Category: Second Circuit Court of Appeals Opinions

UNITED STATES of America ex rel. Rogelio Nieves NEGRON, Petitioner-Appellee, v. The STATE OF NEW YORK, Respondent-Appellant. No. 112, Docket 34885.United States Court of Appeals, Second Circuit.Argued October 15, 1970. Decided October 15, 1970. Page 387 Hillel Hoffman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., State of N.Y., and Samuel A. Hirshowitz, First Asst. […]

INTERPHARM, INC., Plaintiff-Appellant, v. WELLS FARGO BANK, NATIONAL ASSOCIATION, Defendant-Appellee. Docket No. 10-1801-cv.United States Court of Appeals, Second Circuit.Argued: March 2, 2011. Decided: August 26, 2011. Appeal from the United States District Court for the Southern District of New York, Richard J. Holwell, J. Page 137 Michael Dockterman, Wildman, Harrold, Allen Dixon LLP, Chicago, IL […]

L. Clyde DWIGHT, Lila E. House Dwight, and Dora H. Schoeneck, Executor of the Estate of Laura E. House, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 221, Docket 28497.United States Court of Appeals, Second Circuit.Argued January 13, 1964. Decided March 9, 1964. Bond, Schoeneck King, Syracuse, N.Y., George C. Shattuck, Syracuse, N.Y., of counsel, […]

Phillipos MARKAKIS, Libelant-Appellee, v. THE S.S. MPARMPA CHRISTOS, her engines, tackles, furniture, etc.; Seguridad Compania Naviera, S.A.; et al., Respondents, and Isaac Salem, Lienor-Appellant. No. 249, Docket 25288.United States Court of Appeals, Second Circuit.Argued April 10, 1959. Decided June 5, 1959. Harold D. Safir, New York City (Lebovici Safir, New York City, on the brief), […]

LAUREN HARRIS, PLAINTIFF-APPELLANT, v. UNITED STATES LIABILITY INSURANCE COMPANY, DEFENDANT-APPELLEE. No. 31, Docket 84-7339.United States Court of Appeals, Second Circuit.Argued September 5, 1984. Decided October 12, 1984. Ira M. Myers, New York City (Weg Myers, P.C., New York City, of counsel), for defendant-appellee. Anthony P. Colavita, Lynbrook, N.Y. (L’Abbate Balkan, Lynbrook, N.Y., Gerard D. DeSantis, […]

UNITED STATES of America, Appellant, v. UTICA, CHENANGO SUSQUEHANNA VALLEY RAILWAY COMPANY, et al., Appellees. No. 241.Circuit Court of Appeals, Second Circuit. May 7, 1943. Appeal by the plaintiff from an order of the District Court for the Southern District of New York, denying a motion to enjoin the defendant, The Delaware, Lackawanna and Western […]

UNITED STATES of America, Appellee, v. Juan BARILLAS, Defendant-Appellant. No. 396, Docket 26811.United States Court of Appeals, Second Circuit.Submitted May 24, 1961. Decided June 28, 1961. Juan Barillas, defendant-appellant, pro se. Robert M. Morgenthau, U.S. Atty., S.D.N.Y., and Jonathan L. Rosner, Asst. U.S. Atty., New York City, for appellee. Before CLARK and WATERMAN, Circuit Judges, […]

The LESS CARLOAD LOTS COMPANY and L.C.L. Corporation, Appellants, v. The PENNSYLVANIA RAILROAD COMPANY, Appellee. No. 243.Circuit Court of Appeals, Second Circuit. January 17, 1936. Appeal from the District Court of the United States for the Southern District of New York. Lord, Day Lord and Parker McCollester, all of New York City, and Edwin S. […]

In re: Leonard L. RIENDEAU, Debtor, Leonard L. Riendeau, Debtor-Appellant, v. John R. Canney (Chapter 7 Trustee), Trustee-Appellee. Docket No. 02-5066.United States Court of Appeals, Second Circuit.Submitted: June 27, 2003. Decided: July 9, 2003. Appeal from the judgment of the United States District Court for the District of Vermont (William K. Sessions, III, Chief Judge) […]

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. ESTATE of Gilliat G. SCHROEDER, Deceased, Louisa R. Schroeder and Helen S. Croll, Executors, Respondents. No. 9, Docket 20870.United States Court of Appeals, Second Circuit. March 9, 1949. On Petition for Review of the decision of the Tax Court of the United States. Theron Lamar Caudle, Asst. Atty. Gen., […]

