Legal Opinion
United States v. Dwight Eugene Smith
Court of Appeals for the Tenth Circuit
Decided January 14, 1986No. 84-2360PublishedCited by 12 opinions
1Opinion of the Court
OPINION ON PETITION FOR REHEARING
McWILLIAMS, Circuit Judge.
In its Petition for Rehearing the government seeks to raise an issue which it had previously conceded. We decline to permit the government to so do, without prejudice, of course, to the end that the government may raise the particular issue in another case, but not in this case on Petition for Rehearing. Rule 40 of the Fed.R.App.P. was not promulgated, in the absence of demonstrable mistake, to permit reconsideration of the same matters, United States v. Doe, 455 F.2d 753, 762 (1st Cir.1972) (Aldrich, C.J., on rehearing), vacated on…
2Cases cited6 opinions
- Gravel v. United StatesSupreme Court of the United States · 1972
- Charles D. Long v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1972
- United States v. DoeCourt of Appeals for the First Circuit · 1972
- Cross Baking Company, Inc. v. National Labor Relations BoardCourt of Appeals for the First Circuit · 1971
- Mitchell v. GreenoughCourt of Appeals for the Ninth Circuit · 1939
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. IbarraSupreme Court of the United States · 1991
- United States v. Alejandro Garcia IbarraCourt of Appeals for the Tenth Circuit · 1990
- Nixon v. United StatesDistrict of Columbia Court of Appeals · 1999
- Sierra Club v. HodelCourt of Appeals for the Tenth Circuit · 1988
- Carter v. United StatesDistrict of Columbia Court of Appeals · 1996
7 more not listed; retrieve them via the Exa API.