Opinion
Civ. No. 755.
October 10, 1940.
Burlingham, Veeder, Clark Hupper, of New York City, for plaintiff.
Harold M. Kennedy, U.S. Atty., of Brooklyn, N.Y. (William E. Collins, of New York City, Sp. Asst. to U.S. Atty., and District Counsel, U.S. Maritime Commission, of counsel), for defendants.
On rehearing.
Judgment reversed.
For former opinion, see 32 F. Supp. 538.
Motion for rehearing granted; and such rehearing being had, the motion to dismiss is granted, this Court being constrained to that decision by the memorandum of the Circuit Court of Appeals, 2 Cir., 116 F.2d 799, denying the application for prohibition.
Settle order.