Category: Second Circuit Court of Appeals Opinions

Gilda TESSER, Plaintiff-Appellant, v. BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF NEW YORK, Board of Education of the Community School District No. 21 of the City School District of the City of New York, Sheldon Plotnick, individually and as President of the Board of Education of Community School District No. […]

JAYNE v. MASON DIXON LINES, Inc. (two cases). No. 100.Circuit Court of Appeals, Second Circuit. December 23, 1941. Page 318 Appeals from the District Court of the United States for the Eastern District of New York. Actions by Mary Jayne and by Edmund Jayne against Mason Dixon Lines, Incorporated, to recover damages for personal injuries […]

BALLY, INC., PLAINTIFF-APPELLEE, v. M.V. ZIM AMERICA, HER ENGINES, BOILERS, ETC., DEFENDANT, ZIM CONTAINER SERVICE, ZIM ISRAEL NAVIGATION CO. LTD., SHOHAM MARITIME SERVICES LTD., DEFENDANTS-APPELLANTS. No. 712, Docket 93-7255.United States Court of Appeals, Second Circuit.Argued February 7, 1994. Decided April 20, 1994. Page 66 Vincent M. DeOrchis, New York City (John Orzel and P. Michael […]

UNITED STATES OF AMERICA, APPELLEE, v. JOSE ORTEGA, JESUS MANCINAS, DEFENDANTS-APPELLANTS. Nos. 746, 747, Docket Nos. 95-1366, 95-1369.United States Court of Appeals, Second Circuit.Argued: December 22, 1995. Decided: August 30, 1996. Page 765 Barry E. Griffith, Rutland, Vermont (Griffith Lundeen, P.C., of counsel), for Defendant-Appellant Jose Ortega. Bradley S. Stetler, Burlington, Vermont (Stetler Allen, of […]

McNAMEE, LOCHNER, TITUS WILLIAMS, P.C., PLAINTIFF-COUNTER-DEFENDANT-APPELLEE AND CROSS-APPELLANT, v. HIGHER EDUCATION ASSISTANCE FOUNDATION, DEFENDANT-COUNTER-PLAINTIFF-APPELLANT AND CROSS-APPELLEE. No. 637, Dockets 94-7541, 94-7543.United States Court of Appeals, Second Circuit.Argued October 26, 1994. Decided March 3, 1995. Page 121 Scott A. Barbour, Albany, N Y (Marc J. Lifset, Kenneth L. Gellhaus, Michael J. Hall, McNamee, Lochner, Titus Williams, […]

LIVE POULTRY DEALERS’ PROTECTIVE ASS’N et al. v. UNITED STATES. No. 116.Circuit Court of Appeals, Second Circuit. December 2, 1924. Page 841 Appeal from the District Court of the United States for the Southern District of New York. Suit by the United States against the Live Poultry Dealers’ Protective Association and others. From an order […]

GEORGIA-PACIFIC CORPORATION, Appellant, v. U.S. PLYWOOD-CHAMPION PAPERS INC., Appellee. Nos. 415, 416, Dockets 35341, 35444.United States Court of Appeals, Second Circuit.Argued February 16, 1971. Decided June 15, 1971. Certiorari Denied October 12, 1971. See 92 S.Ct. 105. Page 296 John Vaughan Groner, New York City (Fish Neave, Ronald F. Ball, New York City, on the […]

GEORGE DUCKETT AND DELORES DUCKETT, PLAINTIFFS-APPELLANTS, v. EVE SILBERMAN, DEFENDANT-APPELLEE. No. 31, Docket 77-7164.United States Court of Appeals, Second Circuit.Argued September 15, 1977. Decided January 6, 1978. Page 1021 James I. Meyerson, New York City (Nathaniel R. Jones, Thomas Hoffman, and N. A. A. C. P., New York City, on the brief), for plaintiffs-appellants. Gerald […]

BASSETT v. DELAWARE HUDSON CO. No. 51.Circuit Court of Appeals, Second Circuit. December 12, 1932. Appeal from the District Court of the United States for the District of Vermont. Action by Ralph D. Bassett against the Delaware Hudson Company. Judgment for plaintiff, and defendant appeals. Reversed, and new trial ordered. Joseph Rosch, of Albany, N.Y., […]

