, King Louie Bowling Corporation of Missouri (King Louie) violated § 8(a) (1) of the Act by requesting employees to obtain for King Louie copies of statements given the Board in an earlier unfair labor practice proceeding.…
Sam Frank Mandina v. United States Page 11759
This appeal presents the question of whether 18 U.S.C.…
This is an appeal from an order granting the petition for naturalization of Marciano Haw Hibi, a Philippine native, over the recommendation of the Naturalization Examiner of the Immigration and Naturalization Service that the petition be denied.…
475 F.2d 11 Dominador C. NICOLAS and Salome L.…
Among a plethora of other- issues, this appeal, presents us with a novel question concerning the limitations to be placed upon an implied private action for the violation of Regulation T of the Federal Reserve Board, promulgated pursuant to § 7 of the Securities Exchange Act, 15 U.S.C.…
Petitioner, a crib mattress manufacturer, challenges a flammability standard issued by the Secretary of Commerce under the Flammable Fabrics Act (“the Act”), 15 U.S.C.…
This appeal from an order granting summary judgment against the plaintiff, Thomas Leonhard, in an action seeking a writ of mandamus, is set in a factual context so extraordinary as to require somewhat extended discussion.…
476 F.2d 121 99 P.U.R.3d 77 INTERNATIONAL PAPER COMPANY, Petitioner,v.FEDERAL POWER COMMISSION, Respondent.…
Louisiana Power & Light Company and New Orleans Public Service Inc. v. Federal Power Commission Page 11774
This case is one of a group arising from 1;he adoption by the Federal Power Commission of “curtailment plans” filed by United Gas Pipe Line Company.…
This case is one of a - group arising from the adoption by the Federal Power *136 Commission of “curtailment pláns” filed by United Gas Pipe Line Company.…
This case is one of a group arising from the adoption by the Federal Power Commission of “curtailment plans” filed by United Gas Pipe Line Company.…
Correa-Negron appeals from the denial of his petition for writ of error coram nobis.…
United States v. Eugene Tannenbaum Page 11780
The defendant, Eugene Tannenbaum, was convicted by a jury on two counts of willful misapplication of bank funds, 18 U.S.C.…
United States v. David Marder Page 11781
David Marder appeals from his conviction for using a wire communication facility to transmit wagering information in interstate commerce while being engaged in the gambling business in violation of 18 U.S.C.…
James Graves v. State of Louisiana Page 11782
This is an appeal from an order of the district court denying the petition of Graves, a Louisiana state convict for the writ of habeas corpus.…
The appellant, Sue Graves, seeks reversal of the district court’s judgment affirming the Social Security Administration’s determination that she is not eligible for disability benefits as provided by 42 U.S.C.…
United States v. Albert Sidney Tucker, Jr. Page 11784
This appeal requires us to decide whether a sight draft executed in the name of a fictitious person is “falsely made and forged” within the purview of the National Stolen Property Act, 18 U.S.C.…
United States v. Clivertine Hatcher Page 11785
Defendant-appellant takes this appeal from her conviction in the United States District Court for the Southern District of Ohio under both counts of a Two-Count Information, each charging unlawful possession of a controlled substance in violation of Title 21 U.S.C.…
Peter Fabbri has owned and operated a television and radio repair business in Detroit, Michigan, for over fifteen years.…
Spero v. Armour Page 11787
474 F.2d 1350 Sperov.Armour 71-1559 UNITED STATES COURT OF APPEALS Seventh Circuit 2/7/73 1 N.D.Ill.…
Pantoja v. Richardson Page 11788
474 F.2d 1350 Pantojav.Richardson 72-1416 UNITED STATES COURT OF APPEALS Seventh Circuit 2/7/73 1 N.D.Ill.…
United States v. Jerry Allan Wasko Page 11789
Following a jury trial in the district court for the Northern District of Indiana, the defendant Jerry Allan Wasko was convicted on an indictment charging him with the sale of 100 tablets of ly-sergic acid diethylamide (LSD) in violation of 21 U.S.C.…
In the Matter of Robert Charles Shelton, Edwin J. Gasaway, Trustee in Bankruptcy v. Raymond Erwin Page 11790
The question before us in this case is whether a security interest on an automobile was established pursuant to V.A.…
Thompson appeals the lower court’s finding that he violated the Military Selective Service Act of 19671 by failing to accept induction into the Armed Forces of the United States.…
After a six-day jury trial, Payne was found guilty of fourteen counts involving conspiracy, mail fraud, fraud by wire and interstate transportation of goods taken by fraud (18 U.S.C.…
The Secretary of Labor brought this action under § 17 of the Fair Labor Standards Act as amended 29 U.S.C.…
Siamack Zaimi v. United States Page 11797
476 F.2d 511 155 U.S.App.D.C. 66 Siamack ZAIMI, Appellant,v.UNITED STATES, Appellee.…
United States v. Charles Allen Matthews Page 11803
Charles Allen Matthews appeals from judgment and sentence committing him to imprisonment of eight years on his plea of guilty to the lesser offense of bank larceny after having been indicted for armed bank robbery and larceny of an automobile.…
Ochsner Clinic challenges the order of the National Labor Relations Board certifying the Union 1 as the bargaining representative of its 22 X-ray technicians on the grounds that (i) the activities of the clinic are not within the coverage of the Act and (ii) even if these activities were covered, the Board failed to…
Tomas Rodriguez v. Clarence Jones Page 11813
On February 15, 1971, three Dallas County deputy sheriffs were shot and killed in West Dallas, Texas.…
United States v. Charles W. Sexton Page 11816
Charles W. Sexton was indicted on February 17, 1971 on charges of violating various provisions of the Internal Revenue Code relating to possession of non-tax-paid distilled spirits, 26 U.S. C.A.…
This case concerns the “Bill of Rights” of union members contained in the Labor-Management Reporting and Disclosure Act, Section 101, 29 U.S.C.…
United States v. Frank McKinnley Brown, Jr. Page 11819
In a one-count indictment in the District Court the Grand Jury charged that appellant Brown, having been convicted of “malicious shooting with intent to kill, a felony, knowingly did receive and possess a firearm, that is, an Arms Company .22 caliber revolver, Serial No. 20064, which had moved in interstate commerce,”…
This appeal is from an order of the District Court denying a petition for the enforcement of summons and to quash the summons which had been issued by Internal Revenue Agent Mack under authority of Section 7602 of the Internal Revenue Code of 1954, 26 U.S.C.…
Foster v. Eads Page 11821
474 F.2d 1350 Fosterv.Eads 71-1865 UNITED STATES COURT OF APPEALS Seventh Circuit 2/6/73 1 S.D.Ind.…
United States v. Gorham Page 11822
474 F.2d 1350 U. S.v.Gorham 72-1109 UNITED STATES COURT OF APPEALS Seventh Circuit 2/6/73 1 N.D.Ill.…
William Archie Mayfield, Jr. v. Bill Steed, Acting Commissioner of the Department of Corrections Page 11824
This is an appeal from the judgment of the District Court granting a writ of habeas corpus to William Archie May-field, Jr. (Mayfield).…
Lamont Gatewood Freeman, along with two other men, was convicted in the United States District Court for the Southern District of Iowa of violating 18 U.S.C.…
Calvin J. Taylor v. United States Page 11826
Petitioner brings an appeal from a denial of his petition brought under Section 2255 to vacate and set aside his sentence.…
On August 14, 1970, Home Insurance Company, plaintiff-appellant, filed an in-terpleader action against Gene B.…
United States v. Kenneth Wayne Eidum Page 11828
Kenneth Wayne Eidum pleaded guilty in December of 1970 in the Western District of Washington to an indictment for violation of 18 U.S.C.…
United States v. Eidum Page 11829
Kenneth W. Eidum pleaded guilty to violation of 18 U.S.C.…
United States v. William T. Coefield Page 11830
The appeal is from a judgment of conviction of robbery in violation of 22 D.C.…
United States v. Robert L. Cardillo Page 11834
Robert L. Cardillo appeals from his conviction for bail jumping in violation of 18 U.S.C.A.…
United States v. Security State Bank and Trust, Dr. William R. Newton, Intervenors-Appellants Page 11837
Section 6(b) of the Commodity Exchange Act 1 gives the Secretary of Agriculture power to subpoena witnesses and documentary evidence “for the purpose of any investigation or proceeding” under the Act.…
Ag Pro, Inc. v. Bernard A. Sakraida Page 11840
Ag Pro, Inc., plaintiff-appellant (hereafter plaintiff), sued Sakraida, defendant-appellee (hereafter defendant), for infringement of the D.…
United States v. McMorris Page 11841
474 F.2d 1350 U. S.v.McMorris 71-1826 UNITED STATES COURT OF APPEALS Seventh Circuit 2/5/73 1 N.D.Ill.…
Smith v. Anilene Page 11842
474 F.2d 1350 Smithv.Anilene 71-1862 UNITED STATES COURT OF APPEALS Seventh Circuit 2/5/73 1 N.D.Ind.…
Robert Owen McDonnell v. United States Page 11845
The defendant, Robert Owen McDonnell, was convicted of breaking and entering the Farmers State Bank of Mellette, South Dakota, with intent to commit larceny in violation of 18 U.S.C.…
United States v. Lynell A. Johnson Page 11846
Defendant Lynell A. Johnson appeals a conviction for violation of 50 U.S.C.…
Jansky v. Miller Page 11850
The plaintiff, John Jansky, filed his own complaint against the defendants-appellees.…
Osborn Olden v. Louis S. Nelson Page 11852
Olden, a state prisoner, appeals from the denial of a petition for habeas corpus pursuant to 28 U.S.C.…
Martha A. Willging, Individually and as of the Estate of John Z. Willging v. United States Page 11855
The government appeals a district court judgment, 313 F.Supp. 297, grant *13 ing the taxpayer a refund of part of the income taxes she paid in 1966.…
United States v. Herbert Gurtner Page 11856
Gurtner appeals his conviction by a jury for the wilful failure to file federal income tax returns (26 U.S.C.…
The taxpayers challenge Tax Court determinations disallowing them surtax exemptions that they had claimed pursuant to section 11(d) of the Internal Revenue Code of 1954 (26 U.S.C.…
The appellants in this action are thirteen United States civilians formerly employed in South Vietnam by a U.S. Army contractor.…
United States v. Lewis Harris Page 11859
