Opinion
No. 4374.
July 18, 1949.
Appeal from the United States District Court, for the District of Massachusetts; Healey, Judge.
Seymour P. Edgerton, Boston, Mass. (Bingham, Dana Gould Boston, Mass., on the brief), and Leavenworth Colby, Admiralty and Shipping Section, Department of Justice, Washington, D.C., for appellant.
Thomas L. Mackin, Boston, Mass., for appellee.
H.G. Morison, Asst. Atty. Gen., J. Frank Staley, Sp. Asst. to the Atty. Gen., Admiralty and Shipping Section, Department of Justice, brief for the United States as Amicus Curiae.
Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and WYZANSKI, District Judge.
On the authority of Cosmopolitan Shipping Co., Inc., v. McAllister, 1949, 69 S.Ct. 1317, and Fink v. Shepard S.S. Co. (Gaynor v. Agwilines, Inc.), 1949, 69 S.Ct. 1330, the judgment of the District Court is set aside and the case is remanded to that court for the entry of a judgment for the defendant on both counts of the complaint.