Munro Drydock, Incorporated v. Heron

Full title: MUNRO DRYDOCK, INCORPORATED, PLAINTIFF, APPELLEE, v. M/V HERON, HER…

Court: United States Court of Appeals, First Circuit

Date published: Jan 22, 1980

612 F.2d 1338 (1st Cir. 1980)

Opinion

No. 79-1160.

Argued September 12, 1979.

Decided January 22, 1980.

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.

Appeal from United States District Court, District of Massachusetts; Joseph L. Tauro, U.S. District Judge. [ 467 F. Supp. 513].

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

_ Of the Eastern District of New York, sitting by designation.

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 with the court's opinion. Munro Drydock, Inc. v. M/V Heron, on, 585 F.2d 13 (1st Cir. 1978).

1 For the district court's opinion, see Munro Drydock, Inc. v. M/V Heron, 467 F. Supp. 513 (D.Mass. 1979).

The order of confirmation is vacated and the case is remanded to the district court for further proceedings before a different district judge consistent with the unpublished opinion that has been issued.

Vacated and remanded.