UNITED STATES v. CAPITOL MEATS, Inc., et al. No. 164, Docket 20858.Circuit Court of Appeals, Second Circuit. March 1, 1948. Writ of Certiorari Denied May 3, 1948. See 68 S.Ct. 1018. Page 538 Appeal from the District Court of the United States for the Eastern District of New York. Capitol Meats, Inc., Mark Slotkin, also […]

THE GILDERSLEEVE NO. 339. THE KATHRYN R. HICKEY. THE CLINTON. No. 143.Circuit Court of Appeals, Second Circuit. January 29, 1934. Page 846 Appeal from the District Court of the United States for the Eastern District of New York. In Admiralty. Libel by the Gildersleeve Shipbuilding Company, owner of the scow Gildersleeve No. 339, in rem, […]

THOMAS DODSON, PLAINTIFF-APPELLANT, v. MARVIN RUNYON, POSTMASTER GENERAL FOR THE U.S. POSTAL SERVICE, DEFENDANT-APPELLEE. No. 293; Docket No. 95-6035.United States Court of Appeals, Second Circuit.Argued October 3, 1995. Decided June 12, 1996. Page 38 ANTONIO MARENO, Yorktown Heights, NY, Attorney for Plaintiff-Appellant. JAMES L. COTT, Assistant United States Attorney, New York, NY, (Mary Jo White, […]

FEDERAL TRADE COMMISSION v. STANDARD EDUCATION SOC. et al. Circuit Court of Appeals, Second Circuit. June 13, 1938. Proceeding by the Federal Trade Commission against the Standard Education Society and others for enforcement of an order of the commission to cease and desist from certain unfair methods of competition. The decree of the Circuit Court […]

George A. SPRINGSTEAD, as Owner of the Barge THE MARJORIE S, Libelant-Appellee, v. TICE TOWING LINE, Inc., Respondent-Appellant. No. 354.Circuit Court of Appeals, Second Circuit. May 3, 1937. Appeal from the District Court of the United States for the Southern District of New York. Lynch, Hagen Atkins, of New York City (Charles W. Hagen and […]

UNITED STATES OF AMERICA, APPELLEE, v. DAVID WINLEY, APPELLANT. No. 1354, Docket 80-1081.United States Court of Appeals, Second Circuit.Submitted July 23, 1980. Decided January 15, 1981. Jerald Rosenthal, Brooklyn, N.Y., for appellant. John S. Martin, Jr., U.S. Atty., S. D. New York, New York City (Morris Weinberg, Jr., and Gregory L. Diskant, Asst. U.S. Attys., […]

Billy YUNG and Yung Yau, Plaintiffs-Appellants-Cross-Appellees, v. Andrew LEE, Defendant-Appellee, BDO International and BDO Binder, Defendants-Cross-Defendants-Appellees-Cross-Appellants, BDO Seidman, LLP, Defendant-Cross-Defendant-Appellee, Page 143 Integrated Transportation Network Group, Inc. and Wu Zhi Jian, Defendants. Docket No. 04-3130 CV(L), 04-3320 CV(XAP).United States Court of Appeals, Second Circuit.Argued: June 9, 2005. Decided: December 13, 2005. Appeal from the United […]

WEISS et al. v. R. HOE CO., Inc., et al. No. 121.Circuit Court of Appeals, Second Circuit. February 19, 1940. Appeal from the District Court of the United States for the Southern District of New York. Two suits, consolidated for trial, by Adolph Weiss and another against R. Hoe Co., Inc., and another for infringement […]

Maurice A. KRISEL, Plaintiff-Appellant, v. Rafael DURAN, Sam Van Hining and Phillips Petroleum Company, Defendants, and Economic Development Administration of Puerto Rico, Defendant-Appellee. No. 131, Docket 30980.United States Court of Appeals, Second Circuit.Argued October 23, 1967. Decided December 6, 1967. Page 180 Michael H. Cardozo, IV, Washington, D.C., and Roman Beck, New York City, (Cardozo […]

UNITED STATES of America, Appellee, v. SCHUPPER MOTOR LINES, INC., and Sidney S. Schupper, Defendants-Appellants. No. 201, Docket 25283.United States Court of Appeals, Second Circuit.Argued December 9, 1958. Decided January 28, 1959. Page 860 Harold Harper, of Harper Matthews, New York City (Ben A. Matthews, of Harper Matthews, and Samuel Newfield, New York City, on […]

