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UNITED STATES v. RODIEK

No. 67.

120 F.2d 760 (1941)

UNITED STATES et al. v. RODIEK.

Circuit Court of Appeals, Second Circuit.

June 6, 1941.

Attorney(s) appearing for the Case

Reuben D. Silliman, of New York City (Russell C. Gay and Sherwood E. Silliman, both of New York City, of counsel), for appellant.

Mathias F. Correa, U. S. Atty., of New York City, Francis M. Shea, Asst. Atty. Gen., and Harry LeRoy Jones and Frederick L. Smith, both of Washington, D. C. (George G. Schoonmaker, Asst. U. S. Atty., of New York City, and Frederick Bernays Wiener, Sp. Asst. to Atty. Gen., of Providence, R. I., of counsel), for appellees.

Before SWAN, CHASE, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

A judgment for the plaintiffs, entered upon a directed verdict, was affirmed by this court in United States v. Rodiek, 117 F.2d 588. By petition for rehearing the appellant asks us to modify the judgment and direct the district court "to disallow the interest, determine the amount of credits to be deducted for income taxes paid to the United States which would not have been payable by a German, ascertain the proper...

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