Category: Second Circuit Court of Appeals Opinions

KENNETH GROCHULSKI, APPELLANT, v. ROBERT J. HENDERSON, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, APPELLEE. No. 1164, Docket 79-2245.United States Court of Appeals, Second Circuit.Argued May 21, 1980. Decided October 3, 1980. Certiorari Denied February 23, 1981. Norman Barclay, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty., New York County, Robert M. Pitler, Asst. Dist. […]

In the Matter of Carl FINGERHART, Bankrupt-Appellant; Modern Industrial Bank, Objecting Creditor-Appellee. No. 131.Circuit Court of Appeals, Second Circuit. December 23, 1941. Appeal from the District Court of the United States for the Southern District of New York. Max Rockmore, of New York City (Leo Eckman, of New York City, of counsel), for bankrupt-appellant. Samuel […]

NEW YORK CITY TRANSIT AUTHORITY, PETITIONER, v. UNITED STATES OF AMERICA AND INTERSTATE COMMERCE COMMISSION, RESPONDENTS. No. 462, Docket 87-4109.United States Court of Appeals, Second Circuit.Argued October 21, 1987. Decided December 4, 1987. Page 303 Kenneth Howard Schiffrin, Asst. Gen. Counsel, Brooklyn, N.Y. (Albert C. Cosenza, of counsel), for petitioner. Dennis J. Starks, I.C.C., Washington, […]

ELIZABETH WHEELER, ET AL., PLAINTIFFS-APPELLEES-CROSS-APPELLANTS, v. MARGARET M. HECKLER, SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, ET AL., DEFENDANTS-APPELLANTS-CROSS-APPELLEES. Nos. 1044, 1377, Dockets 82-6310, 82-6326 and 82-6328.United States Court of Appeals, Second Circuit.Argued April 28, 1983. Decided October 11, 1983. Rehearing Denied December 2, 1983. Page 596 Howard S. Scher, Appellate […]

DAUBER v. BOYAJIAN et al. No. 208.Circuit Court of Appeals, Second Circuit. February 6, 1933. Appeal from the District Court of the United States for the Eastern District of New York. Action by Wayne H. Dauber against Simon Boyajian and Jack Boyajian. From judgment for plaintiff, defendants appeal. Affirmed. Louis H. Pink and Pink McDonough, […]

UNITED STATES OF AMERICA, APPELLEE, v. FELIX BERKOVICH, DEFENDANT-APPELLANT. No. 98-1164.United States Court of Appeals, Second Circuit.Argued: December 7, 1998. Decided: January 25, 1999. Appeal from a conviction for mail fraud following a jury trial in the United States District Court for the Southern District of New York (John G. Koeltl, Judge). We affirm. Page […]

NATHANIEL CRUZ, PLAINTIFF-APPELLANT, v. MARITIME COMPANY OF PHILIPPINES, DEFENDANT-APPELLEE. No. 857, Docket 82-7785.United States Court of Appeals, Second Circuit.Argued February 9, 1983. Decided March 10, 1983. Florrie L. Wertheimer, New York City, for plaintiff-appellant. John R. Geraghty, New York City (John P. James, Healy Baillie, New York City, of counsel), for defendant-appellee. Appeal from the […]

STAR INDUSTRIES, INC., Plaintiff-Appellant, v. BACARDI COMPANY LIMITED, Bacardi U.S.A., and Anheuser-Busch, Inc., Defendants-Appellees. Docket Nos. 04-0831-CV(L), 04-1753-CV(CON).United States Court of Appeals, Second Circuit.Argued: December 17, 2004. Decided: June 22, 2005. Appeal from the United States District Court for the Southern District of New York, Harold Baer, Jr., J. Page 374 [EDITORS’ NOTE: THIS PAGE […]

UNITED STATES OF AMERICA, APPELLEE, v. JOSE ORTIZ, A/K/A “CHOLE”, A/K/A “CHARLIE”; CHRISTINE RIVERA, A/K/A VIRGINIA RIVERA, A/K/A “VIRGINIA”; MIGUEL MARRERO, A/K/A “MIKE”; FRANK TRAYNHAM; IVAN MENDOZA; WITHBERTO CEPEDA, DEFENDANTS, JUAN NIEVES, A/K/A, “JOHNNY”, DEFENDANT-APPELLANT. No. 96-1183United States Court of Appeals, Second Circuit.Argued: September 23, 1997 Decided: May 8, 1998 Defendant Juan Nieves appeals from […]

