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CHAIRMAN OF U. S. MARITIME COM'N v. CALIFORNIA EAST. L.

No. 11448.

204 F.2d 398 (1953)

CHAIRMAN OF UNITED STATES MARITIME COMMISSION v. CALIFORNIA EASTERN LINE, Inc.

United States Court of Appeals District of Columbia Circuit.

Decided April 16, 1953.

Attorney(s) appearing for the Case

Messrs. Frederick N. Curley and Edward H. Hickey, Attys., Dept. of Justice, Washington, D. C., for petitioner.

Messrs. Harold B. Finn, New York City, pro hac vice, by special leave of Court, and Robert E. Kline, Jr., Washington, D. C., for respondent.

Mr. Joseph P. Tumulty, Jr., Washington, D. C., for Viking Corp., amicus curiae, filed a memorandum urging that petitioner's motion be denied.

Before CLARK, PRETTYMAN and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This is a renegotiation case, in which a motion was made by Government counsel to remand the cause to the Tax Court of the United States with instructions to vacate its decision. The ground of the motion was that the position of the Government official named as respondent in the Tax Court proceeding has been abolished and the cause has abated for want of substitution of the successor to his functions.

In 1949, the Chairman of the...

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