Nachod v. Engineering & Research Corp.

Our term having expired since the mandate went down, we have no power to recall it. Bushnell v. Crooke Mining & Smelting Co., 150 U.S. 82, 14 S.Ct. 22, 37 L.Ed. 1007; Scotten v. Littlefield, 235 U.S. 407, 35 S.Ct. 125, 59 L.Ed. 289; Watts, Watts & Co. v. Unione, 2 Cir., 239 F. 1023; Dobson v. United States, 2 Cir., 31 F.2d 288. Rule 6(c) of the Rules of Civil Procedure for District Courts, 28 U.S.C.A. following section 723c, does not apply to Circuit Courts of Appeals.

We wish, however, to make plain that there are several questions which we are not deciding. First, we do not decide that the…