Appellant Harris was convicted of robbery and assault with a dangerous weapon on the basis of wholly uncorroborated in and out of court identification evidence provided by two of his alleged victims, Miller and Carter.…
This case involves a housing project undertaken by a private developer with a commitment by the Department of Housing and Urban Development (HUD) to provide a mortgage guarantee and an interest grant.…
This appeal marks this Court’s first encounter with the Equal Pay Act of 1963, 29 U.S.C.…
The National Labor Relations Board seeks enforcement of its order that the respondent, Kaiser Agricultural Chemicals, a division of Kaiser Aluminum & *377 Chemical Corporation, cease and desist from violating section 8(a)(1) of the National Labor Relations Act, 29 U.S.C.…
Joseph P. Lucia v. United States of America Page 11864
join, dissenting in part and specially concurring in part: I I respectfully dissent from Part I of the Court’s en banc opinion on rehearing,.…
This appeal concerns the failure of the District Judge to award prejudgment *1176 interest to claimant on its tort recovery in admiralty and to allow claimant its costs.…
Appellant Sun-Glo Packers, Inc. (Sun-Glo), a Mississippi corporation, engaged primarily in the business of selling soft drink concentrates, executed a contract with Roy and Lena Mae Kelley, citizens and residents of Alabama.…
United States v. Roy P. Allison Page 11870
This case involves the use of a defendant’s grand jury testimony by the prosecution in its case in chief against him in a criminal trial.…
This case is here on petition of the Ford Motor Company for a review of an order of the National Highway Traffic Safety Administration of the Department of Transportation, adopted pursuant to the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C.…
This is an appeal from the District Court’s dismissal of Plaintiff-Appellant’s suit under the Civil Rights Act of 1871, 42 U.S.C.…
United States v. Scales Page 11875
474 F.2d 1350 U. S.v.Scales 72-1120 UNITED STATES COURT OF APPEALS Seventh Circuit 2/2/73 1 N.D.Ill.…
474 F.2d 1350 Quirozv.Immigration & Naturalization Service 72-1631 UNITED STATES COURT OF APPEALS Seventh Circuit 2/2/73 1 N.D.Ill.…
United States v. Gerald Edward McCreery Page 11877
Defendant was indicted on March 24, 1971, for failing to report for induction on August 7, 1968.…
The National Labor ’Relations Board determined that Sioux City and New Orleans Barge Lines, Inc., (the Company) had engaged in unfair labor practices in violation of § 8(a)(1) of the Act, 29 U.…
The question for decision presented by this appeal is whether a state is empowered by § 14(b) of the Taft Hartley Act, 29 U.S.C.…
Appellants, Gifford A. Pirnie and Lillie J.…
We allowed this interlocutory appeal under 28 U.S.C.…
473 F.2d 656 Anthony EMMA, Petitioner-Appellee,v.DeWitt C.…
United States v. Charles Thomas Stewart Page 11884
Appellant, Charles Thomas Stewart, appeals from his conviction under 50 U.S. C.…
The Board of Governors of the Federal Reserve System (the Board) and the Federal Trade Commission (FTC) appeal from a judgment and order of the United States District Court for the Western District of New York declaring invalid a regulation promulgated by the Board pursuant to the Truth-in-Lending Act, which comprises…
OPINION OF THE COURT Sun Shipbuilding & Dry Dock Company (“Sun”) built four cargo vessels for American Export Isbrandtsen Lines, Inc. (“Export”) under a construction contract.…
After exhausting available state post conviction remedies, Edward Lee Smith sought a federal writ of habeas corpus to set aside his state conviction for the rape of a seventy-two-year-old widow.…
Walled Lake Door Company, Petitioner-Cross v. National Labor Relations Board, Respondent-Cross Page 11890
The Walled Lake Door Company, petitioner, seeks review of an order of the National Labor Relations Board finding the Company guilty of unfair labor practices.…
Arthur L. Ward, a long-distance tractor-trailer driver was involved in a collision with a vehicle owned and operated by persons not parties in the instant suit.…
Under the provisions of 45 U.S.C.A. § 228k, Almena Matthews seeks to set aside the final decision of the Railroad Retirement Board denying her claim for a widow’s insurance annuity provided for.in 45 U.S.C.A.…
On May 9, 1963, petitioner received a ten-year federal sentence following his conviction for bank robbery.…
This habeas corpus petitioner, Robert T. Walker, pled guilty in Georgia state court to charges of murder and robbery, resulting in a life sentence and a concurrent 20-year sentence.…
United States v. Ted Bristol Page 11895
Bristol, a Federal Deposit Insurance Corporation (FDIC) bank examiner, appeals from a judgment of conviction entered on a jury verdict of guilty of accepting a loan, in violation of 18 U.S.C.…
In this Florida diversity suit, defendant Orkin Exterminating Company, Inc. has appealed from a declaratory judgment in favor of plaintiff Perry Kaye, holding that a contract between the parties, which contained a provision prohibiting Kaye for 20 years from engaging in any business competitive with Orkin, had been…
United States v. Schwartz Page 11900
474 F.2d 1350 U. S.v.Schwartz 72-1522 UNITED STATES COURT OF APPEALS Seventh Circuit 2/1/73 1 N.D.Ill.…
Fed. Sec. L. Rep. P 93,748 Securities and Exchange Commission v. Glenn W. Turner Enterprises, Inc. Page 11903
This is an appeal from an order, 348 F.Supp. 766, granting the Securities and Exchange Commission a preliminary injunction.…
The National Labor Relations Board petitions for enforcement of its order, 190 NLRB No. 122, requiring the W.…
United States v. John William Sherman Page 11905
474 F.2d 303 UNITED STATES of America, Respondent-Appellee,v.John William SHERMAN, Petitioner-Appellant.…
In this case, plaintiff Hurst bought from Dare To Be Great, Inc. (Dare) its Adventure IV, which is described in our opinion in SEC v. Glenn W.…
We are called upon to review the twelfth in a series of orders of the National Labor Relations Board,1 issued in what by now seems a quixotic attempt to convince J.…
In this action under Title VII of the Civil Rights Act of 1964 Alfred Ochoa challenges the hiring policies 1 at Monsanto’s recently opened Chocolate Bayou Plant near Alvin, Texas as being discriminatory toward himself and Mexican-Americans generally.…
It may well be the height of irony that this conscientious objector claim is raised by a high-ranking veteran after four years of the finest collegiate training at the Military Academy at West Point, a tour of duty in Viet Nam and extensive post-graduate studies as an officer in the regular army.…
ORDER This cause came on to be considered on the Board’s application for summary entry of judgment enforcing its order in the above-captioned case dated June 6, 1972, and reported at 197 N.L.R.B.…
Miguel A. Gargallo v. Tecla Gargallo Page 11921
This is a diversity action brought by Miguel A.…
473 F.2d 206 82 L.R.R.M. (BNA) 2481, 70 Lab.Cas.…
473 F.2d 208 82 L.R.R.M. (BNA) 2482, 70 Lab.Cas.…
The Board’s Decision and Order, reported at 191 NLRB No. 73, will be enforced.…
United States v. Frank Anthony Ware Page 11926
Frank Anthony Ware appeals from a judgment of the District Court for the Western District of Washington entered pursuant to a jury verdict of guilty.…
By a previous Order, the subject appeals have been consolidated.…
United States v. Patrick Donald Kelly Page 11928
Appellant appeals from his conviction for refusing to submit to induction into the Armed Forces in violation of 50 U.…
This is a class action brought on behalf of approximately 800 linehandlers employed by Panama Canal Company.…
United States v. Edward B. Williams, Jr. Page 11931
Effective February 1, 1971, Section 207(6) of the District of Columbia Court Reform and Criminal Procedure Act added the following sentence to subsection (j) of 24 D.C.Code § 301: “No person accused of an offense shall be acquitted on the ground that he was insane at the time of its commission unless his insanity…
Before us is a petition to set aside a Commission order suspending for a period of two years the right of Petitioner Kivitz, an attorney, 1 to practice before the Commission.…
United States v. Esau Washington Page 11934
Esau Washington was convicted of armed robbery, 1 assault with a dangerous weapon, 2 and carrying a pistol without a license, 3 and sentenced to prison terms on these charges.…
National Labor Relations Board v. Local 445 Page 11935
The National Labor Relations Board seeks enforcement of its order directing respondent Local 445 to cease and desist from violating Section 8(b)(7)(C), Section 8(b) (4) (i) and (ii)(A) and Section 8(b) (4) (ii) (B) of the National Labor Relations Act, 29 U.S.C.…
United States v. Milton Berlin Page 11936
Milton Berlin appeals from a judgment of conviction entered in the Eastern District after a jury trial.…
United States v. Jeffrey H. Smilow Page 11937
On July 20, 1972, this court affirmed the decision of the United States District Court for the Southern District of New York, Edward Weinfeld, J., adjudging Jeffrey H.…
Plaintiff Paul G. Simard, a language teacher, was denied tenure by the decision of defendant Board of Education of Groton, Connecticut not to renew his one-year contract.…
473 F.2d 728 Russell BUFALINO, Petitioner,v.IMMIGRATION AND NATURALIZATION SERVICE, Respondent.…
473 F.2d 212 J. S. & H. CONSTRUCTION COMPANY, Plaintiff-Appellant,v.RICHMOND COUNTY HOSPITAL AUTHORITY et al., Defendants-Appellees.…
This suit was filed by National Labor Relations Board under section 10(e) of the National Labor Relations Act (29 U.S.C.…
We pretermit discussion of whether appellant has a federal cause of action against prison officials for alleged violation of his constitutional rights in a federal prison, because as a matter of law the incidents of prison life to which he objects do not rise to the level of constitutional violations.…
This is an appeal from a judgment entered in a maritime action brought to recover compensation for damages to Volkswagen automobiles that were carried aboard the MS JAROSA from.…
This case involves the site selection of certain federally subsidized low income housing projects in Austin, Texas.…
473 F.2d 217 HOWARD HILL, INC., Plaintiff-Appellant,v.GEORGE A.…
Atlantic Discount, Inc. is ehgaged in the business of financing both retail and wholesale purchasers of automobiles and other consumer goods.…
Millard Scott v. Southern Railway Company Page 11955
