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HERMANN v. BROWNELL

No. 15233.

274 F.2d 842 (1960)

Frieda HERMANN, as sole remaining trustee under Trust Agreement dated March 30, 1946, by and between Fred Nagel, donor, and Frieda Hermann and Hazel Ouse, Trustees, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States, Appellee. Herbert BROWNELL, Jr., Attorney General of the United States, Appellant, v. Frieda HERMANN, as sole remaining trustee under Trust Agreement dated March 30, 1946, by and between Fred Nagel, donor, and Frieda Hermann and Hazel Ouse, trustees, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 28, 1960.

Attorney(s) appearing for the Case

Felton & Bielenberg, Moscow, Idaho, Gee & Hargraves, Pocatello, Idaho, Phillip E. Petersen, Moscow, Idaho, for appellant.

Dallas S. Townsend, Asst. Atty. Gen., David Moses, George B. Searls, Irwin A. Seibel, Marbeth A. Miller, Attys., Dept. of Justice, Washington, D. C., Ben Peterson, U. S. Atty., Boise, Idaho, for appellee.

Before HAMLEY and KOELSCH, Circuit Judges, and ROSS, District Judge.

ROSS, District Judge.

When a case is appealed from this Court to the Supreme Court, this Court completely loses jurisdiction of the cause. Thereafter, our jurisdiction can be revived only upon the mandate of the Supreme Court itself, and even upon such restoration, the jurisdiction of this Court is rigidly limited to those points, and those points only, specifically consigned to our consideration by the Supreme Court.

In the instant case, this Court is functioning...

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