
    THE DRUG AND CHEMICAL CLUB OF NEW YORK v. THE UNITED STATES
    [No. 48515.
    Decided December 5, 1949.
    Plaintiff’s motion for new trial overruled February 6, 1950]
    
    
      Mr. Norman 8. Rein for the plaintiff. Messrs. Maurice Mou/nd, and Rein, Mound <& Cotton were on the briefs.
    
      Mr. Joseph H. Sheppard, with whom was Mr. Assistant Attorney General Theron Lamar Caudle, for the defendant. Messrs. Andrew D. Sharpe and Ellis N. SlacJe were on the brief.
    
      
       Plaintiff's petition for writ of certiorari pending.
    
   Whitaker, Judge,

delivered the opinion of the court:

The facts of this case are substantially the same as those in the case of The Bankers Club of America, Inc., v. United States, No. 48513, ante, p. 50, and on the authority of the decision in that case, judgment is rendered for the defendant, and plaintiff’s petition is dismissed.

MaddeN, Judge, and Johes, Chief Judge, concur.

LittletoN, Judge, and Howell, Judge, concur for the reasons stated in the concurring opinion in The Bankers Club case this day decided.  