# Petition for Rehearing — Boston & Maine R. Co. v. United States

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0089%3A05

## Record

- **Collection:** Supreme Court brief
- **Document type:** Petition for Rehearing
- **Published:** January 1, 1969
- **Citation:** 396 U.S. 27

## Text

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| MUPREME COURT. U- ae ee oe

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be cic a TERM, ‘1968

UNrrep STATES OF AMERICA, :
=. No. 11, R..148a), despite the fact that it could not be so
classified on the basis of “commen usage”.

> Obviously, therefore (a) the ‘decisions below in AMP
' . were not “principally relied on” by the Government in its
Bacte-Unidisk petition and (b) to the extent there was
reliance upon the AMP decisions it-was misplaced.

"It is submitted, therefore, that this case presents no |
- material. question of law or fact to this Court while AMP ©
presents a substantial question of law. It is suggested
further that the decision in AMP has no material rele- ©
vance to the instant case because of the clear legal and me:
factual differences herein set: forth.

*

5
- For these reasons..and — jeatea in the Brief of

Claimant Difco Laboratories, Inc. in Opposition we urge ~

that rehearing be granted and that, thereupon, the peti-

‘tion for writ of‘certiorari to the-U nited States Court of —

Appeals for the.Sixth Circuit be denied. 2 :
oe ne . ' Respectfully submitted,

’
—

&

. Epwarp BROWN WILLIAMS ~—

Rees _ Counsel for. Difco
- any Laboratories, Inc. “.

“>

~ Of Counsel:

JAN EDWARD WILLIAMS:
“HARTER, CALHOUN & WILLIAMS
* Bes

| CERTIFICATE OF COUNSEL

I hereby certify, that the foregoing petition for reheat- :

ing is presented in good faith: and not for delay“and is
restricted to grounds — in —_ 58 of the rules
’ of this Court.

EDWARD BROWN WILLIAMS ;

Counsel for Difco —
Laboratories; Ine.

~ November 1968 _ | - 4

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0089%3A05. Public record. Not legal advice.