Category: Second Circuit Court of Appeals Opinions

In re UTILITY OIL CORPORATION. No. 290.Circuit Court of Appeals, Second Circuit. March 5, 1934. Appeal from the District Court of the United States for the Southern District of New York. Proceeding on the petition of the Utility Oil Corporation for an order directing the Petroleum Navigation Company to proceed to arbitration. From an order […]

In re William Wesley BAKER, Debtor. Mark W. Swimelar, Chapter 13 Trustee, Appellant, v. William Wesley Baker, doing business as The Stage Door, Appellee. Docket No. 09-4656-bk.United States Court of Appeals, Second Circuit.Argued: April 29, 2010. Decided: May 14, 2010. Appeal from the United States Bankruptcy Court for the Northern district of New York, Margaret […]

SUMMIT AIRLINES, INC., PLAINTIFF-APPELLEE, v. TEAMSTERS LOCAL UNION NO. 295 AND TEAMSTERS LOCAL UNION NO. 851, AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA; DOES I THROUGH XX, DEFENDANTS. AND TEAMSTERS LOCAL UNION NO. 851, AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA; DOES I THROUGH XX, […]

UNITED STATES OF AMERICA, APPELLEE, v. PETER JOHNSON, DEFENDANT-APPELLANT. No. 1548, Docket 92-1082.United States Court of Appeals, Second Circuit.Argued May 20, 1992. Decided June 25, 1992. Page 209 Lorin L. Reisner, Asst. U.S. Atty., S.D.N.Y., New York City (Otto G. Obermaier, U.S. Atty., S.D.N.Y., Michael E. Horowitz, Miguel A. Estrada, Asst. U.S. Attys., S.D.N.Y., of […]

FRIENDS OF THE EARTH ET AL., PLAINTIFFS-APPELLANTS, v. HUGH CAREY ET AL., DEFENDANTS-APPELLEES, AND RUSSELL E. TRAIN, DEFENDANT. FRIENDS OF THE EARTH ET AL., PETITIONERS, v. HONORABLE KEVIN T. DUFFY, UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW YORK, RESPONDENT. Dockets 75-7497, 76-3054.United States Court of Appeals, Second Circuit.Submitted November 1, 1976. Decided […]

KASTEL v. UNITED STATES. No. 8.Circuit Court of Appeals, Second Circuit. December 19, 1927. In Error to the District Court of the United States for the Southern District of New York. Phil Kastel was convicted for using the mails to defraud, and he brings error. Affirmed. The fraudulent scheme laid was that the defendant and […]

ORR v. FIREMAN’S FUND INS. CO. No. 132.Circuit Court of Appeals, Second Circuit. January 9, 1933. Appeal from the District Court of the United States for the Southern District of New York. Action of contract by Orton G. Orr against the Fireman’s Fund Insurance Company. From a judgment dismissing his complaint on the merits at […]

UNITED STATES of America, Appellee, v. John CIMINO and Joseph D’Ercole, Appellants. No. 360, Docket 28092.United States Court of Appeals, Second Circuit.Argued April 23, 1963. Decided July 23, 1963. James J. Hanrahan, New York City, for appellant Cimino. Sabbatino Todarelli, New York City, for appellant D’Ercole. Thomas J. Todarelli, New York City, of counsel. Robert […]

GROVE PRESS, INC., ET AL., PLAINTIFFS-APPELLEES, v. JAMES J. ANGLETON, WILLIAM E. COLBY AND RAYMOND ROCCA, DEFENDANTS-APPELLANTS. Nos. 258, 259 and 260, Dockets 80-7436, 7438 and 7446.United States Court of Appeals, Second Circuit.Argued December 10, 1980. Decided May 12, 1981. Rehearing and Rehearing In Banc Denied September 9, 1981. Stephen E. Roady, Washington, D.C. (Jon […]

ALBERTO DURAN, PETITIONER-APPELLANT, v. JANET RENO, ET AL., RESPONDENTS-APPELLEES No. 98-2715United States Court of Appeals, Second Circuit. October 25, 1999 Present: HONORABLE RALPH K. WINTER, Chief Judge, JANE A. RESTANI,[*] Judge, MICHAEL B. MUKASEY,[**] District Judge,[***] [*] The Honorable Jane A. Restani, of the United States Court of International Trade, sitting by designation. [**] The […]

