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SHERR v. ANACONDA WIRE & CABLE CO.

No. 286.

149 F.2d 680 (1945)

SHERR v. ANACONDA WIRE & CABLE CO.

Circuit Court of Appeals, Second Circuit.

May 25, 1945.

Attorney(s) appearing for the Case

Moses B. Sherr, of New York City, pro se.

Horace G. Hitchcock and Chadbourne, Wallace, Parke & Whiteside, all of New York City (Dwight R. Collin, of New York City, of counsel), for appellee Anaconda Wire & Cable Co.

Joseph M. Friedman, of Washington, D. C., Francis M. Shea, Asst. Atty. Gen., and John F. X. McGohey, U. S. Atty., both of New York City, and Laurence H. Axman, Asst. U. S. Atty. (Jess G. Schiffmann, of Washington, D. C., and Tobias G. Klinger, of Cleveland, Ohio, of counsel), for United States, intervenor.

Before L. HAND and CLARK, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment dismissing a complaint on motion of the defendant in an action qui tam brought before December 23, 1943 under § 232 of Title 31 U.S.C.A. The United States intervened and moved under subdivision C of that section as amended for a finding that the action had been based upon evidence and information already in the possession of the United States; and for a stay of all proceedings until the final determination of another...

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