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MUNRO DRYDOCK, INCORPORATED v. HERON

No. 79-1160.

612 F.2d 1338 (1979)

MUNRO DRYDOCK, INCORPORATED, Plaintiff, Appellee, v. M/V HERON, Her Engines, Equipment, and Tackle, Apparel, Furniture, and Associated Marine Services, Inc., Defendants, Appellees. Appeal of UNITED STATES of America.

United States Court of Appeals, First Circuit.

Decided January 22, 1980.

Attorney(s) appearing for the Case

Emmett B. Lewis, Atty., C. D., Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Edward F. Harrington, U. S. Atty., Boston, Mass. and William Kanter, Atty., C. D., Dept. of Justice, Washington, D. C., were on brief, for appellant.

Edward F. Harrington, New Bedford, Mass., for plaintiff, appellee, Edward Sanchez, Jr.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and DOOLING, Senior District Judge.

DOOLING, District Judge.

This case is in this court for a second time, on appeal from a second order confirming the sale of the M/V Heron on September 12, 1978, to appellee Edward Sanchez, Jr., for $7,500.1 Regrettably this second confirmation order must be reversed; the proceedings leading to the order were based upon a very material misconstruction of the order of this court remanding the case to the district court for action not inconsistent...

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