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

1st Cir. | 1980-01-22
No. 79-1160
612 F.2d 1338 United States Court of Appeals for the First Circuit (1980) Positive Treatment
Cited by 48 cases

Opinion of the Court
DOOLING, 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 with the court’s opinion. Munro Drydock, Inc. v. M/V Heron, 585 F. 2d 13 (1st Cir. 1978).

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case is remanded to the district court for further proceedings before a different district judge consistent with the unpublished opinion that has been issued.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.

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


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