Marion Steam Shovel Co. v. Bertino

GARDNER, Circuit Judge.

Defendant has filed a petition for rehearing in which counsel reargue the entire case. The function of such a petition is defined and limited by rule 18 of this court. The rule, among other things, provides as follows:

“The sole purpose of a petition for rehearing is to call attention to material matters of law or fact inadvertently overlooked by the court, as shown by its opinion. Mere reargument of issues determined by the opinion will be entirely disregarded.”

One matter is urged, however, which we think is deserving of attention. It is earnestly contended that a…