First National City Bank v. United States

I respectfully dissent from the majority opinion of the en bane court to the extent that it conflicts with the decision of the original panel. I therefore concur in Judge Nichols’ dissent and adhere to my previous opinion. 210 Ct. Cl. 375, 537 F. 2d 426 (1976).

In accordance with the opinion of the court, a stipulation of the parties, and a memorandum report of the trial judge, it was ordered on May 6,1977 that judgment for plaintiff be entered for $45,000.