CALVIN HARDEE, PETITIONER-APPELLANT, v. ROBERT KUHLMAN, ACTING SUPERINTENDENT, WOODBOURNE CORRECTIONAL FACILITY, RESPONDENT-APPELLEE. No. 871, Docket 78-2018.United States Court of Appeals, Second Circuit.Argued May 1, 1978. Decided August 7, 1978. Robert W. Stieve, White Plains, N.Y. (The Legal Aid Society of Westchester County), for petitioner-appellant. Robert A. Forte, Asst. Atty. Gen. of the State of N.Y., […]

Charles H. MEARS, Plaintiff, v. J.M. GIDDING CO., Inc., Defendant, and Jessie Farquharson and Margaret Wheelock, Appellants. No. 374.Circuit Court of Appeals, Second Circuit. June 1, 1925. Appeal from the District Court of the United States for the Southern District of New York. Appeal from final order in Equity entered in the District Court for […]

Joanne KAMERLING, Plaintiff-Appellant, v. Larry G. MASSANARI, Acting Commissioner of the Social Security Administration,[*] Defendant-Appellee. Docket No. 00-6268.United States Court of Appeals, Second Circuit.Argued: June 21, 2002. Decided: July 03, 2002. [*] During the pendency of this appeal, Larry G. Massanari became the Acting Commissioner of Social Security. Pursuant to Rule 25(d)(1) of the Federal […]

In re PRUDENCE CO., Inc. In re AMALGAMATED PROPERTIES, Inc. Application of PRESIDENT AND DIRECTORS OF MANHATTAN CO. No. 360.Circuit Court of Appeals, Second Circuit. May 3, 1937. Page 690 Appeal from the District Court of the United States for the Eastern District of New York. Proceeding in the matter of the Prudence Company, Incorporated, […]

UNITED STATES OF AMERICA, APPELLANT, v. LAI MING TANU, APPELLEE. No. 223, Docket 78-1255.United States Court of Appeals, Second Circuit.Argued September 14, 1978. Decided November 17, 1978. Page 83 Glenn B. Kritzer, Asst. U.S. Atty., Eastern District of New York, Brooklyn, N.Y. (David G. Trager, U.S. Atty., and Harvey M. Stone, Asst. U.S. Atty., Eastern […]

UNITED STATES of America, Appellee, v. Alfredo AVILES, Charles Barcellona, Charles Di Palermo, Joseph Di Palermo, Natale Evola, Vito Genovese, Vincent Gigante, Daniel Lessa, Nicholas Lessa, Rocco Mazzie, Carmine Polizzano, Ralph Polizzano, and Salvatore Santora, Defendants-Appellants. No. 370, Docket 27377.United States Court of Appeals, Second Circuit.Argued April 16, 1964. Decided October 16, 1964. Page 553 […]

Eleanor CAPPADORA, as Administratrix of the Estate of Agnes Penzner, deceased, and as General Guardian of the person, and property of Susan Jonica Penzner and Penny Dawn Penzner, infants, Plaintiff-Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant-Appellee. No. 17, Docket 29647.United States Court of Appeals, Second Circuit.Submitted October 18, 1965. Decided […]

UNITED STATES of America, Appellee, v. Frederick ROSENSTEIN, Appellant. No. 53, Docket 34803.United States Court of Appeals, Second Circuit.Argued September 14, 1970. Decided November 9, 1970. Certiorari Denied February 22, 1971. See 91 S.Ct. 910. Daniel J. Sullivan, Jay S. Horowitz, Asst. U.S. Attys., Whitney North Seymour, Jr., U.S. Atty., for appellee. Phylis S. Bamberger, […]

COMPUTER ASSOCIATES INTERNATIONAL, INC., PLAINTIFF-APPELLANT-CROSS-APPELLEE, v. ALTAI, INC., DEFENDANT-APPELLEE-CROSS-APPELLANT. No. 762, Dockets 91-7893, 91-7935.United States Court of Appeals, Second Circuit.Argued January 9, 1992. Decided June 22, 1992. Amended Opinion December 17, 1992. Page 694 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. WALTER R. CONLIN, DEFENDANT-APPELLANT. No. 648, Docket 76-1346.United States Court of Appeals, Second Circuit.Argued January 10, 1977. Decided March 17, 1977. Page 535 Michael R. Wolford, Rochester, N.Y. (Nixon, Hargrave, Devans Doyle, Rochester, N.Y., of counsel), for defendant-appellant. Eugene Welch, Rochester, N.Y. (Richard J. Arcara, U.S. Atty. W. D. […]

