BAUMET v. UNITED STATES

No. 44, Docket 21409.

177 F.2d 806 (1949)

BAUMET v. UNITED STATES et al.

United States Court of Appeals Second Circuit.

Decided October 28, 1949.


Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett, New York City, Thomas Thacher, New York City, argued for the appellant.

Samuel Segal, New York City, and John F. X. McGohey, U. S. Atty., New York City, for appellee.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.


The facts are fully stated in the opinion of the district court, reported in 81 F.Supp. 1012.

FRANK, Circuit Judge.

The district court so interpreted the statute as to reach a result which ascribes to Congress a capricious purpose. Doubtless the court arrived reluctantly at this conclusion, for such an interpretation should be rejected unless inescapable.

On this appeal, we must assume that, were plaintiff permitted...

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