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UNITED STATES v. STEINBERG

100 F.2d 405 (1938)

UNITED STATES v. STEINBERG.

Circuit Court of Appeals, Second Circuit.

December 13, 1938.

Attorney(s) appearing for the Case

Leon E. Spencer, of New York City, for the motion.

Charles Eno, of New York City (Morton Milman, of New York City, of counsel), opposed.

Lamar Hardy, U. S. Atty., of New York City, for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

PER CURIAM.

We had assumed that the parties were content to have the merits decided upon this record. The plaintiff objects, however, to a summary conclusion, and it is entitled to require the defendant to file an answer and to have the cause stand for trial or other disposition according to the Rules of Civil Procedure. Our mandate will therefore be modified so as to reverse the judgment and to direct the defendant to file such answer as he may desire within ten...

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