Opinion · Court of Appeals for the Second Circuit

H. W. Peters Co. v. MacDonald

61 F.2d 1031

Type: Opinion
Court: Court of Appeals for the Second Circuit
Jurisdiction: Federal
Date: 1932-09-06
Topic: general

PER CURIAM. This is a petition to recall the mandate and reconsider our decision [59 F.(2d) 974] or, in the alternative, grant the appellees permission to apply to the District Court for leave to amend their answer alleging inequitable conduct on the part of the appellant in publishing and disseminating misleading statements said to bo false regarding the de-*1032cisión of this court, claiming that, By reason thereof, the appellant should be barred from the relief obtained on this appeal. On the affidavits which have been submitted and the letters which form the basis of this application, we think the alternative relief should be granted. Leave is hereby granted to the appellee to apply to the District Court for appropriate relief in view of what has transpired since the rendition of our decision in this cause.

Citator

UpLaw has not yet analyzed H. W. Peters Co. v. MacDonald. The absence of a flag is not a finding that it is good law.

Cited by: 1 opinion

H.W. PETERS COMPANY v. MacDONALD,61 F.2d 1031(2nd Cir. 1932)

H.W. PETERS COMPANY, Inc., Plaintiff-Appellant, v. Douglas S. MacDONALD

and L.G. Balfour Company, Defendants-Appellees.

No. 431.

Circuit Court of Appeals, Second Circuit.

September 6, 1932.

Appeal from the District Court of the United States for the District of Connecticut.

Petition to recall mandate, etc.

Melville Church, C.B. Des Jardins, and Henry H. Benjamin, all of Washington, D.C. (D. Lewis Mattern, of Bridgeport, Conn., of counsel and solicitor), for appellees.

Before MANTON, SWAN, and CHASE, Circuit Judges.

PER CURIAM.

This is a petition to recall the mandate and reconsider our decision [59 F.2d 974] or, in the alternative, grant the appellees permission to apply to the District Court for leave to amend their answer alleging inequitable conduct on the part of the appellant in publishing and disseminating misleading statements said to be false regarding the decisionPage 1032of this court, claiming that, by reason thereof, the appellant should be barred from the relief obtained on this appeal.

On the affidavits which have been submitted and the letters which form the basis of this application, we think the alternative relief should be granted. Leave is hereby granted to the appellee to apply to the District Court for appropriate relief in view of what has transpired since the rendition of our decision in this cause.