Donald J. O’MARA III, Patrick L. O’Mara Sr., and Absolute Property Management, Inc., Plaintiffs-Counter-Defendants-Appellees, v. TOWN OF WAPPINGER, Defendant-Counter-Claimant-Appellant. Docket Nos. 06-0078-cv (L), 06-1323-cv (CON).United States Court of Appeals, Second Circuit.Argued: January 22, 2007. Decided: April 16, 2007. Page 694 Gary Stein (Frank Lasalle, Dacia Cocariu, Schulte Roth Zabel LLP and Emanuel F. Saris, Vergilis, […]

UNITED STATES ex rel. Maxim CIZURA, Relator-Appellant, v. Benjamin M. DAY, as Commissioner, etc., Respondent-Appellee. No. 270.Circuit Court of Appeals, Second Circuit. February 17, 1931. Appeal from the District Court of the United States for the Southern District of New York. Herman Berkowitz, of New York City, for appellant. Before L. HAND, SWAN, and AUGUSTUS […]

JOSEPH DEL VECCHIO, PETITIONER-APPELLANT, v. UNITED STATES OF AMERICA, RESPONDENT-APPELLEE. No. 805, Docket 76-2165.United States Court of Appeals, Second Circuit.Argued March 15, 1977. Decided May 24, 1977. Page 107 Roy M. Cohn, New York City (Saxe, Bacon Bolan, P. C.; Michael Rosen, Ronald F. Poepplein, New York City, of counsel), for petitioner-appellant. Thomas M. Fortuin, […]

UNITED STATES OF AMERICA, APPELLEE, v. RICARDO VILLEGAS, CARLOS GOMEZ-SANCHEZ, CESAR GARCIA-MARIN, PEDRO JARAMAILLO, JAIME CORTEZ, JOHANA TORREZ, JOHN BERRIO, MELITON VALBUENA, HAROLD GOMEZ, MARTIN BOLIVAR, HERIBERTO TORREZ, DEFENDANTS-APPELLANTS. Nos. 477, 571, 478, 500, 479, 480, 484, 481 to 483 and 508, Dockets 89-1089, 89-1090 and 89-1092 to 89-1100.United States Court of Appeals, Second Circuit.Argued […]

Mark GARRAWAY, Petitioner-Appellant, v. William PHILLIPS, Superintendent of Green Haven Correctional Facility and Robert Johnson, Jr., District Attorney of Bronx County, Respondents-Appellees. Docket No. 07-2302-pr.United States Court of Appeals, Second Circuit.Argued: April 7, 2009. Decided: January 7, 2010. Appeal from the United States District Court for the Southern District of New York, Jed S. Rakoff, […]

UNITED STATES OF AMERICA, APPELLEE, v. HARRY N. CARTER, DEFENDANT-APPELLANT. No. 44, Docket 92-1089.United States Court of Appeals, Second Circuit.Argued September 16, 1992. Decided December 10, 1992. Page 646 Herbert G. Ogden, Jr., Harlow Liccardi Crawford, P.C., Rutland, VT, for defendant-appellant. William B. Darrow, Asst. u.S. Atty., D. of VT, Burlington, VT (Charles A. Caruso, […]

GENERAL RIBBON MILLS, Inc., v. HIGGINS, Collector of Internal Revenue. No. 35.Circuit Court of Appeals, Second Circuit. November 12, 1940. Page 473 Appeal from the District Court of the United States for the Southern District of New York. Action by General Ribbon Mills, Inc., against Joseph T. Higgins, Collector of Internal Revenue, Third District, New […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. NISKAYUNA CONSUMERS COOPERATIVE, Inc., Respondent. No. 234, Docket 30602.United States Court of Appeals, Second Circuit.Argued December 6, 1966. Decided December 29, 1966. Marcus W. Sisk, Atty. N.L.R.B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, H.M. Levy, Atty., Washington, D.C., on the […]

THOMAS JAMES ASSOCIATES, INC.; BARBARA S. MILLER; MICHELLE K. REICHERT; DAVE KLEBER; MICHAEL G. GOMEZ; AND JAMES A. VILLA, PLAINTIFFS-APPELLANTS, v. HARRY JAMESON, DEFENDANT-APPELLEE. No. 193, Docket No. 96-7004.United States Court of Appeals, Second Circuit.Argued: September 27, 1996. Decided: December 12, 1996. Page 61 Peter H. Abdella, Harter, Secrest Emery, Rochester, N Y (Robert L. […]

