Pistorino & Co. v. United States

DISSENTING OPINION

EichaRdson, Judge:

Because of the present posture of this case, it is necessary to express my views in three parts. Part I is addressed to the affect on a motion for rehearing when a court consisting of a plurality of judges is equally divided on the disposition of the motion. *252Part II is addressed to Judge Landis’ reconsideration of our decision that the liquidation was premature and void. Part III is addressed to Judge Landis’ reconsideration of our decision that the effect of the premature liquidation was to void the apraisement, and our remand of the case to a single judge…