Category: Second Circuit Court of Appeals Opinions

ERIC DAHLBERG, PLAINTIFF-APPELLANT, v. CARL F. BECKER; GOVERN, McDOWELL BECKER; ELLEN M. DAHLBERG; AND HARVEY E. STODDARD, JR., DEFENDANTS, CARL F. BECKER; GOVERN, McDOWELL BECKER; AND ELLEN M. DAHLBERG, DEFENDANTS-APPELLEES. No. 1374, Docket 84-7219.United States Court of Appeals, Second Circuit.Argued June 20, 1984. Decided November 9, 1984. Page 86 Herbert Jordan, Roxbury, N.Y. (Randlett Walster, […]

OTTO POLLNOW, WILLIAM POLLNOW AND GERALDINE POLLNOW, PLAINTIFFS-APPELLANTS, v. JOHN E. GLENNON, DAVID M. PARK, PHYLLIS MURRAY, JOHN PARISI, JAMES ASHTON, JOAN BENDER, ROBERT BRENKER, GARY MOODY, LINDA ZINSMEYER, OWEN HILL, ADELAIDE ADAMS, BOARD OF EDUCATION, MILLBROOK CENTRAL SCHOOL DISTRICT, MILLBROOK, N.Y. 12545, DEFENDANTS-APPELLEES. No. 719, Docket 84-7859.United States Court of Appeals, Second Circuit.Argued February […]

IN RE CAROLYN ROBINSON, DEBTOR. CAROLYN ROBINSON, PLAINTIFF-APPELLANT, v. AUSTIN J. McGUIGAN, CHIEF STATE’S ATTORNEY, DIVISION OF CRIMINAL JUSTICE, JUDICIAL DEPARTMENT; DIRECTOR, OFFICE OF ADULT PROBATION; COMMISSIONER, DEPARTMENT OF INCOME MAINTENANCE; AND COMMISSIONER, DEPARTMENT OF ADMINISTRATIVE SERVICES, BUREAU OF COLLECTION SERVICES, DEFENDANTS-APPELLEES. No. 1002, Docket 84-5077.United States Court of Appeals, Second Circuit.Argued April 11, 1985. […]

UNITED STATES of America, Appellee, v. Rocco DELARMI, Appellant. No. 462.Circuit Court of Appeals, Second Circuit. May 29, 1933. Appeal from the District Court of the United States for the Southern District of New York. M. Michael Edelstein, of New York City, for appellant. George Z. Medalie, U.S. Atty., of New York City (George S. […]

In re POLAND UNION. No. 436.Circuit Court of Appeals, Second Circuit. June 3, 1935. Appeal from the District Court of the United States for the Northern District of New York. In the matter of Poland Union, debtor. A petition was filed under section 77B of the Bankruptcy Act, 11 USCA § 207, for reorganization of […]

UNITED STATES v. REBHUHN et al. No. 210.Circuit Court of Appeals, Second Circuit. February 13, 1940. Page 513 Appeals from the District Court of the United States for the Southern District of New York. Ben Rebhuhn, Ann Rebhuhn, and Ben Raeburn were convicted under Criminal Code, § 211, 18 U.S.C.A. § 334, for sending obscene […]

NEW YORK URBAN LEAGUE, INC., STRAPHANGERS CAMPAIGN, ANDREA MAPP, DEBORAH CARRINGTON, AND JUAN B. GONZALEZ, PLAINTIFFS-APPELLEES, v. THE STATE OF NEW YORK, GEORGE E. PATAKI, AS GOVERNOR OF THE STATE OF NEW YORK, JOSEPH L. BRUNO, AS TEMPORARY PRESIDENT OF THE NEW YORK STATE SENATE, AND SHELDON SILVER, AS SPEAKER OF THE NEW YORK STATE […]

LASZLO ADAM, DENNIS W. BRUSH, MICHAEL J. CONNELLY, JACK WEINSTEIN, MARCEL FOURNIER, WILLIAM S. KINGSON, PLAINTIFFS-APPELLEES, v. ELI S. JACOBS, DEFENDANT-APPELLANT. No. 212, Docket 91-7466.United States Court of Appeals, Second Circuit.Argued September 25, 1991. Decided November 22, 1991. Page 90 Gerson A. Zweifach, Washington, D.C. (Brendan V. Sullivan, Jr., Dennis M. Black, Williams Connolly, Washington, […]