NEW YORK TELEPHONE COMPANY, PETITIONER, NEW YORK STATE PUBLIC SERVICE COMMISSION AND ROCHESTER TELEPHONE CORPORATION, INTERVENORS, v. FEDERAL COMMUNICATIONS COMMISSION AND THE UNITED STATES OF AMERICA, RESPONDENTS, AERONAUTICAL RADIO, INC., GENERAL ELECTRIC COMPANY, NEW YORK STATE COUNCIL OF RETAIL MERCHANTS, UNITED STATES TRANSMISSION SYSTEMS, INC., ITT-DOMESTIC TRANSMISSION SYSTEMS, INC., SOUTHERN PACIFIC COMMUNICATIONS COMPANY, INTERVENORS. No. […]

M. LOWENSTEIN SONS, Inc., v. BRITISH-AMERICAN MFG. CO. et al. No. 281.Circuit Court of Appeals, Second Circuit. April 6, 1925. Appeal from the District Court of the United States for the District of Connecticut. Mortgage foreclosure suit by M. Lowenstein Sons, Inc., against the British-American Manufacturing Company and others. Decree for defendants (300 F. 853), […]

UNITED STATES of America, Appellant, v. Jesus Manuel GUZMAN, Defendant-Appellee. United States of America, Appellant, v. David Hall, Defendant-Appellee. Docket Nos. 08-5561-cr, 08-6004-cr.United States Court of Appeals, Second Circuit.Argued: September 14, 2009. Decided: January 7, 2010. Amended: January 8, 2010. Appeal from the United States District Court for the Northern District of New York, David […]

LSB INDUSTRIES, INC., SUMMIT MACHINE TOOL MFG. CORP., AND HERCULES ENERGY MFG. CORP., PLAINTIFFS-APPELLEES, v. PRUDENTIAL LINES, INC., DEFENDANT-APPELLANT. No. 512, Docket 83-7627.United States Court of Appeals, Second Circuit.Argued January 16, 1984. Decided May 23, 1984. Page 11 David Simon, New York City (Barrett, Smith, Schapiro, Simon Armstrong, and Dave S. Hattem, New York City, […]

BERNHARD FRED MANKO, PETITIONER-APPELLANT, v. UNITED STATES OF AMERICA, RESPONDENT-APPELLEE. Docket No. 95-2555. No. 950 —United States Court of Appeals, Second Circuit.August Term 1995. Argued January 18, 1996. Decided June 24, 1996. Page 51 PETER FLEMING, JR., Curtis, Mallet-Prevost, Colt Mosle, New York, New York (T. Barry Kingham, Herbert Stoller, Sean T. Haran, of counsel), […]

UNITED STATES v. 71.41 OUNCES GOLD FILLED SCRAP et al. Claim of BARABAN et al. No. 132.Circuit Court of Appeals, Second Circuit. January 10, 1938. Appeal from the District Court of the United States for the Southern District of New York. Libel filed by the United States of America against 71.41 Ounces Gold Filled Scrap; […]

RALPH BENNO HABERSTROH, PETITIONER-APPELLANT, v. SUPERINTENDENT MONTANYE, ATTICA CORRECTIONAL FACILITY, RESPONDENT-APPELLEE. No. 672, Docket 73-2353.United States Court of Appeals, Second Circuit.Argued January 21, 1974. Decided March 14, 1974. Page 484 Steven M. Hochberg, New York City (Michael Jaffe, New York City, on the brief), for petitioner-appellant. Burton Herman, Asst. Atty. Gen. of the State of […]

CHARLES OF THE RITZ DISTRIBUTORS CORPORATION v. FEDERAL TRADE COMMISSION. No. 133.Circuit Court of Appeals, Second Circuit. July 6, 1944. Page 677 Petition to Review and Set Aside an Order of the Federal Trade Commission. Petition by Charles of the Ritz Distributors Corporation to review and set aside an order of the Federal Trade Commission […]

LA GUERRA v. BRASILEIRO. No. 130.Circuit Court of Appeals, Second Circuit. January 8, 1942. Page 554 Appeal from the District Court of the United States for the Eastern District of New York. Action by Lazzaro LaGuerra against Lloyd Brasileiro for damages for personal injuries allegedly caused by defendant’s negligence. From a judgment dismissing the complaint […]

BLACK EAGLE FUEL OIL CORPORATION, Libelant-Appellant, v. Steamer PEQUONNOCK, Her Engines, etc., New England Steamship Company, Claimant-Appellee. NEW ENGLAND STEAMSHIP COMPANY, Cross-Libelant-Appellee, v. Motor Vessel CAPTAIN MATT, Her Engines, etc., Black Eagle Fuel Oil Corporation, Cross-Claimant-Appellant. No. 115.Circuit Court of Appeals, Second Circuit. December 19, 1932. Appeal from the District Court of the United States […]

