Category: Second Circuit Court of Appeals Opinions

JOHN CALASH, D/B/A PARADISE PRODUCTIONS, PLAINTIFF-APPELLANT, v. CITY OF BRIDGEPORT, PARKS SUPERINTENDENT, RICHARD PORTO, COMMISSIONER RALPH J. INNACELL, COMMISSIONER DANIEL PICCOLLELO, COMMISSIONER ANTHONY POST, COMMISSIONER ERNEST AMARAL, COMMISSIONER JOHN LESKO, COMMISSIONER PHILIP CRISANTI, COMMISSIONER JOSEPH VERILLI, AND COMMISSIONER ENRIQUE VAZQUEZ, DEFENDANTS-APPELLEES. No. 722, Docket 85-7851.United States Court of Appeals, Second Circuit.Argued February 6, 1986. Decided […]

C. VICTOR BENSON, ROBERT CORBETT, ARTHUR EISENBERG, JEFFREY S. MORGAN, JAMES O’CONNOR AS TRUSTEES AND FIDUCIARIES OF THE TEAMSTERS LOCAL 814 PENSION, ANNUITY AND WELFARE FUNDS, PLAINTIFFS-APPELLEES, v. BROWER’S MOVING STORAGE, INC., DEFENDANT-APPELLANT. No. 1154, Docket 90-7001.United States Court of Appeals, Second Circuit.Argued April 20, 1990. Decided June 28, 1990. Page 311 Robert S. Nayberg […]

POTTER v. BOWERS. No. 312.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. Action by Eugene Clifford Potter, as executor of the last will and testament of Henry J. Braker, deceased, against Frank Collis Bowers, as executor of the […]

UNITED STATES of America, Appellee, v. Ashley Patrick WELDON, Appellant. No. 74, Docket 31003.United States Court of Appeals, Second Circuit.Argued September 27, 1967. Decided October 30, 1967. As Amended November 22, 1967. Page 773 T.F. Gilroy Daly, Fairfield, Conn., for appellant. David Margolis, Asst. U.S. Atty., for Dist. of Connecticut (Jon O. Newman, U.S. Atty., […]

TOHO BUSSAN KAISHA, LIMITED, Plaintiff-Appellant, v. AMERICAN PRESIDENT LINES, LIMITED, Defendant-Appellee. No. 70, Docket 25151.United States Court of Appeals, Second Circuit.Argued October 10, 1958. Decided March 26, 1959. Page 419 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 420 Lazaar Henkin, New […]

In the Matter of The NEW YORK, NEW HAVEN HARTFORD RAILROAD COMPANY, Debtor. Charles W. Mulcahy, as sole surviving Trustee of the property of Boston and Providence Railroad Corporation, Appellant, Richard Joyce Smith, William J. Kirk and Harry W. Dorigan, Trustees of the New York, New Haven and Hartford Railroad Company, Intervenors, United States of […]

FREEHILL v. GREENFELD. No. 234, Docket 22649.United States Court of Appeals, Second Circuit.Argued April 13, 1953. Decided May 29, 1953. Page 908 James J. Geraghty, James Freehill, New York City, for appellant. Edward V. Loughlin, New York City, for appellee. Aaron Levy, Roger S. Foster, General Counsel, Washington, D.C., George Zolotar, Special Counsel, New York […]

PRUDENTIAL INS. CO. OF AMERICA v. LAND ESTATES, Inc. SAME v. PIETERS et al. No. 183.Circuit Court of Appeals, Second Circuit. March 18, 1940. Appeal from an order of the District Court for the Southern District of New York. Creditors’ actions by the Prudential Insurance Company of America against Land Estates, Inc., and against the […]

WHEELER-VAN LABEL COMPANY, Subsidiary of Stecher-Traung-Schmidt Corporation, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Nos. 344, 345, Dockets 32707, 32855.United States Court of Appeals, Second Circuit.Argued February 12, 1969. Decided March 19, 1969. Page 614 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

In re FLUSHING-QUEENSBORO LAUNDRY, Inc. No. 379.Circuit Court of Appeals, Second Circuit. July 13, 1936. Appeal from the District Court of the United States for the Eastern District of New York. Proceeding in the matter of the Flushing-Queensboro Laundry, Incorporated, alleged bankrupt, wherein a motion was filed to dismiss an amended involuntary petition in bankruptcy. […]

LAUTH v. PICKUP. No. 310.Circuit Court of Appeals, Second Circuit. April 3, 1933. Appeal from the District Court of the United States for the Eastern District of New York. Action for conversion of chattels by Carl Lauth against Edmund J. Pickup, where jurisdiction of District Court was based solely upon diversity of citizenship. From judgment […]