Walter G. HAYES, as Administrator of the Goods, Chattels and Credits of Helen Hayes, Deceased, Plaintiff-Appellee, v. The LANE CONSTRUCTION CORPORATION, Defendant-Appellant. No. 45, Docket 25157.United States Court of Appeals, Second Circuit.Argued October 10, 1958. Decided October 21, 1958. John M. Henley, Syracuse, N.Y. (Vincent A. O’Neil and Costello, Cooney Fearon, Syracuse, N.Y., on the […]

CLARK’S ESTATE v. COMMISSIONER OF INTERNAL REVENUE. No. 136, Docket 21153.United States Court of Appeals, Second Circuit. March 16, 1949. Appeal from Tax Court. Petition by the estate of Henry W. Clark, Alleyne Clark, executrix, for review of a decision of the Tax Court, 10 T.C. 1107, redetermining deficiency in estate tax imposed by the […]

Arthur R. MARTIN, Libelant-Appellant, v. UNITED STATES, Respondent-Appellee. Addie M. MARTIN, Libelant-Appellant, v. UNITED STATES, Respondent-Appellee. Nos. 42, 43.Circuit Court of Appeals, Second Circuit. November 14, 1927. Appeals from the District Court of the United States for the Southern District of New York. James G. Graham, of New York City (John G. Poore, of New […]

FRIENDS OF THE EARTH ET AL., PETITIONERS, v. THE U.S. ENVIRONMENTAL PROTECTION AGENCY AND NELSON ROCKEFELLER, IN HIS CAPACITY AS GOVERNOR OF NEW YORK, RESPONDENTS. No. 895, Docket 73-2038.United States Court of Appeals, Second Circuit.Argued April 24, 1974. Decided July 1, 1974. Page 1119 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

UNITED STATES of America, Appellee, v. Lance SAMARIA, aka Lance Samarie, Eric Rondell Glover, Defendants, Frank Elaiho, Defendant-Appellant. No. 00-1244.United States Court of Appeals, Second Circuit.Argued November 8, 2000. Decided January 23, 2001. Appeal from the United States District of New York, Richard M. Berman, J. Page 229 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

Ronald MASK, Petitioner-Appellee, v. Michael McGINNIS, Superintendent, Southport Correctional Facility; Dennis C. Vacco, New York State Attorney General, Respondents-Appellants. No. 99-2071.United States Court of Appeals, Second Circuit.Argued: March 7, 2000. Decided: November 15, 2000. Appeal from the United States District Court for the Southern District of New York, Denny Chin, J. Page 133 [EDITORS’ NOTE: […]

UNITED STATES of America, Appellee, v. Joseph ABBINANTI, Appellant. No. 135, Docket 28978.United States Court of Appeals, Second Circuit.Submitted October 28, 1964. Decided November 12, 1964. John T. Curtin, U.S. Atty., Western District of New York, Buffalo, N.Y., on the brief, for appellee. Joseph Abbinanti, pro se. Before LUMBARD, Chief Judge, and HAYS and MARSHALL, […]

FERNANDO ROJAS, PLAINTIFF-APPELLANT, v. ALEXANDER’S DEPARTMENT STORE, INC., DEFENDANT-APPELLEE. No. 91, Docket 90-7306.United States Court of Appeals, Second Circuit.Argued September 13, 1990. Decided November 29, 1990. Page 407 Eleanor Jackson Piel, New York City, for plaintiff-appellant. Dennis M. Wade (White, Fleischner Fino, New York City, of counsel), for defendant-appellee. Appeal from the United States District […]

UNITED STATES OF AMERICA, APPELLANT, v. SECURITY NATIONAL BANK, DEFENDANT-APPELLEE. No. 282, Docket 76-1283.United States Court of Appeals, Second Circuit.Argued September 27, 1976. Decided December 6, 1976. Edward R. Korman, Chief Asst. U.S. Atty., Brooklyn, N.Y. (David G. Trager, U.S. Atty., Eastern District of New York, Brooklyn, N.Y., Robert F. Katzberg, Asst. U.S. Atty., New […]

UNITED STATES of America, Appellee, v. Michael LA BARBARA, Hugh Callan, Dominick Piccirillo and Alexander Piccirillo, Defendants-Appellants. No. 147, Docket 25898.United States Court of Appeals, Second Circuit.Argued December 7, 1959. Decided January 4, 1960. Page 548 Louis Kaye, New York City, and Charles A. Stanziale, Newark, N.J., for appellants, Louis Kaye, New York City, on […]