ÆTNA CASUALTY SURETY CO. v. CATSKILL NAT. BANK TRUST CO. No. 250.Circuit Court of Appeals, Second Circuit. March 13, 1939. Appeal from the District Court of the United States for the Southern District of New York. Action by the Aetna Casualty Surety Company against the Catskill National Bank Trust Company, for alleged participation in breach […]

E.J. BROOKS COMPANY, Plaintiff-Appellant, v. STOFFEL SEALS CORPORATION, Defendant-Appellee. No. 82, Docket 25191.United States Court of Appeals, Second Circuit.Argued December 11, 1958. Decided May 4, 1959. Henry R. Ashton, New York City (Robert Henderson, William K. Kerr, and Francis J. Sullivan, New York City, on the brief), for plaintiff-appellant. A. Yates Dowell, Jr., Washington, D.C. […]

NATIONAL SURETY CO. v. MASSACHUSETTS BONDING INS. CO. No. 216.Circuit Court of Appeals, Second Circuit. May 2, 1927. Page 449 In Error to the District Court of the United States for the Southern District of New York. Action by the National Surety Company against the Massachusetts Bonding Insurance Company. Judgment for plaintiff, and both parties […]

NORTH GERMAN LLOYD v. ELTING. No. 326.Circuit Court of Appeals, Second Circuit. April 6, 1931. Page 548 Appeal from the District Court of the United States for the Southern District of New York. Action by North German Lloyd against Philip Elting, Collector of Customs, Port of New York, to recover money collected from plaintiff as […]

ROSS v. INSURANCE CO. OF NORTH AMERICA. No. 72, Docket 22133.United States Court of Appeals, Second Circuit.Argued November 5, 1951. Decided January 4, 1952. This is a suit brought by plaintiff as assignee of Lamar Wilson to whom the defendant insurance company issued a “binder” of risk insurance against all risks of loss or damage […]

REPOUILLE v. UNITED STATES. No. 92, Docket 20777.Circuit Court of Appeals, Second Circuit. December 5, 1947. Appeal from the District Court of the United States for the Eastern District of New York. Naturalization proceeding by Louis Loftus Repouille against the United States From an order of the District Court for the Eastern District of New […]

In re FRANKEL. Petition of MUNTER. No. 183.Circuit Court of Appeals, Second Circuit. April 24, 1925. Petition to Revise Order of the District Court of the United States for the Eastern District of New York. In the matter of Harry Frankel, bankrupt. Petition by Charles E. Munter to revise an order of discharge in bankruptcy. […]

UNITED STATES of America, Appellee, v. Isaac FREDIA and Charlotte Scott, Appellants. No. 373, Docket 28101.United States Court of Appeals, Second Circuit.Argued May 29, 1963. Decided June 25, 1963. Page 854 Stone Diller, New York City (Joseph I. Stone, New York City, of counsel) for appellants. Robert M. Morgenthau, U.S. Atty., Southern District of New […]

Irvin A. EDELMAN, individually and as agent for a corporation to be organized, Lillian Sack and Joshua Edelman, Plaintiffs-Appellants, v. FEDERAL HOUSING ADMINISTRATION by its Commissioner, Defendant-Appellee. No. 410, Docket 30646.United States Court of Appeals, Second Circuit.Argued May 17, 1967. Decided September 7, 1967. Page 595 Joshua Edelman, New York City, for plaintiffs-appellants. Jerome C. […]

NAVIGAZIONE GENERALE ITALIANA v. ELTING, Collector of Customs of Port of New York. Nos. 236, 370.Circuit Court of Appeals, Second Circuit. April 8, 1935. Appeal from the District Court of the United States for the Southern District of New York. Action by the Navigazione Generale Italiana against Philip Elting, Collector of Customs of the Port […]

RUMSEY v. COMMISSIONER OF INTERNAL REVENUE. No. 239.Circuit Court of Appeals, Second Circuit. March 2, 1936. Appeal from the Board of Tax Appeals. Petition by David Rumsey to review an order of the Board of Tax Appeals sustaining a deficiency determined by the Commissioner of Internal Revenue in income taxes for 1930. Affirmed. Lauson H. […]

UNITED STATES ex rel. Akeivi BOSKENIS, Appellant, v. Benjamin M. DAY, Commissioner of Immigration at the Port of New York, Appellee. No. 313.Circuit Court of Appeals, Second Circuit. May 5, 1930. Appeal from the District Court of the United States for the Southern District of New York. Harold Van Riper, of New York City, for […]