HARRY LEWIS, PLAINTIFF-APPELLANT, v. JAMES J. LING ET AL., DEFENDANTS-APPELLEES. No. 168, Docket 73-1564.United States Court of Appeals, Second Circuit.Argued November 29, 1973. Decided December 10, 1973. Sidney L. Garwin, New York City (Garwin Bronzaft, New York City, on the brief), for plaintiff-appellant. Robert B. Fiske, Jr., New York City (Arthur F. Golden, Mary E. […]

CLARK et al. v. FISHER et al. No. 326.Circuit Court of Appeals, Second Circuit. May 11, 1925. In Error to the District Court of the United States for the Southern District of New York. Action by Jacob L. Fisher and another against James F.A. Clark and others. Judgment for plaintiffs (3 F.[2d] 621), and defendants […]

In the Matter of FRED STERN CO., Inc., Bankrupt; George Rea, Petitioner Appellant. No. 149.Circuit Court of Appeals, Second Circuit. January 4, 1926. Appeal from Petition to Revise Order of the District Court of the United States for the Southern District of New York. Louis Marshall and James Marshall, both of New York City, for […]

THE MARY T. TRACY. THE WALTER TRACY. No. 327.Circuit Court of Appeals, Second Circuit. May 11, 1925. Appeal from the District Court of the United States for the Southern District of New York. Page 592 In the matter of the libel and petition of Thomas Tracy, as owner, and the Tracy Towing Line, Inc., as […]

UNITED STATES of America ex rel. James ROYSTER, Relator-Appellant, v. Daniel McMANN, Auburn State Prison, Auburn, New York, Respondent-Appellee. No. 106, Docket 32919.United States Court of Appeals, Second Circuit.Argued October 15, 1970. Decided October 15, 1970. Susan E. Crandall, New York City (James J. McDonough, Legal Aid Society Page 1014 of Nassau County, and Matthew […]

UNITED STATES OF AMERICA, PLAINTIFF, AND YONKERS BRANCH-NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, ET AL., PLAINTIFFS-INTERVENORS-APPELLEES, v. YONKERS BOARD OF EDUCATION, CITY OF YONKERS, AND YONKERS COMMUNITY DEVELOPMENT AGENCY, DEFENDANTS, AND JOSEPH GALVIN, ALFRED T. LAMBERTI, PAUL WEINTRAUB, FRANK FURGIUELE, JOSEPH M.A. FURGIUELE, JERALD KATZENELSON AND SALVATORE FERDICO AND THE CRESTWOOD CIVIC ASSOCIATION, […]

SPIROU v. UNITED STATES. No. 275.Circuit Court of Appeals, Second Circuit. March 12, 1928. In Error to the District Court of the United States for the Southern District of New York. George A. Spirou was convicted of conspiracy to defraud the United States, conspiracy to commit offenses against the United States, and unlawful use of […]

W. J. USERY, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, PLAINTIFF-APPELLEE, v. INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS, INTERNATIONAL MARITIME DIVISION, ILA, AFL-CIO, DEFENDANT-APPELLANT. No. 1209, Docket 76-6076.United States Court of Appeals, Second Circuit.Argued June 18, 1976. Decided July 12, 1976. Page 947 Marvin Schwartz, New York City (Burton M. Epstein, New York […]

Emanuel TAUB, Plaintiff-Appellant, v. NEW YORK AND CUBA MAIL STEAMSHIP COMPANY, Defendant-Appellee. No. 136.Circuit Court of Appeals, Second Circuit. December 13, 1932. Appeal from the District Court of the United States for the Southern District of New York. Frank I. Finkler, of New York City, for appellant. Ray Rood Allen, of New York City, for […]

INTERNATIONAL BUSINESS MACHINES CORPORATION ET AL., PETITIONERS, v. FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, RESPONDENTS, AMERICAN TELEPHONE AND TELEGRAPH COMPANY ET AL., INTERVENORS. Nos. 60, 61, 62, Dockets 77-4005, 77-4020 and 77-4059.United States Court of Appeals, Second Circuit.Argued December 13, 1977. Decided February 6, 1978. Page 453 J. Roger Wollenberg, Washington, D.C. (Wilmer, […]