JOSEPH TRICHILO, PLAINTIFF-APPELLEE, v. SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT-APPELLANT. No. 1129, Docket 87-6023.United States Court of Appeals, Second Circuit.Argued May 14, 1987. Decided June 26, 1987. Page 703 Jay S. Bybee, Appellate Staff Civil Div., U.S. Dept. of Justice, Washington, D.C. (Richard K. Willard, Asst. Atty. Gen., William Kanter, U.S. Dept. of Justice, […]

UNITED STATES OF AMERICA, APPELLEE, v. WONG CHING HING, DEFENDANT-APPELLANT. No. 408, Docket 88-1322.United States Court of Appeals, Second Circuit.Argued November 15, 1988. Decided February 6, 1989. Page 755 Richard Ware Levitt, New York City, for defendant-appellant. Catherine E. Palmer, Brooklyn, N.Y., Asst. U.S. Atty., for E.D. of N.Y. (Andrew J. Maloney, U.S. Atty., for […]

FORD MOTOR COMPANY, Plaintiff in Error (Defendant Below), v. Leo MROZINSKI, Defendant in Error (Plaintiff Below). No. 12.Circuit Court of Appeals, Second Circuit. October 15, 1928. In Error to the District Court of the United States for the Southern District of New York. Nicoll, Anable Nicoll, of New York City (De Lancey Nicoll, Jr., of […]

MEYER et al. v. KANSAS CITY SOUTHERN RY. CO. et al. No. 416.Circuit Court of Appeals, Second Circuit. June 22, 1936. Appeal from the District Court of the United States for the Southern District of New York. Suit by Walter E. Meyer, suing on behalf of himself and other stockholders of the St. Louis Southwestern […]

COMMISSIONER OF INTERNAL REVENUE v. GODFREY. SAME v. FIRST NAT. BANK OF BRIDGEPORT, CONN. Nos. 201, 202.Circuit Court of Appeals, Second Circuit. May 18, 1931. Appeal from the United States Board of Tax Appeals. Proceeding before the Board of Tax Appeals between the Commissioner of Internal Revenue and Jonathan Godfrey and the First National Bank […]

THE OREGON. No. 271.Circuit Court of Appeals, Second Circuit. April 6, 1925. Page 969 Appeal from the District Court of the United States for the Southern District of New York. Libels by the Jarvis Shipping Corporation and by the Jersey City Dry Docks Company, Inc., against the lighter Oregon, her tackle, etc. Decree in each […]

In re O’BRIEN. No. 483.Circuit Court of Appeals, Second Circuit. June 24, 1935. Appeal from the District Court of the United States for the Western District of New York. In the matter of James O’Brien, farmer-debtor. Proceedings for a composition or extension under the Bankruptcy Act § 75, 11 USCA § 203. From an order […]

UNITED STATES v. GUARANTY TRUST CO. OF NEW YORK et al. No. 294.Circuit Court of Appeals, Second Circuit. April 1, 1935. Appeal from the District Court of the United States for the Southern District of New York. Bill by the United States against the Guaranty Trust Company of New York and another, trustees under the […]

WILLIAMS v. SAWYER BROS, Inc. No. 416.Circuit Court of Appeals, Second Circuit. July 17, 1931. Appeal from the District Court of the United States for the Southern District of New York. Action by Clark Williams and others against Sawyer Bros., Inc. From a judgment dismissing the complaint, but disallowing the premium paid on a bond […]

James Victor SALEM, Plaintiff-Appellee, v. UNITED STATES LINES COMPANY, Defendant-Appellant. No. 397, Docket 26875.United States Court of Appeals, Second Circuit. July 11, 1962. Remanded from the Supreme Court of the United States, 82 S.Ct. 1119. Walter X. Connor, New York City (Kirlin, Campbell Keating, and James P. O’Neill, New York City, on the brief), for […]

UNITED STATES OF AMERICA, APPELLEE, v. YAHYA M. AHMED, ALSO KNOWN AS YAHA M. AHMAED, ALSO KNOWN AS AHMED M. YAHYA, DEFENDANT-APPELLANT. No. 147, Docket 92-1225.United States Court of Appeals, Second Circuit.Argued September 30, 1992. Decided November 25, 1992. Page 162 Samuel A. Abady, New York City (Henry L. Saurborn, Jr., Kurzman Karelsen Frank, of […]

