Arthur N. Olive Co. v. United States

297 F.2d 70 (1962) | Cited 20 times | First Circuit | January 16, 1962

Before WOODBURY, Chief Judge, HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, C. J.: We are asked to clarify our opinion in the above entitled case as to the scope of the issues which will be open on the remand. On the original appeal to this court, appellants raised no question as to liability for the labor and materials furnished under the contract nor for the "extras" also supplied by the use plaintiff. Their asserted errors related solely to the question of the proper measure of damages recoverable for these items. Consequently, these were the only questions with which we dealt in our original opinion, and, thus, are the only issues which will be open on remand.

Accordingly, in the interest of clarity our original mandate will be modified to read:

Judgment will be entered vacating paragraphs 1 and 2 of the amended judgment of the district court, setting aside the verdict to that extent, remanding the case to that court for a new trial to be restricted exclusively to the question of the amount of damages properly recoverable, and affirming paragraph 3 of said amended judgment.

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