THE ROSEWAY. No. 358.Circuit Court of Appeals, Second Circuit. June 17, 1929. Appeal from the District Court of the United States for the Eastern District of New York. Libel to recover for supplies to vessel by Carl F. Bogelmann against the steamship Roseway, claimed by James F. Quinn. Decree for libelant, and claimant appeals. Reversed. […]

WOODBURY et al. v. ANDREW JERGENS CO. No. 5.Circuit Court of Appeals, Second Circuit. November 7, 1932. Page 737 Appeal from the District Court of the United States for the Southern District of New York. Suit by John H. Woodbury and another against the Andrew Jergens Company. From an order confirming the report of a […]

Richard A. PETERSON, Appellant, v. TERM TAXI INC. (sued herein as Terminal Taxi Inc.), John Diaz and Miriam Hayes, Appellees. No. 591, Docket 33352.United States Court of Appeals, Second Circuit.Submitted March 17, 1970. Decided June 4, 1970. David B. Ampel, New York City (Ronald S. Goldfarb and Arthur Greenberg, New York City, on the brief), […]

HAMILTON v. R.S. DICKSON CO., Inc. No. 384.Circuit Court of Appeals, Second Circuit. July 27, 1936. Appeal from the District Court of the United States for the Southern District of New York. Action by George F. Hamilton, doing business as George F. Hamilton Co., against R.S. Dickson Co., Incorporated. Judgment for plaintiff, and defendant appeals. […]

PATRICK LOPRESTI, AS TRUSTEE OF THE PENSION FUND OF LOCAL ONE, AMALGAMATED LITHOGRAPHERS OF AMERICA, AS TRUSTEE OF THE SICKNESS ACCIDENT FUND OF LOCAL ONE, AMALGAMATED LITHOGRAPHERS OF AMERICA, AND AS PRESIDENT OF LOCAL ONE, AMALGAMATED LITHOGRAPHERS OF AMERICA, PLAINTIFF-APPELLANT, RICHARD BOESCH; MARCOS BONILLA; WILLIAM CAPONE; LOUIS CHIACCHIARO; JOHN CHURCHILL; HENRY CHRISTADORO; JOSEPH CURRAO; JOSEPH […]

Peter M. LEAVITT and James D. Glunts, Appellants, v. George K. MORROW and United States Corporation, Appellees. No. 262.Circuit Court of Appeals, Second Circuit. April 21, 1941. Appeal from a judgment of the District Court for the Southern District of New York, dismissing a complaint. Elliot F. Glassberg, of New York City, for appellants. Sullivan […]

Timothy RICE et al., Plaintiffs-Appellees, v. AMERICAN PROGRAM BUREAU et al., Defendants-Appellants. Nos. 1032, 1041, Dockets 71-1483, 71-1538.United States Court of Appeals, Second Circuit.Argued June 1, 1971. Decided July 8, 1971. Eastman Eastman, New York City, for plaintiffs-appellees; Robert J. Osterberg, New York City, of counsel. Poletti, Freidin, Prashker, Feldman Gartner, New York City, for […]

EMILY HSU AND TIMOTHY HSU, BY AND THROUGH THEIR NEXT FRIEND, DR. CHIN-CHING HSU, PLAINTIFFS-APPELLANTS-CROSS-APPELLEES v. ROSLYN UNION FREE SCHOOL DISTRICT NO. 3; MICHAEL BARKAN, IN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE ROSLYN UNION FREE SCHOOL DISTRICT BOARD OF EDUCATION; ASENATH ANDERSON, IN HER OFFICIAL CAPACITY AS Page 840 VICE PRESIDENT OF THE ROSLYN […]

JOHN DOE, PLAINTIFF-APPELLANT, v. PAUL PFROMMER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE ROCHESTER OFFICE OF VOCATIONAL EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES (VESID) AND LAWRENCE GLOECKLER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS DEPUTY COMMISSIONER OF NEW YORK STATE VESID OFFICE, DEFENDANTS-APPELLEES. No. 97-7614United States Court of Appeals, Second Circuit.Argued: March […]

ELM HAVEN CONSTRUCTION LIMITED PARTNERSHIP, Plaintiff-Counter-Defendant-Appellant, v. NERI CONSTRUCTION LLC., et al., Defendant-Counterclaim-Plaintiff-Third-Party-Plaintiff, and UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellee. No. 03-7967.United States Court of Appeals, Second Circuit.Argued: June 10, 2004. Decided: July 23, 2004. Page 97 Appeal from a judgment in the United States District Court for the District of Connecticut (Goettel, Judge) […]

