Case law

Brown & Sharpe Mfg. Co. v. KAR Engineering Co.

59 F. Supp. 820 · District Court, D. Massachusetts · Feb 14, 1945

The patent was issued to that company which gave an exclusive license to plaintiff, Brown and Sharpe Manufacturing Company. … If it were not for Cuno Engineering Corporation v. Automatic Devices Corporation, 314 U.S. 84 , 62 S.Ct. 37 , 86 L. Ed. 58 and the line of authority which it has engendered, see, for example, Anderson Co. v.

Hamilton v. Planning Board of Beverly

35 Mass. App. Ct. 386 · Massachusetts Appeals Court · Sep 28, 1993

For that reason a planning board may limit the number of lots in a subdivision. Cf. Gifford v. Planning Bd. of Nantucket, 376 Mass. 801, 807-808 (1978); SMI Investors (Del.), Inc. v. Planning Bd. of Tisbury, 18 Mass. … Smalley v. Planning Bd. of Harwich, 10 Mass. App. Ct. 599, 602-605 (1980). Restrictions in an approved subdivision plan are binding on a building inspector. See Ma-rino v. Board of Appeal of Beverly, 2 Mass. App.

Soucy v. Contributory Retirement Appeal Board

69 Mass. App. Ct. 558 · Massachusetts Appeals Court · Jul 13, 2007

Two years later she sought but was denied accidental disability retirement benefits by the Massachusetts Teachers’ Retirement Board (board). … Hoffman v. Howmedica, Inc., 373 Mass. 32, 37 (1977), cited and quoted in State Bd. of Retirement v. Boston Retirement Bd., 391 Mass. 92, 94 (1984), and Leary v.

Anderson v. Planning Board of Norton

56 Mass. App. Ct. 904 · Massachusetts Appeals Court · Oct 11, 2002

The board urges us to consider the appeal as if from a final order, under the guidance found in Federman v. Board of Appeals of Marblehead, 35 Mass. App. … Based on a de nova review of the facts and consideration of the reasons given by the board to support its decision, see Pendergast v.

Varella v. Contributory Retirement Appeal Board

56 Mass. App. Ct. 384 · Massachusetts Appeals Court · Nov 7, 2002

The Teachers’ Retirement Board subsequently concluded formally that the compensation was not eligible for inclusion in the retirement determination, and the plaintiff appealed to the Contributory Retirement Appeal Board ( … In Hallett v.

Druzik v. Board of Health of Haverhill

324 Mass. 129 · Massachusetts Supreme Judicial Court · Apr 4, 1949

As the board had this specific authority, we merely refer to the general authorization to local boards of health to “make reasonable health regulations” under G. L. (Ter. Ed.) c. … Ed.) c. 94, §§ 2, 3. 1 They rely *136 upon the familiar principle that where a subject has been fully regulated by statute, it cannot be further regulated by an administrative officer or board. They cite Commonwealth v.

Morello v. Boston Rent Control Board

14 Mass. App. Ct. 27 · Massachusetts Appeals Court · Jun 14, 1982

Levy v. Board of Registration & Discipline in Medicine, 378 Mass. 519, 524 (1979). … While the board may promulgate regulations concerning matters provided for in the Ordinance (see Commonwealth v. Baronas, 285 Mass. 321, 323 [1934]; John Donnelly & Sons v.

Connors v. Massachusetts Parole Board

187 F. Supp. 3d 338 · District Court, D. Massachusetts · May 16, 2016

Miller-El v. Cockrell, 537 U.S. 322, 327 , 123 S.Ct, 1029 , 154 L.Ed.2d 931 (2003) (citing Slack v. McDaniel, 529 U.S. 473, 484 , 120 S.Ct. 1595 , 146 L.Ed.2d 542 (2000)).

Currier v. National Board of Medical Examiners

462 Mass. 1 · Massachusetts Supreme Judicial Court · Apr 13, 2012

The board of registration in medicine (board), the Commonwealth’s licensing agency for physicians, has promulgated regulations setting forth “substantive standards governing the practice of medicine which will promote the … Co. v.

Bruzzese v. Board of Appeals of Hingham

343 Mass. 421 · Massachusetts Supreme Judicial Court · Jan 3, 1962

Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 557 . Sheehan v. Board of Appeals of Saugus, 332 Mass. 188,189 . Although one aggrieved by a decision of the board may appeal to the Superior Court under G. … See Shacka v. Board of Appeals of Chelmsford, 341 Mass. 593, 594-595 .

Murphy v. Zoning Board of Appeals

2 Mass. App. Ct. 876 · Massachusetts Appeals Court · Oct 2, 1974

The use of a board’s special permit power is discretionary, but not without limits. Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 294 (1972), and cases cited. … Adequate standards of guidance for the board must be set forth in the ordinance. MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 637-638 (1970).