UNITED STATES v. KEEGAN et al. No. 53.Circuit Court of Appeals, Second Circuit. February 29, 1944. Writ of Certiorari Granted May 15, 1944. See 64 S.Ct. 1143. Page 249 Appeal from the District Court of the United States for the Southern District of New York. Wilbur V. Keegan and others were convicted of a conspiracy […]

LABIB ISMAIL, APPELLEE/CROSS-APPELLANT, v. SCOTT COHEN, INDIVIDUALLY AND AS A NEW YORK CITY POLICE OFFICER AND CITY OF NEW YORK, A MUNICIPAL CORPORATION, APPELLANTS/CROSS-APPELLEES. Nos. 960, 1227, Dockets 89-7671, 89-7751.United States Court of Appeals, Second Circuit.Argued March 5, 1990. Decided March 27, 1990. Page 184 Jean Brandon, New York City (Victor A. Kovner, Corp. Counsel […]

1050 TENANTS CORP. ET AL., PLAINTIFFS-APPELLEES, v. PETER JAKOBSON ET AL., DEFENDANTS-APPELLANTS. No. 1003, Docket 74-1023.United States Court of Appeals, Second Circuit.Argued May 22, 1974. Decided July 8, 1974. Page 1376 Martin I. Kaminsky, New York City, (Richard M. Asche and Pollack Singer, New York City, on the brief), for plaintiffs-appellees. Lawrence A. Kobrin, New […]

ANDERSON v. COMMISSIONER OF INTERNAL REVENUE. No. 204, Docket 20098.Circuit Court of Appeals, Second Circuit. July 15, 1946. Petition by Edgar V. Anderson to review a decision of the Tax Court of the United States, 5 T.C. 482, sustaining income tax deficiency determined by the Commissioner of Internal Revenue. J.F. Collins and Nelson Gammans, both […]

LOCAL 851, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, PETITIONER-CROSS-RESPONDENT, v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT-CROSS-PETITIONER, PUROLATOR COURIER CORPORATION, INTERVENOR. Nos. 1072, 1026, Dockets 83-4219, 84-4019.United States Court of Appeals, Second Circuit.Argued April 9, 1984. Decided April 13, 1984. Stephen H. Kahn, New York City, for petitioner-cross-respondent. David A. Fleischer, Atty., N.L.R.B., […]

Oliver P. SERFASS, Plaintiff-Appellee, v. LEHIGH VALLEY RAILROAD COMPANY, Defendant-Appellant. No. 193.Circuit Court of Appeals, Second Circuit. January 19, 1931. Appeal from the District Court of the United States for the Eastern District of New York. Alexander Green, of New York City (Clifton P. Williamson and Herbert S. Ogden, both of New York City, of […]

VAUGHAN v. PETROLEUM CONVERSION CORP. et al. No. 191, Docket 22963.United States Court of Appeals, Second Circuit.Argued March 10, 1954. Decided March 24, 1954. James A. Vaughan, New York City, pro se. Morgan P. Ames, Stamford, Conn. (Howard S. Tuthill, Warren W. Eginton, and Cummings Lockwood, Stamford, Conn., on the brief), for defendants-appellees. Before CLARK, […]

In re FONDA, J. G.R. CO. LISMAN et al. v. FONDA, J. G.R. CO. et al. No. 227.Circuit Court of Appeals, Second Circuit. March 14, 1938. Page 398 Appeal from the District Court of the United States for the Northern District of New York. Proceeding for the reorganization of Fonda, Johnstown Gloversville Railroad Company under […]

In the Matter of ANNIN CO. (a New York Corporation), Debtor. Maurice De Sedle, Claimant-Appellant, Annin Co., Debtor-Appellee. No. 19.Circuit Court of Appeals, Second Circuit. November 15, 1937. Appeal from the District Court of the United States for the Southern District of New York. Shaine Weinrib, of New York City (David W. Kahn, Edward C. […]

Ernest KLEIN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 304, Docket 25500.United States Court of Appeals, Second Circuit.Argued June 4, 1959. Decided June 17, 1959. Page 64 Oswald Vischi, of Raphael, Searles, Levin Vischi, New York City (Bernard Koenigsberg, of Raphael, Searles, Levin Vischi, New York City, on the brief), for plaintiff-appellant. Cornelius W. […]

HARVEY JOHNPOLL, APPELLANT, v. DICK THORNBURGH,[*] ATTORNEY GENERAL OF THE UNITED STATES, APPELLEE. Nos. 567, 568, Dockets 88-2131, 88-3019.United States Court of Appeals, Second Circuit.Argued December 18, 1989. Decided March 6, 1990. [*] Pursuant to Federal Rule of Appellate Procedure 43(c)(1), Attorney General Dick Thornburgh’s name has been substituted for that of former Attorney General […]

