U.S. Court of Appeals for the Second Circuit, 1954

Chemical Bank & Trust Co. v. Dimock

Chemical Bank & Trust Co. v. Dimock
U.S. Court of Appeals for the Second Circuit · Decided February 5, 1954
210 F.2d 376 (Federal Reporter, Second Series)

Counsel

Shearman & Sterling & Wright, New York City, for petitioner; John A. Wilson, New York City, of counsel., Burlingham, Hupper & Kennedy, New York City, for Holland-American Line in support of petitioner; Harold M. Kennedy and Hervey C. Allen, Jr., New York City, of counsel., Bennet, House & Couts, New York. City, for Arnold Bernstein, plaintiff below, in opposition; Victor House, Albert I. Edelman and Werner Usen, New York City, of counsel.

Chemical Bank & Trust Co. v. Dimock

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Opinion of the Court

PER CURIAM.

Petitioner charges that Judge Dimock disregarded our mandate in Bernstein v. N. V. Nederlandsehe-Amerikaansche Stoomvaart-Maatschappij (Chemical Bank & Trust Co.), 2 Cir., 173 F.2d 71, 75-76, but since we have amended our mandate in this case, 2 Cir., 210 F.2d 375, we find it unnecessary to pass on the validity of the petitioner’s contentions or the propriety of resort to mandamus.

Petition denied.

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