Archie Briggs v. John T. Kerrigan, Bonnie Fay v. Ray Gauthier, 431 F.2d 967 (1st Cir. 1970). · Go Syfert
Archie Briggs v. John T. Kerrigan, Bonnie Fay v. Ray Gauthier, 431 F.2d 967 (1st Cir. 1970). Cases Citing This Book View Copy Cite
51 citation events across 16 distinct courts.
Strongest positive: Recio v. Hospital Del Maestro (prd, 1995-03-30)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited as authority (rule) Recio v. Hospital Del Maestro
D.P.R. · 1995 · confidence medium
Nevertheless, “the purpose of summary judgment is not to explore all the factual ramifications of the case, but to determine whether such exploration is necessary.” Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir.1970).
discussed Cited as authority (rule) Saritejdiam, Inc. v. Excess Insurance
S.D.N.Y. · 1991 · confidence medium
The Underwriters’ Arguments Under Rule 56(e), a party adverse to a properly supported motion for summary judgment “may not rest upon the mere allegations or denials of [their] ... pleading, but [their] ... response ... must set forth specific facts showing that there is a genuine issue for trial.” See also Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir.1970) (“When a motion for summary judgment has been properly made and supported, an adverse party must set forth specific facts showing that there is a genuine issue for trial.”) The Underwriters offer two main objections in opposition…
discussed Cited as authority (rule) Smith v. Maloney
D. Mass. · 1990 · confidence medium
In one respect, however, the Court ordered further briefing since it is “the function of summary judgment ..., ‘to pierce formal allegations of facts in the pleadings’ ... and to determine whether further exploration of the [sic] 4 facts is necessary,” Hahn v. Sargent, 523 F.2d 461, 464 (1st Cir.1975), cert. denied, 425 U.S. 904 , 96 S.Ct. 1495 , 47 L.Ed.2d 754 (1976) (quoting Schreffler v. Bowles, 153 F.2d 1, 3 [10th Cir.1946], cert. denied, 328 U.S. 870 , 66 S.Ct. 1366 , 90 L.Ed. 1640 [1946], and Briggs v. Kerrigan, 431 F.2d 967, 968 [1st Cir.1970]), and that it is the Court’s duty…
cited Cited as authority (rule) Rodriguez v. Clark Color Laboratories
D.P.R. · 1990 · confidence medium
Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir.1970).
discussed Cited as authority (rule) Nike International Ltd. v. Athletic Sales, Inc.
D.P.R. · 1988 · confidence medium
Since “the purpose of summary judgment is not to explore all the factual ramifications of the case, but to determine whether such exploration is necessary,” Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir.1970), the party opposing the motion may not rest on the mere allegations or denials of his pleading, but, setting forth specific facts, Fed.R.Civ.P. 56(e), must establish the existence of an issue of fact which is material, i.e., affects the outcome of the litigation, and genuine.
discussed Cited as authority (rule) De Arellano v. Municipality of San Juan
D.P.R. · 1988 · confidence medium
Additionally, “the purpose of summary judgment is not to explore all the factual ramifications of the case, but to determine whether such exploration is necessary,” Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir.1970); therefore, the party opposing summary judgment “may not rest upon mere allegations or denials of his pleading, but his response * * * must set forth specific facts showing that there is an issue for trial.” Rule 56(e), Fed.R.Civ.P.; Over the Road Drivers, Inc. v. Transport Ins.
discussed Cited as authority (rule) In Re San Juan Dupont Plaza Hotel Fire Litigation
D.P.R. · 1988 · confidence medium
Additionally, “the purpose of summary judgment is not to explore all the factual ramifications of the case, but to determine whether such exploration is necessary,” Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir.1970); therefore, the party opposing summary judgment “may not rest upon mere allegations or denials of his pleading, but his response * * * must set forth specific facts showing that there is an issue for trial.” Rule 56(e), Fed.R.Civ.P.; Over the Road Drivers, Inc. v. Transport Ins.
discussed Cited as authority (rule) Vince v. Posadas De Puerto Rico, S.A.
D.P.R. · 1988 · confidence medium
In addition, “the purpose of summary judgment is not to explore all the factual ramifications of the case, but to determine whether such exploration is necessary,” Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir.1970); therefore, the party opposing summary judgment “may not rest upon mere allegations or denials of his pleading, but his response ... must set forth specific facts showing that there is an issue for trial.” Fed.R.Civ.P. 56(e); Over The Road Drivers, Inc. v. Transport Ins.
discussed Cited as authority (rule) Ana Maria Caeiro Palhava De Varella-Cid v. The Boston Five Cents Savings Bank, and George H. Coleman
1st Cir. · 1986 · confidence medium
Because “the purpose of summary judgment is not to explore all the factual ramifications of the case, but to determine whether such exploration is necessary,” Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir.1970), the party opposing summary judgment “may not rest upon mere allegations or denials of his pleading, but his response ... must set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e); Over The Road Drivers, Inc. v. Transport Ins.
discussed Cited as authority (rule) Mohawk Industries, Inc. v. Connecticut Sewing MacHine & Supply Co. (In Re Mohawk Industries, Inc.)
Bankr. D. Mass. · 1985 · confidence medium
“The purpose of summary judgment is to go behind the pleadings and determine whether any further exploration of the facts is really necessary.” Packish v. McMurtrie, 697 F.2d 23, 27 (1st Cir.1983) (citing Briggs v. Kerrigan, *381 431 F.2d 967, 968 (1st Cir.1970)).
cited Cited as authority (rule) In Re Digital Equipment Corp. Securities Litigation
D. Mass. · 1984 · confidence medium
Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir. 1970).
discussed Cited as authority (rule) Quincy Mutual Fire Insurance v. Abernathy
Mass. · 1984 · confidence medium
See Hahn, supra; Noyes, supra at 726-727. *87 It is the function of the judge, in ruling on the summary judgment motion, to look beyond the formal allegations of fact in the pleadings “and to determine whether further exploration of the facts is necessary.” Hahn v. Sargent, supra at 464 , citing Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir. 1970).