POSR A. POSR, PLAINTIFF-APPELLANT v. COURT OFFICER SHIELD #207, COURT OFFICER KING SHIELD #6385, SAP 1 CLERK OF THE COURT WILSON PEREZ, NEW YORK STATE OFFICE OF COURT ADMINISTRATION, N.Y.C. CIVIL COURT JUDGE LILA GOLD, JOHN DOE, JANE DOE, DEFENDANTS-APPELLEES. No. 98-9205United States Court of Appeals, Second Circuit.Argued: April 22, 1999 Decided: June 9, 1999 […]

SHELTER REALTY CORP., 101-103 PARK AVENUE, INC., PENN SEVENTH REALTY CORP., 600 GROUP 54TH STREET, PLAINTIFFS-APPELLEES, v. ALLIED MAINTENANCE CORP., ALLIED BUILDING AND AIRPORT SERVICES, INC., ALPINE INDUSTRIES, INC., ANCHOR CLEANING SERVICE, INC., ARCADE CLEANING CONTRACTORS, INC., COASTAL ENTERPRISES, INC., EASTERN MAINTENANCE SERVICE, INC., MacLEAN SERVICE COMPANY, INC., NATIONAL KINNEY CORPORATION, PRUDENTIAL BUILDING MAINTENANCE CORPORATION, […]

Walter L. BRYANT, as Trustee, etc., Plaintiff Appellee, v. STATE BANK, Defendant Appellant. No. 86.Circuit Court of Appeals, Second Circuit. November 16, 1925. Appeal from the District Court of the United States for the Southern District of New York. Arthur Leonard Ross, of New York City, for trustee. Max Silverstein, of New York City (Abraham […]

NATIONAL LABOR RELATIONS BOARD v. AMERICAN TUBE BENDING CO. No. 196.Circuit Court of Appeals, Second Circuit. April 5, 1943. Proceeding by the National Labor Relations Board against the American Tube Bending Company for an order of the Circuit Court of Appeals to compel respondent’s compliance with an order of the National Labor Relations Board entered […]

SHEEHAN et al. v. MUNICIPAL LIGHT POWER CO. et al. No. 293.Circuit Court of Appeals, Second Circuit. July 24, 1945. Page 66 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 67 Appeal from the District Court of the United States for the […]

RAYMOND J. DONOVAN, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, APPELLEE. v. WALTER C. MEHLENBACHER, APPELLANT. No. 1278, Docket No. 80-6216.United States Court of Appeals, Second Circuit.Argued April 29, 1981. Decided May 27, 1981.[*] [*] This appeal was originally heard on April 29, 1981, and was decided by order dated May 27, 1981. Such […]

UNITED STATES OF AMERICA, APPELLEE, v. JAMES V. CANESTRI, APPELLANT. No. 1138, Docket 75-1143.United States Court of Appeals, Second Circuit.Argued June 20, 1975. Decided June 30, 1975. Page 270 Thomas F. Maxwell, Jr., Asst. U.S. Atty., D. Conn., Bridgeport, Conn. (Peter C. Dorsey, U.S. Atty., D. Conn., on the brief), for appellee. Ira B. Grudberg, […]

Sheryl P. BROADNAX, Plaintiff-Appellee, v. CITY OF NEW HAVEN, Defendant-Appellant. No. 04-2196-CV.United States Court of Appeals, Second Circuit.Argued: May 26, 2005. Decided: July 20, 2005. Appeal from the United States District Court for the District of Connecticut, 2004 WL 491069. Page 266 Norman A. Pattis, Esq., Williams Pattis, New Haven, CT, Appearing for Plaintiff-Appellee. Charles […]

ROYAL INS. CO., Limited, et al. v. UNITED STATES et al. No. 187.Circuit Court of Appeals, Second Circuit. February 1, 1937. Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Royal Insurance Company, Limited, and others against the United States and another, to […]

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. J.W. MAYS, INC., Respondent. No. 76, Docket 29497.United States Court of Appeals, Second Circuit.Argued November 12, 1965. Decided March 2, 1966. Page 694 Leonard M. Wagman, Atty., National Labor Relations Board (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Nancy M. […]

UNITED STATES v. EDELSON. No. 348.Circuit Court of Appeals, Second Circuit. May 4, 1936. Appeal from the District Court of the United States for the Western District of New York. Proceeding by the United States against Edward Edelson, who filed a petition directed Page 405 against the United States attorney and Martin O. Hanson, investigator […]

UNION CARBIDE AGRICULTURAL PRODUCTS CO., INC. ET AL., PLAINTIFFS-APPELLEES, v. DOUGLAS M. COSTLE, AS ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY AND UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, DEFENDANTS-APPELLANTS. No. 921, Docket 79-6200.United States Court of Appeals, Second Circuit.Argued April 3, 1980. Decided September 24, 1980. Page 1015 Michael H. Dolinger, Asst. U.S. Atty., New York City […]