UNITED STATES of America, ex rel. Daniel VENTURA, Relator-Appellant, v. Edward J. SHAUGHNESSY, District Director of Immigration and Naturalization, his subordinates and agents, Respondents-Appellees. No. 105, Docket 23206.United States Court of Appeals, Second Circuit.Argued January 6, 1955. Decided January 31, 1955. Caputi Caputi, New York City, for appellant; Robert R. Caputi, Brooklyn, N.Y., and Sebastian […]

HMI MECHANICAL SYSTEMS, INC., Compensation Programs, Inc. and The CPI Open Shop Plan, by its Administrator, Everett P. Strong, Plaintiffs-Appellants, v. James J. McGOWAN, Commissioner, New York State Department of Labor, New York State Department of Labor, Dale Stanley, Supervisor, Bureau of Public Works, New York State Department of Labor and Eliot Spitzer, Attorney General […]

James R. WEAVER, Plaintiff-Appellant, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellee. No. 107, Docket 24116.United States Court of Appeals, Second Circuit.Argued January 9, 1957. Decided January 22, 1957. Appeal from the United States District Court for the Southern District of New York; William B. Herlands, Judge. James R. Weaver appeals from a summary judgment for The […]

GUARANTY TRUST CO. OF NEW YORK et al. v. COMMISSIONER OF INTERNAL REVENUE. No. 311.Circuit Court of Appeals, Second Circuit. July 5, 1938. Page 63 Appeal from the Board of Tax Appeals. Petition by the Guaranty Trust Company of New York and J. Whitney Peterson, executors of the last will and testament of Jonathan Peterson, […]

William McKETHAN, Petitioner-Appellant, v. Dominic MANTELLO, Respondent-Appellee. Docket No. 05-0731-pr.United States Court of Appeals, Second Circuit.Argued: February 21, 2008. Decided: April 9, 2008. Appeal from the United States District Court for the Eastern District of New York, Jack B. Weinstein, Senior District Judge. Page 235 Donna R. Newman, New York, N.Y., for Petitioner-Appellant. Emil Bricker, […]

J. CHR. G. HUPFEL CO., Inc., Plaintiff-Appellant, v. Charles W. ANDERSON, as United States Collector of Internal Revenue for the Third District of New York, Defendant-Appellee. No. 141.Circuit Court of Appeals, Second Circuit. February 15, 1932. Appeal from the District Court of the United States for the Southern District of New York. For opinion below, […]

UNITED STATES OF AMERICA, APPELLANT, v. $31,990 IN UNITED STATES CURRENCY, APPELLEE. No. 664, Docket 92-6187.United States Court of Appeals, Second Circuit.Argued December 22, 1992. Decided January 8, 1993. Page 852 William C. Pericak, Asst. U.S. Atty., Albany, N Y (Gary L. Sharpe, U.S. Atty., on the brief), for appellant. Elliot H. Fuld, New York […]

THE HEALTH CARE PLAN, INC., PLAINTIFF-APPELLANT, v. AETNA LIFE INSURANCE COMPANY, DEFENDANT-APPELLEE. No. 1113, Docket 91-9234.United States Court of Appeals, Second Circuit.Argued March 13, 1992. Decided June 10, 1992. James L. Magavern, Buffalo, N.Y. (Cheryl Smith Fisher, Robin J. Chapman, Magavern Magavern, of counsel), for plaintiff-appellant. Michael Wolford, Rochester, N.Y. (Richard S. Crummins, Nixon, Hargrave, […]

IN THE MATTER OF THE ARBITRATION OF CERTAIN CONTROVERSIES BETWEEN I.B.E.W. SYSTEM COUNCIL U-7 AND KEVIN GRAHAM, PLAINTIFFS-APPELLEES, v. NEW YORK STATE ELECTRIC GAS CORPORATION, Defendant-Appellant. No. 98-9176United States Court of Appeals, Second Circuit.Argued: April 13, 1999 Decided: May 24, 1999 Appeal from a judgment of the United States District Court for the Southern District […]

