Kelling Nut Co. v. National Nut Co.

DENMAN, Circuit Judge.

After argument the motion to dismiss, the appeal was granted from the bench on August 28, 1944, Appellant seeks a rehearing.

On June 22, 1943, the court below entered a judgment of dismissal of the complaint, without prejudice, on condition that “the question of defendant’s costs and expenses herein shall hereafter be determined upon motion presented to the United States District Court for the Northern District of Illinois, Eastern, in an action pending therein, entitled ‘National Nut Company of California v. Kelling Nut Company, et al.’ and designated as No. 43 C 423;…