OLIVER AMERICAN TRADING CO., Inc., v. GOVERNMENT OF THE UNITED STATES OF MEXICO et al. No. 96.Circuit Court of Appeals, Second Circuit. December 15, 1924. Page 660 In Error to the District Court of the United States for the Southern District of New York. Action by the Oliver American Trading Company, Inc., against the Government […]

In re DOOLEY et al. No. 195.Circuit Court of Appeals, Second Circuit. March 9, 1931. Appeal from the District Court of the United States for the Southern District of New York. In the matter of the petition and application of Joseph M. Dooley and others to suppress evidence and require the return of articles illegally […]

B.F. GOODRICH; UPJOHN COMPANY; DOW CORNING CORPORATION, RESOURCES, INC.; REYNOLDS ALUMINUM BUILDING PRODUCTS COMPANY; UNIROYAL CHEMICAL CO., INC.; WHITE CONSOLIDATED INDUSTRIES; KERITE COMPANY; UNISYS CORPORATION; RISDON CORP.; HOECHST CELANESE CORPORATION; CADBURY BEVERAGES, INC.; COLTEC INDUSTRIES, INC.; KEN-CHAS RESERVE CO.; UNITED STATES OF AMERICA; STATE OF CONNECTICUT; NAUGATUCK GLASS CO.; NAUGATUCK TREATMENT CO., PLAINTIFFS-APPELLANTS, v. JOHN […]

Ricky BAKER, Plaintiff-Appellee, v. DAVID ALAN DORFMAN, P.L.L.C. and David A. Dorfman, Defendants-Appellants. Docket No. 00-7954.United States Court of Appeals, Second Circuit.Argued: October 3, 2000. Decided: November 7, 2000. Appeal from the United States District Court for the Southern District of New York, Denise Cote, J. Clyde Jay Eisman, New York, NY, for defendants-appellants. Gregory […]

Mortimer W. LOEWI and Lillian B. Loewi, Appellants, v. Raymond F. RYAN and Rea Forhan Pedrick, Administratrix of William J. Pedrick, deceased, Appellees. Mortimer W. LOEWI and Lillian B. Loewi, Appellants, v. Denis J. McMAHON, Appellee. Nos. 100, 101, Dockets 23707, 23708.United States Court of Appeals, Second Circuit.Argued November 17, 1955. Decided January 25, 1956. […]

MITCHELL EXCAVATORS, INC. BY JOSEPH MITCHELL, SHAREHOLDER, PLAINTIFF-APPELLANT, v. WILLIAM MITCHELL, CAROL MITCHELL, JOHN MITCHELL, ROBERT KNOWLES, HELEN KNOWLES AND JOHN FLAHERTY, DEFENDANTS-APPELLEES. No. 1022, Docket 83-5050.United States Court of Appeals, Second Circuit.Submitted April 5, 1984. Decided May 11, 1984. Page 130 Christopher C. Noble, Hartford, Conn., for plaintiff-appellant. Jerome E. Caplan, Hartford, Conn. (Rogin, […]

THE GOLDEN BUDHA CORPORATION, PLAINTIFF-APPELLANT, v. THE CANADIAN LAND COMPANY OF AMERICA, N.V., A CORPORATION, ET AL., DEFENDANTS, THE CANADIAN LAND COMPANY OF AMERICA, N.V., A CORPORATION; HERALD CENTER LTD., A CORPORATION; N.Y. LAND (CF8), LTD., N.V., A CORPORATION; MANHATTAN LAND CO., INC., A CORPORATION; N.Y.L., INC., INDIVIDUALLY AND DOING BUSINESS AS THE NEW YORK […]

AMR SERVICES CORPORATION (AMR), PLAINTIFF-APPELLANT, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS (“IBT”); INTERNATIONAL BROTHERHOOD OF TEAMSTERS AIRLINE DIVISION (“IBT AIRLINE DIVISION”); WILLIAM F. GENOESE, INDIVIDUALLY AND AS DIRECTOR OF IBT AIRLINE DIVISION; JACKIE PRESSER, INDIVIDUALLY AND AS GENERAL PRESIDENT OF IBT, DEFENDANTS-APPELLEES. No. 1330, Docket 87-7370.United States Court of Appeals, Second Circuit.Argued June 8, 1987. Decided […]

