Inter Maritime Forwarding Co. v. United States

Dissenting- Opinion

Mollison, Judge:

Quite apart from the wrongful exclusion from evidence of plaintiff’s exhibits 6, 7, and 8 for identification, as indicated in my dissent to the order of September 12, 1960, denying plaintiff’s motion to admit the aforesaid exhibits in evidence, the motion of the plaintiff to set aside the submission in this cause should be sustained, the order of September 12, 1960, vacated, and the submission set aside.

At the time of the submission of the case, all of the facts necessary to a complete determination of the controversy were not before the court. Cf. Haase et…