Court of Appeals for the Second Circuit July 16, 1953, No. 294, Docket No. 22780 (Schwartz v. Strauss)

lead-opinion

PER CURIAM.

Judgment affirmed on opinion below. D. C. 114 F.Supp. 438.

concurrence-opinion

FRANK, Circuit Judge

(concurring).

The facts here are undisputed. But the position taken by defendant’s counsel is that, even if the undisputed facts show unmistakably that the Board violated the statute, i. e.