Opinion
No. 313.
June 16, 1941. On Rehearing June 27, 1941.
Appeal from the District Court of the United States for the Eastern District of New York.
Thomas H. Matters, Jr., of New York City (Julius I. Puente, of New York City, of counsel), for appellant.
Harold M. Kennedy, U.S. Atty., of Brooklyn, N.Y. (Vine H. Smith and Frank J. Parker, Asst. U.S. Attys., both of Brooklyn, N.Y., of counsel), for appellee.
Before L. HAND, CHASE, and CLARK, Circuit Judges.
Order, 37 F. Supp. 533, affirmed.
On Rehearing.
This cause came on for a rehearing upon the petition of the appellant and thereupon, upon consideration thereof, it is ordered that the judgment appealed from be, and the same hereby is, affirmed except as to the third paragraph, as to which it is reversed. The said third paragraph reversed is as follows: "Further Ordered that the petition be dismissed in that the same on its face fails to state a cause of action."