THE CONNECTICUT BANK AND TRUST COMPANY, EXECUTOR OF THE ESTATE OF WARREN G. HORTON, PLAINTIFF-APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT-APPELLEE. THE CONNECTICUT BANK AND TRUST COMPANY, EXECUTOR OF THE ESTATE OF CHARLES F. MUSK, PLAINTIFF-APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT-APPELLEE. THE CONNECTICUT BANK AND TRUST COMPANY, EXECUTOR OF THE ESTATE OF MARY ANN […]

UNIVERSAL FILM EXCHANGES, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 145, Docket 29106.United States Court of Appeals, Second Circuit.Argued December 11, 1964. Decided May 19, 1965. Appeal from an order in the District Court, Southern District of New York; Richard H. Levet, Judge. Meade C. Patrick, Washington, D.C. (Gardner, Morrison Rogers, Washington, D.C., […]

APL CO. PTE LTD. and American President Lines, Ltd., Plaintiffs-Appellants, v. BLUE WATER SHIPPING U.S. INC., Defendant-Cross-Claimant-Appellee, Blue Water Shipping A/S, Defendant, Cousins D. N., Inc. Astra Group, Inc., and Akata Food Trading, Inc., Defendants-Cross-Defendants. Docket No. 08-1516-cv.United States Court of Appeals, Second Circuit.Argued: April 17, 2009. Decided: January 8, 2010. Appeal from the United […]

Douglas WARNEY, Plaintiff-Appellee, v. MONROE COUNTY, Larry Bernstein, in his individual capacity, Wendy Evans Lehman, in her individual capacity and Michael C. Green, in his individual and official capacities, Defendants-Appellants, City of Rochester, Sandra Adams, in her individual capacity, Evelyn Beaudrault, in her individual capacity, Stephen Edgett, in his individual capacity, Thomas Jones, in his […]

BARTH EQUIPMENT CO., Inc., v. PERLSTEIN. No. 262.Circuit Court of Appeals, Second Circuit. May 21, 1942. Appeal from the District Court of the United States for the Eastern District of New York. Proceeding by the Barth Equipment Company, Incorporated, against Joseph Perlstein, trustee, involving the claim filed by Barth Equipment Company, Incorporated, in a bankruptcy […]

REGALS REALTY CO. v. COMMISSIONER OF INTERNAL REVENUE. No. 163.Circuit Court of Appeals, Second Circuit.Argued April 9, 1942. Decided May 8, 1942. Page 932 Appeal from a decision of the Board of Tax Appeals. Petition by the Regals Realty Company, opposed by the Commissioner of Internal Revenue, to review a decision of the Board of […]

EGGHEAD.COM, INC., Plaintiff-Appellant, v. BROOKHAVEN CAPITAL MANAGEMENT CO., Ltd., Focused Capital Partners, L.P., Watershed Partners, L.P., Cadence Fund, L.P., Brookhaven Capital Management, LLC, Piton Partners, L.P., Skye Investment Advisors, Inc., Skye Investments, Inc., Vincent Carrino, Daniel Coleman, Paul McEntire, and Robert Lishman, Defendant-Appellees. Docket No. 02-7550.United States Court of Appeals, Second Circuit.Argued: February 10, 2003. […]

BLEAKLEY TRANSPORTATION CO., Inc., Owner of the Barge Bleakley No. 36, Libelant Appellant, v. Steam Tug H.D. MOULD; Cornell Steamboat Co., Claimant Appellee. No. 81.Circuit Court of Appeals, Second Circuit. December 17, 1928. Appeal from the District Court of the United States for the Southern District of New York. Opinion below delivered orally. William F. […]

In re McCRORY STORES CORPORATION et al.[*] COOPER v. IRVING TRUST CO. et al. No. 456.Circuit Court of Appeals, Second Circuit. July 12, 1937. [*] Writ of certiorari denied 58 S.Ct. 46, 82 L.Ed. ___. Appeal from the District Court of the United States for the Southern District of New York. Proceedings under section 77B […]

