Root v. Hobbs Mfg. Co.

MACK, Circuit Judge.

Defendant has moved for a request hy this court to the Circuit Court of Appeals1 to recall and amend its mandate so that this court may have jurisdiction to reopen proofs, permit an amendment of an answer, and modify the decree.

I have considered and reconsidered affidavits and arguments at intervals, and have delayed a decision because of a reluctance, to take any judicial step which might not be fully reviewable.

But in my judgment I would not be justified in making the request unless I am satisfied, first, that the defendant has not been guilty of laches; and, second,…