This is an appeal by Millard Scott, plaintiff-appellant, and his four children as co-plaintiffs, from a judgment on a jury verdict in the United States District Court for the Eastern District of Tennessee, Southern Division, denying re *1164 covery against Southern Railway Company in an action for the wrongful death…
Graphicana Corporation v. Baia Corporation Page 11956
The appellant is the owner of Patent No. 3,561,146 for a photograph display device consisting of a transparent, hollow cube, an inner foam cube which serves to hold five photographs against the sides and top of the outer cube for display, and a mar-proof base.…
O. W. Donald v. Uarco Business Forms Page 11957
This is an appeal from an order granting the appellee’s motion for judgment notwithstanding the verdict, D.C., 344 F.Supp. 338.…
The National Labor Relations Board petitions for enforcement of its order finding that International Longshoremen’s and Warehousemen’s Union Local No. 8 (Local 8) picketed the premises of Waterway Terminals Company (Waterway) with an object of securing recognition, in violation of § 8(b)(7)(A) of the National Labor…
United States v. Dennis Le Roy Cardwell Page 11959
Following conviction for refusal to submit to induction, Cardwell has appealed, contending that the induction order was invalid.…
Plaintiff Priscilla B. Green, a school teacher, was forced by defendant Board of Education of the Town of Waterford, Connecticut,' to take a leave of absence without pay from her job because of pregnancy, although she wanted to teach another two and one-half months and *631 claimed to be able to do so.…
Irving Stolberg, formerly an Assistant Professor of Geography at Southern Connecticut State College (“SCSC”), appeals from a judgment in his favor in his action under the Civil Rights Act, 42 U.S.C.…
Earl French Cox, Jr. v. United States Page 11963
A majority of a divided panel of this Court concluded: (1) That the juvenile defendant was entitled to a limited hearing before the *335Attorney General could direct that he be proceeded against as an adult, and (2) That, having been tried as an adult, a sentence under the Federal Youth Corrections Act was mandatory…
joins, dissenting: I respectfully disagree with the views of the en banc Court.…
This action attacks the constitutionality of a Georgia statute making monetary restitution to the victim by the convicted perpetrator of a crime a condition of probation.1 The challenges made are: (1) that the statute as applied by defendants violated the due process clause of the Fourteenth Amendment because no court…
Appellant Robinson filed a petition for a writ of habeas corpus, asserting that in his Texas state trial he was denied compulsory process for the attendance of a witness in violation of the Sixth and Fourteenth Amendments.…
This is an appeal from an order of the District Court for the Middle District of Alabama, Northern Division, dismissing appellant’s complaint, which sought to permanently enjoin any mineral prospecting or mining in Bankhead National Forest in Alabama.…
The plaintiff, Cinecom Theaters, owns and operates two drive-in motion picture theaters located in the City of Fort Wayne, Indiana.…
United States v. Alfred Loren Wallace Page 11971
This Selective Service case has returned to this court following remand for further testimony in the district court.…
United States v. Ricardo Pablo Barron Page 11972
Ricardo P. Barron appeals from a judgment of conviction for violation of 21 U.S.C.…
In this case, in which Eastern Foundation Co. (Appellee) brought an action under the terms of an excess liability policy that it purchased from Appellants, underwriting members of Lloyd’s of London, the issue is the binding effect, by way of collateral estoppel, of a prior litigation in which Eastern was a party but…
United States v. James Joseph Diprima Page 11975
This is another of the flow of cases objecting to the fruits of a search and seizure where the police acted without a search warrant, but after a request for and a manifestation of consent.…
United States v. Alford Gaynor Page 11977
The question raised by this appeal relates to the admissibility of an incriminating statement made by the appellant in a courthouse elevator to a Postal Inspector who had previously interrogated him, after his arraignment and assignment of counsel but in the absence of counsel.…
United States v. Frank Gervato Page 11981
OPINION OF THE COURT We review in this case the validity of a district court decision that a warrant to search a private dwelling cannot constitutionally be executed in the known absence of the occupant unless exigent circumstances exist.…
United States v. Clinton Barrett Shriver Page 11983
OPINION OF THE COURT Appellant Clinton Barrett Shriver was indicted on four counts relating to alleged violation of the Military Selective Service Act, 50 U.S.C.…
We affirm for the reasons stated by the District Court.…
William Robert Grier v. United States Page 11998
William R. Grier appeals from the district court’s decision denying relief under 28 U.S.C.…
470 F.2d 1370 73-1 USTC P 9195 David A. PROPHIT, Petitioner-Appellee,v.COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.…
On February 27, 1963, an Army general court-martial found petitioner guilty of the premeditated murder of a German civilian woman in violation of 10 U.S.C.…
This case' presents the petition of McDonnell Douglas Corp. 1 to review and set aside the order of the National Labor Relations Board which found McDonnell had committed unfair labor practices.…
United States v. Charles Flohr Page 12002
Appellant Charles Flohr was convicted by a jury in the United States District Court for the District of Montana on two counts of an indictment.…
472 F.2d 796 73-1 USTC P 9194 NATIONAL ALFALFA DEHYDRATING AND MILLING COMPANY, Petitioner-Appellant,v.COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.…
United States v. Eugene R. Frazier Page 12006
476 F.2d 891 155 U.S.App.D.C. 135 UNITED STATES of Americav.Eugene R.…
United States v. George A. Martin Page 12008
475 F.2d 943 154 U.S.App.D.C. 359 UNITED STATES of Americav.George A.…
This is an appeal from a judgment granting an injunction against appellant for violating Pay Board Ruling No. 34 by entering into agreements which provided for the deposit in escrow accounts of wages and benefits unapproved (in fact, disapproved) by the Construction Industry Stabilization Committee (hereafter CISC).…
United States v. Leandrew Henderson, Jr. Page 12010
Leandrew Henderson, Jr., was convicted of larceny and burglary on a United States Naval Air Base.…
This is an appeal from an order of the United States District Court for the Eastern District of Tennessee, Southern Division, granting Defendants-Appellees summary judgment in an action for damages resulting from injuries sustained by Appellant in a fall from a defective ladder.…
United States v. Trenton Brooks Seavers Page 12012
The Court is called upon in this appeal to determine whether a person who has pled guilty in his own criminal prosecution may subsequently refuse to testify on Fifth Amendment grounds when called as a witness in the trial of one accused of aiding and abetting him.…
Petitioner, Virgil Lee Kelly, Jr., was convicted on April 16, 1969, in the Circuit Court of Jefferson County, Kentucky, and is presently serving a fifteen year sentence for armed robbery and a five year sentence for operating a motor *718 vehicle without the owner’s consent.…
The only issue of substance presented on this appeal is defendants-appellants’ claim that the District Judge erred in failing to grant their motion to suppress evidence on the basis of their claim that customs agents’ search and seizure of 1,000 pounds of marijuana at a roadblock near an airport at Chillicothe, Ohio…
Morris v. Michigan State Board of Education Page 12015
This case arose out of the desire of two high school girls from the Ann Arbor Union High School tennis team to participate in interscholastic tennis matches representing their school.…
Pedro Flores v. United States Page 12016
Petitioner was convicted on a plea of guilty in 1967 of a violation of 26 U.S.C.…
Papercraft Corporation petitions for review of a Federal Trade Commission order directing divestiture of assets acquired from CPS Industries, Inc., pursuant to an exchange of shares in December, 1967.…
Barbara Marie Hicks v. United States Page 12020
This is an appeal from a revocation of probation.…
Appellant was appointed to represent an indigent state prisoner in federal court.…
Petitioner, Haghoosh Baronakian Pir-zadian, was admitted to the United States on October 17, 1969.…
D.C.Code § 19-113 entitles a surviving husband or wife to renounce his rights under his spouse’s will and elect instead a statutory share “not to exceed one-half of the net estate bequeathed and devised by the will .…
Darrell E. Moore v. McLean Trucking Company Page 12031
473 F.2d 907 82 L.R.R.M. (BNA) 2523, 70 Lab.Cas.…
This case presents an intricate problem in the allocation of the recovery in an action brought by an injured longshoreman against a shipowner under the Longshoremen’s and Harbor Workers’ Compensation Act (LHCA), 33 U.S.C.…
This is an appeal from the refusal of the district court by declaratory and in-junctive relief to order the City Council of Macon, Georgia to allow the appellant to transfer his licensed liquor store to another location within the city.…
This appeal is the third in a series of class action attacks against regulations of the Texas State Department of Public Welfare governing the availability of public assistance benefits under the Aid to Families with Dependent Children (AFDC) program.…
Trying hard to get under the dry comfortable umbrella which we often raise to protect disputatious matters from the quick disposition by summary judgment, F.R.Civ.P.…
United States v. Benjamin J. Thompson Page 12044
475 F.2d 931 154 U.S.App.D.C. 347 UNITED STATES of America,v.Benjamin J.…
United States v. Joseph Ruggiero Page 12045
The principal issue upon this appeal by Joseph Ruggiero from a judgment convicting him, after a jury trial, of giving false testimony before a federal grand jury in violation of 18 U.S.C.…
United States v. Paul Phillip Strauss Page 12048
OPINION OF THE COURT Paul Phillip Strauss appeals from his conviction on all counts under a twenty count indictment charging him with violations of 18 U.S.C.…
