No. 398.

322 U.S. 238 (1944)


Supreme Court of United States.

Decided May 15, 1944.

Attorney(s) appearing for the Case

Mr. Stephen H. Philbin, with whom Mr. Henry R. Ashton was on the brief, for petitioner.

Mr. Francis W. Cole, with whom Messrs. Walter J. Blenko, Edgar J. Goodrich, and James M. Carlisle were on the brief, for respondent.

Solicitor General Fahy, Assistant Attorney General Shea, and Messrs. Robert L. Stern and Melvin Richter filed a brief on behalf of the United States, as amicus curiae, urging reversal.

MR. JUSTICE BLACK delivered the opinion of the Court.

This case involves the power of a Circuit Court of Appeals, upon proof that fraud was perpetrated on it by a successful litigant, to vacate its own judgment entered at a prior term and direct vacation of a District Court's decree entered pursuant to the Circuit Court of Appeals' mandate.

Hazel-Atlas commenced the present suit in November, 1941, by filing in the Third Circuit Court of Appeals a petition...

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