UNITED STATES of America, Plaintiff-Appellee, v. ALLIED STEVEDORING CORPORATION, John Ward, John Potter, and Michael Bowers, Defendants-Appellants. Docket 24119.United States Court of Appeals, Second Circuit.Motion Submitted July 23, 1956. Decided August 1, 1956. Arthur M. Laufer (of Manes, Sturim, Donovan Laufer), New York City, for defendants-appellants. Martin Carmichael, Jr., Sp. Asst. to Atty. Gen., New […]

Harjinder SINGH, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent. No. 05-5181-AG.United States Court of Appeals, Second Circuit.Argued: September 21, 2006. Decided: November 8, 2006. Appeal from the review of the affirmance, by the Board of Immigration Appeals (BIA). Page 136 Nancy E. Martin, Law Office of Anthony D. Collins, P.C., Hartford, CT, for Petitioner. […]

BARBARA M. MOSS, PLAINTIFF, PETER D. MOSS, PLAINTIFF-APPELLANT, v. STINNES CORPORATION; MICHAEL MOBEIUS, PRESIDENT; DR. HANS-JUERGEN KNAUER, CHAIRMAN, DEFENDANTS-APPELLEES. No. 97-9450.United States Court of Appeals, Second Circuit.Argued: January 29, 1999. Decided: March 8, 1999. Appeal from an order of the United States District Court for the Southern District of New York (Keenan, J.), denying plaintiff-appellant […]

UNITED STATES OF AMERICA, APPELLANT, v. VIRGINIA ADLER, DEFENDANT, RICHARD J. ADLER, DEFENDANT-APPELLEE. 985, Docket 94-1436.United States Court of Appeals, Second Circuit.Argued March 2, 1995. Decided April 6, 1995. Loretta C. Argrett, Asst. Atty. Gen., Washington, DC (Robert E. Lindsay, Alan Hechtkopf, Scott A. Schumacher, Attys., Tax Div., Dept. of Justice, Washington, DC, and Mary […]

In re Maria AGUINDA and Gabriel Ashanga Jota, Petitioners, Maria Aguinda, Gabriel Ashanga Jota, Paula Nerida Ashanga Casteno, Chirstian Ashanga Caseno, Judith Reutegui Casteno, Manuel Antonio Canelos, Page 195 individually and as guardian for his children, Alimpio Coquinche Noteno, Arsenio Condo, Juan Marcos Coqinche Mercier, Ronald Conqinche Noteno, individually and as guardian for Tarcila Coquiniche […]

LORRAINE GRACE, Individually and as Executrix of the Estate of OLIVER R. GRACE, GERALD I. WHITE, As Executor of the Estate of MORGAN H. GRACE, and GERALD I. WHITE, Trustee of the John E. GRACE TRUST, individually, and as stockholders of BRIGGS LEASING CORPORATION, suing on behalf of themselves and for the benefit of said […]

UNITED STATES OF AMERICA, APPELLEE, v. MARTHA MARINO, DEFENDANT-APPELLANT. No. 1567, Docket 93-1862.United States Court of Appeals, Second Circuit.Argued June 21, 1994. Decided July 8, 1994. David S. Zapp, Leonia, NJ; (Gerard E. Lynch, New York City, on the brief), for defendant-appellant. Lisa M. Fleischman, Asst. U.S. Atty., Brooklyn, NY; (Zachary W. Carter, U.S. Atty., […]

Heriberto OLIVERAS, Plaintiff-Appellant, v. AMERICAN EXPORT ISBRANDTSEN LINES, INC., Defendant-Appellee. No. 204, Docket 33401.United States Court of Appeals, Second Circuit.Argued November 3, 1969. Decided September 10, 1970. Martin Levine, Joseph Freidberg, New York City, for appellant. Daniel Flynn, New York City, for appellee. Before WATERMAN, FRIENDLY and SMITH, Circuit Judges. WATERMAN, Circuit Judge: In this […]

UNITED STATES OF AMERICA, APPELLEE, v. MICHAEL D’AURIA, DEFENDANT-APPELLANT. No. 561, Docket 81-1266.United States Court of Appeals, Second Circuit.Argued January 20, 1982. Decided March 2, 1982. Page 1086 Harvey Stone, New York City (Schlam, Stone Caro, New York City, of counsel), for defendant-appellant. Vivian Shevitz, Asst. U.S. Atty., Brooklyn, N.Y. (Edward R. Korman, U.S. Atty., […]

