Bradley Mining Co. v. Boice

Ninth Circuit

Bradley Mining Co. v. Boice

205 F.2d 937, 1953 U.S. App. LEXIS 2693

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 24, 1953

Docket12684

StatusPublished

Cited by6 cases

This text of 205 F.2d 937 (Bradley Mining Co. v. Boice) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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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Bradley Mining Co. v. Boice, 205 F.2d 937, 1953 U.S. App. LEXIS 2693 (9th Cir. 1953).

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PER CURIAM.

Upon the original calendaring of this case it was duly assigned for hearing and decision to a division of the court consisting of Circuit Judges HEALY, BONE and POPE. For that purpose, the division constituted the court. After hearing the judgment of the district court, 92 F.Supp. 750, was affirmed. 9 Cir., 194 F.2d 80. Subsequently, on January 18, 1952, appellant filed a petition entitled “Petition for a rehearing en banc.” On January 23, 1952, the division made and entered an order denying the petition.

Thereafter appellant petitioned for certiorari and by order entered May 5, 1952, 343 U.S. 941, 72 S.Ct. 1033, 96 L.Ed. 1347, the Supreme Court denied certiorari. Upon the coming down of the mandate appellant moved for leave to file a motion to vacate the denial of its petition for rehearing en banc and for the reinstatement of its petition. On August 27, 1952, the division denied the motion for leave to file, one judge dissenting. 9 Cir., 198 F.2d 790.

On April 13, 1953, the Supreme Court vacated its denial of certiorari, granted the writ, vacated the order of the division of this court denying the petition for rehearing en banc, and remanded the cause for further proceedings in light of Western Pacific Railroad Corp. v. Western Pacific Railroad Co., 345 U.S. 247, 73 S.Ct. 656, decided April 6, 1953, Bradley Mining Co. v. Boice, 345 U.S. 932, 73 S.Ct. 797.

Thereafter on May 27, 1953, this court’s Rule 23 (formerly Rule 25) was amended by adding thereto two new paragraphs reading as follows:

“All petitions for rehearing shall be addressed to and be determined by the court as constituted in the original hearing.

“Should a majority of the court as so constituted grant a rehearing and either from a suggestion of a party or upon its own motion be of the opinion that the case should be reheard en banc, they shall so inform the Chief Judge. The Chief Judge shall thereupon convene the active judges of the court and the court shall thereupon determine whether the case shall be reheard en banc.”

Pursuant to the decision of the Supreme Court of April 13, 1953, and this court’s Rule 23, as amended, appellant’s petition for rehearing en banc has been considered by this court as constituted in the original hearing, and this court as so constituted being of the opinion that the case should not be reheard en banc or otherwise, it is now ordered by this court as so constituted that the petition be and is hereby denied.

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PER CURIAM.

Upon the original calendaring of this case it was duly assigned for hearing and decision to a division of the court consisting of Circuit Judges HEALY, BONE and POPE. For that purpose, the division constituted the court. After hearing the judgment of the district court, 92 F.Supp. 750, was affirmed. 9 Cir., 194 F.2d 80. Subsequently, on January 18, 1952, appellant filed a petition entitled “Petition for a rehearing en banc.” On January 23, 1952, the division made and entered an order denying the petition.

Thereafter appellant petitioned for certiorari and by order entered May 5, 1952, 343 U.S. 941, 72 S.Ct. 1033, 96 L.Ed. 1347, the Supreme Court denied certiorari. Upon the coming down of the mandate appellant moved for leave to file a motion to vacate the denial of its petition for rehearing en banc and for the reinstatement of its petition. On August 27, 1952, the division denied the motion for leave to file, one judge dissenting. 9 Cir., 198 F.2d 790.

On April 13, 1953, the Supreme Court vacated its denial of certiorari, granted the writ, vacated the order of the division of this court denying the petition for rehearing en banc, and remanded the cause for further proceedings in light of Western Pacific Railroad Corp. v. Western Pacific Railroad Co., 345 U.S. 247, 73 S.Ct. 656, decided April 6, 1953, Bradley Mining Co. v. Boice, 345 U.S. 932, 73 S.Ct. 797.

Thereafter on May 27, 1953, this court’s Rule 23 (formerly Rule 25) was amended by adding thereto two new paragraphs reading as follows:

“All petitions for rehearing shall be addressed to and be determined by the court as constituted in the original hearing.

“Should a majority of the court as so constituted grant a rehearing and either from a suggestion of a party or upon its own motion be of the opinion that the case should be reheard en banc, they shall so inform the Chief Judge. The Chief Judge shall thereupon convene the active judges of the court and the court shall thereupon determine whether the case shall be reheard en banc.”

Pursuant to the decision of the Supreme Court of April 13, 1953, and this court’s Rule 23, as amended, appellant’s petition for rehearing en banc has been considered by this court as constituted in the original hearing, and this court as so constituted being of the opinion that the case should not be reheard en banc or otherwise, it is now ordered by this court as so constituted that the petition be and is hereby denied.

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205 F.2d 937, 1953 U.S. App. LEXIS 2693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-mining-co-v-boice-ca9-1953.

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