U.S. ex rel. Frank WOJCULEWICZ, Relator-Appellant, v. Mark S. RICHMOND, Warden of the Connecticut State Prison, Respondent-Appellee. No. 173, Docket 25349.United States Court of Appeals, Second Circuit.Argued January 13, 1959. Decided February 5, 1959. Certiorari Denied April 20, 1959. See 79 S.Ct. 892. Frederick J. Rundbaken, Hartford, Conn., for relator-appellant. Albert S. Bill, State’s Atty., […]

LISA CALKA, PLAINTIFF-APPELLANT, v. KUCKER KRAUS BRUH, HIGH RETURN PROPERTIES, S.A., HIGH RETURN PROPERTIES, S.A., INC., FRED BEGUIN AND RENATA BEGUIN, DEFENDANTS-APPELLEES. No. 98-9177United States Court of Appeals, Second Circuit.Argued February 2, 1999. Decided February 11, 1999. Appeal from United States District Court for the Southern District of New York, Robert W. Sweet, J. Edward […]

JOHN R. D’ALESSIO and D’ALESSIO SECURITIES, INC., Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent. No. 03-4883.United States Court of Appeals, Second Circuit.Argued: March 18, 2004. Decided: August 16, 2004. Petition, pursuant to 15 U.S.C. § 78y(a)(1) and 5 U.S.C. § 702, for review of an opinion and order of the Securities and Exchange Commission sustaining […]

Augustine BETANCOURT, individually and on behalf of all persons similarly situated, Plaintiff-Appellant, Lambert Watson, Plaintiff, v. Michael R. BLOOMBERG, in his official capacity as Mayor of the City of New York, Raymond W. Kelly, in his official capacity as Police Commissioner Page 548 of the City of New York,[*] and the City of New York, […]

RANDOLPH CARRION, Plaintiff-Appellant, v. ENTERPRISE ASSOCIATION, METAL TRADES BRANCH LOCAL UNION 638, ONESOURCE FACILITY SERVICES, INC., formerly known as International Service System, Inc., Defendants-Appellees, METROPOLITAN LIFE INSURANCE COMPANY, ANTHONY HALL, PETER WINSTON, and STUYVESANT TOWN, Defendants. No. 99-7433.United States Court of Appeals, Second Circuit.Argued November 19, 1999. Decided September 14, 2000. Appeal from a judgment […]

UNITED STATES v. GREEN. No. 288, Docket 21394.United States Court of Appeals, Second Circuit.Argued July 1, 1949. Decided July 14, 1949. Writ of Certiorari Denied October 17, 1949. See 70 S.Ct. 91. Appeal from the District Court for the Southern District of New York. Prosecution of Gilbert Green on an indictment charging a conspiracy to […]

Tahir Mohammad MAHMOOD, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.[1] Docket No. 07-5656-ag.United States Court of Appeals, Second Circuit.Argued: November 24, 2008. Decided: April 1, 2009. Amended: June 25, 2009. [1] Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr. has been substituted for former Attorney General Michael […]

COMMISSIONER OF INTERNAL REVENUE v. PLANT. No. 247.Circuit Court of Appeals, Second Circuit. March 4, 1935. Appeal from the Board of Tax Appeals. Petition by the Commissioner of Internal Revenue to review an order of the Board of Tax Appeals that the taxpayer, Henry Bradley Plant, had made overpayments in his income taxes of $15,001.40 […]

TOWN OF RYE, NEW YORK, TOWN OF NORTH CASTLE, NEW YORK, CITY OF RYE, NEW YORK, TOWN/VILLAGE OF HARRISON, NEW YORK, TOWN OF NEW CASTLE, NEW YORK, TOWN OF MT. PLEASANT, NEW YORK, TOWN OF GREENWICH, CONNECTICUT, AIR CONSERVATION TRUST, INC., AIRPORT CONCERN TEAM, INC., AND WESTCHESTER COALITION TO LIMIT AIRPORT EXPANSION, INC., PETITIONERS, v. […]

