Opinion

F. Rosenstern & Co. v. United States

  • 171 F. 71
  • 96 C.C.A. 175
  • 1909 U.S. App. LEXIS 4800
Court
Court of Appeals for the Second Circuit
Filed
May 25, 1909
Status
Published
On the bench
Coxe, Lacombe, Ward
Cited by
4 cases
Authority
More cited than 16.4%

The opinion

On Rehearing.

PER CURIAM.

This application is made upon the theory that the court “inadvertently overlooked” the decision in Herman v. Arthur, 127 U. S. 363 , 8 Sup. Ct. 1090, 32 L. Ed. 186 , and is confined to a discussion of the bearing of that decision. Such decision was mainly relied upon on the oral argument and was the prominent authority cited in appellants’ brief ; copious excerpts from it being printed therein. The brief on this motion is a mere reproduction of the earlier brief. The authority referred to was not over *74 looked — indeed, it could not have been overlooked, unless the court had wholly failed to listen to the oral argument and to read the briefs. If counsel would charitably assume that these are not left undone when a cause is heard on appeal, possibly there might not be so many petitions for rehearing to consider.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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