Glidden Co. v. United States

WILKIN, District Judge.

This case is .determined in favor of the defendant and the claim of the plaintiff dismissed on authority of Durkee Famous Foods, Inc. v. Harrison, 7 Cir., 136 F.2d 303. A sense of propriety dictates that the decision of the Court of Appeals reversing the District Court should now, in the circumstances, be followed by this court. Only some gross error or oversight in that case would justify this court’s holding contrary to the holding of that honorable court. If its ruling is not to be followed in this circuit, a court of at least equal rank should say so.

In spite of the…