ORANGE COUNTY WATER DISTRICT, Petitioner, v. UNOCAL CORPORATION, formerly known as Costal Oil New York, Inc., formerly known as Union Oil Company Of California, Conocophillips Company, Chevron U.S.A., Inc., individually doing business as Chevron Products Company, doing business as Chevron Chemical Company, Chevrontexaco Corporation, Texaco Refining and Marketing, Inc., now known as TMR Company, Equilon […]

Panagiotis KOTSOPOULOS, Plaintiff-Appellant-Appellee, v. ASTURIA SHIPPING CO., S.A., Hadjilias Co., Ltd., and S/T MERCURY, her engines, etc., Defendants-Appellees-Appellants. Stavros REPOUSKOS, Plaintiff-Appellee, v. ASTURIA SHIPPING CO., S.A., Hadjilias Co., Ltd., and S/T Mercury, her engines, etc., Defendants-Appellants. Nos. 598-600, Dockets 33063, 33064, 33066.United States Court of Appeals, Second Circuit.Argued May 20, 1969. Decided May 22, 1969. […]

UNITED STATES OF AMERICA, APPELLEE, v. ALAN HEYMAN, DEFENDANT-APPELLANT. No. 1377, Docket 86-1129.United States Court of Appeals, Second Circuit.Submitted June 5, 1986. Decided June 27, 1986. Page 789 Richard Rosenberg, New York City, for defendant-appellant. Linda Imes, Asst. U.S. Atty. (Rudolph Giuliani, U.S. Atty. for S.D.N.Y., and Bruce Green, Asst. U.S. Atty., of counsel), for […]

DUFERCO INTERNATIONAL STEEL TRADING, Petitioner-Appellant, v. T. KLAVENESS SHIPPING A/S, Respondent-Appellee. Docket No. 02-7238.United States Court of Appeals, Second Circuit.Argued November 1, 2002. Decided June 24, 2003. Appeal from the United States District Court for the Southern District of New York, Laura Taylor Swain, J. Page 384 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

THE CONNECTICUT FUND FOR THE ENVIRONMENT, INC., PETITIONERS, AND CITY OF MIDDLETOWN, CONNECTICUT, INTERVENOR, v. ENVIRONMENTAL PROTECTION AGENCY, ANNE M. GORSUCH, ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY, RESPONDENTS, AND STATE OF CONNECTICUT, INTERVENOR. No. 6, Docket 81-4202.United States Court of Appeals, Second Circuit.Argued September 15, 1982. Decided December 1, 1982. Page 180 E. Donald Elliott, Associate Professor […]

In the Matter of Joseph MANISOF, Bankrupt, Appellant and New York Life Insurance Company, Appellee. No. 144.Circuit Court of Appeals, Second Circuit. March 20, 1939. Appeal from the District Court of the United States for the Southern District of New York. Henry M.R. Goodman, of New York City (Charles S. Port and Edward Brucker, both […]

ASOMA CORPORATION, Plaintiff-Appellant, v. SK SHIPPING CO., LTD., Defendant-Cross-Claimant-Appellee, Columbia Shipmanagement Ltd. and Pelagos Shipping, Ltd., Defendants-Cross-Claimants-Appellees, M/V Faros, her Engines, Boilers, Tackle, Etc., Defendant. No. 05-5308-cv.United States Court of Appeals, Second Circuit.Argued: March 22, 2006. Decided: October 24, 2006. Appeal from the United States District Court for the Southern District of New York, Laura […]

COFFEY v. NICHOLSON TRANSIT CO. No. 115.Circuit Court of Appeals, Second Circuit. November 23, 1943. Appeal from the District Court of the United States for the Western District of New York. Action by Michael Coffey against Nicholson Transit Company to recover for personal injuries. From a judgment for plaintiff on a verdict of the jury, […]

COMMISSIONER OF INTERNAL REVENUE v. HALL’S ESTATE et al. No. 113.Circuit Court of Appeals, Second Circuit. January 17, 1946. Page 173 Petition for Review of a Decision of the Tax Court of the United States. Proceedings on the petition of the Commissioner of Internal Revenue to review a decision of the Tax Court redetermining the […]

