NEVIN, District Judge.
On April 23, 1940, defendant herein filed a document entitled "Petition for Rehearing." In its petition for rehearing, after setting forth certain findings of this court as set out in a judgment entry filed herein on the 18th day of July, 1939, defendant asserts that "on the 25th day of March, 1940, the Supreme Court of the United States decided the case of Ethyl Gasoline Corp. v. United States, which is reported in
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