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UNITED STATES v. CATO BROTHERS, INC.

No. 7967.

273 F.2d 153 (1959)

UNITED STATES of America, Appellant, v. CATO BROTHERS, INC., Wilfred R. Cato, William R. Cato, and Magie L. Dunn (nee Magie L. Stone), Appellees.

United States Court of Appeals Fourth Circuit.

Decided December 14, 1959.

Attorney(s) appearing for the Case

John G. Laughlin, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., John M. Hollis, U. S. Atty., Norfolk, Va., and Samuel D. Slade, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Charles W. Laughlin and A. C. Epps, Richmond, Va. (Christian, Barton, Parker & Boyd, Richmond, Va., on the brief), for appellees.

Before SOBELOFF, Chief Judge, SOPER, Circuit Judge, and THOMSEN, District Judge.

SOPER, Circuit Judge.

This appeal is taken from an order of the District Judge whereby the defendants were released from the obligation of a judgment to pay to the United States the sum of $60,000 on condition that they pay to the United States the sum of $20,000. The judgment for $60,000 had previously been affirmed by this court and the United States appeals on the ground that the District Judge had no power to amend the judgment in this way.

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