Shawn W. BYRNE, Plaintiff-Appellant, v. Bonnie RUTLEDGE, in her official capacity as Vermont Commissioner of Motor Vehicles, and David Dill, in his official capacity as Vermont Secretary of Transportation, Defendants-Appellees. Docket No. 07-4375-cv.United States Court of Appeals, Second Circuit.Argued: December 8, 2008. Decided: October 8, 2010. Appeal from the United States District Court for the […]

UNITED STATES OF AMERICA, APPELLEE, v. ISRAEL HAZUT, DEFENDANT, TAL SHITRIT, DEFENDANT-APPELLANT. No. 96-1683United States Court of Appeals, Second Circuit.Submitted October 27, 1997 Decided March 25, 1998 Defendant Tal Shitrit appeals from a sentencing judgement entered October 16, 1996 in the United States District Court for the Eastern District of New York (Korman, J.), following […]

WESTWOOD PHARMACEUTICALS, INC., APPELLANT, v. NATIONAL FUEL GAS DISTRIBUTION CORPORATION, APPELLEE. No. 988, Docket 91-9157.United States Court of Appeals, Second Circuit.Argued February 11, 1992. Decided March 11, 1992. As Amended June 23, 1992. Page 86 Daniel M. Darragh, Pittsburgh, Pa. (Margaret N. Strand and Martha M. Harris, on the brief), for appellant Westwood Pharmaceuticals, Inc. […]

Adrienne Marsh LEFKOWITZ, Plaintiff-Appellant, v. The BANK OF NEW YORK, The Bank of New York, as Executor of the Estates of Nicholas and Irene Marsh, McCarthy, Fingar, Donovan, Drazen Smith Frank Streng, Defendants-Appellees. Docket No. 04-0435-cv.United States Court of Appeals, Second Circuit.Argued: February 12, 2007. Decided: June 28, 2007. Appeal from the United States District […]

UNITED STATES of America, Appellee, v. Gary WOLTMANN, Defendant-Appellant. Docket No. 10-413.United States Court of Appeals, Second Circuit.Argued: June 9, 2010. Decided: July 6, 2010. Appeal from the United States District Court for the Eastern District of New York, Piatt, J. Page 38 Richard M. Langone, Langone Associates, Levittown, NY, for Appellant. Charles P. Kelly, […]

UNITED STATES of America, Plaintiff-Appellee, v. The MEADOW BROOK CLUB, Defendant-Appellant. No. 195, Docket 24691.United States Court of Appeals, Second Circuit.Argued April 17, 1958. Decided August 6, 1958. Certiorari Denied December 15, 1958. See 79 S.Ct. 290. Page 42 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

E.R. SQUIBB SONS, INC., PLAINTIFF-APPELLEE, v. ACCIDENT CASUALTY INSURANCE CO.; AMERICAN HOME ASSURANCE CO.; ALLAN PETER DENNIS HAYCOCK; ACCIDENT CASUALTY INSURANCE CO., OF WINTERTHUR; ALBA GENERAL INSURANCE CO., LTD.; ANGLO-FRENCH INSURANCE CO., LTD.; ANGLO SAXON INSURANCE CO., LTD.; ARGONAUT-NORTHWEST INSURANCE CO.; AVIATION GENERAL INSURANCE CO.; BISHOPSGATE INSURANCE CO., LTD.; BRITISH AVIATION INSURANCE CO., LTD.; CITY […]

THE NORTHWESTERN MUTUAL LIFE INSURANCE CO., PLAINTIFF, v. HARRY OLIVER LINARD, AN UNDERWRITER AT LLOYD’S, ET AL., DEFENDANTS-APPELLEES, AND VAINQUEUR CORPORATION, DEFENDANT-APPELLANT AND CROSS-CLAIMANT. No. 614, Docket 73-2085.United States Court of Appeals, Second Circuit.Argued March 6, 1974. Decided June 6, 1974. Page 557 Richard Gyory, New York City (Robert R. Kreis, Levin, Kreis, Ruskin Gyory, […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. H. Milton NEWMAN, d/b/a H.M. Newman and Local 456, Teamsters and Chauffeurs Union, Affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL, Respondent. No. 170, Docket 21856.United States Court of Appeals, Second Circuit. Decided March 13, 1951. Petition for enforcement of an order of the […]

