SHERMAN B. RUTH, INC. v. THE O.S.V. MARIE AND WINIFRED

No. 53-69.

155 F.Supp. 37 (1957)

SHERMAN B. RUTH, Inc. v. THE O.S.V. MARIE and WINIFRED.

United States District Court D. Massachusetts.

September 16, 1957.


Attorney(s) appearing for the Case

Philip Tartas, Gloucester, Mass., for plaintiff and intervening petitioner, Cape Ann.

Robert G. Hennemuth, Law Dept. Raytheon Mfg. Co., Waltham, Mass., for petitioner Raytheon Mfg. Co.

Anthony Julian, U. S. Atty., Asst. U. S. Atty. John M. Harrington, Jr., Boston, Mass., for petitioner The United States.

Richard D. Sears, III, Boston, Mass., for libellant.


FORD, District Judge.

Following the previous opinion in this case (D.C., 150 F.Supp. 630), the United States moved for rehearing and the taking of additional evidence. At the time of hearing on this motion the court also received provisionally the evidence offered by the parties. The motion for rehearing is now allowed and the evidence then taken is admitted.

The evidence offered by the United States consisted of an explanation...

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