LEYDECKER

v.

UNITED STATES

Citator

Cited By

• United States v. Zara Contracting Co., Inc., 146 F.2d 606 (2d Cir. 1944)
  …se, after trial the judgment must grant the relief to which plaintiffs’ case as presented entitle them. Federal Rules of Civil Procedure, rule 54(c), 28 U.S.C.A. following section 723c; Cohen v. Randall, 2 Cir., 137 F. 2d 441, 443, certiorari denied 320 U.S. 796, 64 S.Ct. 263; cf. United States v. Pape, 2 Cir., 144 F. 2d 778, 791, certiorari denied Pape v. United States, 65 S.Ct. 86. The second, relied on by the trial court, is that, since the subcontract made the provisions of the main contract determinati…
• Rossiter v. Vogel, 148 F.2d 292 (2d Cir. 1945)
  …S.Ct. 773, 87 L.Ed. 1055. Although these grounds of objection had not been set up in the answer, we held, in accordance with the usual practice, Downey v. Palmer, 2 Cir., 114 F. 2d 116; Cohen v. Randall, 2 Cir., 137 F. 2d 441, 444, certiorari denied 320 U.S. 796, 64 S.Ct. 263, that facts appearing in affidavits which would justify an amendment of the pleadings would prevent the entry of a final judgment. Upon remand of the case defendants amended their answer to plead these defenses in detail; and aft>er an…
• Griffith v. Bank of N.Y., 147 F.2d 899 (2d Cir. 1945)
  …at New York does allow collateral attack on a judgment for extrinsic fraud or duress, as we concluded after an extensive analysis of the cases dealing with foreign divorce decrees. Cohen v. Randall, 2 Cir., 137 F. 2d 441, 443, 445, certiorari denied 320 U.S. 796, 64 S.Ct. 263.2 In the light of this background of New York practice, we find it difficult to appraise the scope of the Surrogate’s decision. His actual order, entered after notice to the parties, is only that the petition “is hereby dismissed”; it…