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MALMAN v. UNITED STATES

Docket 22431.

207 F.2d 897 (1953)

MALMAN v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided May 29, 1953.

Attorney(s) appearing for the Case

Leon Malman, pro se, plaintiff-appellant.

Myles J. Lane, New York City (Joseph N. Friedman, New York City, of counsel), for defendant-appellee.

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

In our former opinion we said that, treating the United States as an "ordinary person," it had a right of set-off, based on its claims against plaintiff's client (Trimore), and that that set-off was superior to plaintiff's claim as his client's assignee. On rehearing, plaintiff directs us to New York decisions which, he asserts, hold that the lawyer's statutory lien ranks ahead of such a right of set...

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