United States Court of Appeals First Circuit.https://leagle.com/images/logo.png
Heard May 3, 1949.
Decided June 28, 1949.
Attorney(s) appearing for the Case
Claude L. Dawson, Washington, D. C. (Joseph F. Dolan, Boston, Mass., on the brief), for appellants.
Eugene T. Maher, Attorney, Department of Justice, Washington, D. C. (H. G. Morison, Assistant Attorney General, George F. Garrity, U. S. Attorney, Boston, Mass., Edward H. Hickey, Special Assistant to the Attorney General, and Harry Bergson, Jr., Assistant U. S. Attorney, Boston, Mass., with him on brief), for appellees.
Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and LINDLEY (by special assignment), District Judge.
United States Court of Appeals First Circuit.
LINDLEY, District Judge.
Following the decision of this court on the first appeal, 168 F.2d 825, when the cause was remanded with directions to the District Court to rule upon grounds advanced by defendants in support of their motion to dismiss other than those involved at that time, including the averment of lack of jurisdiction, the trial court, on December 17, 1948, filed a memorandum wherein it held that, inasmuch as the complaint...
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