In Re Boston & Providence Railroad Corporation
District Court, D. Massachusetts · 1966-11-08 · cited 13×
This case concerns the long-running reorganization of the Boston & Providence Railroad Corporation under section 77 of the Bankruptcy Act, begun in 1938 after default on its debenture bonds and involving multiple plans reviewed by the Interstate Commerce Commission. After a 1960 remand for further consideration of post-approval developments, the Commission approved a 1963 plan (with amendments) under which substantially all of the debtor's assets would transfer to the New York, New Haven & Hartford Railroad, the debtor would liquidate, public stockholders would receive $110 per share, debentures would be replaced by new bonds issued by New Haven, and specified funds would cover taxes, debts, and reorganization expenses. The district court approved the plan, concluding that it is fair and equitable, affords due recognition to the rights of bondholders and stockholders, satisfies the requirements of section 77, and allocates a reasonable sum for fees and expenses after years of litigation and negotiation.
business & regulatoryfederal powerprocedure
Marine Office of America v. Manion
District Court, D. Massachusetts · 1965-05-13 · cited 9×
This case involved a subrogated insurance claim in admiralty alleging negligence by the operator of a boat that collided with a dock on Lake Winnipesaukee, New Hampshire, causing $1000 in damage. The respondent moved to dismiss for lack of subject-matter jurisdiction, contending that the lake is an inland body of water not navigable in interstate or foreign commerce. The court granted the motion after finding that the lake lies entirely within New Hampshire, is landlocked, and does not meet the test for admiralty jurisdiction established in The Daniel Ball, as no evidence showed a continuous highway for interstate water commerce.
proceduretorts & liabilityfederal power
Barksdale v. Springfield School Committee
District Court, D. Massachusetts · 1965-01-19 · cited 28×
This case was a class action brought by African American children residing in Springfield, Massachusetts, seeking a declaratory judgment and injunction against the school committee for assigning students to racially imbalanced schools in violation of the Fourteenth Amendment. The court found no deliberate intent by school officials to segregate students by race, but determined that the neighborhood-based attendance policy produced unconstitutional segregation, as evidenced by several schools with majority non-white enrollment exceeding 50 percent while others remained nearly all white. It reasoned that adherence to the neighborhood plan, though not intentionally discriminatory, resulted in segregation that must be remedied under Brown v. Board of Education and related precedents requiring equal protection. The court ordered the defendants to submit a plan by April 30, 1965, to eliminate racial concentration in elementary and junior high schools to the fullest extent possible within effective educational procedures, while retaining jurisdiction over the matter.
civil rights
Perna v. Dell Publishing Co.
District Court, D. Massachusetts · 1964-10-08 · cited 2×
The plaintiff sued Dell Publishing Co. for libel over a story published in its magazine "Front Page Detective," after the case was removed from state to federal court. The defendant moved to quash service of process and dismiss the action for lack of jurisdiction. The court allowed the motion to quash, finding that service on an employee of a subsidiary company was invalid because that individual was not an agent of the defendant. The court also granted dismissal, ruling that the New York-based defendant was not "doing business" in Massachusetts within the meaning of state law, as it maintained no assets, personnel, or operations there and relied on a subsidiary for distribution, with mere sales of magazines insufficient to establish jurisdiction under cited precedents.
procedure
McCarthy v. United States
District Court, D. Massachusetts · 1964-05-19 · cited 6×
The case involved a widow and her husband's estate seeking recovery of federal income taxes paid on payments received from the deceased executive's former employer, claiming the amounts were excludable from income as gifts under Section 102 of the Internal Revenue Code of 1954. The court held that the payments were not gifts and were properly included in taxable income. The core reasoning, following Commissioner v. Duberstein, was that the company's voluntary payments were motivated at least in part by business considerations, including recognition of the executive's contributions and the start of a plan for widows of officials, rather than solely detached and disinterested generosity.
taxes
Amalgamated Ass'n of Street, Electric Railway & Motor Coach Employees of America v. Trailways of New England, Inc.
