Condor Merritt v. United States

This Court’s opinion concluded with the statement that, “Accordingly, the judgment is reversed and the cause remanded.” The judgment of this Court was

“ * * * that the judgment of the said District Court in this cause be, and the same is hereby, reversed; and that this cause be, and it is hereby remanded to the said District Court for further proceedings in accordance with the opinion of this Court."

The appellee moves that the opinion be clarified, that a new trial be ordered, and that the mandate be recalled and reissued accordingly.

Under the cases relied on by appellee 1 and under 28…