JENNIFER BALDWIN COOK, MELISSA EHLERS, CHRISTINE PRICE, THAYER JAQUES, JULIE WOLFF, PLAINTIFFS-APPELLEES, v. COLGATE UNIVERSITY, DEFENDANT-APPELLANT. No. 1041, Docket 92-9175.United States Court of Appeals, Second Circuit.Argued February 26, 1993. Decided April 27, 1993. George A. Davidson, New York City (Carla A. Kerr, Hughes Hubbard Reed, of counsel), for defendant-appellant. Faith A. Seidenberg, Syracuse N Y […]

SUTHERLAND, Alien Property Custodian, v. AMERICAN EQUITABLE ASSUR. CO. OF NEW YORK. Circuit Court of Appeals, Second Circuit. July 28, 1930. Appeal from the District Court of the United States for the Southern District of New York. Suit by Howard Sutherland, Alien Property Custodian of the United States, against the American Equitable Assurance Company of […]

Anna GUALANDI and Claudia Travers, Plaintiffs-Appellants, v. Gloria ADAMS, J.J. Newman Co., Inc., John Newman, also known as Jack Newman, U.S.I. Administrators, U.S.I. Insurance Corp., Donald Hanft, Bruce Lavalle, Cornelius Mahoney, Bruce Meirowitz, Shoreham-Wading River Teachers Association and Jeffrey Wasserman, Defendants-Cross-Claimants-Cross-Defendants-Appellees. No. 02-7809.United States Court of Appeals, Second Circuit.Argued May 5, 2004. Decided October 1, […]

ROCHESTER GAS ELECTRIC CORPORATION v. McGOWAN, and three other cases. Nos. 80, 43, 78, 79.Circuit Court of Appeals, Second Circuit. December 2, 1940. Page 954 Appeals from the District Court of the United States for the Western District of New York. Actions at law to recover taxes unlawfully collected by the Rochester Gas Electric Corporation, […]

CONTINENTAL CASUALTY COMPANY, PLAINTIFF-APPELLANT, v. COASTAL SAVINGS BANK; GARY COCKRELL; SUSAN COCKRELL; CONNECTICUT SAVINGS BANK; CONNECTICUT VALLEY BANK; ELECTRIC BOAT COMMUNITY FEDERAL CREDIT UNION; FARMERS MECHANICS BANK; JOSEPH GRIFFITH; LINDA HATCH; SECURITY PACIFIC NATIONAL BANK; SECURITY PACIFIC NATIONAL TRUST COMPANY; THOMAS JEFFERSON LIMITED PARTNERSHIP; GALLUP HILL ASSOCIATES; GREENTREE ASSOCIATES; CONNECTICUT NATIONAL BANK; JEROME ZRENDA, PARTNER […]

August DAHL, Plaintiff-Appellee, v. DESLAURIERS COLUMN MOULD COMPANY, Defendant-Appellant. No. 108.Circuit Court of Appeals, Second Circuit. December 19, 1932. Appeal from the District Court of the United States for the Southern District of New York. Kellogg Chance, of New York City (Alvin C. Cass, of New York City, of counsel; Chas. Snow Kellogg and Jacques […]

PORT CHESTER ELECTRICAL CONSTRUCTION CORP., PLAINTIFF-APPELLEE, v. HBE CORPORATION AND THE FIREMAN’S FUND INSURANCE COMPANY, DEFENDANTS-APPELLANTS. No. 1111, Docket 91-9113.United States Court of Appeals, Second Circuit.Argued April 15, 1992. Decided November 5, 1992. Page 821 Ira M. Schulman, New York City (Lawrence E. Leykam, Ross Cohen, New York City, of counsel), for plaintiff-appellee. J. Scott […]

UNITED STATES of America ex rel. William DAVIS, Petitioner-Appellee, v. Hon. Daniel McMANN, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellant. No. 159, Docket 30493.United States Court of Appeals, Second Circuit.Argued September 23, 1966. Decided October 26, 1967. Certiorari Denied March 4, 1968. See 88 S.Ct. 1045. Page 612 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. MARCUS HOOPER, DEFENDANT-APPELLANT. No. 355, Docket 92-1720.United States Court of Appeals, Second Circuit.Argued September 24, 1993. Decided November 17, 1993. Thomas S. Duszkiewicz, Asst. U.S. Atty., Buffalo, NY, Patrick H. NeMoyer, U.S. Atty., W.D. New York, for plaintiff-appellee. David A. Lewis, New York City (The Legal Aid Soc. Federal […]

