United States v. Solon

Full title: UNITED STATES of America, Appellee, v. John SOLON, Appellant

Court: United States Court of Appeals, Second Circuit

Date published: Dec 3, 1968

405 F.2d 1211 (2d Cir. 1968)

Opinion

No. 208, Docket 32581.

Argued December 3, 1968.

Decided December 3, 1968.

Appeal from an order of the United States District Court for the Eastern District of New York denying appellant's application to vacate a 1959 judgment.

Stuart C. Goldberg, Asst. U.S. Atty. (Joseph P. Hoey, U.S. Atty., for the Eastern District of New York, on the brief), for appellee.

A.J. Jaffe, New York City (Henry G. Singer, Brooklyn, N.Y., on the brief), for appellant.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and RYAN, District Judge.^_

_ Sitting by designation.

PER CURIAM:

We affirm in open court the order of the district court which denied John Solon's motion to vacate the judgment entered against him in 1959 (on which he had been making payments pursuant to a 1962 agreement), to absolve him from any further payments and obtain the return of money already paid, and to vacate the subpoena to appear and be examined as a judgment debtor, for the reasons set forth in Judge Weinstein's opinion reported at 294 F. Supp. 880.