United States v. O'Brien

Second Circuit

United States v. O'Brien

163 F. 1022, 89 C.C.A. 664, 1908 U.S. App. LEXIS 4607

CourtCourt of Appeals for the Second Circuit

DecidedMay 20, 1908

DocketNo. 269

StatusPublished

This text of 163 F. 1022 (United States v. O'Brien) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. O'Brien, 163 F. 1022, 89 C.C.A. 664, 1908 U.S. App. LEXIS 4607 (2d Cir. 1908).

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Opinion

PER CURIAM.

The facts are the same as when these cases were here before. Our former opinion was filed January 7, 1908. 159 Fed.. 671. Upon the second trial the government amended the complaints by reducing the amount of its claims. This enabled defendants to include among the grounds upon which they moved for direction of verdict in their favor the following: “The government having retained the penalty, -which it was authorized to retain, has [1023]*1023exercised the sole and exclusive and entire right it had under the terms of the contract.” The decision of the trial judge in granting this motion was in accord with the opinion of a majority of this court as indicated in the former opinion. Judgment affirmed.

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PER CURIAM.

The facts are the same as when these cases were here before. Our former opinion was filed January 7, 1908. 159 Fed.. 671. Upon the second trial the government amended the complaints by reducing the amount of its claims. This enabled defendants to include among the grounds upon which they moved for direction of verdict in their favor the following: “The government having retained the penalty, -which it was authorized to retain, has [1023]*1023exercised the sole and exclusive and entire right it had under the terms of the contract.” The decision of the trial judge in granting this motion was in accord with the opinion of a majority of this court as indicated in the former opinion. Judgment affirmed.

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Bluebook (online)

163 F. 1022, 89 C.C.A. 664, 1908 U.S. App. LEXIS 4607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-obrien-ca2-1908.