cited Cited as authority (rule) Martinez v. Sea Land Service, Inc.
D.P.R. · 1984 · confidence medium
Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir.1970).
cited Cited as authority (rule) Del Valle v. Marine Transport Lines, Inc.
D.P.R. · 1984 · confidence medium
Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir.1970).” Hahn, supra, at 464 .
cited Cited as authority (rule) George W. Packish v. Heather McMurtrie
1st Cir. · 1983 · confidence medium
Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir.1970).
cited Cited as authority (rule) Rodriguez v. United States
D.P.R. · 1982 · confidence medium
Briggs v. Kerrigan, 431 F.2d 967, 968 (1 Cir., 1970).
discussed Cited as authority (rule) Becton v. United States
D. Mass. · 1980 · confidence medium
Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir. 1970). at 464; accord, Maiorana v. MacDonald, 596 F.2d 1072, 1076-7 (1st Cir. 1979); Thyssen Plastik Anger KG v. Induplas, Inc., 576 F.2d 400, 401 (1st Cir. 1978).
examined Cited as authority (rule) Robbiani v. Burke (6×) also: Cited "see, e.g."
N.J. · 1978 · confidence medium
The rational basis test was applied to an attack upon the implementation of the school lunch program in Briggs v. Kerrigan, 431 F. 2d 967, 968-969 (1 Cir.1970) (upheld disparity based upon whether *392 school had previously installed kitchen facilities), but cf. Justice v. Mount Vernon Bd. of Ed., supra ( 351 F. Supp. at 1261-1262 ).
cited Cited as authority (rule) Thyssen Plastik Anger Kg v. Induplas, Inc.
1st Cir. · 1978 · confidence medium
Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir. 1970).
cited Cited as authority (rule) Lester Slotnick v. Harold Staviskey
1st Cir. · 1977 · confidence medium
This plaintiff has failed to do.” Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir. 1970).
cited Cited as authority (rule) Robert C. Hahn v. Francis W. Sargent
1st Cir. · 1975 · confidence medium
Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir. 1970).
discussed Cited as authority (rule) Kinney Kinmon Lau, a Minor by and Through Mrs. Kam Wai Lau, His Guardian Ad Litem v. Alan H. Nichols, President (2×)
9th Cir. · 1973 · confidence medium
This echoes the language of McDonald v. Board of Election Commissioners, 394 U.S. 802, 809 , 89 S. Ct. 1404, 1409 , 22 L.Ed.2d 739 (1969), that, “a legislature traditionally has been allowed to take reform ‘one step at a time, addressing itself to the phase of the problem which seems most acute to the legislative mind,’ Williamson v. Lee Optical of Oklahoma, Inc., 348 U.S. 483, 489 [ 75 S.Ct. 461, 465 , 99 L.Ed. 563 ] (1955); and a legislature need not run the risk of losing an entire remedial scheme simply because it failed, through inadvertence or otherwise, to cover every evil that mi…
discussed Cited as authority (rule) Johnson v. New York State Education Department
2d Cir. · 1971 · confidence medium
Ed. 563 ] (1955); and a legislature need not run the risk of losing an entire remedial scheme simply because it failed, through inadvertence or otherwise, to cover every evil that might conceivably have been attacked. * * ” Consistent with this theory, in Briggs v. Kerrigan, 431 F.2d 967, 969 (1st Cir. 1970), aff’g 307 F.Supp. 295 (D.Mass. 1969), the Court approved of a Boston practice of giving free lunch only to children in the secondary grades, citing “the wisdom of the reminder in Dan-dridge that the Fourteenth Amendment does not require government either to attack a program in its e…
discussed Cited as authority (rule) Daisy Johnson v. New York State Education Department
2d Cir. · 1971 · confidence medium
Ed. 563 ] (1955); and a legislature need not run the risk of losing an entire remedial scheme simply because it failed, through inadvertence or otherwise, to cover every evil that might conceivably have been attacked. * *" 32 Consistent with this theory, in Briggs v. Kerrigan, 431 F.2d 967, 969 (1st Cir. 1970), aff'g 307 F.Supp. 295 (D.Mass. 1969), the Court approved of a Boston practice of giving free lunch only to children in the secondary grades, citing "the wisdom of the reminder in Dandridge that the Fourteenth Amendment does not require government either to attack a program in its entire…
cited Cited "see" Justice v. Board of Education
S.D.N.Y. · 1972 · signal: see · confidence high
See Briggs v. Kerrigan, 307 F.Supp. 295, 299 (D.Mass.1969), aff’d, 431 F.2d 967, 968 (1st Cir. 1970) (per curiam); Ayala v. District 60 School Board, 327 F.Supp. 980, 982 (D.Col.1971).
discussed Cited "see, e.g." Salas Garcia v. Cesar Perez
D.P.R. · 1991 · signal: see also · confidence medium
See also, Briggs v. Kerrigan, 431 F.2d 967, 968 (1st Cir.1970) (“[T]he purpose of summary judgment is not to explore all the factual ramifications of the case, but to determine whether such exploration is necessary”).
cited Cited "see, e.g." Murgia v. Commonwealth of Massachusetts Board of Retirement
D. Mass. · 1972 · signal: see also · confidence medium
See also Briggs v. Kerrigan, 431 F.2d 967, 968-969 (1st Cir. 1970).
Retrieving the full opinion text from the archive…
Archie BRIGGS Et Al., Plaintiffs, Appellants,
v.
John T. KERRIGAN Et Al., Defendants, Appellees; Bonnie FAY Et Al., Plaintiffs, Appellants, v. Ray GAUTHIER Et Al., Defendants, Appellees
7542_1.
Court of Appeals for the First Circuit.
Aug 14, 1970.
431 F.2d 967
Gershon Michael Ratner, Boston, Mass., and John Cratsley, Cambridge, Mass., with whom Nicola Smith, Mark Willis, and Stephen Rosenfield were on the brief, for appellants., Raymond D. Battocchi, Atty., Dept, of Justice, with whom William D. Ruckels-haus, Asst. Atty. Gen., Herbert F. Trav-ers, Jr., U. S. Atty., and Alan S. Rosen-thal, Atty., Dept, of Justice, were on the brief, for Clifford Hardin, Secretary of Agriculture, and others, federal appellees., Alan G. MacDonald, Deputy Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., was on the brief, for William G. Saltonstall, Chairman of the Board of Education of the Commonwealth of Massachusetts, and others, state appellees., Edith W. Fine, Assistant Corporation Counsel for the City of Boston, for John T. Kerrigan, Chairman of the Boston School Committee, and others, city ap-pellees., Paul F. Hennessey, Asst. City Solicitor for the City of Somerville, for Ray Gauthier, Chairman of the Somerville School Committee, and others, city appel-lees.
Aldrich, Mc-Entee, Coffin.
Cited by 44 opinions  |  Published
PER CURIAM.

