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Morgenthau v. Mifflin Chemical Corp.

Circuit Court of Appeals, Third Circuit
Jan 25, 1938
94 F.2d 550 (3d Cir. 1938)

Opinion

Nos. 6362, 6363.

January 25, 1938.

Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge.

On rehearing.

Petition for reconsideration and vacation of order denying petition for rehearing dismissed.

For prior opinion, see 93 F.2d 82.

J. Cullen Ganey, Acting U.S. Atty., of Bethlehem, Pa., and Julian R. Eagle and Blair M. Ilderton, both of Philadelphia, Pa., for appellants.

Harry Shapiro, of Philadelphia, Pa., for appellee.

Before BUFFINGTON, THOMPSON, and BIGGS, Circuit Judges.


In these causes an application was made by a petition filed by the appellee to the end that this court should reconsider and vacate its order denying the appellee's petition for a rehearing. After further extended argument by the parties, we have again considered these cases upon the whole record, and have also taken into consideration the testimony of certain witnesses, submitted by the appellee, given in the criminal proceeding entitled United States v. Mifflin Chemical Co. et al., 7523, March Term, 1937, in the District Court of the United States for the Eastern District of Pennsylvania. Though the testimony last referred to cannot be incorporated in the record of these cases, Qualtop Beverages, Inc., v. McCampbell, 2 Cir., 31 F.2d 260; Yudelson v. Andrews, 3 Cir., 25 F.2d 80; Quitt v. Stone, 4 Cir., 46 F.2d 405, 408; Herbert v. Anstine, 4 Cir., 37 F.2d 522, 555, none the less we have examined it as fully as if it had been incorporated therein.

After such consideration, our decisions heretofore made in these cases remain unchanged.

The petition filed by the appellee for reconsideration and vacation of our order denying the appellee's petition for rehearing accordingly will be dismissed.


Summaries of

Morgenthau v. Mifflin Chemical Corp.

Circuit Court of Appeals, Third Circuit
Jan 25, 1938
94 F.2d 550 (3d Cir. 1938)
Case details for

Morgenthau v. Mifflin Chemical Corp.

Case Details

Full title:MORGENTHAU, Secretary of Treasury, et al. v. MIFFLIN CHEMICAL CORPORATION

Court:Circuit Court of Appeals, Third Circuit

Date published: Jan 25, 1938

Citations

94 F.2d 550 (3d Cir. 1938)