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MALMAN v. UNITED STATES

No. 138, Docket 22431.

202 F.2d 483 (1953)

MALMAN v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided February 16, 1953.

Rehearing Denied May 29, 1953.

Attorney(s) appearing for the Case

Leon Malman, New York City, plaintiff-appellant, pro se.

Myles J. Lane, U. S. Atty. for Southern District of New York, New York City (Joseph N. Friedman, New York City, of counsel), for United States.

Before SWAN, Chief Judge and CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. Jurisdiction.

In support of its position that the district court had no jurisdiction, defendant advances several arguments. We think that these arguments lack merit, because plaintiff, in effect, sues as Trimore's assignee by "operation of law,"2 and because the court clearly has jurisdiction of a suit by Trimore under its contract with the United States.

We think the earlier total assignment...

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