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IN RE ST. LAWRENCE CONDENSED MILK CORPORATION

No. ___.

5 F.2d 65 (1925)

In re ST. LAWRENCE CONDENSED MILK CORPORATION.

Circuit Court of Appeals, Second Circuit.

January 8, 1925.

Attorney(s) appearing for the Case

Sparks & Fuller, of Brooklyn, N. Y., for petitioners.

Lawrence Russell, of Canton, N. Y., and Frank L. Cubley, of Potsdam, N. Y., for respondents.

Before ROGERS, HOUGH, and HAND, Circuit Judges.

PER CURIAM.

1. As to the motion for a writ of prohibition.

It is admitted that the object of a pending motion in the District Court is to vacate certain orders. If the orders are vacated, they no longer exist, and in contemplation of law never had an effective existence. But if these orders are vacated, the right to appeal or file a petition to revise is gone.

This motion to vacate was made after notice of petition had been given. It is therefore entirely...

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