Bernardo A. TORRES, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee. Docket No. 03-6262.United States Court of Appeals, Second Circuit.Argued: February 1, 2005. Decided: August 3, 2005. Appeal from the United States District Court for the Southern District of New York, George B. Daniels, J. James L. Bernard, Stroock Stroock Lavan LLP, […]

THE TRAVELERS INDEMNITY COMPANY, PLAINTIFF-APPELLEE, v. HARRIET A. EITAPENCE, DEFENDANT-APPELLANT. No. 771, Docket 90-7725.United States Court of Appeals, Second Circuit.Argued December 4, 1990. Decided January 24, 1991. Allan R. Keyes (Ryan Smith Carbine, Ltd., Rutland, Vt., on the brief), for defendant-appellant. Samuel Hoar, Jr. (Pietro J. Lynn, Dinse, Erdmann Clapp, Burlington, Vt., on the brief), […]

ROSALIE HARMAN AND DIANE LAMPERT STADLER, PLAINTIFFS-APPELLEES v. THE CITY OF NEW YORK, THE HUMAN RESOURCES ADMINISTRATION, CHILD WELFARE ADMINISTRATION, MARVA HAMMONS, COMMISSIONER AND KATHRYN CROFT, EXECUTIVE DEPUTY COMMISSIONER, DEFENDANTS-APPELLANTS. No. 585, 97-7377.United States Court of Appeals, Second Circuit.Argued November 3, 1997. Decided March 19, 1998. Page 112 [1] [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

Adeniyi OGUNWOMOJU, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Adeniyi Ogunwomoju, Petitioner, v. People of the State of New York, Respondent. Docket Nos. 06-3734-pr, 06-4424-ag.United States Court of Appeals, Second Circuit.Submitted: September 19, 2007. Decided: January 7, 2008. Appeal from the United States District Court for the Southern District of New York, Michael B. Mukasey, […]

ASIATIC PETROLEUM CO. (DELAWARE), LIMITED, v. COMMISSIONER OF INTERNAL REVENUE.[*] No. 472.Circuit Court of Appeals, Second Circuit. August 16, 1935. [*] Writ of certiorari denied 56 S. Ct. 369, 80 L. Ed. ___. Page 235 Appeal from the Board of Tax Appeals. Petition by the Asiatic Petroleum Company (Delaware), Limited, to review an order of […]

UNITED STATES of America, Appellee, v. Frederick E. JACKSON, also known as Frederick Rowe, Defendant-Appellant. Docket Nos. 07-0263-cr (L), 08-4838-cr (CON).United States Court of Appeals, Second Circuit.Argued: September 27, 2010. Decided: August 4, 2011. Appeal from the United States District Court for the Southern District of New York, Lawrence M. McKenna, J., and John E. […]

UNITED STATES OF AMERICA, APPELLEE, v. JOSE ANTONIO GIRALDO, DEFENDANT-APPELLANT. No. 951, Docket 86-1487.United States Court of Appeals, Second Circuit.Argued March 27, 1987. Decided June 4, 1987. Page 206 Alfred U. Pavlis, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Aaron R. Marcu, Asst., U.S. Atty., New York City, on the […]

In re ZIMMERMANN et al. In re Z. F. ASSETS REALIZATION CORPORATION et al. No. 456.Circuit Court of Appeals, Second Circuit. July 17, 1933. Appeal from the District Court of the United States for the Southern District of New York. Page 398 In the matter of Leopold Zimmermann and others, individually and as copartners, doing […]

UNITED STATES of America, Appellee, v. Alex ELIAS, also known as Puff, Defendant-Appellant, Luis Otero, also known as Gardana, Defendant. Docket No. 01-1176.United States Court of Appeals, Second Circuit.Argued: November 26, 2001. Decided: March 25, 2002. Appeal from the Eastern District of New York, Allyne R. Ross, J. Page 184 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