Thomas DALLIO, Petitioner-Appellant, v. Eliot L. SPITZER, New York State Attorney General, Michael McGinnis, Superintendent, Southport Correctional Facility, Respondents-Appellees. Docket No. 01-2718.United States Court of Appeals, Second Circuit.Argued: January 21, 2003. Decided: September 9, 2003. Appeal from the United States District Court for the Eastern District of New York, Frederick Block, J. Page 554 William […]

SIEGEL v. MUNICIPAL CAPITAL CORPORATION et al. No. 193.Circuit Court of Appeals, Second Circuit. April 3, 1939. Appeal from the District Court of the United States for the Eastern District of New York. Suit by Isadore Siegel, as trustee in bankruptcy of Lion Varnish Works, Inc., debtor, against Municipal Capital Corporation and Murray Fisch and […]

IN RE GRAND JURY SUBPOENA SERVED UPON SIMON HOROWITZ. No. 943, Docket 73-1570.United States Court of Appeals, Second Circuit.Argued May 1, 1973. Decided June 8, 1973. Certiorari Denied October 9, 1973. Page 73 Martin D. Minsker, Washington, D.C. (Herbert J. Miller, Jr., Miller, Cassidy, Larrocca Lewin, Washington, D.C., and Michael A. Lacher, New York City, […]

UNITED STATES of America, Plaintiff-Appellee, v. Richard Secor CORLISS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Fred August HEISE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Walter HEROLD, Defendant-Appellant. Nos. 151-153, Dockets 25706-25708.United States Court of Appeals, Second Circuit.Argued December 1, 1959. Decided July 22, 1960. Page 809 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

BANKING TRADING CORPORATION, Limited, also known as Perseroan Bank dan Perniagaan, Plaintiff-Appellant, v. Franklin G. FLOETE, as Administrator of General Services, Defendant-Respondent (Appellee). No. 95, Docket 24700.United States Court of Appeals, Second Circuit.Argued January 7, 1958. Decided July 9, 1958. Page 766 Delson, Levin Gordon, New York City (Robert Delson, Murray C. Bernays, Lewis M. […]

UNITED STATES OF AMERICA, APPELLEE, v. CARLOS MATEO VARGAS, A/K/A “HECTOR RIVERA-VARGAS” AND LUIS A. DULUC-DEL ROSARIO, DEFENDANTS-APPELLANTS. Nos. 303, 431, Dockets 90-1125, 90-1161.United States Court of Appeals, Second Circuit.Argued November 14, 1990. Decided December 3, 1990. Page 168 Jorge De J. Guttlein (Aranda Guttlein, of counsel), Kimberley Slade, Brooklyn Law School student, on brief, […]

UNITED STATES v. SOLOMON. No. 204.Circuit Court of Appeals, Second Circuit. May 21, 1934. Proceeding by the United States of America against Louis Solomon, alias Louis King. Judgment for plaintiff, and defendant appeals. On defendant’s motion for leave to proceed on appeal in forma pauperis. Motion denied. Before MANTON, SWAN, and CHASE, Circuit Judges. PER […]

ROSENBLUM v. DINGFELDER et al. No. 279.Circuit Court of Appeals, Second Circuit. April 15, 1940. Page 407 Appeal from the District Court of the United States for the Southern District of New York. Action by Joseph Rosenblum against Carl I. Dingfelder and others for an accounting or for money fraudulently withheld by the defendants. From […]

UNITED STATES OF AMERICA, APPELLEE, v. ELIAS GIAGOUDAKIS AND RUTH GIAGOUDAKIS, APPELLANTS. Nos. 68, 69, Dockets 88-1144, 88-1145.United States Court of Appeals, Second Circuit.Argued August 30, 1988. Decided September 1, 1988. Gerald J. McMahon, New York City (Stephen C. Cooper, of counsel), for defendants-appellants. Tanya Hill, Brooklyn, N.Y., Asst. U.S. Atty., E.D.N.Y. (Andrew J. Maloney, […]

UNITED STATES v. ROSENFELD et al. No. 316.Circuit Court of Appeals, Second Circuit. March 7, 1932. Reargument Denied April 1, 1932. Appeal from the District Court of the United States for the Southern District of New York. Page 75 Samuel Rosenfeld and others were convicted of using the mails in a scheme to defraud, and […]