Walter W.D. HEANEY, James J. Barile, Frank P. Mechler, B.L. Black, Reginald Gold and Barry Markson, Plaintiffs-Appellants, v. James E. ALLEN, Commissioner of Education of the State of New York, Julius Dintenfass, Bernard Lewis, Mahlon Blake, C. Gorham Beckwith, John B. Long and Sam J. Pilliero, constituting the State Board of Chiropractic Examiners, Howard J. […]

UNITED STATES v. FELDMAN. No. 180.Circuit Court of Appeals, Second Circuit. June 8, 1943. Page 395 Appeal from the District Court of the United States for the Southern District of New York. Samuel H. Feldman was convicted under Criminal Code § 215, 18 U.S.C.A. § 338, of using the mails for the purpose of executing […]

CONSOLIDATED EDISON, INC., Plaintiff-Counterclaim Defendant-Appellee-Cross-Appellant, v. NORTHEAST UTILITIES, Defendant-Counterclaim Plaintiff-Crossclaim Plaintiff-Appellant-Cross-Appellee, and Robert Rimkoski, individually and on behalf of all others similarly situated, Intervenor Defendant-Counterclaim Plaintiff-Crossclaim Defendant-Appellee-Cross-Appellee. Docket Nos. 04-5393(L)-CV, 04-5394(XAP)-CV.United States Court of Appeals, Second Circuit.Argued: June 8, 2005. Decided: October 12, 2005. Appeal from the United States District Court for the Southern District […]

FIDELITY DEPOSIT CO. OF MARYLAND v. BURDEN (two cases). Nos. 130, 131.Circuit Court of Appeals, Second Circuit. February 4, 1929. Page 611 In Error to the District Court of the United States for the Southern District of New York. Actions by the Fidelity Deposit Company of Maryland, surety on two supersedeas bonds, to recover on […]

LONG ISLAND LIGHTING COMPANY, PLAINTIFF-APPELLANT-CROSS-APPELLEE, v. IMO INDUSTRIES INC., DEFENDANT-APPELLEE-CROSS-APPELLANT, AND STONE WEBSTER ENGINEERING CORP., DEFENDANT-APPELLEE. Nos. 768, 1467, Dockets 92-7773, 92-7893.United States Court of Appeals, Second Circuit.Argued January 7, 1993. Decided September 22, 1993. Page 877 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

Katharine T. HYDE, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. No. 218, Docket 27145.United States Court of Appeals, Second Circuit.Argued February 21, 1962. Decided April 5, 1962. Page 280 George A. Burrell, New York City (Wolf Burrell, New York City, on the brief), for petitioner. Giora Ben-Horin, Atty., Dept. of Justice, Washington, D.C. (Louis F. […]

Nan Marie KONE, Petitioner, v. Eric H. HOLDER, Jr., United States Page 142 Attorney General,[*] Respondent. Docket No. 08-1445-ag.United States Court of Appeals, Second Circuit.Argued: August 31, 2009. Decided: February 25, 2010. [*] Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted as respondent in this case. […]

LINCOLN CERCPAC, ET AL., PLAINTIFFS-APPELLANTS, v. HEALTH AND HOSPITALS CORPORATION, ET AL., DEFENDANTS-APPELLEES. No. 97-9280United States Court of Appeals, Second Circuit.Argued: April 30, 1998 Decided: June 10, 1998 Appeal from the September 10, 1997, judgment of the United States District Court for the Southern District of New York (Constance Baker Motley, Judge) dismissing, for failure […]

IN THE MATTER OF NATIONAL HOSPITAL AND INSTITUTIONAL BUILDERS COMPANY, A PARTNERSHIP, DEBTOR. NATIONAL HOSPITAL INSTITUTIONAL BUILDERS CO., PLAINTIFF, JAMES L. GARRITY, TRUSTEE OF THE DEBTOR, APPELLANT, v. PHILIP GOLDSTEIN, NEW YORK CITY DEPT. OF BUILDINGS, AND NEW YORK CITY BOARD OF STANDARDS APPEALS, DEFENDANTS-APPELLEES. No. 1301, Docket 81-5009.United States Court of Appeals, Second Circuit.Argued […]

Ernest KLEIN, Plaintiff-Appellant, v. WALSTON CO., Inc., Defendant-Appellee. No. 142, Docket 34735.United States Court of Appeals, Second Circuit.Argued October 26, 1970. Decided October 29, 1970. Ernest Klein, pro se. Robert W. Cinque, New York City (Jackson, Nash, Brophy, Barringer Brooks, New York City, of counsel), for defendant-appellee. Before MOORE, FRIENDLY and ADAMS,[*] Circuit Judges. [*] […]