GLEN BERG, ET AL., PLAINTIFFS, AND JAMIE LUBIN, ET AL., PLAINTIFFS-APPELLANTS, v. UNDERWOOD’S HAIR ADAPTION PROCESS, INC., ET AL., AND KANEKA AMERICA CORPORATION AND MONSANTO COMPANY, DEFENDANTS-APPELLEES. KANEKA AMERICA CORPORATION AND MONSANTO COMPANY, THIRD-PARTY PLAINTIFFS, v. CHRISTINE UNDERWOOD, THIRD-PARTY DEFENDANT. No. 467, Docket 84-7675.United States Court of Appeals, Second Circuit.Argued December 7, 1984. Decided December […]

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.[1] Docket No. 10-1241-cv.United States Court of Appeals, Second […]

MAGNUSSEN et al. v. OCEAN S.S. CO. OF SAVANNAH et al. No. 227, Docket 20542.Circuit Court of Appeals, Second Circuit. June 3, 1947. Appeal from the District Court of the United States for the Southern District of New York. Action for overtime compensation under § 7 of the Fair Labor Standards Act of 1938, 29 […]

James H. ANDERSON, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. No. 22.Circuit Court of Appeals, Second Circuit. December 2, 1935. Appeal from the Board of Tax Appeals. Petition for review of decision of the United States Board of Tax Appeals. Frederick E. King, of New York City (Edward L. Blackman, of New York City, of […]

UNITED STATES OF AMERICA, APPELLEE, v. DAVID BLOOM, DEFENDANT-APPELLANT. No. 1747, Docket 91-1154.United States Court of Appeals, Second Circuit.Argued July 23, 1991. Decided August 26, 1991. Gerald B. Lefcourt, New York City (Joshua L. Dratel, Gerald B. Lefcourt, P.C., of counsel), for defendant-appellant. Page 15 E. Scott Gilbert, Asst. U.S. Atty., S.D.N.Y. (Otto G. Obermaier, […]

Pietro Frasca POLARA, Plaintiff-Appellant, v. TRANS WORLD AIRLINES, INC., New York Airport Terminal Inc., and The Port of New York Authority, Defendants-Appellees. No. 56, Docket 26119.United States Court of Appeals, Second Circuit.Argued October 11, 1960. Decided November 3, 1960. Page 35 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

DONALD L. JACKSON, PLAINTIFF-APPELLANT, v. DOMTAR INDUSTRIES, INC., DEFENDANT-APPELLEE. No. 1776, Docket 93-9341.United States Court of Appeals, Second Circuit.Argued June 29, 1994. Decided September 12, 1994. Page 90 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 91 Kevin Brown, Middlebury, VT (John […]

NATURAL RESOURCES DEFENSE COUNCIL, INC., ET AL., PLAINTIFFS-APPELLEES, v. RUSSELL TRAIN, AS ADMINISTRATOR OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY, AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY, DEFENDANTS-APPELLANTS. No. 146, Docket 76-6075.United States Court of Appeals, Second Circuit.Argued September 16, 1976. Decided November 10, 1976. Page 321 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

PABELLON v. GRACE LINE, Inc. (COSTON SUPPLY CO. et al., third- and fourth-party defendants). No. 264, Docket 22000.United States Court of Appeals, Second Circuit.Argued June 5, 1951. Decided July 26, 1951. Writ of Certiorari Denied December 3, 1951. See 72 S.Ct. 201. Page 170 James B. Magnor, New York City (Kirlin, Campbell Keating and Vernon […]

OSIPUK v. OCEANIC STEAM NAV. CO., Limited. No. 194.Circuit Court of Appeals, Second Circuit. April 17, 1933. Appeal from the District Court of the United States for the Southern District of New York. Libel in admiralty by Antonia Osipuk, an infant, by Stephen Osipuk, her guardian ad litem, against the Oceanic Steam Navigation Company, Limited, […]

NEW YORK TRAP ROCK CORPORATION Appellee, v. THE Steam Tug EDWIN H. MEAD, Her Engines, etc., CORNELL STEAMBOAT COMPANY, Appellant. THE Yacht SAVARONA, Her Engines, Etc., Thomas W. LAMONT et al., as Executors, etc., Appellees, v. Edward COYKENDALL, Appellant. No. 62.Circuit Court of Appeals, Second Circuit. December 4, 1933. Appeal from the District Court of […]