UNITED STATES of America, Appellant-Cross-Appellee, v. Gregory FERGUSON, aka “Black Greggo,” Defendant-Appellee-Cross-Appellant. Docket Nos. 99-1262(L), 99-1302, 99-1322, 99-1324(XAP) and 99-1398.United States Court of Appeals, Second Circuit.Argued: June 5, 2000. Decided: March 23, 2001. Appeal from the United States District Court for the Southern District of New York, Shira A. Scheindlin, J. Page 130 [EDITORS’ NOTE: […]

UNITED STATES OF AMERICA, PETITIONER, v. HONORABLE JON O. NEWMAN, RESPONDENT. No. 663, Docket 76-3077.United States Court of Appeals, Second Circuit.Argued December 28, 1976. Decided January 25, 1977. Page 241 Joseph S. Davies, Jr., Dept. of Justice, Washington, D.C. (Peter C. Dorsey, U.S. Atty., District of Connecticut, New Haven, Conn., and Jerome M. Feit, Dept. […]

UNITED STATES ex rel. Horace JONES, Petitioner, v. Mark S. RICHMOND, Warden, Connecticut State Prison, Respondent. United States Court of Appeals, Second Circuit.Submitted April 1, 1957. Decided May 15, 1957. On motion for a certificate of probable cause upon an appeal from denial of a writ of habeas corpus by the United States District Court […]

UNITED STATES of America, Appellee, v. Lawrence THOMAS and Michael Angelo Balducci, Appellants. Nos. 365, 370, Dockets 26264, 26124.United States Court of Appeals, Second Circuit.Argued June 14, 1960. Decided August 26, 1960. Page 192 Anthony F. Marra, New York City, for Lawrence Thomas (Theodore Krieger, on the brief). C. Joseph Hallinan, Jr., New York City, […]

THE CITY OF NEW YORK and RUDOLPH GIULIANI, AS MAYOR OF THE CITY OF NEW YORK, PLAINTIFFS-APPELLANTS, v. THE UNITED STATES OF AMERICA AND JANET RENO, AS ATTORNEY GENERAL OF THE UNITED STATES, DEFENDANTS-APPELLEES. No. 97-6182United States Court of Appeals, Second Circuit.Argued: June 11, 1998 Decided: May 27, 1999 Appeal from a judgment dismissing a […]

Joel Simon MEYERS, Appellant, v. UNITED STATES of America, Appellee. No. 898, Docket 71-1107.United States Court of Appeals, Second Circuit.Argued June 21, 1971. Decided July 27, 1971. Page 38 Leon Friedman, New York City (Alan H. Levine, New York Civil Liberties Union, New York City, of counsel), for appellant. David G. Trager, Asst. U.S. Atty. […]

SCHWARTZ v. HOROWITZ. No. 19.Circuit Court of Appeals, Second Circuit. November 25, 1942. Page 507 Appeal from the District Court of the United States for the Southern District of New York. Action by David M. Schwartz, bankruptcy trustee, against the Peerless Casualty Company and another wherein Michael Horowitz was brought into the suit as a […]

PHILIPPINE REFINING CORPORATION, Proctor Gamble, and American Linseed Company, Libelants-Appellees, v. UNITED STATES of America, Respondent-Appellant. No. 324.Circuit Court of Appeals, Second Circuit. May 19, 1930. Appeal from the District Court of the United States for the Southern District of New York. Charles H. Tuttle, U.S. Atty., of New York City (William E. Collins, Sp. […]

LOUISE ROMBACH, Plaintiff-Appellant, v. NESTLE USA, INC. and NESTLE HOURLY EMPLOYEE RETIREMENT PLAN, Defendants-Appellees. No. 99-7675.United States Court of Appeals, Second Circuit. August Term, 1999.Argued: January 7, 2000. Decided: April 28, 2000. Page 191 Appeal from the grant of summary judgment by the United States District Court for the Northern District of New York (Frederick […]

Adelbert LITTLEHALE and Erwin Zelanko, Appellants, v. E.I. du PONT de NEMOURS CO., Appellee. No. 456, Docket 30720.United States Court of Appeals, Second Circuit.Argued May 10, 1967. Decided May 29, 1967. Page 275 Herman Schmertz, New York City (Gair Gair, New York City, on the brief), for appellants. Harold R. Medina, Jr., New York City […]