JOSEPH FRANZA, PLAINTIFF-APPELLANT, CROSS-APPELLEE, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 671 AND THOMAS ROBIDOUX, DEFENDANTS-APPELLEES, CROSS-APPELLANTS. No. 193, Docket 88-7258.United States Court of Appeals, Second Circuit.Argued October 21, 1988. Decided February 14, 1989. Paul Alan Levy, Washington, D.C. (Alan B. Morrison, Arthur L. Fox, II, Public Citizen Litigation Group, Washington, D.C.; Leon Rosenblatt, West Hartford, […]

SYLVIA RODRIGUEZ, individually and on behalf of her minor child, LES ANDREW KELLY, Plaintiffs-Appellees, v. MARJORIE McLOUGHLIN, individually and as Executive Director of Cardinal McCloskey Children’s and Family Services, BARBARA McMURRAY, individually and as Foster Boarding Home Director of Cardinal McCloskey Children’s and Family Services, CARDINAL McCLOSKEY CHILDREN’S AND FAMILY SERVICES, Defendants-Cross-Claimants-Appellants, NEW YORK CITY […]

TBK PARTNERS, LTD., ET AL., PLAINTIFFS-APPELLEES, v. WESTERN UNION CORPORATION, ET AL., DEFENDANTS-APPELLEES. FRANCES D. SPIER, ET AL., OBJECTORS-APPELLANTS. No. 375, Docket 81-7523.United States Court of Appeals, Second Circuit.Argued November 19, 1981. Decided March 18, 1982. Page 457 Edward J. Walsh, Jr., New York City (Morris Shilensky, Russell Ann Nobles, Edward F. Campbell, Jr., and […]

Yanqin WENG, Petitioner, v. Eric H. HOLDER Jr.,[*] Respondent. Docket No. 06-4791-ag.United States Court of Appeals, Second Circuit.Argued: October 29, 2008. Decided: April 14, 2009. [*] Pursuant to Federal Rule of Appellate Procedure 43(c)(2), we have substituted current United States Attorney General Eric H. Holder Jr. for former United States Attorney General Alberto Gonzales as […]

UNITED STATES OF AMERICA, APPELLEE, v. EARL WILLIAMS, DEFENDANT-APPELLANT. No. 858, Docket 78-1037.United States Court of Appeals, Second Circuit.Argued May 2, 1978. Decided June 12, 1978. Page 189 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 190 Michael A. Corriero, New York […]

MT. VERNON TRUST CO. v. COMMISSIONER OF INTERNAL REVENUE. No. 203.Circuit Court of Appeals, Second Circuit.Argued February 14, 1935. Decided March 11, 1935. Page 939 Appeal from Board of Tax Appeals. Petition by the Mount Vernon Trust Company to review a decision of the Board of Tax Appeals sustaining the action of the Commissioner of […]

UNITED STATES of America, Appellant, v. Warren HAWKINS, also known as Paul, also known as Hawk, Defendant-Appellee, Alex Luna, Nicky Carrasquilla, also known as Nicky Gomez, Jose R. Adames, also known as Ponpa, also known as Pon, also known as Pong, Nelson Rosa, also known as Pee Wee, Bobby Medina, also known as Mr. B., […]

CIBA-GEIGY CORPORATION, a corporation of the State of New York, Petitioner, v. Elliott L. RICHARDSON, Secretary of Health, Education Welfare and Dr. Charles C. Edwards, Commissioner of Food and Drugs, Respondents. No. 934, Docket 35614.United States Court of Appeals, Second Circuit.Argued June 28, 1971. Decided July 16, 1971. Clyde A. Szuch, Newark, N.J. (Pitney, Hardin […]

UNITED STATES OF AMERICA, APPELLEE, v. JOHN ROBERT RAGOSTA, DEFENDANT-APPELLANT. No. 417, Docket 91-1385.United States Court of Appeals, Second Circuit.Argued November 19, 1991. Decided July 23, 1992. Page 1086 Peter F. Langrock, Middlebury, Vt. (Mitchell L. Pearl, Langrock Sperry Wool, Middlebury, Vt., of counsel), for defendant-appellant. John-Claude Charbonneau, Asst. U.S. Atty., Rutland, Vt. (George J. […]

UNITED STATES of America, Appellee, v. Charles T. BENNETT, Wilbert Haywood, Elmer Jessup, Henry Stanton and Farris Thomas, Defendants-Appellants. Nos. 214-216, Dockets 32327, 32328, 32336.United States Court of Appeals, Second Circuit. September 9, 1969. Certiorari Denied October 13, 1969. See 90 S.Ct. 113, 117. Page 1114 Robert M. Morgenthau, U.S. Atty. (William J. Gilbreth and […]

