Smith v. Pollin

196 F.2d 768, 90 U.S. App. D.C. 286, 1952 U.S. App. LEXIS 2520

Opinion

PER CURIAM.

This appeal is from the District Court's order entered on our mandate in No. 10996, Smith v. Pollin, 89 U.S.App.D.C. 407, 190 F.2d 657; certiorari denied, 342 U.S. 878, 72 S.Ct. 170, rehearing denied, 342 U.S. 907, 72 S.Ct. 298. Our judgment of June 8, 1951 dismissed the appeal in that case “with costs”, and our mandate of July 12, 1951 specified the amounts the several appellees were to recover as costs “against said appellants Joan C. Smith, et al.” On July 18, 1951 the District Court entered its order on our mandate, duly awarding these costs against “plaintiffs”, who were identified in the caption as “Joan C. Smith, et al.” Appellants’ petition for certiorari, which the Supreme Court denied, was filed October 8, 1951.

Appellants say our judgment was not preceded by an adequate hearing and was otherwise erroneous. They say the District Court should not have awarded costs against them. The award is in complete accordance with our judgment and mandate. All the questions appellants now seek to raise were or might have been raised by the petition for rehearing which appellants filed in this court on June 21, 1951 and the petition for certiorari which they filed in the Supreme Court. Appellants’ contention regarding our hearing was so raised. All these questions were finally settled when the Supreme Court denied certiorari.

Appeal dismissed.