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BRITISH-AMERICAN TOBACCO CO. v. FEDERAL RESERVE BANK

No. 252.

104 F.2d 652 (1939)

BRITISH-AMERICAN TOBACCO CO., LIMITED, v. FEDERAL RESERVE BANK OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

June 12, 1939.

Attorney(s) appearing for the Case

White & Case, of New York City (Joseph M. Hartfield and Roy H. Callahan, both of New York City, of counsel), for appellant.

Walter S. Logan, of New York City (Dean G. Acheson, of Washington, D. C., John G. Laylin, of New York City, and W. Graham Claytor, Jr., of Washington, D. C., of counsel), for appellee.

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

PER CURIAM.

We can dispose of this case upon a single issue: i. e. that the plaintiff has at most proved no more than nominal damages; for, if so, Nortz v. United States, 294 U.S. 317, 55 S.Ct. 428, 79 L.Ed. 907, 95 A.L.R. 1346, rules, as we shall show. First, however, it is necessary to consider, whether, regardless of any other question, it was proper for the district judge to dismiss the complaint and award costs against the plaintiff...

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