William H. HERNSTADT, Appellant, v. Sharon S. HERNSTADT, Appellee. No. 311, Docket 30944.United States Court of Appeals, Second Circuit.Argued January 18, 1967. Decided February 15, 1967. Page 317 Henry Mark Holzer, New York City, (Phyllis Tate Holzer, New York City, on the brief), for appellant. Cherry S. Krassner, White Plains, N.Y. (Ruth C. Tachna and […]

Samuel KLAPHOLZ, Plaintiff-Appellant, v. P.A. ESPERDY, as District Director for the New York District of the Immigration and Naturalization Service, Defendant-Appellee. No. 324, Docket 27399.United States Court of Appeals, Second Circuit.Argued April 26, 1962. Decided May 18, 1962. Jackson G. Cook, New York City (Stuart Wadler, New York City, of counsel), for plaintiff-appellant. Roy Babitt, […]

JOHN BATES, JAMES BUTLER, VINCENT GONZALEZ, FLOSSIE HORSEY, HENRY ROBINSON, ANTONIO SALVA, ALAN WAYNE, JOSEPH ABRAMS, AND MALACHY LYONS, JR., INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS, v. LONG ISLAND RAILROAD COMPANY, DEFENDANT-APPELLEE. No. 1283, Docket 92-9308.United States Court of Appeals, Second Circuit.Argued April 30, 1993. Decided July 2, 1993. Page 1029 […]

MARY VELARDI AND FRANCES VELARDI, PLAINTIFFS-APPELLANTS, v. CORNELIUS R. WALSH, JR. AND ROBERT L. BOEK, DEFENDANTS-APPELLEES. No. 376, Docket 94-7212.United States Court of Appeals, Second Circuit.Argued August 31, 1994. Decided November 15, 1994. Page 570 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

JOSEPH STONE, INTERVENING PLAINTIFF-APPELLEE, v. PAUL PHILBROOK, INDIVIDUALLY AND AS COMMISSIONER OF THE VERMONT DEPARTMENT OF SOCIAL WELFARE, DEFENDANT-APPELLANT. No. 51, Docket 75-7066.United States Court of Appeals, Second Circuit.Argued October 20, 1975. Decided December 3, 1975. Page 1085 Dean B. Pineles, Asst. Atty. Gen., State of Vermont, Montpelier, Vt., for defendant-appellant. Stephen W. Kimbell, Burlington, […]

PRUDENTIAL INS. CO. OF AMERICA v. GLASGOW et al. No. 21, Docket 22735.United States Court of Appeals, Second Circuit.Argued October 14, 1953. Decided December 14, 1953. Lytle Lytle, Henry A. Lytle, Buffalo, N.Y., for appellant. Lamb, Webster Jordan, Luther Webster, Rochester, N.Y., for defendant-appellant. Page 909 Newton, Morgan Morgan, J. Newton Morgan, Rochester, N.Y., for […]

UNITED STATES of America, Appellee-Cross-Appellant, v. Joseph P. THORN, Defendant-Appellant-Cross-Appellee. Docket Nos. 03-1602(L), 03-1676(XAP).United States Court of Appeals, Second Circuit.Argued: October 19, 2004. Decided: April 27, 2006. Appeal from the United States District Court for the Northern District of New York, Frederick J. Scullin Jr., J. Page 379 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

TOWN OF FENTON, PLAINTIFF-APPELLANT, v. ELIZABETH M. DOLE, U.S. SECRETARY OF TRANSPORTATION: JOHN G. BESTGEN, REGIONAL ADMINISTRATOR, FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION; VICTOR E. TAYLOR, DIVISION ADMINISTRATOR, FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION; FRANKLIN E. WHITE, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION; DONALD N. GEOFFREY, REGIONAL ENGINEER, REGION I, […]