AIR LINE PILOTS ASS’N, INTERNATIONAL et al. v. CIVIL AERONAUTICS BOARD. Docket 23137.United States Court of Appeals, Second Circuit.Argued July 2, 1954. Decided July 8, 1954. Page 123 Samuel J. Cohen and Henry Weiss, New York City, for Air Line Pilots Ass’n, International, et al., petitioners. Stanley N. Barnes, Asst. Atty. Gen., Ralph S. Spritzer, […]

Jane M. FANNING (Formerly Jane M. Husting), Appellee, v. Joseph J. CONLEY, Jr., as District Director of Internal Revenue for the District of Connecticut, Appellant. No. 166, Docket 29923.United States Court of Appeals, Second Circuit.Argued January 13, 1966. Decided February 11, 1966. Thomas Silk, Jr., Atty., Dept. of Justice, Washington, D.C. (John B. Jones, Jr., […]

THOMAS H. GOSNELL, PLAINTIFF-APPELLANT, v. FEDERAL DEPOSIT INSURANCE CORPORATION; SOUTH STREET SEAPORT MUSEUM, DEFENDANTS-APPELLEES. No. 1426, Docket 91-7129.United States Court of Appeals, Second Circuit.Argued May 2, 1991. Decided July 10, 1991. Page 373 Eugene VanVoorhis, Rochester (Robert J. Sant, VanVoorhis VanVoorhis, of counsel), for plaintiff-appellant. Christopher J. Bellotto, Counsel, Federal Deposit Ins. Corp., Washington, D.C. […]

DON W. STEPHENS, COMMISSIONER OF INSURANCE OF THE COMMONWEALTH OF KENTUCKY, IN HIS CAPACITY AS LIQUIDATOR OF DELTA AMERICA RE INSURANCE COMPANY, PLAINTIFF-APPELLEE, v. NATIONAL DISTILLERS AND CHEMICAL CORPORATION, A FOREIGN CORPORATION, NOW KNOWN AS QUANTUM CHEMICAL CORPORATION, DEFENDANT-APPELLANT, ROBERT EDWARD NORTON, AN INDIVIDUAL, JOHN FRANCIS SALISBURY, HUGH C. BREWER, III, AN INDIVIDUAL, RICHARD F. […]

UNION TANK CAR COMPANY, Plaintiff-Appellee, v. Jakob ISBRANDTSEN, Defendant-Appellant, American Export Industries, Inc., Third-Party Defendant-Appellant. Nos. 258, 259, Docket 33765, 33766.United States Court of Appeals, Second Circuit.Argued September 8, 1969. Decided September 12, 1969. Page 97 Joseph Lotterman New York City (John D. Fassett, New Haven, Conn. and John Borst, Jr., Chicago, Ill., of counsel), […]

HART v. DAN CHASE TAXIDERMY SUPPLY CORP. No. 97-7993.United States Court of Appeals, Second Circuit. June 5, 1998. Appeal from the N.D.N.Y., 967 F.Supp. 70. Decision without published opinion. Affirmed.

GLOBAL INTERNATIONAL AIRWAYS CORP. AND AMERICAN TRANS AIR, INC., PLAINTIFFS-APPELLEES, AND UNITED STATES OF AMERICA, ELIZABETH HANFORD DOLE, SECRETARY OF TRANSPORTATION, J. LYNN HELMS, ADMINISTRATOR OF THE FEDERAL AVIATION ADMINISTRATION, AND ARISTA INTERNATIONAL AIRLINES, PLAINTIFFS-INTERVENORS-APPELLEES, v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, ALAN SAGNER, ROBERT F. WAGNER, JOSEPH F. CULLMAN, JERRY FITZGERALD […]

SHERRY SOULES, HOUSING OPPORTUNITIES MADE EQUAL, INC. OF BUFFALO, PETITIONERS, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, MARY JEAN DOWNS AND PROFESSIONAL REALTY SERVICES, INC., RESPONDENTS. No. 1135, Docket 91-4192.United States Court of Appeals, Second Circuit.Argued March 17, 1992. Decided June 25, 1992. Page 818 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

CORN EXCHANGE BANK TRUST CO. et al. v. EMPIRE TRUST CO. et al. No. 226, Docket 22580.United States Court of Appeals, Second Circuit.Argued May 11, 1953. Decided July 20, 1953. Page 31 Nathaniel L. Goldstein, Atty. Gen. of New York, for appellant People of State of New York; Wendell P. Brown, Sol. Gen., Albany, N […]