MARK COOK, PLAINTIFF-APPELLEE, v. ROBERTA SHELDON AND NELSON SALDANA, NEW YORK STATE TROOPERS, DEFENDANTS-APPELLANTS. No. 302, Docket 94-7282.United States Court of Appeals, Second Circuit.Argued September 22, 1994. Decided December 2, 1994. Page 74 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 75 […]

McMILLIAN v. NEW YORK CITY DEPT. OF CORRECTIONS. No. 97-9261.United States Court of Appeals, Second Circuit. May 29, 1998. Appeal from the S.D.N.Y. Decision without published opinion. Affirmed.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL-CIO; THE COMMISSION OF La COSA NOSTRA; ANTHONY SALERNO, ALSO KNOWN AS FAT TONY; MATTHEW IANNIELLO, ALSO KNOWN AS MATTY THE HORSE; ANTHONY PROVENZANO, ALSO KNOWN AS TONY PRO; NUNZIO PROVENZANO, ALSO KNOWN AS NUNZI PRO; ANTHONY CORALLO, ALSO […]

In the Matter of Petition of the DOWNER TOWING CORPORATION, as Owner of THE Steam Tug DOWNER NO. 14, her Tackle, etc., for Exoneration from or Limitation of Liability, Appellee. E.C. William GERLACH, Appellant, v. CUNARD STEAMSHIP COMPANY, Appellee. Lehigh Valley Railroad Company, Claimant. No. 127.Circuit Court of Appeals, Second Circuit. January 8, 1934. Appeal […]

ADAM ABDUL-HAKEEM (A/K/A LARRY DAVIS), PLAINTIFF-APPELLANT, v. RICHARD KOEHLER, COMMISSIONER, NEW YORK CITY DEPARTMENT OF CORRECTIONS; ERIC TAYLOR, WARDEN, MEN’S HOUSE OF DETENTION ON RIKERS ISLAND, A FACILITY OF THE AFORESAID DEPARTMENT; DEPUTY GALLO, CAPTAIN GAILLARD, OFFICER GUADAGNO, AND “JOHN DOES” 1-20, BEING OFFICERS AT THE AFORESAID FACILITY; J. MICHAEL QUINLAN, DIRECTOR, UNITED STATES BUREAU […]

THE DALZELLINE. THE LEVIATHAN. DALZELL v. UNITED STATES LINES CO. et al. No. 292.Circuit Court of Appeals, Second Circuit. April 5, 1937. Appeal from the District Court of the United States for the Eastern District of New York. Libel in admiralty by Fred B. Dalzell, as managing owner of steamtug the Dalzelline, Page 161 against […]

Aston BARTHOLOMEW, Plaintiff-Appellee, v. UNIVERSE TANKSHIPS, INC., Defendant-Appellant. No. 22, Docket 25011.United States Court of Appeals, Second Circuit.Argued October 8, 1958. Decided January 9, 1959. Page 438 Morton M. Shreck and Nathan L. Berke, New York City, for plaintiff-appellee. Victor S. Cichanowicz, New York City (Cunningham Cichanowicz, New York City, on the brief), for defendant-appellant. […]

UNITED STATES of America ex rel. Shahid El Hussein MUHAMMAD o/c Maynard Prater, Relator-Appellant, v. Hon. Vincent R. MANCUSI, as Warden of Attica State Prison, Attica, New York, Respondent-Appellee. No. 809, Docket 33951.United States Court of Appeals, Second Circuit.Argued May 25, 1970. Decided October 22, 1970. Page 1047 Edmund R. Schroeder, Morton E. Grosz, Milton […]

UNITED STATES v. WARREN R. CO. et al. SAME v. SYRACUSE, B. N.Y.R. CO. et al. SAME v. PASSAIC D.R. CO. et al. Nos. 138-140.Circuit Court of Appeals, Second Circuit. April 2, 1942. Page 135 Appeals from the District Court of the United States for the Southern District of New York. Three actions by the […]

CHABAD-LUBAVITCH OF VERMONT, RABBI YITZCHOK RASKIN, PLAINTIFFS-APPELLANTS, v. CITY OF BURLINGTON, VERMONT BOARD OF PARKS AND RECREATION COMMISSION, DEFENDANTS-APPELLEES, v. AMERICAN CIVIL LIBERTIES FOUNDATION OF VERMONT, INC., MARK A. KAPLAN, ESQ., REVEREND ROBERT E. SENGHAS, DEFENDANTS-INTERVENORS-APPELLEES. No. 1428, Docket 91-7068.United States Court of Appeals, Second Circuit.Argued April 29, 1991. Decided June 21, 1991. Page 110 […]