FRED TRAGUTH AND OTTO HANDTKE, INDIVIDUALLY AND DOING BUSINESS AS DANCE MOTION PRESS, PLAINTIFFS-APPELLEES, v. D’LELA ZUCK, DEFENDANT-APPELLANT. No. 15, Dockets 82-7148, 82-7850.United States Court of Appeals, Second Circuit.Argued March 18, 1983. Decided June 17, 1983. Page 91 D’Lela Zuck, pro se. Henry O. Leichter, New York City (Susan M. Erda, Erda Leichter, New York […]

Robert ALLEN and Helen Allen, Appellants, v. Ronald S. COHEN, Trustee in Bankruptcy of Melvin F. Cady, Appellee. No. 10, Docket 27455.United States Court of Appeals, Second Circuit.Argued October 1, 1962. Decided November 14, 1962. Page 313 George E. Burns, Buffalo, N.Y., for appellants Robert Allen and Helen Allen. Sanford Silverberg, Buffalo, N.Y., for Ronald […]

BLEAKLEY TRANSPORTATION CO., Inc., as owner of THE scow HARVARD, Libellant-Appellant, v. COLONIAL SAND STONE CO., Inc., Respondent-Appellee, and THE Oil Tanker S.D. MADDOCK, Impleaded. No. 345, Docket 24360.United States Court of Appeals, Second Circuit.Argued May 10, 1957. Decided June 7, 1957. Page 577 Purdy, Lamb, Catoggio, New York City (Edmund F. Lamb, New York […]

BAUER v. WATKINS, Director. No. 64, Docket 21093.United States Court of Appeals, Second Circuit. December 2, 1948. Page 493 Appeal from United States District Court for the Southern District of New York. Habeas corpus proceeding by Frederick E. Bauer against W.F. Watkins, director, to release the relator from custody under an order of deportation as […]

NEWFIELD v. OOSTERHUIS. In re A. STIEGLITZ CO., Inc. No. 290.Circuit Court of Appeals, Second Circuit. August 10, 1943. Page 438 Appeal from the District Court of the United States for the Southern District of New York. Action by Samuel Newfield, as trustee in bankruptcy of A. Stieglitz Company, Inc., against William Oosterhuis, as receiver […]

EXCELSIOR LABORATORY, Inc. v. FEDERAL TRADE COMMISSION. No. 76, Docket 21059.United States Court of Appeals, Second Circuit. December 20, 1948. Page 485 Appeal from Federal Trade Commission Petition by Excelsior Laboratory, Inc., petitioner, to review an order of the Federal Trade Commission, respondent, ordering petitioner to cease and desist from disseminating by means of the […]

SCOTT A. TABER, PLAINTIFF-APPELLANT, v. ROBERT S. MAINE, DEFENDANT, AND UNITED STATES OF AMERICA, DEFENDANT-APPELLEE. No. 264, Docket No. 94-6079.United States Court of Appeals, Second Circuit.Argued: September 21, 1994. Decided: January 5, 1995. Amended: October 5, 1995. Page 1030 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

Luther Ira WEBSTER and Edna H. Webster, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. No. 207, Docket 30699.United States Court of Appeals, Second Circuit.Argued January 10, 1967. Decided January 10, 1967. Appeal from judgment of United States District Court for the Western District of New York. Herman J. Walz, Lamb, Webster, Walz, Telesca Donovan, Rochester, […]

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL UNION NO. 747, APPELLANT/CROSS-APPELLEE, v. STONE WEBSTER ENGINEERING CORPORATION, AND WALSH CONSTRUCTION COMPANY, A DIVISION OF GUY F. ATKINSON CO., APPELLEES, AND WALSH CONSTRUCTION COMPANY, A DIVISION OF GUY F. ATKINSON COMPANY, APPELLEE/CROSS-APPELLANT. Nos. 346, 411, Dockets 86-7604, 86-7650.United States Court of Appeals, Second Circuit.Argued November […]

NEW YORK CURRENCY RESEARCH CORPORATION, PETITIONER, v. COMMODITY FUTURES TRADING COMMISSION, RESPONDENT. No. 98-4159.United States Court of Appeals, Second Circuit.Argued: December 3, 1998. Decided: June 15, 1999. Petitioner New York Currency Research Corporation appeals from a final opinion and order of the Commodity Futures Trading Commission filed March 31, 1998 upon reconsideration of its earlier […]