S. S. Pierce Company, Plaintiff, Appellant, v. United States of America, Defendant, Appellee, 230 F.2d 610 (1st Cir. 1956)

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US Court of Appeals for the First Circuit - 230 F.2d 610 (1st Cir. 1956) March 21, 1956

Appeal from the United States District Court for the District of Massachusetts; Bailey Aldrich, Judge.

William N. Swift, Boston, Mass., with whom Henry Wheeler, III, and Hutchins & Wheeler, Boston, Mass., were on brief, for appellant.

C. Guy Tadlock, Attorney, Department of Justice, Washington, D. C., with whom H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott and Fred E. Youngman, Sp. Assts. to Atty. Gen., Anthony Julian, U. S. Atty., and Arthur I. Weinberg, Asst. U. S. Atty., Boston, Mass., were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


The judgment of the District Court is vacated, 127 F. Supp. 396, and the case is remanded to that Court for further proceedings not inconsistent with the decision of the Supreme Court of the United States of March 5, 1956, in the case of United States of America v. Leslie Salt Co., 76 S. Ct. 416.