United States v. American-Foreign S.S. Corp.,
363 U.S. 685 (1960)

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U.S. Supreme Court

United States v. American-Foreign S.S. Corp., 363 U.S. 685 (1960)

United States v. American-Foreign Steamship Corp.

No. 138

Argued April 25, 1960

Decided June 20, 1960

363 U.S. 685


A circuit judge who has retired under 28 U.S.C. § 371(b) is not eligible to participate in the decision of a case on rehearing en banc under 28 U.S.C. § 46(c), which provides that such a proceeding shall be "heard and determined" by a court consisting of all "active circuit judges" of the circuit. Pp. 363 U. S. 685-691.

265 F.2d 136, judgment vacated and cause remanded.

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