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ISLAND DEVELOPMENT CO. v. McGEORGE

No. 3652.

37 F.2d 345 (1930)

ISLAND DEVELOPMENT CO. et al. v. McGEORGE.

Circuit Court of Appeals, Third Circuit.

January 2, 1930.

Attorney(s) appearing for the Case

Walter I. Hanstein, of Atlantic City, N. J., for plaintiffs in error.

James Mercer Davis, of Camden, N. J., for defendant in error.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and DICKINSON, District Judge.

WOOLLEY, Circuit Judge.

This court reversed a judgment of the District Court of the United States for the District of New Jersey in the above entitled cause and awarded a new trial. In due course the mandate issued, carrying costs to the plaintiffs-in-error pursuant to sections 3 and 5 of Rule 29 and section 7 of Rule 23. The defendant-in-error has moved that the mandate be recalled and corrected so that the costs of review shall abide the result of the second trial...

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