Martin C. ANSORGE, as Receiver, etc., Plaintiff-Appellant, v. WESTCHESTER COUNTY, Defendant-Appellee. No. 290.Circuit Court of Appeals, Second Circuit. March 11, 1936. Appeal from the District Court of the United States for the Southern District of New York. Compton, Dillon Clark, of New York City (Murray L. Halpern and Frank J. Dillon, both of New York […]

ASSOCIATION OF FLIGHT ATTENDANTS, AFL-CIO, PLAINTIFF-APPELLEE, v. UNITED AIRLINES, INC., DEFENDANT-APPELLANT. No. 2213, Docket 92-7758.United States Court of Appeals, Second Circuit.Argued August 11, 1992. Decided September 29, 1992. Page 103 Robert A. Siegel, New York City (Tom A. Jerman, Jeffrey I. Kohn, O’Melveny Myers, of counsel), for defendant-appellant. Peter Herman, New York City (Stephen B. […]

UNITED STATES of America, Plaintiff-Appellee, v. CITY OF NEW HAVEN et al., Defendants-Appellants. No. 1096, Dockets 71-1669, MR 4801.United States Court of Appeals, Second Circuit.Argued August 12, 1971. Decided August 31, 1971. David J. Anderson, Walter H. Fleischer, Harland F. Leathers, Attys., Dept. of Justice, Washington, D.C., Stewart H. Jones, U.S. Atty., L. Patrick Gray, […]

LIANT RECORD, INC., William I. Alpert and Paula G. Alpert, Abraham Alpert and Sarah Alpert, Jack L. Alpert, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. Nos. 169, 392-394, Dockets 27192-27195.United States Court of Appeals, Second Circuit.Argued February 6, 1962. Decided May 21, 1962. Bernard J. Long, Washington, D.C. (Richard P. Milloy, Dow, Lohnes Albertson, Washington, […]

Standard Transportation Company, Libelant Appellant, v. Steamship RENSSELAER, Her Engines, etc.; Middleton S. Borland, as Receiver, etc., Claimant Appellee. No. 203.Circuit Court of Appeals, Second Circuit. March 7, 1927. Appeal from the District Court of the United States for the Southern District of New York. Macklin, Brown, Lenahan Speer, of New York City (Paul Speer, […]

ADAM SCHUMANN ASSOCIATES, Inc., v. CITY OF NEW YORK. No. 296.Circuit Court of Appeals, Second Circuit. April 7, 1930. Page 217 Appeal from the District Court of the United States for the Eastern District of New York. Suit in equity by Adam Schumann Associates, Inc., plaintiff, against the City of New York, defendant, for an […]

UNITED STATES of America, Appellee-Cross-Appellant, v. William GREER, a/k/a Thomas Williams Dodds, and Stephen Brent Hutchins, Defendants-Appellants-Cross-Appellees. Docket Nos. 99-1072(L), 99-1073(CON) and 99-1092(XAP).United States Court of Appeals, Second Circuit.Argued March 23, 2000. Decided August 14, 2000. Amended March 7, 2002. Appeal from the United States District Court for the District of Vermont, William K. Sessions, […]

In the Matter of Oscar HILL and Alexander Encherman, Individually, etc., Alleged Bankrupts, Appellants. No. 32.Circuit Court of Appeals, Second Circuit. November 1, 1926. Appeal from the District Court of the United States for the Southern District of New York. Archibald Palmer, of New York City (Max Rosenstein, of New York City, of counsel), for […]

UNITED STATES OF AMERICA, APPELLEE, v. ROBERT AULICINO, JR., DAVID CLEARY, AND LOUIS RUGGIERO, JR., DEFENDANTS-APPELLANTS. Nos. 175, 176 and 641, Dockets 93-1883, 94-1027 and 94-1214.United States Court of Appeals, Second Circuit.Argued October 12, 1994. Decided January 5, 1995. Page 1103 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

