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UNITED STATES v. DISTRICT COURT

Docket No. 19396.

171 F.2d 285 (1948)

UNITED STATES v. DISTRICT COURT FOR SOUTHERN DISTRICT OF NEW YORK.

United States Court of Appeals Second Circuit.

December 1, 1948.

Attorney(s) appearing for the Case

Leonard J. Emmerglick of Washington, D. C., for petitioner.

William Watson Smith, of Pittsburgh, Pa., opposed.

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

PER CURIAM.

We dismissed the plaintiff's petition on October 28, 1947, because we thought that it was properly a part of a second possible appeal in the action, over which we should have no jurisdiction.1 The Supreme Court granted certiorari, and reversed our order,2 holding that, regardless of whether it would have jurisdiction over a second appeal — a question as to which it reserved judgment —...

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