Borg-Warner Corp. v. Goodwin

Sixth Circuit

Borg-Warner Corp. v. Goodwin

170 F.2d 364, 80 U.S.P.Q. (BNA) 36, 1948 U.S. App. LEXIS 3988

CourtCourt of Appeals for the Sixth Circuit

DecidedOctober 12, 1948

DocketNo. 10628

StatusPublished

This text of 170 F.2d 364 (Borg-Warner Corp. v. Goodwin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Borg-Warner Corp. v. Goodwin, 170 F.2d 364, 80 U.S.P.Q. (BNA) 36, 1948 U.S. App. LEXIS 3988 (6th Cir. 1948).

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Opinion

PER CURIAM.

This case came on to he heard upon the record and briefs and oral, argument of counsel.

On consideration whereof, the motion by appellee to dismiss the appeal is overruled.

And it appearing that appellants’ principal contentions in the present appeal have heretofore been raised and considered by this court prior to the issuance of the mandate, by motion to vacate decree and dismiss appeal, and by motion to amend, modify, and reform decree, which were denied on April 9, 1947; and it appearing that appellants’ principal contentions in the present appeal have heretofore been raised and considered by the Supreme Court of the United States in petition for rehearing after denial of appellants’ petition for certiorari (329 U.S. 799, 67 S.Ct. 491, 91 L.Ed. 683) and in a second petition for certiorari which also was denied (331 U.S. 860, 67 S.Ct. 1756, 91 L.Ed. 1866) ; and it further appearing that the judgment appealed from was entered pursuant to and in full compliance with the mandate of this court entered April 14, 1947, in appeal No. 10119, 157 F.2d 267.

It is ordered that the order of the District Court overruling appellants’ motion and petition to stay proceedings on the mandate and for other relief be, and it ‘hereby is, affirmed.

And it is further ordered that the judgment of the District Court entered October 31, 1947, be, and it hereby is, affirmed.

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PER CURIAM.

This case came on to he heard upon the record and briefs and oral, argument of counsel.

On consideration whereof, the motion by appellee to dismiss the appeal is overruled.

And it appearing that appellants’ principal contentions in the present appeal have heretofore been raised and considered by this court prior to the issuance of the mandate, by motion to vacate decree and dismiss appeal, and by motion to amend, modify, and reform decree, which were denied on April 9, 1947; and it appearing that appellants’ principal contentions in the present appeal have heretofore been raised and considered by the Supreme Court of the United States in petition for rehearing after denial of appellants’ petition for certiorari (329 U.S. 799, 67 S.Ct. 491, 91 L.Ed. 683) and in a second petition for certiorari which also was denied (331 U.S. 860, 67 S.Ct. 1756, 91 L.Ed. 1866) ; and it further appearing that the judgment appealed from was entered pursuant to and in full compliance with the mandate of this court entered April 14, 1947, in appeal No. 10119, 157 F.2d 267.

It is ordered that the order of the District Court overruling appellants’ motion and petition to stay proceedings on the mandate and for other relief be, and it ‘hereby is, affirmed.

And it is further ordered that the judgment of the District Court entered October 31, 1947, be, and it hereby is, affirmed.

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170 F.2d 364, 80 U.S.P.Q. (BNA) 36, 1948 U.S. App. LEXIS 3988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/borg-warner-corp-v-goodwin-ca6-1948.

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