Schoonmaker v. Price

On Petition for Rehearing

HOLMES, Circuit Judge.

We assure counsel that whatever injury was done appellee by the failure of his brief to reach us in time has been repaired by our diligence in the consideration of his petition for rehearing and brief thereon. In the latter brief is cited the case of Foster Bros. Mfg. Co. v. N. L. R. B., on rehearing, 4 Cir., 90 F.2d 948, which held that the court was without power to grant a rehearing after the mandate was issued and the term of court had expired. That case is not applicable here, because in this instance the mandate was recalled and the…