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LURK v. UNITED STATES

No. 669.

366 U.S. 712 (1961)

LURK v. UNITED STATES.

Supreme Court of United States.

Decided May 29, 1961.

Attorney(s) appearing for the Case

Eugene Gressman argued the cause and filed a brief for petitioner.

Oscar H. Davis argued the cause for the United States. With him on the brief were Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Philip R. Monahan.

By special leave of Court, Francis M. Shea argued the cause for the Judges of the Court of Claims, as amici curiae. With him on the brief was Richard T. Conway.

Bennett Boskey filed a brief for Mark Coppedge, Jr., as amicus curiae, urging reversal.

PER CURIAM.

The judgment of the Court of Appeals is reversed and the case is remanded to that court. Ellis v. United States, 356 U.S. 674.

MR. JUSTICE FRANKFURTER, whom MR. JUSTICE HARLAN and MR. JUSTICE STEWART join, dissenting.

In my view Ellis v. United States, 356 U.S. 674, on the basis of which the case is sent back to the Court of

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