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UNITED STATES v. SECKINGER

No. 23432.

408 F.2d 146 (1969)

UNITED STATES of America, Appellant, v. M. O. SECKINGER, Jr., t/a M. O. Seckinger Company, Appellee.

United States Court of Appeals Fifth Circuit.

February 28, 1969.

Attorney(s) appearing for the Case

Morton Hollander, William Kanter, Attys., Dept. of Justice, Washington, D. C., for appellant.

John G. Kennedy, Savannah, Ga., for appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and AINSWORTH, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This case began sounding in tort but through a simple twistification, General Guaranty Ins. Co. v. Parkerson, 5 Cir., 1966, 369 F.2d 821, of the Federal impleader rule, F.R.Civ.P. 14(a), plus a prior final judgment, it is now here after several dismissals for failure to state a claim, for a decision on the propriety of the most recent dismissal. We are called upon like many times in the past,

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