# Dietrich v. United States Shipping Board Merchant Fleet Corp.

> Court of Appeals for the Second Circuit · December 9, 1935 · 80 F.2d 211

URL: https://www.frixlaw.com/law-library/cases/6864846

## Case

- **Full name:** DIETRICH v. UNITED STATES SHIPPING BOARD MERCHANT FLEET CORPORATION
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** December 9, 1935
- **Citations:** 80 F.2d 211; 1935 U.S. App. LEXIS 3239
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Hand
- **Judges:** Hand
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6864846

## Opinion text

L. HAND, Circuit Judge.
This is a companion appeal to Dietrich v. United States, 80 F.(2d) 207 , decided herewith. The judgment herein was entered on February 15, 1924, dismissing the complaint. Our mandate of affirmance was filed in, the District Court on November 7, 1925. The theory of the motion made on December 14, 1934, was that the judgment of February 15, 1924, did not correctly state the decision of the court or our decision; that instead of dismissing the complaint it should have dismissed it “without prejudice.” The court denied this motion and the plaintiff appealed. The only purpose of the motion was to avoid the bar of the judgment herein in the prosecution of the libel in Dietrich v. United States, handed down herewith. As we have already held that that libel was correctly dismissed, this appeal becomes moot; for even though we were to reverse and grant the plaintiff’s motion, it is now too late on any theory for it to file another libel. The appeal is therefore dismissed.
Appeal dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6864846. Public record. Not legal advice.