Farrand Optical Co., Inc. v. The United States of America

On Rehearing by Court in Banc.

After a majority of the original panel which heard this case had held that the district court was without jurisdiction a petition was filed seeking to have this issue reheard in banc. A majority of the active judges voted to grant the petition. The rehearing, limited solely to the question whether the district court properly took jurisdiction *886of the ease, was had on oral arguments and briefs on January 16, 1963, with all the active judges participating except Chief Judge Lumbard, who was disqualified because of a previous connection with the case during his…