UNITED STATES v. MARSH

No. 4509.

108 F.2d 558 (1939)

UNITED STATES v. MARSH et al.

Circuit Court of Appeals, Fourth Circuit.

December 23, 1939.


Attorney(s) appearing for the Case

Young M. Smith, of Washington, D. C., Atty., Department of Justice (Sterling Hutcheson, U. S. Atty., and Russell T. Bradford, Asst. U. S. Atty., both of Norfolk, Va., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Thomas E. Walsh, of Washington, D. C., Atty., Department of Justice, on the brief), for appellant.

Robert H. McNeill, of Washington, D. C. (Levin Nock Davis, of Accomac, Va., on the brief), for appellees.

Before PARKER and SOPER, Circuit Judges, and DOBIE, District Judge.


PER CURIAM.

A petition for rehearing has been filed herein raising a number of questions, most of which have been fully treated in the opinion heretofore filed. The point is stressed that under the Virginia practice unusual weight must be accorded by an appellate court to the fact that two juries have decided in favor of plaintiff. The practice which we must follow on appeal, however, is the federal and not the state practice. Under that practice, we accord great...

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