holding court will not entertain argument or authorities relied on for the first time in motion for rehearing
How later courts described this case
- holding court will not entertain argument or authorities relied on for the first time in motion for rehearing
- rehearing denied where argument based on United States Supreme Court opinions not advanced until rehearing
- on petition for reh’g
Written by the judges who cited it.
The opinion
BOYER, Acting Chief Judge,
concurring specially.
I concur in denial of the petition for rehearing but not because appellee failed to raise certain authorities or arguments, now belatedly presented, in its brief. I am simply of the view, that even considering those authorities and arguments, our. original opinion is correct.