Dietrich v. United States Shipping Board Merchant Fleet Corp.

L. HAND, Circuit Judge.

This is a companion appeal to Dietrich v. United States, 80 F.(2d) 207, decided herewith. The judgment herein was entered on February 15, 1924, dismissing the complaint. Our mandate of affirmance was filed in, the District Court on November 7, 1925. The theory of the motion made on December 14, 1934, was that the judgment of February 15, 1924, did not correctly state the decision of the court or our decision; that instead of dismissing the complaint it should have dismissed it “without prejudice.” The court denied this motion and the plaintiff appealed. The only purpose…