United States v. Stephanidis

INCH, District Judge.

Reargument of this motion presents a question of power or lack of it in this court to grant certain relief to plaintiff.

In its desire to at all times allow a party to review its action, the court, on October 3, 1930, granted the relief in question. The defendant did not agree with such decision, and, very properly I think, urges this xeargument, which, in effect, is a motion to vacate the said order of October 3, 1930, that the eourt had no “power” to grant the relief, and that, regardless of said motive of the eourt, the order of October 3, 1930, cannot avail.

This…