United States ex rel. Cunningham v. Mathues

BUFFINGTON, Circuit Judge.

After the opinion of this court was filed, 33 F.(2d) 261, the case of Barry v. United States ex rel. Cunningham, 279 U. S. 597, 49 S. Ct. 452, 454, 73 L. Ed. 867, was decided. Thereupon the government, conceiving that our decision was at variance with the holdings of the Supreme Court in that case, moved a rehearing be had. The motion was granted, and such rehearing was given. On due consideration the members of the court adhere to their views already expressed in the opinion and the dissent heretofore filed. We therefore confine the present opinion to a brief…