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RELIABLE TRANSFER CO., INC. v. UNITED STATES

Nos. 540, 803, Dockets 73-1513, 73-2325. Sept. Term, 1973

522 F.2d 1381 (1975)

RELIABLE TRANSFER CO., INC., Plaintiff-Appellee and Cross-Appellant, v. UNITED STATES of America, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 31, 1975.

Attorney(s) appearing for the Case

Herbert B. Halberg, New York City (Krisel, Beck & Halberg, New York City, on the brief), for plaintiff-appellee and cross-appellant Reliable Transfer Co., Inc.

Janis G. Schulmeisters, Atty., Admir. & Ship. Section, Dept. of Justice, New York City (Harlington Wood, Jr., Asst. Atty. Gen., Washington, D.C., Robert A. Morse, U.S. Atty., Brooklyn, N.Y., and Gilbert S. Fleischer, Atty. in Charge, Admir. & Ship. Section, Dept. of Justice, New York City, on the brief), for defendant-appellant and cross-appellee United States.

Before LUMBARD, FRIENDLY and TIMBERS, Circuit Judges.

PER CURIAM:

The Supreme Court, in its opinion of May 19, 1975, 421 U.S. 397 vacated our judgment of May 23, 1974, 497 F.2d 1036, and remanded the case to us for further proceedings consistent with the opinion of the Supreme Court.

In our earlier opinion, we affirmed a judgment entered February 13, 1973 in the Eastern District of New York, Orrin G. Judd, District Judge, which held (1)...

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