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EASTERN GAS & FUEL ASSOCIATES v. KNEIDINGER

No. 4374.

175 F.2d 775 (1949)

EASTERN GAS & FUEL ASSOCIATES v. Johann F. KNEIDINGER.

United States Court of Appeals First Circuit.

July 18, 1949.

Attorney(s) appearing for the Case

Seymour P. Edgerton, Boston, Mass. (Bingham, Dana & Gould Boston, Mass., on the brief), and Leavenworth Colby, Admiralty and Shipping Section, Department of Justice, Washington, D. C., for appellant.

Thomas L. Mackin, Boston, Mass., for appellee.

H. G. Morison, Asst. Atty. Gen., J. Frank Staley, Sp. Asst. to the Atty. Gen., Admiralty and Shipping Section, Department of Justice, brief for the United States as Amicus Curiae.

Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and WYZANSKI, District Judge.

PER CURIAM.

On the authority of Cosmopolitan Shipping Co., Inc., v. McAllister, 1949, 69 S.Ct. 1317, and Fink v. Shepard S. S. Co. (Gaynor v. Agwilines, Inc.), 1949, 69 S.Ct. 1330, the judgment of the District Court is set aside and the case is remanded to that court for the entry of a judgment for the defendant on both counts of...

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