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BAKER v. UNITED STATES

No. 2215.

27 F.2d 863 (1928)

BAKER et al. v. UNITED STATES et al.

Circuit Court of Appeals, First Circuit.

July 30, 1928.

Attorney(s) appearing for the Case

Nelson Gammans, of New York City (Frank Davis, Jr., Seiforde M. Stellwagen, William D. Harris, and William J. Neale, all of Washington, D. C., on the brief), for appellants.

William Cattron Rigby, of Washington, D. C. (John A. Smith, of Chicago, Ill., John L. Gay, U. S. Atty., of San Juan, Porto Rico, George C. Butte, Atty. Gen., of Porto Rico, John A. Hull, of Washington, D. C., J. A. Lopez Acosta, of San Juan, Porto Rico, and James R. Beverley, Asst. Atty. Gen., on the brief), for appellees.

Before BINGHAM and JOHNSON, Circuit Judges, and HALE, District Judge.

HALE, District Judge.

This suit in equity is before us on appeal from a decree of the United States District Court for Porto Rico, December 23, 1926, sustaining the complainant's bill of complaint and ordering a cancellation of the lease involved in the suit.

The bill of complaint states its case substantially as follows:

At all times mentioned in the bill the defendant Baker was an officer in the United States Navy, in active service in charge of...

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