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WOODS HOLE OCEANOGRAPHIC INST. v. UNITED STATES

Nos. 80-1780, 81-1239.

677 F.2d 149 (1982)

WOODS HOLE OCEANOGRAPHIC INSTITUTION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, First Circuit.

April 28, 1982.

Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Edward F. Harrington, U. S. Atty., Boston, Mass., Leonard Schaitman and Al J. Daniel, Jr., Attys., Dept. of Justice, Washington, D.C., on petition for rehearing, for defendant-appellant.

Don M. Kennedy, Henry C. Dinger, and Goodwin Procter & Hoar, Boston, Mass., in response to petition for rehearing, for plaintiff-appellee.

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

WYZANSKI, Senior District Judge.

Case 81-1239 involves appeals from two February 9, 1980 judgments of the district court.1 The first judgment allows Woods Hole Oceanographic Institution ["Woods Hole"] to recover from the United States government ["the government"] on its claim for a balance of unpaid charter hire for the use of R/V Alcoa Seaprobe ["Seaprobe"] during a period beginning August 2, 1977. The second judgment dismisses the government...

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