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BECKER v. MILLER

No. 267.

7 F.2d 293 (1925)

BECKER v. MILLER et al.

Circuit Court of Appeals, Second Circuit.

March 20, 1925.

Attorney(s) appearing for the Case

Townsend & Kindleberger, of New York City (E. Crosby Kindleberger and James C. Higgins, both of New York City, of counsel), for appellant.

William Hayward, U. S. Atty., of New York City, and Adna R. Johnson, Jr., and Dean Hill Stanley, Special Asst. Attys. Gen., for appellees.

Before HOUGH, MANTON and HAND, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

We first inquire whether plaintiff, after having made the report he did, can maintain this action.

The mere making of a report is in itself nothing; it is the language thereof that counts. Schall v. Miller (C. C. A.) 287 F. 502. The report in the case cited was drawn with more care than the one at bar; for, if the report in this case be taken as a voluntary performance on the part of the plaintiff, the...

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