Legal Opinion · Dissent

Hartford-Empire Co. v. Hazel-Atlas Glass Co.

Court of Appeals for the Third Circuit

Decided June 30, 1943No. Nos. 4414, 5203Published

1DissentBiggs, Circuit Judge

I do not believe that this court lacks the power to remedy an apparent fraud perpetrated on it eleven years ago. On December 29, 1941, we filed a per curiam opinion in the instant cases, 125 F.2d 976, 977, declaring that this court would “ * * * pass upon the question of whether the mandates of this court should be recalled and the cases reopened * * * ”, rather than grant the prayers of the original petitions which were for leave to file bills of review in the district court.

The petitions in their present form are in substance bills for relief against decrees on the ground of fraud. As was…

2Cases cited14 opinions

  1. United States v. Hartford-Empire Co.District Court, N.D. Ohio · 1942
  2. Densmore v. ScofieldSupreme Court of the United States · 1880
  3. Hartford-Empire Co. v. Hazel-Atlas Glass Co.Court of Appeals for the Third Circuit · 1932
  4. Utz & Dunn Co. v. Regulator Co.Court of Appeals for the Eighth Circuit · 1914
  5. Taylor v. EastonCourt of Appeals for the Eighth Circuit · 1910

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