The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 1,019
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MEMORANDUM DECISIONS 1019
CRAMER v. UNITEI) STATES. (Circuit Court of Appeals, Ninth Circuit.
May 14, 1018.) No. 3134. In Error to the DI)strict Court of the United States
for the I)istrict of Montana. Wellington 1). Rankin and C. M. Sawyer, both
of Ilelena, Mont., for plaintiff inl error B. K. Wheeler, U. S. Atty., and
James H. Baldwin, Asst. U. S. Atty., both of Butte, Mont.
PER CUITAM. Upon motion of counsel for defendant in error, counsel for
plaintiff in error consenting, ordered, writ of error dismissed.
ELECTRIC BOAT CO. v. I"AKE TORPEDO BOAT CO. (two cases). (Cir-
cuit Court of AI)ppeals, First Circuit. May 3, 1918) Nos. 1203, 1243. Appeals
from the District Court of the United States for the District of Maine; Clar-
ence Hale, Judge. Bills by the Electric Boat Company against the Lake Tor-
pedo Boat Company. From decrees dismissing the bills, complainant appeals.
Reversed and remanded with directions. Pennie, Davis, Marvin & Edmonds,
William II. Davis, and Dean S. Edmonds, all of New York City, for appellant.
J. Edgar Bull, of New York City, for appellee. Before DODGE, BINGHAM,
and JOHNSON, Circuit Judges.
PER CURIAM. These are appeals from decrees granting motions by the
defendant below to dismiss the plaintiff's bill. The motions were granted and
the bills dismissed on the authority of the decision of the Court of Appeals
for the Second Circuit in Marconi, etc., Co. v. Simon, 231 Fed. 1021, 145 C.
C. A. 656. Pending the plaintiff's appeal to this court, the Supreme Court has,
on March 4, 1918, revelsed the decree of the Court of Appeals in the above
case, and also the decree of the District Court thereby affirmed, and has re-
manded the case, to the end that the rights of the parties may be considered
and determined in the light of the construction given Act June 25, 1910, c.
423, 36 Stat. 851 (Comp. St. 1916, 9465), by the Supreme Court in Wm. Cramp,
etc., Co. v. Ship & Engine Bldg. Co., 240 U. S. 28, 38 Sup. Ct. 271, 621 L. Ed.
-, also decided on March 4, 1918. A petition for rehearing in the last-men-
tioned case has been denied. It is not disputed that what has been decided as
above by the Supreme Court requires us to reverse the decrees of dismissal
now before us and remand the cases for further proceedings in the District
Court. As there has never been any hearing on pleadings and proofs in
that court in either case, we follow the course indicated by the disposition
made by the Supreme Court of the above cases before it. The decrees of the
District Court are reversed, and the cases remanded to that court for consid-
eration and determination of the rights of the parties in the light of the con-
struction given the act of 1910 by the Supreme Court in the decisions referred
to in this opinion. The appellant recovers its costs of appeal.
ERBER V. UNITED STATES. (Circuit Court of Appeals, Second Circuit.
April 24, 1918) No 210 In Error to the Disitrict Court of the United States
for the Southern districtt of New York. Emil Erber u1as convicted of a viola-
tion of Criminanl Code (Act March 4. 19009, e. 3:121) A 215, :i; Stat. 11:10 (Colup.
St. 1016, 10:5i), and he brings error. Affirmed. G. E. Joseph, of New York
City, for plaintlt? in error. Francis G. Caftey, U. S. Atty., of New York City
(F. M. Roosa, Asst U. S. Atty., of New York City, of counsel), for the United
States. Before WARD, HOUGH, and MANTON, Circuit Judges.
PER CURIA.M. Judgment athrmed.
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/1034/: accessed May 28, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.