This is the second appeal from the United States District Court for the Northern District of Texas where the district court ordered the state court to hold an evidentiary hearing in a habeas matter involving a state prisoner.…
United States v. Reginald Jerome Shye Page 12054
The Government appeals, pursuant to 18 U.S.C.…
This is an appeal from a judgment of the Tax Court that Appellant had an income tax deficiency for the year 1965 and disallowing Appellant’s claim for overpayment of income tax.…
Plaintiff, a contractor, appeals from a summary judgment denying its claim for extra compensation to cover costs incurred because an access road became impassable during the construction of an approach light system at the Minneapolis-St. Paul International Airport.…
The International Brotherhood of Electrical Workers appeals from a preliminary injunction against a work stoppage in a dispute with Southern Pacific Transportation Company concerning work assignments.…
This case comes to us on Application for Enforcement of an Order of the NLRB, relating to purported violations of 29 U.S.C.…
In this proceeding the Labor Board seeks enforcement of an unfair labor *648 practice order issued against Millard Metal Service Center, Inc., a corporation engaged in the sale and distribution of brass and related products in Braintree, Massachusetts.…
Joanne Bair v. American Motors Corporation Page 12062
OPINION OF THE COURT This is an appeal from a judgment on a jury verdict in favor of the defendant American Motors Corporation.…
Harold S. Kemp v. Louie L. Wainwright, Director, Division of Corrections, State of Florida Page 12063
Harold S. Kemp, a Florida state prisoner, appeals from the district court’s dismissal of his petition for habeas corpus relief.…
United States v. James John Malasanos Page 12064
This is an appeal from the conviction by a jury of James Malasanos for violating 18 U.S.C.…
United States v. Mayce Price Page 12066
472 F.2d 573 UNITED STATES of America, Plaintiff-Appellee,v.Mayce PRICE, Defendant-Appellant.…
William J. Boadle v. United States Page 12068
William Boadle appeals from a judgment of the United States District Court for the District of Montana, sitting without jury, denying him all recovery in an action brought against the United States pursuant to the Federal Tort Claims Act, 28 U.S.C.…
United States v. Terry Wilson Page 12069
Terry Wilson was convicted after a jury trial of refusing to report for induction into the armed forces in violation of 50 U.S.C.…
Ophelia Green v. William H. James Page 12071
Appellant Green is a civilian employed as a practical nurse in the dispensary at Schofield Barracks, an Army post.…
.Under 28 U.S.C. § 1291, the United States courts of appeals have jurisdiction to review “final decisions” of the United States district courts.…
This case represents 1 the federal stage of a long-standing and acrimonious court battle between the Simmons family of East Granby, Connecticut and state officials over the latters’ attempts to condemn some land adjoining Bradley International Airport.…
United States v. Gerald Peden Page 12076
Gerald Peden appeals from his bribery conviction following a jury trial in the United States District Court for the Southern District of New York, Thomas F.…
This appeal is from a denial on June 9, 1971, without an evidentiary hearing, of a petition for a writ of habeas corpus filed by petitioner Lasky pro se on February 4, 1971 in the United States District Court for the Southern District of New York.…
This is an appeal from an order of the District Court upholding an injunction granted by the Referee in Bankruptcy against the foreclosure of a deed of trust given by a husband and wife, the petitioners in a consolidated Chapter *306 XIII proceeding, 1 over their home, owned by them as tenants by the entire-ties.…
This appeal involves a district court order granting declaratory and injunc-tive relief against the Board of Regents with respect to two Board of Regents rules applicable at the University of Texas.…
In this case, plaintiffs, black students in the West Baton Rouge Parish, Louisiana public schools, challenge the constitutionality of (1) the Louisiana public school disciplinary statutes; (2) the rules and regulations of Port Allen High School; and (3) the system of psychological testing used in the elementary…
Appellant Bryant seeks reversal of the district court’s dismissal of his ha-beas corpus petition.…
This is an appeal from the District Court’s dismissal of the petitioners’ suit for injunction and for damages in which there were allegations of violations of the Civil Rights of the petitioners.…
This is an appeal from the District Court’s denial of the appellant’s application for a writ of habeas corpus.…
Four juveniles confined in the Illinois Industrial School for Boys at Sheridan, Illinois, filed petitions for habeas corpus alleging that they were entitled to be released because they have already received punishment greater than that authorized by law for adults guilty of offenses comparable to those which led to…
United States v. John Matthew Glavan Page 12089
Appellant was indicted in two counts charging 1) failure to report for an armed forces physical examination; and 2) failure to report for induction.…
United States v. Dennis H. Erickson Page 12090
Dennis Erickson appeals from a conviction in a jury trial of a violation of 18 U.S.C.…
Petitioner was convicted of first degree murder in a District Court of the State of Montana.…
We affirm in part and reverse in part a judgment dismissing an action brought pursuant to the Civil Rights Act, 42 U.S. C.…
This is a diversity ease under Article 3 of the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus.…
Pravel, Wilson & Matthews v. Robert J. Voss Page 12096
This Texas diversity case plunges us into the murky waters of implied promises and “leading objects.” We emerge convinced that the judgment should be affirmed.…
This case is before the Court on a petition of the National Labor Relations Board for enforcement of its order issued against Buckhorn Hazard Coal Corporation.…
United States v. Joseph Frank Brumbaugh Page 12098
This is an appeal by Joseph Frank Brumbaugh from his conviction on a charge of bank robbery in the United States District Court for the Northern District of Ohio, Eastern Division.…
Harry Lee Matney, Melvin Dennis McCoy and David Wayne Rice, defendants-appellants, appeal from a conviction, on three counts of a joint indictment, in the United States District Court for the Eastern District of Kentucky, at London.…
This is a negligence action against United States Steel Corporation arising from the injury of Albert Hartwick, the appellant, 1 while he was foreman for the C-Way Construction Company.…
These appeals 1 are from orders of the district court entered on March 3 and *224 April 20, 1971, confirming the awarding of fees in Chapter XI proceedings of the Bankruptcy Act to Norman H.…
United States v. Jared Rex Petersen Page 12111
The United States appeals from an order granting appellees’ motion to suppress nine pounds of marijuana seized from them.…
dissenting: Each of these defendants was convicted of a D.C.Code offense, 1 and each moved for release pending appeal under D.C.Code § 23-1325(c).…
Petitioner Frates, convicted in Massa-' chusetts Superior Court of participating with three others in a kidnapping and rape, appealed on the ground of inadequate representation because of counsel’s lack of opportunity to prepare.…
We are called upon to decide the very specific question whether the Secretary of Defense, the Secretaries of the Army, Navy and Air Force, and the Commander of American military forces in Vietnam, 1 2 may implement the directive of the President of the United States, announced on May 8, 1972, ordering the mining of…
On June 2, 1972, a Special Agent of the FBI filed a complaint before a United States magistrate in the Southern District of New York seeking the arrest of Samuel Louis Goldberg and Herbert Brand for possessing treasury bills known to have been stolen from a bank, in violation of 18 U.S.C.…
471 F.2d 1371 Maxine McCANTS, as Administratrix of the Estate of John C.McCants, Deceased, Plaintiff-Appellant,v.ALCOA STEAMSHIP COMPANY et al., Defendants-Third-PartyPlaintiffs-Appellees,v.AETNA CASUALTY & SURETY COMPANY and Alabama State Docks &Terminals, Third-Party Defendants-Appellees.…
Sid Richardson Carbon Company has a plant in Odessa, Texas, producing carbon black.…
Homer Montgomery v. Otis Elevator Company Page 12122
Plaintiff, who was employed as a freight elevator operator by the Pont-ehartrain Hotel, of New Orleans, sued for injuries allegedly suffered when malfunctioning sliding doors of the elevator injured him.…
Donald W. Fausner, a commercial airline pilot employed by American Airlines, regularly traveled by private automobile from his home to his place of employment and back again, a round trip distance of approximately eighty-four miles.…
This is an appeal from a decision of the United States Tax Court holding that collections upon a corporate note received by taxpayer-appellant in a transaction made nontaxable by Section 351 of the 1954 Code must be reported as ordinary income in the year of receipt.…
This is an appeal by plaintiff, First National Bank of Southaven, from a summary judgment in favor of defendant, William B.…
In this civil suit the Secretary of Labor seeks to enjoin a corporate construction contractor and its president from violating sections 7(a)(1), 7(a)(2) and 15(a)(2) of the Fair Labor Standards Act, as amended, 29 U.S.C.…
In this case, fallowing a successful suit by plaintiff Capers against the Cuyahoga County Board of Election resulting in a District Court order requiring the Cuya-hoga County Board of Election to make provisions for the filing of the petitions allowing candidates independent of major parties to become candidates for…
This long pending litigation first began in 1963 when two actions were filed *817 in the federal district court.…
United States v. Wilfred Henry Sorrell Page 12131
473 F.2d 1054 UNITED STATES of America, Plaintiff-Appellee,v.Wilfred Henry SORRELL, Defendant-Appellant.…
Midcontinent Broadcasting Company sought damages against North Central Airlines when the latter’s aircraft struck and destroyed a 2,000 foot television tower from which plaintiff was broadcasting.…
This case is before us on an interlocutory appeal authorized by 28 U.S.C.…
472 F.2d 297 UNITED STATES of America, Plaintiff and Appellee,v.Rickie A.…
Richard v. Henninger v. United States Page 12140
