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WOOD v. UNITED STATES

Nos. 224, 225, Dockets 23014, 23015.

213 F.2d 660 (1954)

WOOD v. UNITED STATES (two cases).

United States Court of Appeals, Second Circuit.

Decided June 4, 1954.

Attorney(s) appearing for the Case

Kelley, Drye, Newhall & Maginnes (John W. Drye, Jr., Hancock Griffin, Jr., John J. Costello, New York City, and Hewitt A. Conway, New York City, of counsel), for C. Marshall Wood and Jean M. Wood.

J. Edward Lumbard, U. S. Atty. for the Southern Dist. of New York, New York City (Thomas C. Burke, New York City, of counsel), for United States of America.

Before CLARK, FRANK and MEDINA, Circuit Judges.

FRANK, Circuit Judge.

These appeals were argued together in this court. The facts are sufficiently stated in the opinions of Judge Leibell, reported in D.C., 121 F.Supp. 764, D.C., 121 F.Supp. 769. The government appealed in both cases. The plaintiff cross-appealed in the C. Marshall Wood case.

1. The Government's Appeals in Both Cases.

The gap in statutes of limitation created...

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