No. 72-1086. March 8, 1973. Rehearing Denied June 5, 1973. Arthur J. Whalen, Jr., Washington, D.C., with whom Joan M. McIntyre, Washington, D.C., was on the brief for appellant. Harold H. Titus, Jr., U.S. Atty., John A. Terry, Brian W. Shaughnessy and Gregory C. Brady, Asst. U.S. Attys., were on the brief for appellee. Appeal from the United States District Court for the District of Columbia. Before BAZELON, Chief Judge, and ROBINSON and ROBB, Circuit Judges. PER CURIAM: This is an appeal from a
No. 112, Docket 71-1551. Argued October 6, 1971. Decided April 10, 1972. Milton A. Bass, Sheldon S. Lustigan, David L. Ficksman, Bass Ullman, New York City, for plaintiff-appellant. Carl I. Stewart, David G. Trager, Edward R. Korman, Asst. U.S. Attys., Robert A. Morse, U.S. Atty., for defendant-appellee. Appeal from the United States District Court for the Eastern District of New York. Before FRIENDLY, Chief Judge, and WATERMAN and SMITH, Circuit Judges. WATERMAN, Circuit Judge: The plaintiff, L