District Court, D. Massachusetts · 1964-05-11 · cited 2×
The plaintiff Union sued under Section 301 of the Labor Management Relations Act to compel the defendant bus company to arbitrate grievances concerning the suspension of one driver and the discharge of 190 others following a work stoppage over rules on carrying standees. The company moved to dismiss, arguing that the National Labor Relations Board had exclusive jurisdiction, that the strike waived any arbitration rights and terminated the contract, and that the grievances were untimely or insufficiently specific. The court granted the Union's motion for summary judgment and denied the company's motion. It held that the broad arbitration clause covering all grievances over interpretation and application of the agreement, including discharges, applied to these disputes, that doubts must be resolved in favor of arbitrability, that NLRB jurisdiction is not exclusive, and that any procedural objections or questions about breach should be decided by the arbitrator rather than the court.
labor & employment
Chermesino v. Vessel Judith Lee Rose, Inc.
District Court, D. Massachusetts · 1962-11-07 · cited 11×
This case involved a lawsuit by the administratrix of a fishing vessel mate's estate against the vessel's corporate owner under the Death on the High Seas Act for damages from his death, plus funeral expenses under another statute. The mate was killed when rigging fell due to a latent defect in an iron shackle pin, rendering the vessel unseaworthy, though the parties stipulated there was no negligence. The court held that the Death on the High Seas Act permits recovery for unseaworthiness as a breach of warranty without requiring proof of negligence or culpability, interpreting the statutory language of 'wrongful act, neglect, or default' to encompass such claims based on precedents construing similar wrongful death statutes. It awarded $77,236 in damages under the Act, allocated between the widow and child, plus agreed funeral costs, rejecting arguments based on the decedent's part-ownership status or inspection duties.
torts & liability
Freight Drivers & Helpers Local Union 557 v. Quinn Freight Lines, Inc.
District Court, D. Massachusetts · 1961-06-21 · cited 6×
This case involved a union's lawsuit under Section 301 of the Labor Management Relations Act seeking specific performance of an arbitration clause in a collective bargaining agreement with a trucking company. The union alleged that the company had created a new route without negotiating with it and had instead assigned the work to members of another local union, refusing to process the matter through the contract's grievance procedures. The court denied the company's motion to dismiss for lack of jurisdiction and its request to file an answer, while granting the union's motion for summary judgment. It held that the dispute was arbitrable under the agreement's broad arbitration clause covering any disagreement pertaining to relations between union members and operators. The court reasoned that federal district courts have jurisdiction to enforce arbitration agreements under Section 301 even where the underlying conduct might also involve matters within the National Labor Relations Board's authority, as the Board's role is limited to enforcing the Act rather than policing contracts.
labor & employmentfederal power
Moger v. WHDH, INC.
District Court, D. Massachusetts · 1961-05-01 · cited 4×
The case involved a claim of copyright infringement by plaintiff Art Moger against defendant WHDH, Inc., alleging unauthorized use of his 'About Faces' puzzle game materials originally published in Hearst newspapers and compiled in a 1935 book. The court granted the defendant's motion for summary judgment. It reasoned that the copyright notices on the newspaper cartoons were defective because they used the © symbol without the name of the copyright proprietor as required by statute, and the notice in the book was invalidly placed on the inside back page rather than the title page or following page. These failures meant the materials lacked enforceable copyright protection under the applicable provisions of Title 17.
property
Pittsfield National Bank v. United States
District Court, D. Massachusetts · 1960-03-03 · cited 22×
This case involved a dispute over whether estate taxes were properly assessed on the value of a trust established by the decedent's deceased wife, where the decedent had the right to request principal based on his needs. The court held that the power to invade the trust principal was not a general power of appointment under Section 2041 of the Internal Revenue Code of 1954 because it was limited by an ascertainable standard relating to the decedent's needs. The reasoning relied on Massachusetts law interpreting the trust language as restricting invasion to situations of actual financial or physical necessity, considering the context of the trust's creation for a wealthy decedent with substantial other assets.
