Publicker v. Shallcross

CLARK, Circuit Judge.

The first time this case came before us, counsel for appellant-respondent demurred to and so technically admitted the truth of the facts alleged by petitionerappellees. We understood that he did so purely for the purpose of testing the law. We felt that the cause might be more justly decided if all the facts were known, and remanded it to the District Court with direction to file an answer and proceed to hearing on the merits, Publicker v. Shall-cross, 3 Cir., 103 F.2d 596, 597. Appellant’s new counsel evidently did not share our feeling. His answer again in substance…