NATIONAL LABOR RELATIONS BOARD v. ISTHMIAN S.S. CO. (NATIONAL MARITIME UNION OF AMERICA, Intervenor). No. 161.Circuit Court of Appeals, Second Circuit. March 7, 1942. Petition for Enforcement of an Order of the National Labor Relations Board. Proceeding by the National Labor Relations Board for the enforcement of an Page 599 order issued by the Board […]

VIACOM INTERNATIONAL, INC., Plaintiff-Counter-Defendant-Appellant, v. MICHAEL W. KEARNEY, Defendant-Third-Party-Plaintiff-Counter-Claimant-Appellee, CAMP, DRESSER AND McKEE, Third-Party-Defendant, CONOLOG CORPORATION, Third-Party-Defendant-Counter-Claimant-Fourth-Party-Plaintiff, TAYLOR FORGE STAINLESS, INC., Fourth-Party-Defendant. No. 99-7797.United States Court of Appeals, Second Circuit.Argued: January 12, 2000. Decided: May 19, 2000. Appeal from an order of the United States District Court for the Southern District of New York (Shira […]

UNITED STATES of America, Appellee, v. Oliver SMITH, Appellant. No. 11, Docket 26439.United States Court of Appeals, Second Circuit.Argued September 30, 1960. Decided November 10, 1960. Page 761 Menahem Stim, New York City, for appellant. Samuel Sheres and S. Hazard Gillespie, Jr., U.S. Attys., New York City, David Klingsberg, Asst. U.S. Atty., New York City, […]

FTC COMMUNICATIONS, INC., RCA GLOBAL COMMUNICATIONS, INC. AND WESTERN UNION INTERNATIONAL, INC., PETITIONERS, v. FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, RESPONDENTS, ITT WORLD COMMUNICATIONS INC., TRT TELECOMMUNICATIONS CORP. AND THE WESTERN UNION TELEGRAPH COMPANY, INTERVENORS. No. 187, Docket 83-4217.United States Court of Appeals, Second Circuit.Argued September 10, 1984. Decided December 17, 1984. John […]

UNITED STATES of America, Appellee, v. Carlos LOPEZ, also known as Charlie Chan, also known as Chan; Rafael Lopez, also known as Tito, Defendants-Appellants. Docket Nos. 02-1746(L), 02-1748(CON).United States Court of Appeals, Second Circuit.Argued: January 23, 2004. Decided: June 9, 2004. Appeal from the United States District Court for the Eastern District of New York, […]

In the Matter of MORRIS WHITE PROPERTIES CORPORATION, Debtor; Weinberg Weinberg and Leon London, Appellants, Archibald Palmer, Appellant. No. 324.Circuit Court of Appeals, Second Circuit. April 10, 1939. Appeal from the District Court of the United States for the Eastern District of New York. Leon London, of New York City, pro se. Samuel Masia, of […]

VAN COTT v. MARION DE VRIES, Inc. No. 98.Circuit Court of Appeals, Second Circuit. January 6, 1930. Appeal from the District Court of the United States for the Eastern District of New York. Action by Mary A. Van Cott against Marion De Vries, Inc. From an order denying an application by defendant for issuance of […]

JAMES D. WILSON, PETITIONER-APPELLANT, v. HANS WALKER, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT-APPELLEE. No. 98-2657.United States Court of Appeals, Second Circuit.Argued: February 3, 2000. Decided: February 17, 2000. Appeal from a judgment of the United States District Court for the Western District of New York (Michael A. Telesca, Judge), denying petitioner-appellant’s petition for the writ of […]

JOHN HANCOCK MUTUAL LIFE INSURANCE CO., ETC., PLAINTIFFS-APPELLANTS, v. CAROLINA POWER LIGHT COMPANY AND IRVING TRUST COMPANY, DEFENDANTS-APPELLEES. Cal. No. 1414, Docket 83-7079.United States Court of Appeals, Second Circuit.Argued June 16, 1983. Decided August 31, 1983. Page 665 Cahill, Gordon Reindel, William E. Hegarty, R. Anthony Zeiger, H. Richard Schumacher, New York City, for plaintiffs-appellants. […]

Oliver PETROVICH, Petitioner-Appellant, v. Arthur LEONARDO, Superintendent, Great Meadow Correctional Facility, Respondent-Appellee. No. 00-2091.United States Court of Appeals, Second Circuit.Argued: September 26, 2000. Decided: October 12, 2000. Appeal from the United States District Court for the Eastern District of New York, Joanna Seybert, J. Page 385 Randolph Z. Volkell, North Bellmore, New York, for Petitioner-Appellant. […]

BANKERS TRUST COMPANY, as Executor of the Will of Harriet Delta Ellis, Deceased, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. No. 67, Docket 26169.United States Court of Appeals, Second Circuit.Argued November 1, 1960. Decided December 12, 1960. S. Hazard Gillespie, Jr., U.S. Atty. for Southern District of New York, New York City, Myron J. Wiess, […]

