BRINKER-JOHNSON COMPANY v. BARNES

No. 14889.

272 F.2d 250 (1959)

BRINKER-JOHNSON COMPANY and Walter W. Johnson, Appellants, v. Wendell B. BARNES, Administrator, Small Business Administration, Appellee.

United States Court of Appeals Ninth Circuit.

October 30, 1959.


Attorney(s) appearing for the Case

Walker Lowry, San Francisco, Cal., for appellant.

Crimins, Kent, Draper & Bradley, John L. Bradley, Martin Lalor Crimmins, Sam J. Whiting, Jr., San Francisco, Cal., for appellee.

Before HEALY, ORR and CHAMBERS, Circuit Judges.


ORR, Circuit Judge.

We had this case previously and a majority of the court concluded that it was a matter for the consideration of the Court of Claims and therefore ordered it dismissed. A petition for rehearing was filed. We ordered that action on the petition be held in abeyance until the Court of Claims acted. That order had the effect of causing the action to still pend before this Court. The Court of Claims recognizing this very properly under the applicable...

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