William R. Forman v. United States

On September 15, 1958 we handed down our decision herein reversing the judgment with directions to enter judgment for the appellant. 9 Cir., 259 F.2d 128. On October 27, 1958, upon petition for rehearing filed by appellee, we modified our decision so as to provide that the judgment was reversed and the cause remanded for a new trial. 9 Cir., 261 F.2d 181. This action was followed by a petition for further rehearing filed on behalf of the appellant in which the latter asserts that this court is without power to order a new trial.

Appellant’s principal reliance is upon the case of Sapir v.…