Henninger’s Federal Tort Claims action was dismissed by the district court and he appeals.…
In this diversity action the plaintiff, Alice H.…
OPINION OF THE COURT This is an appeal from the denial of a petition for a writ of habeas corpus.…
OPINION OF THE COURT This is an appeal from an order denying a petition for habeas corpus.…
Edward G. Garland, a Virginia prisoner, seeks a certificate of probable cause to appeal from an order of the District Court, 311 F.Supp. 1290, dismissing his petition for a writ of habeas corpus.…
Dr. Verriah V. Kota, a nontenured college professor, appeals from an order of the district court, 351 F.Supp. 1059, denying his constitutional protest against the officials of Pembroke State University in North Carolina for their alleged failure to provide procedural due process safeguards prior to nonrenewal of his…
470 F.2d 1000 Brodus and Aura PARHAM, Plaintiffs-Appellants,v.Sherry Johanne EDWARDS and Marvin E.…
In this eminent domain case the United States appeals from the district court’s judgment in favor of the private property owners.…
Kinnard Copeland, ably represented by court-appointed counsel, appeals from the district court’s denial of his petition for habeas corpus.…
United States v. Thomas W. Franklin Page 12153
Thomas Franklin was convicted of possession of goods stolen from an interstate shipment, 18 U.S.C.A.…
United States v. J. W. Robinson Page 12155
Judge Clark, writing for a panel of this Court, succinctly stated the posture of the case on appeal as follows: This appeal was intended to raise the constitutionality of Title III of the Omnibus Crime Control and Safe Streets Act of 1968, which permits wiretaps and other electronic surveillance methods as crime…
While serving a 15-year sentence for an unrelated crime, petitioner and a fellow inmate in the Louisiana State Prison where he was incarcerated became embroiled in a heated quarrel.…
What is the proper standard for judicial review of an agency’s threshold determination not to file an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA) ?…
In the Matter of Ralph E. Stolkin, Debtor. Ralph E. Stolkin v. Ruth Stolkin March, Claimant-Appellee Page 12158
Stolkin, the debtor in Chapter XI bankruptcy proceedings, appeals from the district court order confirming the referee’s order which denied Stolkin’s petition to reconsider the allowance in full of the claim of his divorced wife, Ruth Stolkin March.…
Senior District Judge. This is an action for personal injury brought under the Federal Employers’ Liability Act.…
Richard H. Nelson appeals a summary judgment which held that he was not entitled to participate in a pension plan created seven years after he left the employment of American Air Filter Co., Inc. We affirm.…
OPINION OF THE COURT This appeal, in which the government challenges a suppression of evidence ordered by the district court, 338 F.Supp. 341, forces us to peer once again into the murky area surrounding the precepts governing averments necessary for a finding of probable cause, the basic component that permits a…
The plaintiffs seek declaratory and injunctive relief in connection with the denial by the commander of the military base at Fort Eustis, Virginia, of their application to use the chapel facilities at such base for “a religious memorial service * * * for all Indo-China war dead.” 1 They describe themselves as persons…
Cohen v. Chesterfield County School Board Page 12167
In this action brought under 42 U.S.C. § 1983, the plaintiff challenges the maternity leave regulation of the Chesterfield County School Board on the ground that it deprives her of her rights to due process and to equal protection of the laws guaranteed under the Fourteenth Amendment to the Constitution.1 The…
This case raises again before this circuit the question of whether the determination by the National Labor Relations Board that a union had committed an unfair labor practice in violation of the National Labor Relations Act is res judicata in a subsequent suit for damages under Section 303 of the Labor-Management…
Harlan G. Smith appeals from the district court’s decision denying his petition for a writ of habeas corpus.…
This case is brought by inmates of the federal penitentiary in Atlanta and involves an allegation that these petitioners, all black Muslims, are being deprived of their constitutional right to practice their religion by the prison authorities.…
The sole issue presented by plaintiff on this appeal is asserted error upon the part of the trial court in sustaining defendant’s motion for judgment n.…
On this appeal from unlawful possession of a firearm, the central issue is the reasonableness of the seizure of the sawed-off shotgun in appellant’s hotel room.…
OPINION OF THE COURT The appellants brought this suit in the district court 1 seeking, inter alia, to enjoin a scheduled nominating meeting 2 and to have certain election bylaws of the Amalgamated Clothing Workers of America, Philadelphia Joint Board (“the union”), declared to be in violation of the Labor-Management…
472 F.2d 1171 In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor.Appeal of The FIDELITY BANK, Individually, on behalf of TheNew York and Harlem Railroad Company, and on behalf of allother shareholders of The New York and Harlem RailroadCompany other than Penn Central Transportation Company.…
473 F.2d 749 UNITED STATES of America, Plaintiff-Appellant,v.William DeROSIER and Mildred DeRosier, d/b/a Northwood Bar,Defendants-Appellees.…
Richardson appeals the district court’s denial of his petition for habeas corpus.…
United States v. John K. Briggs Page 12183
This is an appeal under the Bail Reform Act, 18 U.S.C.…
Sam Dipiazza v. United States Page 12185
Appellant was convicted in a jury trial in the Southern District of Ohio of seven counts of.…
United States v. Wilford Burch Page 12186
Defendant appeals from judgment of conviction upon trial without a jury of the offense of illegal possession of heroin, in violation of 21 U.S.C.…
Charles R. Orricer collaterally attacks his state court conviction and the resulting fifteen-year prison sentence for committing burglary in the second, degree in violation of the criminal laws of South Dakota.…
The defendants have been charged in a private civil action with defrauding the plaintiffs in violation of § 10(b) of the Securities Exchange Act of 1934, 1 Rule 10b-5 2 and the common law.…
United States v. James Andrew Cooper Page 12191
465 F.2d 451 UNITED STATES of America, Plaintiff-Appellee,v.James Andrew COOPER, Defendant-Appellant.…
This is an appeal from an order of the District Court for the Western District of Washington dismissing for lack of jurisdiction.…
Charles Felix Moreno v. L. S. Nelson, Warden Page 12193
Following a plea of guilty to first degree robbery, appellant was sentenced in the California State Court on September 23, 1955, to the term prescribed by law, i.…
In this diversity action arising in Idaho, Robert Ray seeks damages from Monsanto Company (Monsanto) for per *220 sonal injuries sustained in a construction accident.…
In this diversity suit arising in Idaho, Robert Mickelsen seeks damages from Monsanto Company (Monsanto) for personal injuries sustained in an accident on Monsanto’s premises.…
Taxpayers appeal a Tax Court judgment denying a deduction of $22,000 as an ordinary business expense.…
The appellant was indicted in nine counts.…
475 F.2d 916 154 U.S.App.D.C. 332 Ralph NADERv.John VOLPE, Secretary of Transportation, et al., Appellants.…
This is an appeal from the district court’s denial of a motion to stay proceedings in the present action pending arbitration and of a motion for protective order.…
A suit by a Massachusetts corporation, involving Massachusetts real estate, was brought against one of the present defendants in 1968 and was dismissed with prejudice on January 12, 1972.…
United States v. Robert A. Barbato Page 12202
After trial by a jury appellant Robert A.…
United States v. James Louis Nazzaro Page 12204
Rarely is there a case reaching us after conviction in which the defendant believes he has received a fair trial.…
United States v. Arthur Needles Page 12205
Arthur Needles appeals from a judgment of conviction entered upon a guilty plea in the United States District Court for the Eastern District of New York, Joseph C.…
The National Labor Relations Board petitioned for enforcement of its order *999against Supak and Sons Manufacturing Corporation in which the Board found that the company violated § 8(a)(5) and (1) of the National Labor Relations Act [29 U.S.C.…
The plaintiff sought both individual and class relief in this action filed under Title VII of the Civil Rights Act of 1964.…
In 1959 the petitioner, a North Carolina state prisoner, pled guilty to second-degree murder and received an indeterminate sentence of 25 to 30 years, 1 later commuted by the Governor of that State to one of 20 to 25 years.…
This case arises upon the petition of United Gas Pipe Line Company a.nd Pennzoil Pipeline Company 1 to review and set aside an order issued by the Board on December 10, 1971 and reported in 194 NLRB 131.…
Appellant, a prisoner of the State of Georgia, is serving a life sentence for mprder by castration.…
United States v. Virgie Washington Page 12215
This is an appeal from a judgment entered on an adjudication of guilt in a nonjury trial under 8 U.S.C.A.…
This appeal was taken by the government pursuant to 18 U.S.C.A.…
\"Americans United\" Inc. v. Walters Page 12223
This case comes to us on appeal from an order in the district court denying appellants’ (plaintiffs below) petition to convene a three-judge district court pursuant to the provisions of 28 U.S.C.…
Appellant Skippy House was tried before a jury and convicted on one count of selling heroin on August 3, 1971, in violation of 21 U.S.C.…
The Hartman Tobacco Company v. United States Page 12226
471 F.2d 1327 73-1 USTC P 9177 The HARTMAN TOBACCO COMPANY, Plaintiff-Appellee,v.UNITED STATES of America, Defendant-Appellant.…
OPINION OF THE COURT The jury found the defendant guilty, with sufficient evidence, of both counts of armed robbery of a federally insured savings and loan association.…
The plaintiff, Kermit Dement, brought an action for personal injuries against appellants in the district court under the Jones Act and the general maritime law.…
James Lyman Jacobs v. The State of Texas Page 12230
