Sutherland v. Norris

BUFFINGTON, Circuit Judge.

This is an application to amend our mandate by restricting it to an adjudication of the rights of the two parties before us on appeal, viz., the Alien Property Custodian and the estate of D. Clarence Gibboney. The application was made in due time and in due procedure. Southard v. Russell, 16 How. 547, 14 L. Ed. 1052.

In the litigation in the court below a third party, Grover C. Bergdoll, was interested, appeared by counsel, took no appeal, and was not represented in the appeal of the. Alien Property Custodian to this court. In an opinion filed herein the appeal of the…