These suits seek to enjoin the operation of the school lunch programs in the Boston and Somerville school systems on the grounds that these programs violate the National School Lunch Act, 42 U.S.C. § 1751 et seq., and the Equal Protection Clause of the Fourteenth Amendment. The alleged violation consists of providing school lunches to some relatively affluent students while failing to provide such lunches to other, needier students. The district court granted summary judgment against plaintiffs in both eases. We affirm on the basis of the district court’s careful opinion in Briggs v. Kerrigan, 307 F.Supp. 295 (D.Mass.1969), adding only the following comments.

First, we think both cases were ripe for summary judgment. The undisputed evidence indicated that both Boston and Somerville provided lunches in all their high schools and junior high schools, but in only a few of their elementary schools. School officials, by deposition, explained this discrepancy on the grounds that elementary schools, being generally older and smaller than high schools, lacked the necessary facilities for preparing meals. Since the National School Lunch Act makes only limited provision for capital expense, compare 42 U.S.C. § 1759a with 7 C.F.R. § 210.6(b), providing additional facilities would require substantial expenditures of scarce local funds. Plaintiffs criticize aspects of this testimony as mere assertion and call for additional substantiation. However, the purpose of summary judgment is not to explore all the factual ramifications of the case, but to determine whether such exploration is necessary. When a motion for summary judgment has been properly made and supported, an adverse party must set forth specific facts showing that there is a genuine issue for trial. Fed.R.Civ. P. 56(e). This plaintiffs have failed to do.