taxes
American Homes of New England, Inc. v. United States
District Court, D. Massachusetts · 1959-03-12 · cited 8×
The case involved American Homes of New England seeking a refund of federal employment taxes paid on the earnings of workers who installed roofing and siding for the company. The court had to determine if these applicators were employees or independent contractors under federal tax law. The court ruled that they were independent contractors, entitling the plaintiff to a refund. The decision rested on the common-law test that the company controlled only the result of the work, not the details and methods, as the workers set their own hours, provided their own tools, worked without supervision, and could refuse assignments.
taxeslabor & employmentbusiness & regulatory
Mann Chemical Laboratories, Inc. v. United States
District Court, D. Massachusetts · 1958-12-29 · cited 12×
The case concerned a government contract dispute in which Mann Chemical Laboratories agreed to sell water purification tablets to the United States but faced disagreements over excusable delays in delivery and damages from government delays in accepting shipments. After administrative denials by the contracting officer, the Armed Services Board of Contract Appeals, and the Comptroller General, the plaintiff sued under 28 U.S.C. § 1346(a)(2), alleging the findings lacked substantial evidence. At the pre-trial stage, the court resolved whether the plaintiff could present new evidence in a trial de novo or was limited to the administrative record. The court held that the proceeding would be confined to reviewing the existing record to assess whether the administrative decision was supported by substantial evidence. This conclusion followed from the language of 41 U.S.C. §§ 321-322, the technical meaning of the substantial-evidence standard, and legislative history linking the statute to the Administrative Procedure Act's on-the-record review framework.
business & regulatoryprocedure
Unistrut Corporation v. Power
District Court, D. Massachusetts · 1958-12-18 · cited 3×
The case centered on disputes between Unistrut Corporation and its former New England distributor, James Power, who started competing companies using similar metal framing systems, with claims including unfair competition, infringement of two patents, copyright and trademark infringement, and breach of contract. The court ruled that the defendants engaged in unfair competition by misleading customers through copied designs, equivalent parts numbering, and continued use of Unistrut references after termination; the basic patent was valid and infringed while the nut patent was invalid due to prior publication and public use; one catalog copyright was infringed but the trademark was not; and the contract was breached as it was supported by consideration. It granted injunctions against further unfair competition and infringement of the valid patent and copyright, ordered an accounting of profits, and awarded costs and fees, while retaining the damages issue for contract breach.
business & regulatoryproperty
Herman Schwabe, Inc. v. United Shoe MacHinery Corp.
District Court, D. Massachusetts · 1958-05-09 · cited 9×
The case concerned a subpoena duces tecum issued in a private treble-damages antitrust action under the Sherman and Clayton Acts, seeking the 1947 grand jury testimony of plaintiff Herman Schwabe to impeach his deposition statements; the government moved to quash on grounds of grand jury secrecy and privilege under Rule 6(e). The court denied the motion to quash. It reasoned that the grand jury had been discharged more than ten years earlier, ending the temporary secrecy guarantee when disclosure serves the interests of justice; the plaintiff had placed his own prior testimony in issue by claiming it may have been false or incomplete; and plaintiff's counsel, a former Antitrust Division attorney, already possessed knowledge of the minutes from the earlier government civil case. The court held that Rule 6(e) imposes no independent privilege on the Attorney General and that the Federal Rules of Civil Procedure favor production of relevant evidence in these circumstances.
criminal lawprocedurebusiness & regulatory
State Street Trust Co. v. United States
District Court, D. Massachusetts · 1958-03-19 · cited 12×
The case involved the executors of Milton L. Cushing's estate seeking to recover alleged overpayments of estate taxes from the Commissioner, who had included the value of three trusts in the gross estate. The court determined that the 1949 transfers creating new trusts were not made in contemplation of death, but that the trusts were includable in the estate under sections 811(c) and (d) of the 1939 Internal Revenue Code due to powers reserved by the decedent as co-trustee. Specifically, the power to exchange trust assets without a determinable standard allowing court oversight meant the decedent retained control over the property's enjoyment until his death. The core reasoning was that such reserved powers caused a shift of economic benefits at death, triggering estate tax inclusion.
