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UNITED STATES v. MICHAEL SCHIAVONE & SONS, INC.

No. 71-1194.

450 F.2d 875 (1971)

UNITED STATES of America, Appellant, v. MICHAEL SCHIAVONE & SONS, INC., Appellee.

United States Court of Appeals, First District.

Decided October 1, 1971.

Attorney(s) appearing for the Case

Leonard Schaitman, Atty., Dept. of Justice, with whom Morton Hollander, Atty., Dept. of Justice, Herbert F. Travers, Jr., U. S. Atty. and L. Patrick Gray, III, Asst. Attys. Gen., were on brief, for appellant.

Kevin M. Keating, Boston, Mass., with whom Joseph S. Oteri and Crane, Inker & Oteri, Boston, Mass., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

When this case was remanded to the district court, United States v. Michael Schiavone & Sons, Inc., 430 F.2d 231 (1st Cir. 1970), it was a new ball game with new ground rules. The district court's ruling on remand that it was too late to go into the dollar amount of the defendant's gross cost was erroneous—an error for which we take some responsibility because of a reasonable, though unintended, interpretation...

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