The district court dismissed the petition of appellant Jacobs for habeas corpus relief on the ground that he had failed to exhaust available state remedies.…
Guy Daniel Crum v. Continental Oil Company Page 12231
Plaintiff, Guy Daniel Crum, an employee of Buras Contractors, Inc., brought suit against defendant, Continental Oil Company, for injuries sustained by him while working aboard a fixed platform owned by defendant, located in the Gulf of Mexico about 30 miles offshore from Grand Isle, Louisiana.…
David Culp v. William Martin, U.S. Marshal Page 12232
David Culp, Weldon Fossey and Burton Turner apply for leave to appeal in forma *815 pauperis 1 from the district court’s refusal to permit them to file a complaint in forma pauperis under 42 U.S.C.…
Arland L. Gerberding v. United States Page 12235
Due to a unique history, this case is before us on two appeals, one from the denial of a § 2255 motion to vacate sentence and the other from the original judgment of conviction.…
James D, Hodgson, as United States Secretary of Labor, 1 brought this action under § 17 of the Fair Labor Standards Act of 1938, 2 as amended, 3 to enjoin The Prophet Company 4 from violating §§ 6 and 7 of such Act, as amended.…
This case takes us into the corrupt municipal politics of Johnstown, Pennsylvania, where local franchises were apparently granted to the highest bidder —of the biggest bribe to local officials.…
473 F.2d 1244 73-1 USTC P 9176 The COLUMBIA GAS SYSTEM, INC., Appellant,v.UNITED STATES of America, Appellee.…
United States of America, Ex Rel., Frank Earl Senk, S-0026 v. J. R. Brierley, Superintendent Page 12242
OPINION OF THE COURT This is an appeal from the denial of a petition for a writ of habeas corpus.…
OPINION OF THE COURT Both appeals are from orders of the district court granting summary judgment in favor of the United States in actions brought pursuant to the Federal Tort Claims Act, 28 U.S.C.…
The sole issue before us is whether substantial evidence supports the findings of the National Labor Relations Board that Spartus Corporation, at its Louisville, Mississippi plant, violated § 8(a)(1) of the National Labor Relations Act by coercively interrogating and polling employees, by threatening them with…
United States v. Mathew J. Franicevich Page 12247
Mathew J. Franicevich appeals from a three count conviction for the following offenses: Count I.…
Arthur N. Reed v. United States Page 12249
The district court has denied Arthur Reed’s second motion to vacate his criminal conviction and sentence for transporting altered securities in interstate commerce, and he appeals.…
United States v. Kenneth Kermit Hayles Page 12250
After a joint trial before a jury appellants Hayles, Mullins, Bullock and Wag-goner were convicted of violating 18 U.…
United States v. Joel Carruth Stokes Page 12253
Joel C. Stokes appeals from his conviction for embezzlement and willful misapplication of bank funds in violation of 18 U.S.C.…
Plaintiff-appellant Graci appeals from the district court’s denial of his motion that his suit under the Federal Tort Claims Act be declared a class action.…
A two-count indictment was returned against Harvey Gene Love, Jr., Earline Robin Sweda, and James Clark Bateman.…
Appellee Phillip S. Wood was discharged by the United States Postal Service 1 after he allegedly participated in the falsification of postal timecards.…
On November 7, 1972, the Supreme Court, in NLRB v. International Van Lines, 409 U.S. 48, 93 S.Ct.…
United States v. Elmer Thomas Mitchell Page 12260
472 F.2d 67 UNITED STATES of America, Plaintiff-Appellee,v.Elmer Thomas MITCHELL, Defendant-Appellant.…
United States v. Gerald Lawrence Hallam Page 12261
This appeal is taken from conviction of possession of an unregistered weapon in violation of 26 U.S.C.…
Anthony Spano, employed as a longshoreman by the Universal Terminal and Stevedoring Corporation, was injured on September 6, 1968, while working aboard the defendant’s vessel, the S.S.…
Cynthia Hagans v. George K. Wyman Page 12265
The State of New York appeals from an order of the United States District Court for the Eastern District of New York permanently enjoining'the enforcement or implementation of Section 352.7 (g) (7) of Title 18 of the New York Code of Rules and Regulations, 1 a regulation permitting the state to recoup advance payments…
United States v. Samuel A. Bithoney Page 12266
Samuel A. Bithoney and Albert S. Bithoney appeal from judgments of conviction, entered upon the verdict of a jury, after a trial before Judge Burke in the District Court for the Western District of New York, for violation of 18 U.S.C., Sections 1015 and 2.…
469 F.2d 1394 73-1 USTC P 9179 Lillian MONDSHEIN, as Administratrix of the Estate ofBenjamin Mondshein, and Lillian Mondshein, Appellants,v.UNITED STATES of America, Appellee.…
While the who-has-standing-to-sue-un der-Moragne question which this cause presents is novel, the district court’s answer — the personal representative of the deceased — is clearly correct.…
United States v. Henry E. Perry Page 12271
473 F.2d 643 73-1 USTC P 9240 UNITED STATES of America, Plaintiff-Appellant,v.Henry E.…
United States v. Ocie Anderson Page 12273
Appellant was convicted below of violating the Mann Act, 18 U.S.C.A.…
This is another habeas case in which the petitioner contends that the district court denied him relief without a hearing.…
Hollis Jordan, a Texas prisoner in the respondent-appellee Dr. Beto’s custody by virtue of a state court conviction in De Witt County, Texas for passing a forged instrument as true, was denied habeas corpus relief by the district court below.…
Oscar Reyes Mendoza and Jesus Reyes Mendozo appeal from convictions 1 on three counts of federal drug offenses.…
Hall Paving Company v. United States Page 12278
The United States alleges that Hall Paving Company acquired five eorporations on April 1, 1963, for the principal purpose of filing a consolidated tax return and thereby utilizing the corporations’ anticipated post-acquisition operating losses to offset Hall’s otherwise taxable income for the tax year ending October…
Plaintiff (appellee) obtained a judgment against defendant L.…
Wilmer K. Calvin, Jr. v. Roy Rupp, Etc. Page 12280
During the school year 1968-69 Wilmer K. Calvin, Jr., hereinafter referred to as plaintiff, was employed as a high school teacher in the Brookfield, Missouri R-II public school district.…
We are called upon in this case to review the question of whether the corporate taxpayer herein was entitled to certain net operating loss carryovers from a corporation which it acquired in a “taxfree” reorganization pursuant to section 368(a)(1)(C).1 Resolution of this question ultimately devolves to the validity of…
United States v. William H. Addington Page 12285
Appellant William H. Addington was found guilty on 14 counts of an indict- ment charging various criminal acts in connection with the handling of grain belonging to Commodity Credit Corporation (CCC).…
Delmar B. Dennis v. Ford Motor Company Page 12289
OPINION OF THE COURT In the instant case the jury awarded appellee Delmar Dennis damages of $13,-471.00 in his diversity products liability action against appellant Ford Motor Company.…
We are in agreement with the well considered opinion of the district court, appended hereto, and its judgment is affirmed.…
United States v. John Thomas Allen Page 12292
Appellants were convicted of willful and knowing possession of an illegal firearm, that is, a double barrel 12 gauge shotgun sawed-off to a total length of less than 26 inches.…
This case involves an appeal from two determinations of the District Court: the first from a preliminary order granting the Appellant Union permission to file an amended complaint and striking from the amendment the demand for a jury trial; the second from the final judgment of the District Court dismissing the…
J. W. Jones v. J. W. Norvell, Warden Page 12295
This is an appeal from a decision of the United States District Court for the Western District of Tennessee denying a petition for writ of habeas corpus without an evidentiary hearing.…
Gary Geboy, then seventeen years of age, was arrested on December 9, 1967, and charged with injury by conduct regardless of life and indecent behavior with a child in violation of Wis.Stat. Ann.…
United States v. Theodore Douglas Dooley Page 12298
Theodore Douglas Dooley was convicted, upon a plea of guilty, of failure to report for and submit to induction into the armed forces.…
Appellants Wainscoat, Baker, Henry, Wells and Morrison claim to be entitled to overtime compensation for work in excess of forty hours per week during various monthly periods from October, 1965, through 1967 under the provisions of the Fair Labor Standards Act, 29 U.S.C.…
United States v. Roberto Vasquez-Velasco Page 12303
In 1967, appellant was charged in a two count indictment with (1) smuggling into the United States 10 ounces of heroin, and (2) transportation and concealment of the same heroin, all in violation of 21 U.S.C.…
United States v. Marc Enright Neilson Page 12304
Appellant was convicted in a jury trial of knowingly failing and neglecting to keep his Local Board advised of the address where mail would reach him from July 17, 1970, until December 1, 1970, in violation of 50 U.S.C.App.…
Fitch and Meisel have been adjudged guilty of civil contempt (after having been granted “use” immunity) for refusal to testify before a federal grand jury.…
United States v. Robert Deming Spencer, Jr. Page 12307
Robert Deming Spencer, Jr., appeals from his conviction for failure to report for induction, in violation of 50 U.S.C.…
United States v. Randall Scott Adkins Page 12308
Randall Scott Adkins appeals his conviction by the court sitting without a jury of failing to submit to induction in violation of 50 U.S.C.App.…
Appellant is a local labor organization composed of clerks, medical assistants and hospital clerks.…
United States v. Rodney McCoy Page 12313
Within thirty minutes following a robbery of Benson’s Jewelry Store at 1319 F Street, Northwest, on September 19, 1970 by three young men, two suspects meeting the broadcast (lookout) description of the robbers 1 were arrested about nineteen blocks away with a plastic bag containing two trays of the stolen rings.…
Yale Broadcasting Company v. Federal Communications Commission and United States of America Page 12316
478 F.2d 594 155 U.S.App.D.C. 390 YALE BROADCASTING COMPANY et al., Petitioner,v.FEDERAL COMMUNICATIONS COMMISSION and United States ofAmerica, Respondents.…
