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Frank Jerome Murray

United States District Court for the District of Massachusetts district Retired 1977 · served 1967–1977 Appointed by Lyndon B. Johnson (Democratic) 20 signed orders read

Judge Murray no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Murray decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Murray treated irreversible physical change as a powerful reason to preserve the status quo while statutory review remained incomplete.

“it is clear that the act of demolition is irrevocable.”

Murray gave weight to serious past securities violations and conduct that ceased only after an investigation began when assessing the risk of recurrence.

“The cessation of AIM’s and Jarvis’ association with AIRCO only when SEC had undertaken an investigation is not persuasive on the disclaimer of future intent”

Procedural preferences

Murray denied intervention where adding state-law questions would complicate and delay resolution of the original federal controversy.

“the number and complexity of state court issues which would be brought into this case were intervention to be allowed and the unnecessary delay their resolution would cause the original controversy, persuade the court that permissive intervention would be improvident.”

Murray limited review of agency fee decisions to legality and rationality rather than substituting the court's preferred result.

“the court is not permitted to substitute its judgment for that of the administrator.”

Cautions

Murray found class treatment unsuitable where liability depended on whether each purchaser acted under coercion or by voluntary choice.

“The determination of whether a particular purchase involves coercion or voluntary choice necessarily focuses on the individual purchaser.”

Murray distinguished protected opposition to discrimination from immunity against legitimate employment consequences unrelated to discrimination.

“Title VII does not provide protection to an employee regardless of the adequacy of his job performance, and does not insulate an employee from the risk of termination of his employment by filing charges against the employer or opposing unfair practices.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Dubeau v. Commanding Officer, Naval Reserve Center, Boston, Massachusetts
Preliminary injunction (petitioner) Denied

“Accordingly, the application for injunctive relief is denied.”

DiCostanzo v. Hertz Corp.
Class certification (plaintiff) Denied

“Accordingly, the court orders under Rule 23(c)(1) that the action is not to be maintained as a class action.”

United States v. Massachusetts Maritime Academy
Motion to intervene (Massachusetts Commission Against Discrimination) Denied

“Accordingly, for the reasons stated, the court hereby vacates its Order of November 24, 1976 and denies the motion of the Massachusetts Commission Against Discrimination to intervene in these proceedings.”

Motions to dismiss (defendants) Moot / procedural

“In view of this order the court deems it unnecessary to consider further the motion to dismiss.”

United States v. DiLaura
Motions to dismiss (defendant) Denied

“an order shall enter denying the motion on all grounds alleged therein.”

Boston Waterfront Residents Association, Inc. v. Romney
Preliminary injunction (plaintiffs) Granted

“The Boston Redevelopment Authority is hereby restrained from proceeding with the demolition of the buildings in Parcel C-2 of the redevelopment plan, on Fulton Street, Boston, until further order of the court.”

Securities & Exchange Commission v. J & B Industries, Inc.
Preliminary injunction (Securities and Exchange Commission) Granted

“the injunctive relief is granted.”

Robinson & Sons, Inc. v. Mister Donut of America, Inc.
Motion to amend (plaintiff) Granted

“The motion to amend is allowed.”

Walsh v. Picard
Habeas petition (petitioner) Denied

“Accordingly, the court dismisses the petition and denies the writ.”

Gastall v. Resor
Mandamus petition (plaintiff) Granted

“A judgment shall be entered declaring plaintiff’s undesirable discharge and reduction in grade invalid, and directing defendant to cause plaintiff’s application for the correction of his record to be reconsidered consistent with this memorandum.”

Columbia Packing Co. v. United States Department of Agriculture
Preliminary injunction (plaintiff) Granted

“the defendants are enjoined from further proceedings in the case of In re Columbia Packing Company, Inc., FMIA Docket No. 2, PPIA Docket No. 1, until they have complied with the foregoing order of the court.”

Hehir v. Shell Oil Co.
Class certification (plaintiff) Denied

“Accordingly, the plaintiff’s motion for an order determining that this suit is maintainable as a class action is denied.”

Silva v. Romney
Preliminary injunction (plaintiffs) Granted

“It is, therefore, ordered that defendants take no action to aid in the construction of the Forest Glen project pending further order of the court.”

Caseload & timing

From public federal docket records for this judge.

No historical case-level docket records were found by an exact-name docket search, so no caseload mix, pending-versus-terminated count, or case-duration estimate is reported.

A historical record

Judge Murray no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.