UNITED STATES of America, Appellee, v. Carlo MARTINO, also known as John Gary, Defendant-Appellant. Docket No. 01-1301.United States Court of Appeals, Second Circuit.Argued: November 30, 2001. Decided: June 21, 2002. Appeal from the United States District Court for the District of Vermont, William K. Sessions III, J. Page 347 Gene Primomo, Assistant Federal Public Defender […]

WEST v. RADIO-KEITH-ORPHEUM CORPORATION. No. 354.Circuit Court of Appeals, Second Circuit. April 30, 1934. Page 622 Appeal from the District Court of the United States for the Southern District of New York. Suit by Alfred West against the Radio-Keith-Orpheum Corporation, for which the Irving Trust Company was appointed receiver. From an order granting the receiver’s […]

WOMEN IN CITY GOVERNMENT UNITED, BARBARA ROBERTSON, LESLIE BOYARSKY, JACQUELIN GROSS, ARLENE FRIEDMAN, ROBERT SUSSMAN, ALICIA CANTELMI, PAMELA MILLS, SUSAN PASS, LINDA ZISES, EMILY BLITZ, SUSAN PADWEE, ELAINE JUSTIC, EULA CARTER AND LINDA SHAH, ON BEHALF OF THEMSELVES AND OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS, v. THE CITY OF NEW YORK, ABRAHAM BEAME AS MAYOR OF THE […]

NORMAN RICH ET AL., PLAINTIFFS-APPELLANTS, v. NEW YORK STOCK EXCHANGE ET AL., DEFENDANTS-APPELLEES. No. 676, Docket 74-2242.United States Court of Appeals, Second Circuit.Argued March 12, 1975. Decided July 8, 1975. Alfred S. Julien, New York City (Julien Schlesinger, P.C., Stuart A. Schlesinger, David A. Jaroslawicz, New York City, on the brief), for plaintiffs-appellants. Russell E. […]

In re PETRIE RETAIL, INC., Debtor. Luan Investment S.E., Appellant, v. Franklin 145 Corp., Cruz-Ponce Corp., Marianne, Ltd., formerly known as Urban Acquisition Corp., GG Retail, Inc., Appellees. Docket No. 01-5052.United States Court of Appeals, Second Circuit.Argued April 18, 2002. Decided September 5, 2002. Appeal from the United States Bankruptcy Court for the Southern District […]

UNITED STATES v. SIEGEL. No. 62.Circuit Court of Appeals, Second Circuit. December 10, 1945. Appeal from the District Court of the United States for the District of Connecticut. Action by the United States against Theodore Karl Siegel to cancel the defendant’s certificate of naturalization on the ground of fraud in its procurement. From a judgment […]

Joseph VOGELSANG and George Schmits, co-partners doing business under the firm name and style of White-house Bros., Plaintiffs-Appellants, v. DELTA AIR LINES, INC., Defendant-Appellee. No. 310, Docket 27108.United States Court of Appeals, Second Circuit.Argued April 4, 1962. Decided April 30, 1962. Page 710 Simon Greenhill, New York City (Greenhill Speyer, John M. Speyer, New York […]

ZVI D., BY HIS MOTHER AND NEXT FRIEND, SHIRLEY D., APPELLANTS, v. GORDON AMBACH, INDIVIDUALLY AND AS COMMISSIONER OF EDUCATION OF THE STATE OF NEW YORK; BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK; FRANK MACCHIAROLA, INDIVIDUALLY AND AS CHANCELLOR OF THE NEW YORK CITY BOARD OF EDUCATION; CHRISTY […]

UNITED STATES of America, Plaintiff-Appellee, v. Solomon FRIED et al., Defendants, Albert FRIED, Third-Party Witness-Appellant. No. 168, Docket 31701.United States Court of Appeals, Second Circuit.Argued November 13, 1967. Decided December 4, 1967. Page 692 H. Stuart Klopper, Jamaica, N.Y., for Albert Fried, third party witness-appellant. Howard L. Stevens, Asst. U.S. Atty. (Joseph P. Hoey, U.S. […]

UNITED STATES TRUST CO. OF NEW YORK v. COMMISSIONER OF INTERNAL REVENUE. No. 235.Circuit Court of Appeals, Second Circuit. July 25, 1938. Appeal from Board of Tax Appeals. Petition by the United States Trust Company of New York, as executor u/w of George H. Bunker, deceased, to review a decision of the Board of Tax […]

