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BECKER STEEL CO. OF AMERICA v. CUMMINGS

No. 234.

95 F.2d 319 (1938)

BECKER STEEL CO. OF AMERICA v. CUMMINGS, Attorney General of the United States in His Official Capacity as Alien Property Custodian, et al.

Circuit Court of Appeals, Second Circuit.

March 7, 1938.

Attorney(s) appearing for the Case

Townsend, Kindleberger & Campbell, of New York City (E. Crosby Kindleberger, of New York City, of counsel), for appellant.

Lamar Hardy, U. S. Atty., and Irvin C. Rutter, Asst. U. S. Atty., both of New York City (Harry LeRoy Jones, of Washington, D. C., of counsel), for appellees.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

The bill of complaint before us in this vexed litigation is substantially the same as that before the Supreme Court in Becker Steel Company v. Cummings, 296 U.S. 74, 56 S.Ct. 15, 80 L.Ed. 54; whatever was there decided therefore controls. However, it is abundantly plain from the opinion of Mr. Justice Stone, 296 U.S. 74, at page 82, 56 S.Ct. 15, 19, 80 L.Ed. 54, that the majority of the court...

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