GUNN ET AL.

v.

COMMISSIONER OF INTERNAL REVENUE

Citator

Cited By (21 total)

• Iver J. Freeman v. Package Mach. Co., 865 F.2d 1331 (1st Cir. 1988)
  …to prejudgment interest in this case derives from the text of Chapter 151B and the judicial gloss interpreting the statute, it is part of the substantive right created by state law. See Hobart v. O'Brien, 243 F. 2d 735, 745 (1st Cir.), cert. denied, 355 U.S. 830, 78 S.Ct. 42, 2 L.Ed.2d 42 (1957) (Mass.Gen.L. ch. 231, § 6B, quoted supra note 6, comprises substantive state law applicable in diversity); Harmon v. Clark Equipment Co., 657 F.Supp. 873, 874 (D.Me.1987) (to like effect). We agree with the Second…
• Nimrod v. Sylvester, 369 F.2d 870 (1st Cir. 1966)
  …ction in the trial court. An order denying a motion for a new trial is not open to review on appeal unless it appears that in denying the motion, the trial court abused its discretion. Hobart v. O’Brien, 243 F. 2d 735, 741 (1st Cir.), cert. denied, 355 U.S. 830, 78 S.Ct. 42, 2 L.Ed.2d 42, rehearing denied, 355 U.S. 879, 78 S.Ct. 139, 2 L.Ed.2d 110 (1957). If the abuse of discretion is based on alleged errors in the court’s instructions, as is the case here, we cannot consider these errors on the issue of a…
• Segal v. Gilbert Color Sys., Inc., 746 F.2d 78 (1st Cir. 1984)
  …gshoremen’s Association Local 1575, 597 F. 2d 312, 313-14 (1st Cir.1979) (state prejudgment interest rule inapplicable to fair representation case brought under 29 U.S.C. § 185) with Hobart v. O'Brien, 243 F. 2d 735, 744-45 (1st Cir.), cert. denied, 355 U.S. 830, 78 S.Ct. 42, 2 L.Ed.2d 42 (1957) (prejudgment interest under state law available in diversity action). And, no other court has, to our knowledge, heretofore spoken on the availability of prejudgment interest in respect to 28 U.S.C. § 1875. It is wi…