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DUBIN v. UNITED STATES

No. 68-55.

363 F.2d 938 (1966)

Morris DUBIN v. The UNITED STATES.

United States Court of Claims.

July 15, 1966.

Attorney(s) appearing for the Case

George Harris, New York City, for plaintiff, Frank X. O'Donnell, Jr., New York City, attorney of record; Burke & Burke, New York City, of counsel.

Robert R. Donlan, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

Before COWEN, Chief Judge, WHITAKER, Senior Judge, and LARAMORE, DURFEE and DAVIS, Judges.

OPINION

WHITAKER, Senior Judge.

This case was originally before the court on cross-motions for summary judgment. On May 3, 1961, in an opinion delivered by Judge Madden, the court denied both motions and referred the case to the trial commissioner on the limited issue of "whether the articles here in question related to the national defense * * *." Dubin v. United States, 289 F.2d 651, 655, 153 Ct.Cl. 550, 556 (1961). Subsequently...

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