Opinion
No. 116, Docket 24775.
Petition Filed February 27, 1958. Decided May 19, 1958.
Henry Fogler, New York City, for libelant-appellant.
Thacher, Proffitt, Prizer, Crawley Wood, New York City (Edward C. Kalaidjian and Robert S. Stitt, New York City, of counsel), for respondent-appellee.
Before CLARK, Chief Judge, MOORE, Circuit Judge, and SMITH, District Judge.
On Petition for Rehearing.
On this petition for rehearing the court has received and carefully considered the further extensive arguments of the parties. Upon this consideration the court has determined that in the interests of justice the decree entered below should be vacated and the action remanded to Judge McGohey for further findings of fact. The findings which we believe should be clarified and supplemented are as indicated and discussed in the opinions of this court, 2 Cir., 252 F.2d 812, 815. In his discretion Judge McGohey may take action upon the basis of the record already before him or may hold additional hearings and receive additional evidence as he may determine. Libelant's various motions in this court directed to the presentation of further evidence herein are inappropriate and are denied.
Decree vacated and action remanded for proceedings consistent with this opinion.