Alice MILVY and Milton I. Milvy, as Trustees for Elizabeth Milvy, for and in behalf of and in the right of Associated Telephone Telegraph Company, and on behalf of all stockholders similarly situated, Plaintiffs-Appellants, v. Arthur F. ADAMS et al., Defendants-Appellees. No. 117, Docket 23251.United States Court of Appeals, Second Circuit.Argued December 17, 1954. Decided […]

Lawrence D. SULLIVAN, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. No. 90, Docket 30627.United States Court of Appeals, Second Circuit.Argued November 16, 1966. Decided December 2, 1966. Page 1008 Gabriel T. Pap, New York City, for petitioner. Howard M. Koff, Department of Justice, Washington, D.C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson and Meyer […]

JAMES C. EARL, PLAINTIFF-APPELLEE/CROSS-APPELLANT, v. BOUCHARD TRANSPORTATION CO., INC., AND TUG MARION C. BOUCHARD CORP., DEFENDANTS-APPELLANTS/CROSS-APPELLEES. Nos. 33, 93, Dockets 90-7234, 90-7256.United States Court of Appeals, Second Circuit.Argued August 27, 1990. Decided November 2, 1990. Page 1321 Paul C. Matthews, New York City, for plaintiff-appellee/cross-appellant. Page 1322 Mark F. Muller, Freehill, Hogan Mohar, New York […]

Matter of the Petition of LAKE TANKERS CORPORATION for Exoneration from or Limitation of Liability. No. 268, Docket 23965.United States Court of Appeals, Second Circuit. Petition Filed June 7, 1956. Decided August 21, 1956. On Petition for Rehearing en banc. Burlingham, Hupper Kennedy, New York City (Eugene Underwood and H. Barton Williams, New York City, […]

UNITED STATES ex rel. Robert FERRARI, Next Friend of Anna Ariani, Relator-Appellant, v. H.H. CURRAN, as Commissioner, etc., Respondent-Appellee. No. 244.Circuit Court of Appeals, Second Circuit. January 5, 1925. Appeal from the District Court of the United States for the Southern District of New York. Anthony Romano, of New York City, for appellant. William Hayward, […]

UNITED STATES OF AMERICA, APPELLEE, v. VINCENT INGENITO, APPELLANT. No. 449, Docket 75-1312.United States Court of Appeals, Second Circuit.Argued November 17, 1975. Decided March 16, 1976. Certiorari Denied June 14, 1976. Jonathan J. Silbermann, New York City (The Legal Aid Society, Federal Defender Services Unit, William J. Gallagher, New York City, on the brief), for […]

UNITED STATES v. TOSCANO. No. 76, Docket 20744.Circuit Court of Appeals, Second Circuit. March 4, 1948. Appeal from the District Court of the United States for the Eastern District of New York. From a judgment of conviction under an indictment charging the defendant and one John Casablanca (who pleaded guilty) of possessing heroin and morphine […]

HOWARD M. NEWMAN, PETITIONER, v. JOHN H. SHAFFER, ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION, AND NATIONAL TRANSPORTATION SAFETY BOARD, RESPONDENTS. No. 679, Docket 73-1086.United States Court of Appeals, Second Circuit.Argued March 20, 1974. Decided April 5, 1974. John C. Barney, Ithaca, N.Y. (Buyoucos Barney, New York City, on the brief), for petitioner. James C. Hair, Jr., Atty., […]

In the Matter of the Petition of W.E. HEDGER COMPANY, Inc., as Owner of THE Steam Tug NAT SUTTON for limitation of liability. David E. LEACH, as Owner of THE Barge BLOOMFIELD, Libelant-Appellee, v. HEDGER TRANSPORTATION COMPANY, Inc., and The Steam Tugs Nat Sutton and THE HOLBROOK, Respondent-Appellants. CANADA ATLANTIC GRAIN EXPORT COMPANY, Inc., Libelant-Appellee, […]

UNITED STATES OF AMERICA, APPELLEE, v. LOUIS BURROUS, ALSO KNOWN AS MALE JUVENILE, DEFENDANT-APPELLANT. No. 96-1301United States Court of Appeals, Second Circuit.Argued: January 13, 1997 Decided: June 4, 1998 United States District Court for the Eastern District of New York (Korman, J.), for conspiracy to commit armed robbery within the special territorial jurisdiction of the […]