OPALS ON ICE LINGERIE, Designs by Bernadette, Inc., Plaintiff-Counter-Defendant-Appellant, v. BODY LINES INC., d/b/a Curves, Defendant-Counter-Claimant-Appellee. Docket No. 02-7392.United States Court of Appeals, Second Circuit.Argued October 23, 2002. Decided February 24, 2003. Appeal from the United States District Court for the Eastern District of New York, Israel Leo Glasser, J. Page 363 [EDITORS’ NOTE: THIS […]

CUMMINGS-LANDAU LAUNDRY MACHINERY CO., Inc. v. ALDERMAN. No. 199, Docket No. 22969.United States Court of Appeals, Second Circuit.Argued March 8, 1954. Decided April 6, 1954. Page 343 Benjamin Hantman, New York City (Myron P. Gordon, New York City, of counsel), for petitioner-appellant. Maxwell A. Alderman, New Haven, Conn., for appellee. Before CLARK, MEDINA, and HARLAN, […]

THE SAGUACHE. MEYER v. UNITED STATES et al. No. 294.Circuit Court of Appeals, Second Circuit. June 3, 1940. Appeal from the District Court of the United States for the Southern District of New York. Libel by William Herbert Meyer against the United States of America, as owner, operator, manager, and controller of the steamship Saguache, […]

DONNA ZAHORIK, JUDITH LONG LAWS, ANTONIA GLASSE AND CHARLOTTE FARRIS, PLAINTIFFS-APPELLANTS, v. CORNELL UNIVERSITY, DEFENDANT-APPELLEE. No. 243, Docket 83-7450.United States Court of Appeals, Second Circuit.Argued October 31, 1983. Decided February 22, 1984. Page 86 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

UNITED STATES v. NATIONAL CITY BANK OF NEW YORK et al. No. 237.Circuit Court of Appeals, Second Circuit. April 6, 1936. Page 237 Appeal from the District Court of the United States for the Southern District of New York. Suit by the United States, as assignee of the Russian government, against the National City Bank […]

April GALLOP, individually and for her minor child, E.G., Plaintiff-Appellant, v. Richard CHENEY, former Vice President of the United States, Donald Rumsfeld, former Secretary of the Department of Defense, General Richard Myers (Ret.), United States Air Force, Defendants-Appellees, John Does Nos. I-X, in their individual capacities, Defendants. Docket No. 10-1241-cv.United States Court of Appeals, Second […]

POOL SHIPPING COMPANY, Limited, Libelant-Appellee, v. UNITED STATES, Respondent-Appellant. UNITED STATES, Libelant-Appellant, v. Steamship CLEARPOOL and Pool Shipping Company, Limited, Respondent-Appellee. No. 285.Circuit Court of Appeals, Second Circuit. April 18, 1927. Appeal from the District Court of the United States for the Southern District of New York. Emory R. Buckner, U.S. Atty., of New York […]

UNITED STATES of America, Appellee-Appellant, v. David KLAPHOLZ and Paula Klapholz, Defendants-Appellants-Appellees. No. 113, Docket 23596.United States Court of Appeals, Second Circuit.Argued October 10, 1955. Decided February 21, 1956. Page 495 Cornelius W. Wickersham, Jr., Chief Asst. U.S. Atty., Brooklyn, N Y (Leonard P. Moore, U.S. Atty., and Peter E. DeBlasio, Asst. U.S. Atty., Brooklyn, […]

Gustavo CRUZ-MIGUEL, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. Francisco Javier Sanchez-Flores, Petitioner, v. Eric H. Holder, Jr., United States Attorney General, Respondent. Rogelio Miguel-Ramirez, Petitioner, v. Eric H. Holder, Jr., United States Attorney General, Respondent. Pablo Francisco-Lorenzo, Petitioner, v. Eric H. Holder, Jr., United States Attorney General, Respondent.[*] Docket Nos. […]

TIME WARNER CABLE OF NEW YORK CITY, A DIVISION OF TIME WARNER ENTERTAINMENT COMPANY, L.P.; PARAGON COMMUNICATIONS, D/B/A TIME WARNER CABLE OF NEW YORK CITY; QUEENS INNER UNITY CABLE SYSTEMS, D/B/A QUICS, AND TWC CABLE PARTNERS, D/B/A STATEN ISLAND CABLE, PLAINTIFFS-APPELLEES, v. BLOOMBERG L.P., DEFENDANT-INTERVENOR-APPELLANT, CITY OF NEW YORK, DEFENDANT-APPELLANT. Nos. 1428, 1429, 96-9515, 96-9517.United […]

