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McBRIDE v. SMITH

No. 138, Docket 32579.

405 F.2d 1057 (1968)

Joseph Clinton McBRIDE, Plaintiff-Appellee, v. Willard J. SMITH (substituted for E. J. Roland), Commandant, United States Coast Guard, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 2, 1968.

Attorney(s) appearing for the Case

H. Thomas Coghill, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, Lawrence W. Schilling, Asst. U. S. Atty., of counsel), for defendant-appellant.

Melvin L. Wulf, New York City, for plaintiff-appellee.

Before FRIENDLY, SMITH and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal by the Commandant, United States Coast Guard, from an order of the District Court for the Southern District of New York raises a close question about the proper course of action under the mandate of the Supreme Court, 390 U.S. 411, 88 S.Ct. 1111, 19 L.Ed.2d 1271 (1968), remanding the case to the district court.

The action arose under the Magnuson Act, 50 U.S.C. § 191, which provides...

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