UNITED STATES v. EBINGER

No. 151, Docket 31656.

386 F.2d 557 (1967)

UNITED STATES of America, Plaintiff-Appellee, v. Tobias EBINGER, doing business under the name of N. Roth Plumbing & Heating Co., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 5, 1967.


Attorney(s) appearing for the Case

Vincent A. Catoggio, New York City (Purdy, Lamb & Catoggio, New York City, Eugene L. Sugarman, New York City, of counsel), for appellant.

Lawrence W. Schilling, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern District of New York) (Michael D. Hess, Asst. U. S. Atty., of counsel), for plaintiff-appellee.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.


FRIENDLY, Circuit Judge:

Appellant, Tobias Ebinger, who undertook an $880 plumbing job on the water cooling tower of a government building in Brooklyn in February 1960, finds himself on the paying end of a judgment for damage he is claimed to have done, in the amount of $34,867.84, along with interest from July 30, 1963, when the action was brought, and costs. The woe thus naturally engendered is aggravated by the circumstance that Judge Levet, before whom the case...

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