Grand Central Public Market Inc. v. Kojima

At this time, a decision ■ by this court in the instant case arises from the fact that, following a former decision therein, a motion to vacate the judgment that theretofore had been rendered, and a petition for rehearing of the appeal, were granted. The sole and only reason for the granting of such motion and such petition was that the opinion theretofore rendered by this court was prepared and written by Judge Lester Wm. Roth, who was then, and still is, sitting as a justice pro tempore of this court, and who, in the course of proceedings had in the lower court, had ruled ■ on various…