Henry WINSTON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 84, Docket 27098.United States Court of Appeals, Second Circuit.Argued November 28, 1961. Decided February 27, 1962. Rehearing En Banc Decided June 28, 1962. Page 254 John J. Abt, New York City, for plaintiff-appellant. Jerome I. Levinson, Atty., Dept. of Justice, Washington, D.C. (William H. Orrick, […]

In re GANET REALTY CORPORATION. IRVING TRUST CO. v. METROPOLITAN LIFE INS. CO. No. 111.Circuit Court of Appeals, Second Circuit. June 8, 1936. Appeal from the District Court of the United States for the Southern District of New York. In the matter of the Ganet Realty Corporation, bankrupt. From an order (9 F. Supp. 246), […]

In re HALSTEAD ENERGY CORP., et al., Debtors, Warex Terminals Inc., Mid-Valley Oil Co., Inc., Plaintiffs — Appellants, v. Halstead Energy, Halstead Quinn Propane, Inc., Defendants — Appellees. Docket No. 02-5040.United States Court of Appeals, Second Circuit.Argued: June 27, 2003. Decided: May 11, 2004. Appeal from the United States Bankruptcy Court for the Southern District […]

UNITED STATES of America, Plaintiff-Appellee, v. Frank SOYKA, Defendant-Appellant. No. 177, Docket 31583.United States Court of Appeals, Second Circuit.Argued November 16, 1967. Decided January 18, 1968. On Rehearing May 21, 1968, In Banc. Page 444 Joshua N. Koplovitz, New York City (Selig Lenefsky, New York City, on the brief), for defendant-appellant. Frederick F. Greenman, Jr., […]

GEORGE ARCE, PLAINTIFF-APPELLANT, v. HANS G. WALKER, WALTER R. KELLY, ALBERT HALL, ROBERT BATHRICK, GREGORY KADIEN, DONALD LEBARON, JOHN E. MORSE, SGT. D. RICHARDSON, DAVID ODACHOWSKI, RONALD L. BISH, D. PIRRAMI, KENNETH J. BERBARY, ROBERT REYES, BRYAN A. CLARK, DANIEL MORGAN, ROBERT DAVIS, AND DAVID BATES, DEFENDANTS-APPELLEES. No. 96-2012.United States Court of Appeals, Second Circuit.Argued […]

GAYLE McQUOID HOLLEY, INDIVIDUALLY AND ON BEHALF OF JAMES McQUOID, NORMAN McQUOID, THOMAS McQUOID, DOUGLAS McQUOID, MICHAEL McQUOID, AND ADELAINE McQUOID, HER MINOR CHILDREN, PLAINTIFF-APPELLEE-CROSS-APPELLANT, v. ABE LAVINE, AS COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES, AND JAMES REED, AS COMMISSIONER OF THE MONROE COUNTY DEPARTMENT OF SOCIAL SERVICES, DEFENDANTS-APPELLANTS-CROSS-APPELLEES. Nos. 1152-1154, […]

AUSA Life Insurance Company, Bankers United Life Assurance Company, Crown Life Insurance Company, General Services Life Insurance Company, Life Investors Insurance Company of America, Modern Woodmen of America, Monumental Life Insurance Company, The Mutual Life Insurance Company of New York, and The Prudential Insurance Company of America, Plaintiffs-Appellants, v. ERNST AND YOUNG, Defendant-Appellee. No. 98-7162.United […]

JEWEL TEA CO., Inc., v. UNITED STATES. No. 190.Circuit Court of Appeals, Second Circuit. June 7, 1937. Appeal from the District Court of the United States for the Southern District of New York. Action by the Jewel Tea Company, Inc., against the United States to recover income taxes erroneously collected. From a judgment for defendant […]

UNITED STATES of America, Appellee, v. David Henry MITCHELL, III, Defendant-Appellant. No. 239, Docket 30104.United States Court of Appeals, Second Circuit.Argued January 10, 1966. Decided January 13, 1966. Jon O. Newman, U.S. Atty. for Dist. of Connecticut, Hartford, Conn., for appellee. Fyke Farmer, Nashville, Tenn., for defendant-appellant. William K. Muir, Jr., New Haven, Conn. (Carroll […]

U.S. v. GORDON. No. 97-1505.United States Court of Appeals, Second Circuit. June 8, 1998. Appeal from the D.Conn. Decision without published opinion. Affirmed.