UNITED STATES ex rel. TURPIN v. WARDEN OF GREEN HAVEN PRISON OF STATE OF NEW YORK. No. 295, Docket 22053.United States Court of Appeals, Second Circuit.Argued June 14, 1951. Decided July 3, 1951. Page 253 Henry K. Chapman and Joseph Aronstein, New York City, for appellant. Nathaniel L. Goldstein, Atty. Gen. of the State of […]

WESTCHESTER RADIOLOGICAL ASSOCIATES, P.C., ET AL., PLAINTIFFS-APPELLANTS, v. EMPIRE BLUE CROSS AND BLUE SHIELD, INC., DEFENDANT-APPELLEE. No. 1349, Docket 89-7305.United States Court of Appeals, Second Circuit.Argued August 31, 1989. Decided September 14, 1989. Page 708 Daniel P. Levitt, New York City, Reid Priest (Norton L. Travis, Garfunkel, Wild Travis, P.C., of counsel), for plaintiffs-appellants. Robert […]

UNITED STATES of America ex rel. Jacob MOLINAS, Petitioner-Appellant, v. Vincent R. MANCUSI (successor to Albert J. Meyer), Warden of Attica State Prison, Attica, New York, Respondent-Appellee. No. 202, Docket 30554.United States Court of Appeals, Second Circuit.Argued November 28, 1966. Decided January 5, 1967. Thomas R. Newman, New York City, for petitioner-appellant. Michael H. Rauch, […]

IRENE L. WRIGHT, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF-APPELLANT, v. ERNST YOUNG LLP, DEFENDANT-APPELLEE. No. 97-9241United States Court of Appeals, Second Circuit.Argued April 27, 1998 Decided August 6, 1998 Appeal from a judgment of the United States District Court for the Southern District of New York, Scheindlin, J., dismissing a class […]

NEW YORK STATE COMMISSION ON CABLE TELEVISION, PETITIONER, v. FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, RESPONDENTS, TELEPROMPTER CORPORATION AND WWHT CORPORATION, INTERVENORS. No. 296, Docket 80-4253.United States Court of Appeals, Second Circuit.Argued October 29, 1981. Decided January 7, 1982. Page 59 Franklin K. Breselor, Asst. Atty. Gen. of State of New York, Albany, […]

Alfonse M. D’AMATO, Special Master, Harold Watman, on behalf of himself and all other persons similarly situated; Ruth Abraham, on behalf of herself and all other persons similarly situated; Michal Schonberger, on behalf of himself and all other persons similarly situated; Plaintiffs-Appellees, Gerald Haas; Charlotte Hass Schueller; Gabriele Hammerstein; Helen Nightengale; Alice Nightengale Luhan; Simon […]

Margaret CAHILL, Petitioner-Appellant. v. William S. BROWN, Trustee-Appellee. No. 271, Docket 25470.United States Court of Appeals, Second Circuit.Argued April 22, 1959. Decided May 11, 1959. Page 597 Albert F. Kimball, Port Washington, N.Y., Hyer Kimball, Port Washington, N.Y. (Raymond T. Hyer, Port Washington, N.Y., on the brief; Hugh S. Wend, Brooklyn, N.Y., of counsel), for […]

AMERADA HESS CORPORATION (HESS OIL CHEMICAL DIVISION), OCEAN TOWERS LTD. AND HESS OIL VIRGIN ISLANDS CORP., PLAINTIFFS-APPELLANTS, v. S/T MOBIL APEX, HER ENGINES, BOILERS, ETC. AND MOBIL TANKERS LIMITED, DEFENDANTS-APPELLEES AND CROSS-APPELLANTS. No. 665, Dockets 78-7525, 78-7551.United States Court of Appeals, Second Circuit.Argued March 9, 1979. Decided July 23, 1979. As Modified on Denial of […]

UNITED STATES of America, Plaintiff-Appellee, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, United States Fidelity and Guaranty Company, and Century Indemnity Company, Defendants-Appellants. No. 187, Docket 24841.United States Court of Appeals, Second Circuit.Argued April 15, 1958. Decided April 30, 1958. Stewart Maurice, of Maurice, McNamee White, New York City (A. Pearley Feen, Burlington, Vt., on […]

ROBERT SALLEY, PLAINTIFF-APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT-APPELLEE. Cal. No. 357, Docket 85-2171.United States Court of Appeals, Second Circuit.Submitted December 9, 1985. Decided March 21, 1986. Robert Salley, Lewisburg, Pa., submitted a brief pro se. Charles E. Rose, Asst. U.S. Atty., Raymond J. Dearie, U.S. Atty. and Jane Simkin Smith, Asst. U.S. Atty., Brooklyn, […]

