L. Gillarde Co. v. Joseph Martinelli & Co.

MAHONEY, Circuit Judge.

The complainant has petitioned- for rehearing in regard to that part of our decision of May 17, 1948,1 Cir., 168 F.2d 276, in which we held that upon remand to t'he district court the respondent’s defense that the cantaloupes were not U. S. No. 1 when shipped might -be considered by way of recoupment of damages, and filed a brief -in support thereof. The United States, which has not previously participated in this case, has submitted a brief as ami-ciis curiae ■in support of the petition. The respondent in response to our -invitation filed a brief in opposition thereto.…