Lawrence v. Board of Registration in Medicine

239 Mass. 424 · Massachusetts Supreme Judicial Court · Sep 15, 1921

People v. McCoy, 125 Ill. 289 . State v. State Board of Medical Examiners, 34 Minn. 387 . Spurgeon v. Rhodes, 167 Ind. 1 . Meffert v. Medical Board, 66 Kans. 710 ; affirmed in Meffert v. Packer, 195 U. S. 625 . Aiton v. … Board of Medical Examiners, 13 Ariz. 354 . Freeman v. State Board of Medical Examiners, 54 Okla. 531 . Traer v. State Board of Medical Examiners, 106 Iowa, 559 . State Board of Health v. Roy, 22 R. I. 538.

Ward v. Board of Aldermen of Newton

181 Mass. 432 · Massachusetts Supreme Judicial Court · May 22, 1902

See further Rutland v. County Commissioners, 20 Pick. 71 , 77, 78; Mendon v. County Commissioners, 5 Allen, 13 , 16; Commissioners of Highways v. Harper, 38 Ill. 103, 107 . … Mendon v. County Commissioners, 2 Allen, 463 .

Brown v. London & Lancashire Indemnity Co. of America

249 Mass. 511 · Massachusetts Supreme Judicial Court · Jun 12, 1924

It appeared that the suit in which the bond was given, Brown v. Green & Hickey Leather Co. 244 Mass. 168 , was filed on July 6, 1920. The State Street Trust Company was joined as a defendant. … Bank of Brighton v. Smith, 12 Allen, 243 . Rogers v. Abbot, 206 Mass. 270 . Newburyport v. Davis, 209 Mass. 126, 131 . Harmon v. Weston, 215 Mass. 242, 250 . Rowe v. Peabody, 207 Mass. 226, 237 . Exceptions overruled.

Milligan v. Board of Registration in Pharmacy

348 Mass. 491 · Massachusetts Supreme Judicial Court · Feb 8, 1965

Schware v. Board of Bar Examiners, 353 U. … See Natick, Trust Co. v. Board of Bank Incorporation, 337 Mass. 615, 616-617 ; City Bank S Trust Co. v. Board of Bank Incorporation, 346 Mass. 29, 30-32 .

Josephs v. Board of Appeals of Brookline

362 Mass. 290 · Massachusetts Supreme Judicial Court · Jul 6, 1972

Kairis v. Board of Appeal of Cambridge, 337 Mass. 528, 530-532 . Planning Bd. of Springfield v. Board of Appeals of Springfield, 338 Mass. 160, 165-166 , Shacka v. … Damaskos v. Board of Appeal of Boston, 359 Mass. 55, 62 .

MacGibbon v. Board of Appeals of Duxbury

356 Mass. 635 · Massachusetts Supreme Judicial Court · Jan 29, 1970

Lambert v. Board of Appeals of Lowell, 295 Mass. 224, 227 . Building Commr. of Medford v. C. & H. Co. 319 Mass. 273, 280-281 . Carson v. Board of Appeals of Lexington, 321 Mass. 649, 652 . Everpure Ice Mfg. Co. Inc. v. … MacGibbon v. Board of Appeals of Duxbury, 347 Mass. 690, 692 .

Benjamin v. Board of Appeals of Swansea

338 Mass. 257 · Massachusetts Supreme Judicial Court · Jan 7, 1959

Board of Appeal of Boston, 319 Mass. 180 , Everpure Ice Mfg. Co. Inc. v. Board of Appeals of Lawrence, 324 Mass. 433 , Blackman v. Board of Appeals of Barnstable, 334 Mass. 446 , and Atherton v. … Board of Appeals of Bourne, 334 Mass. 451 , rather than Marinelli v. Board of Appeal of Boston, 275 Mass. 169 , Amero v. Board of Appeal of Gloucester, 283 Mass. 45 , Tanzilli v. Casassa, 324 Mass. 113 , Rodenstein v.

Arthurs v. Board of Registration in Medicine

383 Mass. 299 · Massachusetts Supreme Judicial Court · Apr 3, 1981

Hawker v. New York, 170 U.S. 189, 197 (1898). Foster v. Police Comm’rs, 102 Cal. 483, 492 (1894). Furnish v. Board of Medical Examiners, 149 Cal. App. 2d 326, 330-331 (1957). … Compare Patty v. Board of Medical Examiners, 9 Cal. 3d 356 (1973), with Kee Wong v. State Bar of Cal., 15 Cal. 3d 528, 531 (1975).

Simmons v. Zoning Board of Appeals

60 Mass. App. Ct. 5 · Massachusetts Appeals Court · Nov 14, 2003

The plaintiffs argue that the *6 stabling of the horses violates § V-B of the ordinance. 4 The building inspector, the zoning board of appeals of Newburyport (board), and a Superior Court judge (on cross motions for summary … See Henry v. Board of Appeals of Dunstable, 418 Mass. 841, 845 (1994), discussed in note 8, supra. See also Garabedian v. Westland, 59 Mass. App. Ct. 427, 435 (2003).