IN THE MATTER OF THE ARBITRATION BETWEEN E. B. MICHAELS AND RALPH MICHAELS, ON THEIR OWN BEHALF AND AS AGENTS FOR THE FORMER SHAREHOLDERS OF HYMAN-MICHAELS COMPANY, CHARTERER, PETITIONER-APPELLANT, AND MARIFORUM SHIPPING, S.A., OWNERS OF THE M/V LESLIE UNDER A TIME CHARTER PARTY DATED APRIL 9, 1974, RESPONDENT-APPELLEE. No. 1001, Docket 80-7096.United States Court of […]

PETER J. BRENNAN, SECRETARY OF LABOR, PETITIONER, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION AND UNDERHILL CONSTRUCTION CORPORATION, RESPONDENTS. UNDERHILL CONSTRUCTION CORP. AND DIC CONCRETE CORP., INDIVIDUALLY AND AS PARTICIPANTS IN A JOINT VENTURE KNOWN AS DIC-UNDERHILL, A JOINT VENTURE, PETITIONERS, v. PETER J. BRENNAN AND OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, RESPONDENTS. Nos. 357, […]

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. HOTEL, MOTEL AND CLUB EMPLOYEES UNION, LOCAL 6, Defendant-Appellee. No. 513, Docket 31272.United States Court of Appeals, Second Circuit.Argued June 13, 1967. Decided July 28, 1967. Page 501 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

KLEID v. RUTHBELL COAL CO. No. 53.Circuit Court of Appeals, Second Circuit. November 4, 1942. Appeal from the District Court of the United States for the Southern District of New York. Proceeding in the matter of the Empire Coal Sales Corporation, bankrupt, wherein Emanuel G. Kleid, as trustee in bankruptcy, filed a petition to review […]

BORELLA et al. v. BORDEN CO. No. 398.Circuit Court of Appeals, Second Circuit. July 28, 1944. Writ of Certiorari Granted January 2, 1945. See 65 S.Ct. 431. Appeal from the District Court of the United States for the Southern District of New York. Action by Joseph Borella and others, on behalf of themselves and other […]

LIFE RECEIVABLES TRUST, Claimant, Life Settlements Corporation, doing business as Peachtree Life Settlements, Movant-Appellant, v. SYNDICATE 102 AT LLOYD’S OF LONDON, Respondent-Appellee. Docket No. 07-1197-cv.United States Court of Appeals, Second Circuit.Argued: October 23, 2008. Decided: November 25, 2008. Appeal from the United States District Court for the Southern District of New York, Owen, J. Page […]

STATE OF VERMONT, CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC., AND VERMONT NATURAL RESOURCES COUNCIL, PETITIONERS, v. LEE THOMAS, ADMINISTRATOR, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, RESPONDENTS, AND ALABAMA POWER COMPANY, ET AL., INTERVENORS. No. 872, Docket 87-4119.United States Court of Appeals, Second Circuit.Argued March 7, 1988. Decided June […]

CHESTER H. ROTH, Inc. v. ESQUIRE, Inc. No. 28, Docket 21650.United States Court of Appeals, Second Circuit.Argued October 9, 1950. Decided January 17, 1951. Page 12 Mock Blum and Asher Blum, all of New York City, for Chester H. Roth Co., Inc. Cravath, Swaine Moore, New York City (Bruce Bromley, Harold R. Medina, Jr. and […]

WESTINGHOUSE ELECTRIC MANUFACTURING CO. v. NATIONAL LABOR RELATIONS BOARD. No. 289.Circuit Court of Appeals, Second Circuit. June 10, 1940. Page 658 On petition to review an order of the National Labor Relations Board. Petition by the Westinghouse Electric Manufacturing Company to review an order of the National Labor Relations Board directing petitioner to cease and […]

BLANCHE MITCHELL, APPELLANT, v. NATIONAL BROADCASTING COMPANY AND S. THEODORE NYGREEN, MANAGER OF INFORMATION SERVICES, NATIONAL BROADCASTING COMPANY, APPELLEES. No. 442, Docket 76-7376.United States Court of Appeals, Second Circuit.Argued January 21, 1977. Decided April 6, 1977. Page 266 Jack Greenberg, O. Peter Sherwood, Ronald L. Ellis, New York City, for appellant. Howard L. Ganz, Sara […]

Mohammed SELH, Plaintiff-Appellant, v. MOORE-McCORMACK LINES, INC., Defendant-Appellee. No. 358, Docket 29614.United States Court of Appeals, Second Circuit.Argued May 4, 1966. Decided June 21, 1966. Jacob Rassner, New York City (Herman N. Rabson, Alan C. Rassner, New York City, on the brief), for appellant. Joseph M. Cunningham, New York City (Kirlin, Campbell Keating, New York […]

