# F. Rosenstern & Co. v. United States

> Court of Appeals for the Second Circuit · May 25, 1909 · 171 F. 71

URL: https://www.frixlaw.com/law-library/cases/8771662

## Case

- **Full name:** F. ROSENSTERN & CO. v. UNITED STATES
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** May 25, 1909
- **Citations:** 171 F. 71; 96 C.C.A. 175; 1909 U.S. App. LEXIS 4800
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Coxe, Lacombe, Ward
- **Cited by:** 4 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/8771662

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8771662. Public record. Not legal advice.