Anivel J. Gomes sought release from the Massachusetts Correctional Institution (M.C.I.) Bridgewater Treatment Center by petition for habeas corpus in the district court.…
The United States brought this suit to recover excess freight charges paid by it to Waterman Steamship Company as reimbursement for the cost of shipping goods abroad for the Cooperative for American Relief Everywhere, Inc. (CARE), a private, nonprofit voluntary relief organization.…
This admiralty ease arises from a late night collision on the Mississippi River *269 below New Orleans in the proximity of Bolivar Point, Mile 22.…
Johnnie Pruett v. State of Texas Page 12321
470 F.2d 1182 Johnnie PRUETT, Petitioner-Appellee,v.STATE OF TEXAS, Respondent-Appellant.…
United States v. Louis Ray Smith Page 12322
Appellant Louis Ray Smith was convicted below of forging endorsements on a United States Treasury check in violation of 18 U.S.C.A.…
United States v. Richard Henry Beck Page 12324
This is a direct appeal from Richard Henry Beck’s conviction for possession and forgery of a stolen United *32 States Treasury check in violation of 18 U.S.C.…
Appellant instituted this action in the district court seeking to review a denial of social security disability benefits.…
Vac-Air, Inc. v. John Mohr & Sons, Inc. Page 12327
This appeal requires us to draw the ever-troublesome line between the right on the one hand of a litigant to a determination of his claim or defense upon the merits despite the incompetency or lack of diligence of his attorney and the necessity on the other hand of the trial judge to control and manage litigation…
The question presented for decision in this case is whether the description of collateral in the controverted security agreement is adequate under §§ 9-110 and 9-203(1) (b) of the Uniform Commercial Code [U.C.C.] to create a security interest in certain property.…
Appellants were jointly indicted, tried, and found guilty of violating 18 U.S.C.…
United States v. Karl Erick Burton Page 12330
The defendant, Karl Erick Burton, was convicted of violating 50 U.S.C.…
On November 3, 1966, appellant, a United States citizen residing in London, England, filed a pro se petition with - the United States Tax Court for redetermination of tax deficiencies for 1962 and 1963, of $607.30 and $480.41 respectively.…
Petitioner Air Line Pilots Association 1 challenges CAB approval of an agreement, pursuant to Section 412 of the Federal Aviation Act of 1958, 49 U.S.C.…
This is a diversity action removed, from the Massachusetts state court, in which Walker, a distiller, rectifier and wholesaler of alcoholic beverages, seeks to recover $151,386 under the blanket crime coverage of an insurance policy is *952 sued by Travelers.…
This petition to enforce an order of the National Labor Relations Board, 194 N.L.R.B.…
United States v. Steven Paul Valot Page 12337
Appellant Steven Paul Valot appeals from a judgment of conviction after a one day nonjury trial on June 29, 1972 in the Eastern District of New York, before Mark A.…
OPINION OF THE COURT This appeal is from a judgment entered on a jury verdict for the defendants, Clayton A.…
This litigation is a thus far unsuccessful effort by a local Virginia beer distributing company (AFA) to prevent a Texas manufacturer of beer (Pearl) from terminating an exclusive franchise to distribute Country Club Malt liquor in northern Virginia.…
470 F.2d 1001 UNITED STATES of America, Plaintiff-Appellant,v.The TEXAS EDUCATION AGENCY et al.…
471 F.2d 609 LEMAR TOWING COMPANY, Plaintiff-Appellant,v.FIREMAN'S FUND INSURANCE COMPANY, Defendant-Appellee.…
United States v. Thomas James Hand, III Page 12345
In this appeal from conviction on count two of a three count indictment under 18 U.S.C.A.…
ORDER The National Labor Relations Board on October 10, 1972, filed an application for enforcement of its order and decision in its case No. 25-CA-4173.…
James R. Hoffa v. United States Page 12348
This case involves a motion by James R. Hoffa to vacate sentence under 28 U.S.C.…
David Ford v. John W. Wingo, Warden Page 12349
472 F.2d 148 David FORD, Petitioner-Appellant,v.John W.…
United States v. G. Stanley Rischard Page 12353
G. Stanley Rischard (Rischard), a Minneapolis attorney, was convicted by the district court acting without a jury, on four counts of an indictment, two of which alleged that he subscribed his name to a tax return in 1965 and 1966 knowing it to be false, and two of which alleged attempts to evade income taxes in the…
Appellant, a former career Civil Service Postal Clerk, instituted an action in the District Court for review of the administrative decision made to separate him from the Postal Service, and for reinstatement with back pay and benefits.…
International Dairy Engineering Co. and Foremost Dairies (hereinafter Foremost) appeal from a determination by the United States District Court for the Northern District of California, sitting without jury, that the destruction by fire of certain of their property caused by a parachute flare dropped from an…
United States v. Harry Clardy Page 12358
After conviction by a jury of aiding and abetting the commission of a bank robbery [18 U.S.C.…
In state court proceedings, the Johnsons were charged in Alameda County, California, with fifteen counts of grand theft, violations of section 487 of California’s Penal Code.…
United States v. Herb Lague Page 12360
This is an appeal from a conviction by a jury of possessing unregistered ma-chineguns in violation of the National Firearms Act, 26 U.S.C.…
471 F.2d 218 Richard G. HARRIS, Plaintiff-Appellant,v.TOOELE COUNTY SCHOOL DISTRICT, by and through The TooeleCounty School District Board of Education,Defendant-Appellee.…
Lawrence A. and Melanie D. Ehr-hart, and Thomas P.…
DefSndant-appellants Wood, Wire and Metal Lathers International Union, Local Union No. 46 and Joint Apprenticeship Committee of the Employing Metallic Furring and Lathing Association, (JAC), appeal from an order and an amended order of the United States District Court for the Southern District of New York, Marvin E.…
Timothy Moynahan, an attorney, brought suit for damages under the Civil Rights Act, 42 U.S.C.…
United States v. Louis Fasanaro Page 12367
On February 17, 1972, 456 F.2d 1336, we affirmed without opinion the judgment of conviction entered against appellant in the United States District Court for the Southern District of New York, Inzer B.…
OPINION OF THE COURT The appellants James Rispo (72-1371) and George Rispo (72-1461) appeal from judgments sentencing them following their conviction on a three-count indictment which charges them with transporting a stolen firearm in interstate commerce, 15 U.S.C.…
Constance R. Johnson brought this action in equity to quiet title of land presently held by Mr. and Mrs. Joseph V.…
470 F.2d 1302 82 L.R.R.M. (BNA) 2146, 70 Lab.Cas.…
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the…
United States v. Cleo Gregory Page 12378
Cleo Gregory was convicted in 1953 of second degree murder on a federal reservation and sentenced to life imprisonment.…
This appeal concerns the application of the procedural requirements of § 102(C) of the National Environmental Policy Act of 1969 (NEPA) 1 to certain government actions taken in connection with the construction of a series of coal-fired electric generating facilities in the southwestern United States.…
The National Labor Relations Board petitions this court pursuant to Section 10(e) of the National Labor Relations Act (29 U.S.C.…
' This appeal from conviction under the Dyer Act 1 raises the question: Under what circumstances can interstate transportation of a stolen car by a purchaser (innocent of knowledge that the car was stolen) be said to have been willfully caused by the seller so as to render him guilty of a Dyer Act violation 2 under 18…
Appellant sought a writ of habeas corpus, attacking his conviction in the California state court for possession of marijuana.…
Cervantes-Gonzalez and Rivero-Tos-cano challenge their respective convictions on four counts of aiding and abetting in the distribution of controlled substances.…
Bredice v. Doctors Hospital, Incorporated Page 12397
479 F.2d 920 156 U.S.App.D.C. 199 Bredicev.Doctors Hospital, Incorporated 72-1421 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/20/73 D.C.D.C., 50 F.R.D.…
United States v. Palmer Page 12398
479 F.2d 922 156 U.S.App.D.C. 201 U. S.v.Palmer 72-1655 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/4/73 1 D.C.D.C.…
United States v. Moore Page 12400
479 F.2d 922 156 U.S.App.D.C. 201 U. S.v.Moore 71-1932 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/22/73 1 D.C.D.C.…
United States v. Robinson Page 12401
479 F.2d 922 156 U.S.App.D.C. 201 U. S.v.Robinson 72-2155 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/30/73 1 D.C.D.C.…
United States v. Patterson Page 12402
479 F.2d 922 156 U.S.App.D.C. 201 U. S.v.Patterson 72-1250 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/8/73 1 D.C.D.C.…
United States v. Shuler Page 12403
479 F.2d 922 156 U.S.App.D.C. 201 U. S.v.Shuler 72-2227 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/6/73 1 D.C.D.C.…
United States v. Shipman Page 12405
479 F.2d 922 156 U.S.App.D.C. 201 U. S.v.Shipman 72-1730 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/4/73 1 D.C.D.C.…
United States v. Perkins Page 12406
479 F.2d 922 156 U.S.App.D.C. 201 U. S.v.Perkins 72-2077 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/11/73 1 D.C.D.C.…
United States v. Thurman Page 12407
479 F.2d 922 156 U.S.App.D.C. 201 U. S.v.Thurman 71-1028 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/22/73 1 D.C.D.C.…
United States v. Snow Page 12408
479 F.2d 922 156 U.S.App.D.C. 201 U. S.v.Snow 72-1021 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/7/73 D.C.D.C.…
United States v. Southern Page 12409
479 F.2d 922 156 U.S.App.D.C. 201 U. S.v.Southern 72-2111 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/15/73 1 D.C.D.C.…
United States v. Parker Page 12410
479 F.2d 922 156 U.S.App.D.C. 201 U. S.v.Parker 72-1373 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/20/73 1 D.C.D.C.…
United States v. Waldron Page 12411
479 F.2d 922 156 U.S.App.D.C. 201 U. S.v.Waldron 72-1872 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/20/73 1 D.C.D.C.…
United States v. Wilson Page 12412
479 F.2d 922 156 U.S.App.D.C. 201 U. S.v.Wilson 72-2161 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/4/73 1 D.C.D.C.…