MILLER v. UNITED STATES. No. 144.Circuit Court of Appeals, Second Circuit. February 6, 1928. Page 354 In Error to the District Court of the United States for the Southern District of New York. Thomas W. Miller was convicted of a conspiracy to defraud the United States, in violation of Criminal Code, § 37, and he […]

Sylvia PANETTA, Plaintiff-Appellee, v. Thomas M. CROWLEY, Marc Jurnove, Defendants-Appellants, Patricia A. Kelvasa, John Doe I, Defendants. Docket No. 02-7275-cv.United States Court of Appeals, Second Circuit.Argued: January 3, 2005. Reargued: October 26, 2005. Decided: August 18, 2006. Appeal from the United States District Court for the Southern District of New York, George A. Yanthis, United […]

RELIABLE TRANSFER CO., INC., PLAINTIFF-APPELLEE AND CROSS-APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT-APPELLANT AND CROSS-APPELLEE. Nos. 540, 803, Dockets 73-1513, 73-2325.United States Court of Appeals, Second Circuit.September Term, 1973. Submitted June 18, 1975. Decided July 31, 1975. Page 1382 Herbert B. Halberg, New York City (Krisel, Beck Halberg, New York City, on the brief), for […]

DROSTE v. HARRY ATLAS SONS, Inc., et al. No. 56.Circuit Court of Appeals, Second Circuit. February 14, 1945. Appeal from the District Court of the United States for the Southern District, of New York. On petition for rehearing by Adelyn Ransom Droste, as executrix of the estate of Charles F. Droste, Jr., deceased, who was […]

L. C. MAYERS CO., Inc., v. COMMISSIONER OF INTERNAL REVENUE. No. 9.Circuit Court of Appeals, Second Circuit. November 5, 1942. On Petition to Review an Order of the Tax Court of the United States. Petition by L. C. Mayers Co., Inc., against the Commissioner of Internal Revenue to review an order of the Tax Court […]

IN RE: GRAND JURY SUBPOENA JOHN DOE, APPELLANT, v. UNITED STATES OF AMERICA, APPELLEE. No. 98-6137.United States Court of Appeals, Second Circuit.Argued: July 16, 1998.[1] Decided: July 16, 1998. [1] This matter has been heard by order of the Chief Judge of the United States Court of Appeals for the Second Circuit under 28 U.S.C. […]

PETER MADDALONE, PLAINTIFF-APPELLANT, v. LOCAL 17, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AND DISTRICT COUNCIL, UNITED BROTHERHOOD OF CARPENTERS, DEFENDANTS-APPELLEES. No. 97-7935.United States Court of Appeals, Second Circuit.Argued March 9, 1998. Decided August 10, 1998. Peter Maddalone brought suit against defendants, the New York District Council of the United Brotherhood of Carpenters and […]

RALPH DERRICO, PLAINTIFF-APPELLANT, v. SHEEHAN EMERGENCY HOSPITAL, DEFENDANT-APPELLEE. No. 246, Docket 87-7415.United States Court of Appeals, Second Circuit.Argued November 9, 1987. Decided April 5, 1988. Page 23 Richard Lipsitz, Buffalo, N.Y. (Richard P. Weisbeck, Jr., Lipsitz, Green, Fahringer, Roll, Schuller James, Buffalo, N.Y., of counsel), for plaintiff-appellant. James N. Schmit, Buffalo, N.Y. (Melinda G. Disare, […]

BALLOW BRASTED O’BRIEN RUSIN P.C., Plaintiff-Appellee, v. Gary LOGAN, Defendant-Appellant. Docket No. 04-4925-CV.United States Court of Appeals, Second Circuit.Argued September 14, 2005. Decided January 20, 2006. Appeal from the United States District Court for the Western District of New York, John T. Elfvin, J. Page 236 Gary Logan, Las Vegas, NV (Andrew J. Harakas, Desmond […]

Michael AUSTIN, PETITIONER-APPELLANT, v. CHARLES HEALEY, UNITED STATES MARSHAL FOR THE EASTERN DISTRICT OF NEW YORK, RESPONDENT-APPELLEE. No. 1996, Docket 93-2308.United States Court of Appeals, Second Circuit.Argued July 14, 1993. Decided September 21, 1993. Page 599 Victoria Toensing, Washington, DC (Joseph E. diGenova, Steven L. Zelinger, Suzanne M. Dohrer, Manatt, Phelps Phillips, Washington, DC, of […]

Bejnjamin BESKOVIC, Petitioner, v. Alberto GONZALES, Attorney General, Respondent. No. 05-4172-AG.United States Court of Appeals, Second Circuit.Submitted: September 18, 2006. Decided: October 24, 2006. Appeal from the Alien petitioned for review of order of Board of Immigration Appeals (BIA). Saul C. Brown, New York, NY, for Petitioner. Page 224 Charles E. Ex, Assistant United States […]