Circuit Court of Appeals, First Circuit.https://leagle.com/images/logo.png
July 8, 1948.
July 8, 1948.
Attorney(s) appearing for the Case
Henry J. Stein, of Boston, Mass., and Harold S. Lansing and Blanksten & Lansing, all of Chicago, Ill., for petitioner.
Silvio Martinelli and Emerson S. Searle, both of Springfield, Mass., for appellee.
William T. McCarthy, U. S. Atty., of Boston, Mass., J. Stephen Doyle, Jr., Sp. Asst. to Atty. Gen., and Neil Brooks, Acting Associate Sol., U. S. Department of Agriculture, and James E. Horton, Atty., U. S. Department of Agriculture, both of Washington, D. C., for the United States, amicus curiae.
Before MAHONEY, and WOODBURY, Circuit Judges and PETERS, District Judge.
Circuit Court of Appeals, First Circuit.
MAHONEY, Circuit Judge.
The complainant has petitioned for rehearing in regard to that part of our decision of May 17, 1948, 1 Cir., 168 F.2d 276, in which we held that upon remand to the district court the respondent's defense that the cantaloupes were not U. S. No. 1 when shipped might be considered by way of recoupment of damages, and filed a brief in support thereof. The United States, which has not previously participated in...
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