HARRY HOFFMAN PRINTING, INC., HOLLING PRESS (WARD BURNS, INC.), POLLACK PRINTING CORP., MANHARDT-ALEXANDER, INC., THORNER-SIDNEY PRESS, INC., KENWORTHY GRAPHIC SERVICES, INC., SAVAGE LITHO COMPANY, INC., CONSTITUTING THE SOLE AND EXCLUSIVE MEMBERS OF THE LITHO NEGOTIATING GROUP, PETITIONERS-APPELLEES, v. GRAPHIC COMMUNICATIONS INTERNATIONAL UNION, LOCAL 261 (FORMERLY GRAPHIC ARTS INTERNATIONAL UNION, LOCAL 261), RESPONDENT-APPELLANT. No. 1877, Docket […]

Moussa DIALLO, Petitioner, v. IMMIGRATION NATURALIZATION SERVICE, Respondent. Docket No. 98-4131.United States Court of Appeals, Second Circuit.Argued June 6, 2000. Decided November 13, 2000. Appeal from the Court of Appeals, John M. Walker, Jr., Chief Judge. Page 280 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

MAY v. HAMBURG-AMERIKANISCHE PACKETFAHRT AKTIEN-GESELLSCHAFT. No. 97.Circuit Court of Appeals, Second Circuit. February 14, 1933. Appeal from the District Court of the United States for the Southern District of New York. Libel by Louis H. May against the Hamburg-Amerikanische Packetfahrt Aktien-Gesellschaft to recover moneys deposited by cargo owners with respondent as security for general average […]

BERNER v. EQUITABLE OFFICE BLDG. CORPORATION et al. No. 230, Docket 21278.United States Court of Appeals, Second Circuit.Argued April 13, 1949. Decided June 6, 1949. Page 219 Appeal from the United States District Court for the Southern District of New York. Proceeding in the matter of Equitable Office Building Corporation, debtor, on application of T. […]

AMBROSE COPPOTELLI, DOMINICK COPPOTELLI, AND FRANK COPPOTELLI, PLAINTIFFS-APPELLANTS, v. INSURANCE COMPANY OF NORTH AMERICA, A. I. CREDIT CORP., AMBROSE COPPOTELLI, INC., RICHMOND COUNTY SAVINGS BANK, AND COMMUNITY NATIONAL BANK, DEFENDANTS-APPELLEES. A. I. CREDIT CORP., DEFENDANT THIRD-PARTY PLAINTIFF, v. COVERAGE CONSULTANTS, INC., THIRD-PARTY DEFENDANT.[*] No. 71, Docket 80-7267.United States Court of Appeals, Second Circuit.Submitted September 5, […]

UNITED STATES of America, Appellee, v. Jaime Enrique ROMERO-PADILLA, Defendant-Appellant, Page 127 Juan Carlos Cardona, Defendant.[*] No. Docket Nos. 08-1817-cr (L), 08-3121-cr (Con).United States Court of Appeals, Second Circuit.Argued: September 1, 2009. Decided: October 7, 2009. [*] The Clerk of Court is directed to amend the official caption in this case to conform to the […]

Harold J. BYBERG, Libelant-Appellant, v. STANDARD OIL COMPANY OF NEW JERSEY, Respondent-Appellee. Guillermo H. REYES, Libelant-Appellant, v. UNITED STATES of America, Respondent-Appellee. Nos. 303, 282. Dockets 23428, 23377.United States Court of Appeals, Second Circuit.Argued May 4, 5, and May 6, 1955. Decided May 24, 1955. Nathan Baker, Hoboken, N.J. (Baker, Garber Chazen, Hoboken, N.J., of […]

FOREST HART, SCULPTOR; THOMAS RAY, D/B/A HARTFORMS; RESEARCH MANNIKINS; JOSEPH M. KISH, F/K/A ROCKY MOUNTAIN FORMS; FOSTER TAXIDERMY SUPPLY; MARTIN INDUSTRIES; SCR CORPORATION D/B/A JONAS SUPPLY CO.; PRECISION MANNIKINS, INC.; JOE COOMBS CLASSICS, INC., PLAINTIFFS, ARCHIE PHILLIPS; JIM ALLRED TAXIDERMY SUPPLY; MATT THOMPSON TAXIDERMY AND SUPPLY, INC., PLAINTIFFS-APPELLANTS, v. DAN CHASE TAXIDERMY SUPPLY COMPANY, INC., […]