Opinion
No. 10010.
December 29, 1941.
Appeal from the District Court of the United States for the Northern District of California, Southern Division; Harold Louderback, Judge.
Frank J. Hennessy, U.S. Atty., and Esther B. Phillips, Asst. U.S. Atty., both of San Francisco, Cal., for appellant.
Pillsbury, Madison Sutro and Douglas Erskine, all of San Francisco, Cal., for appellee.
Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.
Upon consideration of the stipulation of counsel for respective parties that the judgment of the District Court in this cause may be reversed upon the authority of United States of America v. Kansas Flour Mills Corporation, 62 S.Ct. 232, 86 L.Ed. ___, decided by the Supreme Court of the United States on December 8, 1941, and good cause therefor appearing, it is ordered that a judgment be filed and entered pursuant to stipulation reversing the judgment of the District Court and directing said District Court to enter judgment in favor of the United States of America upon its counter-claim, and that the mandate of this court in this cause issue forthwith.