ROBERT WARNER, PLAINTIFF-APPELLEE, v. ORANGE COUNTY DEPARTMENT OF PROBATION, DEFENDANT-APPELLANT. Docket Nos. 95-7055, 1760.United States Court of Appeals, Second Circuit.Argued July 20, 1995. Decided September 9, 1996. As Amended May 14, 1997. Page 1069 Robert N. Isseks, Goshen, N Y (Alex Smith, Middletown, NY, of counsel), for Plaintiff-Appellee. Richard B. Golden, Orange County Attorney, Goshen, […]

UNITED STATES OF AMERICA, APPELLEE, v. JOSEPH JACKSON; KEVIN ANTHONY RICHARDSON; RYAN O. RAGLAND; ROBERT G. RAGLAND; ABDULLAH MUHAMMAD; MICHAEL ELLIOT; DARNELL GORDINO; FREDERIC MITCHELL; DANA GORDINO; TERRY KIERCE AND JAMES MOORE, DEFENDANTS, v. LOPEZ D. JONES, ALSO KNOWN AS “DONALD LOPEZ JONES”, ALSO KNOWN AS “ROCK”, ALSO KNOWN AS “L”, ALSO KNOWN AS “LOPEZ”, […]

UNITED STATES of America ex rel. Dimitrios Georges ZACHARIAS, Relator-Appellant, v. Edward J. SHAUGHNESSY, District Director of Immigration and Naturalization Service, Port of New York, Respondent-Appellee. No. 187, Docket 23413.United States Court of Appeals, Second Circuit.Argued February 9, 1955. Decided April 13, 1955. Page 579 Jay Nicholas Long, New York City, for relator-appellant. Harold J. […]

BISHOP AND BABCOCK MANUFACTURING COMPANY, Plaintiff-Appellant, v. FEDDERS-QUIGAN CORPORATION, Defendant-Appellee. No. 53, Docket 25087.United States Court of Appeals, Second Circuit.Argued November 14, 1958. Decided August 28, 1959. Page 103 Arthur H. Boettcher, Chicago, Ill. (Brown, Jackson, Boettcher Dienner and Henry H. Babcock, Chicago, Ill., Donald Malcolm, New York City, on the brief), for plaintiff-appellant. Edwin […]

IN RE ANTHONY R. MARTIN-TRIGONA, APPELLANT. ANTHONY R. MARTIN-TRIGONA, PLAINTIFF-APPELLANT, v. HAROLD LAVIEN, ET AL., DEFENDANTS-APPELLEES. ANTHONY R. MARTIN-TRIGONA, PLAINTIFF-APPELLANT, v. WILLIAM F. SMITH, ET AL., DEFENDANTS-APPELLEES. No. 962, Docket 84-7794.United States Court of Appeals, Second Circuit.Submitted April 3, 1985. Decided June 4, 1985. Appeal from the United States District Court for the District of […]

BERNSTEIN v. EMS CORPORATION et al. No. 191, Docket 21247.United States Court of Appeals, Second Circuit. May 24, 1949. Page 881 Appeal from the United States District Court for the Southern District of New York. Action by Isadore B. Bernstein against Ems Corporation, lessor of store premises, and Leopold Olian and Morris Cantor, copartners doing […]

Barbara COLEMAN, by her parent Annie Mae Coleman, et al., Appellants, v. WAGNER COLLEGE, Arthur Ole Davidson, individually and as President of Wagner College, Harold Haas, individually and as Dean of the College of Wagner College, and William E. Maher, individually and as Dean of Students of Wagner College, Appellees. No. 858, Docket 34869.United States […]

Fitzroy GERALD, Plaintiff-Appellant, v. UNITED STATES LINES COMPANY, Defendant and Third-Party Plaintiff-Appellee-Appellant, v. Jose R. VEGA, Third-Party Defendant-Appellee. No. 58, Docket 30083.United States Court of Appeals, Second Circuit.Argued October 5, 1966. Decided November 3, 1966. Max Cohen, New York City, N.Y. (Benjamin B. Sterling, New York City, on the brief), for appellant. Joseph M. Cunningham, […]