Second, we reject plaintiffs’ assertion that an absolute need priority must be read into the statute in order to give effect to the Congressional intent. The statutory provision on which plaintiffs primarily rely requires state officials to disburse funds to individual schools “taking into account need and attendance”. 42 U.S.C. § 1757. In our view, this language is addressed to cases in which the limited federal funds available under 42 U.S.C. § 1753 are insufficient to satisfy all the requests for aid from schools willing and able to participate. If, however, a school is unwilling to participate or unable because of a lack of facilities, we think § 1757 permits state officials to direct funds elsewhere. Certainly, § 1757 does not require officials to hold up the lunch program in schools throughout the state because a few relatively poor schools are unable to participate.

Third, the. district court’s disposition of plaintiff’s equal protection claim has, in our opinion, been confirmed by the subsequent decision of the Supreme Court in Dandridge v. Williams, 397 U.S. 471, 90 S.Ct. 1153, 25 L.Ed.2d 491 (1970). In Dandridge, the Court reiterated the proper standard for assessing social welfare programs:

“If the classification has some ‘reasonable basis,’ it does not offend the Constitution simply because the classification ‘is not made with mathemati[*969] cal nicety or because in practice it results in some inequality.’ Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61, 78, 31 S.Ct. 337, 55 L.Ed. 369.” 397 U.S. at 485, 90 S.Ct. at 1161.

Judged by this standard, the administration of the school lunch program in Boston and Somerville seems clearly valid. Schools are classified on the basis of whether or not they can be served by existing kitchen facilities. This classification is reasonable in the light of the substantial additional expenditure required to provide new facilities, especially since school officials in both cities have decided to include kitchens and lunchrooms in new elementary schools as they are constructed. Undoubtedly, classification on the basis of schools results in some inequality among children, but this inequality cannot be cured without additional taxation or diversion of school resources from other programs which may be equally important to the poor. These considerations illustrate the wisdom of the reminder in Dandridge that the Fourteenth Amendment does not require government either to attack a problem in its entirety or not at all. 397 U.S. at 486-487, 90 S.Ct. 1153.

Affirmed.