EL PASO NATURAL GAS COMPANY v. KELLY

No. 7316.

321 F.2d 645 (1963)

EL PASO NATURAL GAS COMPANY, a corporation, Appellant, v. Frank S. KELLY, Jr., William H. McCartney, and Robert L. Breedlove, Appellees.

United States Court of Appeals Tenth Circuit.

August 5, 1963.


Attorney(s) appearing for the Case

A. K. Montgomery, of Seth, Montgomery, Federici & Andrews, Santa Fe, N. M. (Allen R. Grambling, of Hardie, Grambling, Sims & Galatzan, El Paso, Tex., with him on the brief), for appellant.

George W. Hannett, of Hannett, Hannett & Cornish, Albuquerque N. M. (J. C. Smith, of Hussey & Smith, Shreveport, La., with him on the brief), for appellees.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.


PER CURIAM.

This is an appeal from a judgment entered pursuant to an opinion and mandate of this Court on a former appeal. El Paso Natural Gas Co. v. Kelly, et al., 308 F.2d 820. It is contended that the judgment does not conform to the opinion and mandate.

"Upon remand from an appellate court with a specific mandate the trial court is limited to the imperative of the mandate and is without jurisdiction to vary or extend it...

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