taxesproperty
La Rouche v. United Shoe MacHinery Corporation
District Court, D. Massachusetts · 1958-01-30 · cited 13×
The case involved a plaintiff suing United Shoe Machinery Corporation for damages under federal antitrust laws, alleging injury from the defendant's monopoly in shoe machinery while the plaintiff competed in manufacturing, marketing, and later research and consulting. The court granted the defendant's motion for judgment on the pleadings, finding the action barred by the four-year statute of limitations for any claims arising before April 1953 and ruling that the complaint failed to state a valid antitrust cause of action for the period after 1946. The core reasoning was that direct competition between the parties ended in 1946 so pre-1953 claims were untimely, the plaintiff's post-1946 consulting business could not suffer direct injury from manufacturing monopolization, and the alleged conduct such as refusing to provide price lists or dealing directly with customers did not violate the Sherman Act.
business & regulatoryprocedure
McPhail v. LS Starrett Company
District Court, D. Massachusetts · 1957-12-05
In this diversity jurisdiction case, shareholder McPhail sued to enjoin LS Starrett Company's employee stock option plan, alleging it was illegal because the options lacked consideration, dividends could not be used toward payment, it would dilute other shareholders' rights, it involved proxy misstatements, and it was designed to entrench management. The court rejected each claim after a bench trial, ruling that the short-term, at-market options granted to all eligible employees were mere offers without independent value under Massachusetts law, that installment purchases secured by pledged shares and dividends were expressly permitted, and that majority shareholder approval plus treasury stock purchases addressed dilution concerns. It further found no evidence of misrepresentations and insufficient proof that control perpetuation was the plan's principal aim. The court entered judgment for the company, holding the plan legal and validly adopted.
business & regulatory
Dehaan v. Brandeis University
District Court, D. Massachusetts · 1957-04-12 · cited 7×
The case involved a graduate student at Brandeis University who sued after the school withdrew his fellowship and scholarship award and barred his re-registration, following his protest letter about the award's inadequacy and his conditional acceptance. The student sought an injunction or damages, claiming the university could not dismiss him summarily without a hearing. The court granted the university's motion to dismiss, holding that a private institution's catalog regulation reserving the right to sever a student's connection for appropriate reasons permitted dismissal without a hearing or charges. It reasoned that determinations of appropriate reasons and student qualifications are left to university authorities, with no legal requirement for hearings in private schools under Massachusetts law or precedent, unlike certain public school cases.
procedurecivil rights
United States v. Socony Mobil Oil Company
District Court, D. Massachusetts · 1957-03-20 · cited 3×
This case involved five indictments against Socony Mobil Oil Company for allegedly violating the Sherman Act by using rebates, discounts, and rent abatements to fix the retail prices of its gasoline sold by dealers. The court dismissed the indictments, ruling that the McGuire Act exempted such agreements from antitrust laws when they involve trademarked commodities in free competition and are permitted under state law. The reasoning centered on interpreting the McGuire Act to cover gasoline containers like underground tanks and pumps bearing the brand, finding no requirement for ongoing fair trade agreements, and noting that Massachusetts law historically allowed producers to set resale prices for trademarked goods.
business & regulatorycriminal law
Puente v. President and Fellows of Harvard College
District Court, D. Massachusetts · 1957-02-26 · cited 3×
The case involved a lawsuit by J. Irizarry y Puente against Harvard College and its Law School dean, alleging that the defendants converted his idea for a loose-leaf tax service covering Latin American countries and deceived him into disclosing it through correspondence in 1950. The plaintiff sought damages after Harvard later developed a foreign tax information project with the United Nations. The court granted the defendants' motion for summary judgment without reaching most of their other arguments. It held that ideas qualify as property rights only if novel and original, but the plaintiff's admitted concept mirrored existing U.S. tax services like those from Prentice-Hall and Commerce Clearing House, and evidence showed foreign tax services were already available, so the plaintiff had no protectable rights.
propertyprocedure
