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MAISON DORIN SOCIÉTÉ ANONYME v. ARNOLD

Nos. 257, 258.

16 F.2d 977 (1927)

MAISON DORIN SOCIÉTÉ ANONYME v. ARNOLD et al. (two cases).

Circuit Court of Appeals, Second Circuit.

January 17, 1927.

Attorney(s) appearing for the Case

Coudert Bros., of New York City (Charles B. Samuels, Hugo Mock, and Asher Blum, all of New York City, of counsel), for appellant.

Armstrong, Keith & Kern, of New York City (Joseph W. Murphy, of New York City, of counsel), for appellees.

Before MANTON and HAND, Circuit Judges, and CAMPBELL, District Judge.

CAMPBELL, District Judge (after stating the facts as above).

Appellant contends that under equity rule 57, after a cause has been dismissed under its terms, the District Court has no power to recall the parties, and no authority to hear a motion to vacate an order granted under said rule, without the permission of the Supreme Court of the United States, and bases its contention largely upon the apparently mandatory phrase "shall be dismissed" contained in said rule...

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