ERIE FOOD PRODUCTS CO. v. INTEROCEAN MERCANTILE CORP.

No. 4399.

5 F.2d 1015 (1925)

ERIE FOOD PRODUCTS CO., Plaintiff in Error, v. INTEROCEAN MERCANTILE CORP., Defendant in Error.

Circuit Court of Appeals, Sixth Circuit.

June 10, 1925.


PER CURIAM.

We affirmed a judgment for the Interocean Company against the Erie Company (299 F. 71, q. v.), but gave leave for the trial court to entertain a motion for new trial, based on newly discovered evidence. That motion was made and denied. We allowed a writ of error to review that denial, and we did so because in some cases, exceptional in theory and very rare in practice, such denial may be, not an exercise, but an abuse, of discretion, and thus subject to...

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