Opinion · Court of Appeals for the Ninth Circuit

Samson Tire & Rubber Corp. v. Rogan

Samson Tire & Rubber Corp. v. Rogan, 140 F.2d 457 (9th Cir. 1943)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1943-08-30
Topic
general

PER CURIAM. The motion of appellant to recall the mandate and re-tax costs against the collector, is well founded. Cf. United States v. Nunnally Invest.

Citator

UpLaw has not yet analyzed Samson Tire & Rubber Corp. v. Rogan. The absence of a flag is not a finding that it is good law.

Cited by
6 opinions
SAMSON TIRE RUBBER CORPORATION v. ROGAN,140 F.2d 457(9th Cir. 1943)
SAMSON TIRE RUBBER CORPORATION v. ROGAN, Collector of Internal Revenue.
No. 10201.
Circuit Court of Appeals, Ninth Circuit.
August 30, 1943.
Appeal from the District Court of the United States for the Southern District of California, Central Division; Dave W. Ling, Judge.

On motion to recall the mandate and re-tax costs.

Mandate recalled and clerk ordered to tax the costs.

For former opinion, see136 F.2d 345.
E.S. Williams, of Los Angeles, Cal., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Homer R. Miller, Sp. Assts. to Atty. Gen. for appellee.
Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.
PER CURIAM.
The motion of appellant to recall the mandate and re-tax costs against the collector, is well founded. Cf. United States v. Nunnally Invest. Co.,316 U.S. 258, 62 S.Ct. 1064, 86 L.Ed. 1455, 140 A.L.R. 792; Huntley v. So. Oregon Sales, 9 Cir.,104 F.2d 153; United States v. Morrisdale Coal Co., D.C.E.D.Pa.,46 F. Supp. 356; Brauch v. Birmingham, D.C.N.D. Iowa,49 F. Supp. 229.

The mandate is ordered recalled and the clerk ordered to tax the costs.Page 458