UNITED STATES of America, Appellee, v. James Dean ROOD, Defendant-Appellant. Docket No. 01-1183.United States Court of Appeals, Second Circuit.Submitted September 13, 2001. Decided February 15, 2002. Appeal from the United States District Court for the District of Vermont, J. Garvan Murtha, Chief District Judge. Page 354 Thomas A. Zonay, Ford Zonay, P.C., Woodstock, VT, for […]

Timothy D. WATSON, Petitioner-Appellee, v. Pete GEREN, Secretary of the Army, Respondent-Appellant. Docket No. 07-2563-pr.United States Court of Appeals, Second Circuit.Argued: April 22, 2009. Decided: June 25, 2009. Appeal from the United States District Court for the Eastern District of New York, Nina Gershon, J. Page 116 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

OKIN v. SECURITIES AND EXCHANGE COMMISSION. No. 19362.Circuit Court of Appeals, Second Circuit. July 14, 1944. Page 961 Petition by Samuel Okin to review alleged orders of the Securities and Exchange Commission. On petitioner’s motion for a stay of the orders and on motion by the respondent to dismiss the petition. Petitioner’s motion denied and […]

OCEAN TRANSPORT LINE, INC., PLAINTIFF-APPELLEE-CROSS-APPELLANT, v. AMERICAN PHILIPPINE FIBER INDUSTRIES, INC., DEFENDANT, AND CHEMTEX FIBERS, INC., DEFENDANT-APPELLANT-CROSS-APPELLEE. Nos. 1335, 1336, Dockets 84-7166, 84-7252.United States Court of Appeals, Second Circuit.Argued June 5, 1984. Decided August 14, 1984. Page 86 Wayne A. Cross, New York City (Reboul, MacMurray, Hewitt, Maynard Kristol, New York City, on brief), for […]

THE ROBERT STIGWOOD GROUP LIMITED ET AL., PLAINTIFFS-APPELLANTS-CROSS-APPELLEES, v. JOHN T. O’REILLY ET AL., DEFENDANTS-APPELLEES-CROSS-APPELLANTS. TRACK MUSIC, INC., ET AL., PLAINTIFFS-APPELLANTS-CROSS-APPELLEES, v. CONTEMPORARY MISSION, INC., ET AL., DEFENDANTS-APPELLEES-CROSS-APPELLANTS. Nos. 45, 46, 215, 850, Dockets 75-7076, 75-7077, 75-7090, 75-7091.United States Court of Appeals, Second Circuit.Argued October 14, 1975. Decided January 19, 1976. Page 1097 Robert C. […]

DeVer H. WARNER, as Trustee for Ira F. Warner, and for Unascertained Beneficiaries, Estate of I. DeVer Warner, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. No. 298.Circuit Court of Appeals, Second Circuit. June 4, 1928. Appeal from the United States Board of Tax Appeals. Arthur M. Marsh, of Bridgeport, Conn., for petitioner. Mabel Walker Willebrandt, […]

GUARANTY TRUST COMPANY OF NEW YORK and Mary J. Dillon, Trustees, Plaintiffs-Appellants-Appellees, v. JOHNS-MANVILLE CORPORATION, Defendant-Appellant-Appellee. No. 302.Circuit Court of Appeals, Second Circuit. April 20, 1936. Appeal from the District Court of the United States for the Southern District of New York. E. Clarkson Seward, of New York City (Arlon V. Cushman and W. Saxton […]

THE QUARRINGTON COURT. MENTE CO., Inc., v. ISTHMIAN S.S. CO. et al. Petition of COURT LINE, Ltd. No. 357.Circuit Court of Appeals, Second Circuit. July 30, 1941. Appeal from the District Court of the United States for the Southern District of New York. Libel by Mente Company, Inc., and others against the Isthmian Steamship Company […]

ANTONIO ROSARIO; JOSE JERES; ANTONIO RAMIREZ, PETITIONERS-APPELLANTS, v. UNITED STATES OF AMERICA, RESPONDENT-APPELLEE. Nos. 97-2747, 97-2848, 97-2751.United States Court of Appeals, Second Circuit.Argued September 8, 1998. Decided December 18, 1998. Appeal from the United States District Court for the Southern District of New York, Sand, J. Page 730 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

