Cleo Johnson v. John Harder

This ease was affirmed in open court. In order to afford our decision precedential value, 1 however, and conclusively to resolve this issue within our circuit, we issue this brief per curiam. For the reasons stated by Chief Judge Kaufman in open court, 2 we affirm on Judge Blumenfeld’s opinion below, 383 F.Supp. 174 (D.Conn.1974).

1. Rule § 0.23 of the United States Court of Appeals for the Second Circuit provides in pertinent part:

Where a decision is rendered from the bench, the court may deliver a brief oral statement. . . . Since these statements do not constitute formal opinions of the…