United States v. Sutton Page 12413
479 F.2d 922 156 U.S.App.D.C. 201 U. S.v.Sutton 72-1746 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/20/73 D.C.D.C., 346 F.Supp. 464 REVERSED
Washington Activity Group v. White Page 12414
479 F.2d 922 156 U.S.App.D.C. 201 Washington Activity Groupv.White 72-1445 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/20/73 D.C.D.C., 342 F.Supp. 847 AFFIRMED
Perlson v. Evening Star Newspaper Company Page 12415
479 F.2d 920 156 U.S.App.D.C. 199 Perlsonv.Evening Star Newspaper Company 72-1475 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/11/73 1 D.C.D.C.…
Mendola v. Singhap Corporation Page 12416
479 F.2d 920 156 U.S.App.D.C. 199 Mendolav.Singhap Corporation 72-1433 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/22/73 1 D.C.D.C.…
Harney v. Griner Page 12418
479 F.2d 920 156 U.S.App.D.C. 199 Harneyv.Griner 71-1789, 72-1817 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/8/73 1 D.C.D.C.…
Coleman v. Woodworth Page 12419
479 F.2d 920 156 U.S.App.D.C. 199 Colemanv.Woodworth 72-1902 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/12/73 1 D.C.D.C.…
Giles v. Espey Page 12421
479 F.2d 920 156 U.S.App.D.C. 199 Gilesv.Espey 72-1257, 72-1258 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/11/73 1 D.C.D.C.…
Jones v. North River Insurance Company Page 12423
479 F.2d 920 156 U.S.App.D.C. 199 Jonesv.North River Insurance Company 72-1656 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/8/73 1 D.C.D.C.…
Brichard v. Brenner Page 12424
479 F.2d 920 156 U.S.App.D.C. 199 Brichardv.Brenner 72-1664 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/15/73 1 D.C.D.C.…
479 F.2d 920 156 U.S.App.D.C. 199 Indiana & Michigan Electric Companyv.Federal Power Commission 72-2168 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/19/73 1 D.C.D.C.…
Rexall Drug and Chemical Company v. Brenner Page 12426
479 F.2d 920 156 U.S.App.D.C. 199 Rexall Drug and Chemical Companyv.Brenner 72-1626 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/14/73 1 D.C.D.C.…
McCoy v. Herring Page 12427
479 F.2d 920 156 U.S.App.D.C. 199 McCoyv.Herring 72-1861 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/31/73 1 D.C.D.C.…
Nemec v. Rogers Page 12428
479 F.2d 920 156 U.S.App.D.C. 199 Nemecv.Rogers 72-1654 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/20/73 1 D.C.D.C.…
479 F.2d 920 156 U.S.App.D.C. 199 International Telephone and Telegraph Corporationv.Seamans 72-1500 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/20/73 1 D.C.D.C.…
Kahn v. United States Page 12430
479 F.2d 920 156 U.S.App.D.C. 199 Kahnv.U.…
Anthony v. Childers Page 12431
479 F.2d 920 156 U.S.App.D.C. 199 Anthonyv.Childers 72-1549 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/8/73 1 D.C.D.C.…
Gass v. Gass Page 12432
479 F.2d 920 156 U.S.App.D.C. 199 Gassv.Gass 72-1943 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/8/73 1 D.C.D.C.…
United States v. Gambrill Page 12433
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Gambrill 72-1410 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/8/73 1 D.C.D.C.…
United States v. Butler Page 12435
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Butler 72-2039 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/23/73 1 D.C.D.C.…
United States v. Cianciotti Page 12436
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Cianciotti 72-2133 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/20/73 1 D.C.D.C.…
United States v. Brown Page 12437
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Brown 72-1464 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/24/73 1 D.C.D.C.…
United States v. Harris Page 12438
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Harris 71-1481 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/21/73 1 D.C.D.C.…
United States v. Brent Page 12439
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Brent 72-2056, 72-2185 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/15/73 1 D.C.D.C.…
United States v. Marby Page 12440
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Marby 73-1318 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/2/73 1 D.C.D.C.…
United States v. Ferebee Page 12441
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Ferebee 72-1536 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/22/73 1 D.C.D.C.…
United States v. Fletcher Page 12442
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Fletcher 73-1153 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/4/73 1 D.C.D.C.…
United States v. Montgomery Page 12443
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Montgomery 71-1152 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/19/73 1 D.C.D.C.…
United States v. Hunter Page 12444
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Hunter 72-1409 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/8/73 1 D.C.D.C.…
United States v. Cecil Page 12446
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Cecil 72-1232 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/23/73 1 D.C.D.C.…
United States v. Lucas Page 12447
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Lucas 72-1935 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/20/73 1 D.C.D.C.…
United States v. Kernan Page 12448
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Kernan 72-2200 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/29/73 1 D.C.D.C.…
United States v. Green Page 12449
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Green 72-1723 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/4/73 1 D.C.D.C.…
United States v. Harrington Page 12450
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Harrington 73-1005 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/22/73 1 D.C.D.C.…
United States v. Dodd Page 12451
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Dodd 72-1003 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/14/73 1 D.C.D.C.…
United States v. Mays Page 12452
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Mays 71-2054, 72-1002 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/29/73 1 D.C.D.C.…
United States v. Day Page 12453
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Day 72-1991 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/7/73 1 D.C.D.C.…
United States v. Bettis Page 12454
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Bettis 72-2117 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/8/73 1 D.C.D.C.…
United States v. Ashton Page 12457
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Ashton 72-1993 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/15/73 1 D.C.D.C.…
United States v. Hart Page 12458
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Hart 72-1840 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/7/73 1 D.C.D.C.…
United States v. King Page 12460
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.King 71-1706, 72-1728 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/2/73 1 D.C.D.C.…
United States v. Holland Page 12461
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Holland 72-1888 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/20/73 1 D.C.D.C.…
United States v. Hantman Page 12462
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Hantman 73-1256 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/29/73 1 D.C.D.C.…
United States v. Houston Page 12463
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Houston 72-1931 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/15/73 1 D.C.D.C.…
United States v. Hunt Page 12464
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Hunt 72-1336 UNITED STATES COURT OF APPEALS District of Columbia Circuit 5/2/73 1 D.C.D.C.…
United States v. Costa Page 12465
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Costa 72-1979 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/19/73 D.C.D.C., 356 F.Supp. 606 AFFIRMED
United States v. Joyner Page 12466
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Joyner 72-1607 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/12/73 1 D.C.D.C.…
United States v. Johnson Page 12467
479 F.2d 921 156 U.S.App.D.C. 200 U. S.v.Johnson 72-2120 UNITED STATES COURT OF APPEALS District of Columbia Circuit 6/15/73 1 D.C.D.C.…
People and organizations on PlainSite with a photograph on file, alphabetically.
A
| Adams, Eric Leroy |
Adelson, Sheldon G. |
Ahuja, Deepak P. |
Altman, Samuel Harris |
| Andreessen, Marc L. |
Armstrong, Lance Edward |
Assange, Julian |
Azar, II, Alex Michael |
B
C
D
| De Blasio, Bill |
Denholm, Robyn M. |
Depp, II, John Christopher |
Dershowitz, Alan M. |
| DeSantis, Ronald D. |
Desmond-Hellmann, Susan |
DeVos, Elisabeth |
Dimon, Jamie |
| Doerr, L. John |
Dorsey, Jack |
Duncan, Arne |
E
| Ebbers, Bernard J. |
Ehrenpreis, Ira Matthew |
Eisner, Michael D. |
Ellison, Lawrence J. |
| Epstein, Jeffrey E. |
F
| Faust, Drew Gilpin |
Flynn, Michael Thomas |
G
H
| Harris, Kamala Devi |
Hastings, W. Reed |
Hawley, Joshua D. |
Hayden, Michael V. |
| Hegseth, Peter Brian |
Hennessy John L |
Holder, Jr., Eric H. |
Holmes, Elizabeth A. |
| Huang, Jen-hsun |
Hughes, Christopher Ray |
I
| Icahn, Carl C. |
J
| Jackson, Michael Joseph |
Jackson, Sr., Jesse L. |
Jobs, Steven P. |
Jurvetson, Stephen T. |
K
| Kemp, Brian P. |
Kennedy, Robert F., Jr. |
Koch, David |
Koum, Jan |
| Kushner, Jared C. |
L
| Lay, Kenneth L |
Lemon, Don |
Leopold, Jason |
Lutnick, Howard W. |
| Lyons, Todd M. |
M
N
| Nadella, Satya |
Navarro, Peter K. |
Neumann, Adam |
Newsom, Gavin |
| Nielsen, Kirstjen |
Noem, Kristi |
Nunes, Devin G. |
O
| Obama, Barack Hussein |
Office of the New York Attorney General |
Okeke-Von Batten, Karl-Marx Edward |
P
| Page, Lawrence |
Patel, Kashyap |
Pelosi, Nancy |
Pence, Michael Richard |
| Petit, Parker H. |
Pichai, Sundar |
Pompeo, Michael Richard |
Powell, Sidney |
| Prince, Erik D. |
Putin, Vladimir Vladimirovich |
Q
| Qazi, Omar |
R
| Rice, Condoleezza |
Rive, Lyndon Robert |
Romney, Willard Mitt |
Rosenstein, Rod J. |
| Ross, Wilbur L. Jr. |
Rubio, Marco |
Rumsfeld, Donald H. |
S
T
| Taylor, Bret Steven |
Teller, Samuel |
Thiel, Peter |
Tillerson, Rex W. |
| Tinubu, Bola Ahmed |
Trump, Donald J. |
Trump, Donald J. Jr. |
Trump, Eric |
| Trump, Ivanka |
Trump, Melania |
U
| Ullyot, Theodore Warren |
V
| Vance, Jr., Cyrus R. |
W
| Warren, Elizabeth |
Whitman, Margaret C. |
Y
| Yellen, Janet |
Z
| Zhao, Changpeng |
Zilis, Shivon |
Zuckerberg, Mark Elliot |
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