Edward KRUELSKI, Jr., Petitioner-Appellant, v. State of CONNECTICUT SUPERIOR COURT FOR THE JUDICIAL DISTRICT OF DANBURY and Geographical Area # 3 at Danbury, Respondent-Appellee. Docket No. 01-2394.United States Court of Appeals, Second Circuit.Argued: June 18, 2002. Decided: January 3, 2003. Appeal from the United States District Court for the District of Connecticut, Robert N. Chatigny, […]

UNITED STATES v. CARLIN et al. No. 80.Circuit Court of Appeals, Second Circuit. November 1, 1937. Appeal from the District Court of the United States for the Eastern District of New York. Proceeding by the United States of America against George Carlin and Peter Hauser, wherein defendant Hauser was convicted of the possession, custody, and […]

Andre Camille SMART, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 02-4505.United States Court of Appeals, Second Circuit.Argued December 15, 2004. Decided March 9, 2005. Petition for review from the Board of Immigration Appeals. Page 120 Daniel M. Pell, Esq. (Elyana Tarlow, Esq., on the brief), York, PA, for Petitioner. Michael C. James, Assistant United […]

MICHAEL RUOTOLO AND KATHLEEN M. RUOTOLO, PLAINTIFFS-APPELLANTS, v. DEPARTMENT OF JUSTICE, TAX DIVISION, DEFENDANT-APPELLEE. No. 1065, Docket 94-6236.United States Court of Appeals, Second Circuit.Argued November 28, 1994. Decided April 19, 1995. Page 5 Michael C. Ruotolo, Guilford, CT, pro se. Kathleen M. Ruotolo, Guilford, CT, pro se. Teresa T. Milton, Washington, DC (Christopher F. Droney, […]

TRUCK DRIVERS LOCAL UNION NO. 807, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, PETITIONER, AND PENSION FUND OF NEW YORK CITY TRUCKING INDUSTRY LOCAL 807, INTERVENOR, v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT. Nos. 57, 437, Dockets 74-1001, 74-1211.United States Court of Appeals, Second Circuit.Argued October 18, 1974. Decided November 6, 1974. Page […]

ELLEN HOWLEY, Plaintiff-Appellant, v. TOWN OF STRATFORD and WILLIAM HOLDSWORTH, Defendants-Appellees. No. 99-7966.United States Court of Appeals, Second Circuit. August Term, 1999.Argued: February 17, 2000. Decided: June 23, 2000. Appeal from a judgment of the United States District Court for the District of Connecticut, Alfred V. Covello, Chief Judge, summarily dismissing complaint alleging sexual harassment […]

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. MELOS CONSTRUCTION CORP. and Americo Melo, individually and as an officer of Melos Construction Corp., Defendants-Appellants. Nos. 308, 309, Dockets 32917, 32918.United States Court of Appeals, Second Circuit.Argued January 14, 1969. Decided March 19, 1969. Leonard S. Kimmell, Kimmell Kimmell, Mineola, N.Y., […]

UNITED STATES of America, Appellee, v. Lance Edgar OWEN, Defendant-Appellant, Paul Samuels, also known as Pablo, and Mark Baroody, Defendants. No. 07-4966-cr.United States Court of Appeals, Second Circuit.Argued: December 10, 2008. Petition for Rehearing Decided: March 9, 2009. Appeal from the United States District Court for the Southern District of New York, Robert P. Patterson, […]

UNITED STATES of America, Appellee, v. Samuel BLETTERMAN, Appellant. No. 295, Docket 26018.United States Court of Appeals, Second Circuit.Argued March 1, 1960. Decided May 13, 1960. Page 321 Edward Q. Carr, Jr., New York City (Anthony F. Marra, New York City, on the brief), for appellant. Cornelius W. Wickersham, Jr., U.S. Atty., E.D.N.Y., Brooklyn, N […]

George C. HOLMBERG et al., Appellees, v. Russell P. MERRICK et al., Appellants. No. 119.Circuit Court of Appeals, Second Circuit. April 15, 1940. On appeal from a Judgment of the United States District Court for the Southern District of New York. White Case and Morgan Lockwood, all of New York City, and David Joyce, of […]