Abram Flaxer v. United States

PRETTYMAN, Circuit Judge.

In 1956 we affirmed the conviction of Flaxer for contempt.1 The Supreme Court vacated our judgment and remanded2 “for consideration in the light of Watkins v. United States”.3

In Barenblatt4 upon similar remand we held that the Supreme Court in Watkins did not vitiate in toto the resolution of the House establishing the Un-Ameri-can Activities Committee. We came to that conclusion for four reasons: (1)

The Court did not say the resolution is invalid; (2) the Coux’t discussed at length other points regarding pertinency, which discussion we deemed not to be dictum; (3)…