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CROWN COAT FRONT CO. v. UNITED STATES

No. 34, Docket 29710.

363 F.2d 407 (1966)

CROWN COAT FRONT CO., Inc., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Submitted December 9, 1965.

Decided June 22, 1966.

Certiorari Granted October 10, 1966.

Attorney(s) appearing for the Case

Edwin J. McDermott, Philadelphia, Pa. (Jasper I. Manning, New York City, on the brief), for plaintiff-appellant.

Arthur M. Handler, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and Alan G. Blumberg, Asst. U. S. Atty., Southern District of New York, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS, ANDERSON and FEINBERG, Circuit Judges.

Submitted to the in banc court December 9, 1965.

Certiorari Granted October 10, 1966. See 87 S.Ct. 87.

WATERMAN, Circuit Judge (with whom Chief Judge LUMBARD, Judges MOORE and SMITH, and in a separate statement, Judge FRIENDLY, concur. Judge ANDERSON dissents in a separate opinion with whom Judges KAUFMAN, HAYS and FEINBERG concur):

Plaintiff-appellant, on July 31, 1963, commenced its action against the United States in the United States District Court...

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