Bank of China v. Wells Fargo Bank & Union Trust Co.

In these cases the District Court found that a satisfactory solution could not be reached on the evidence before it. That court, therefore, continued the causes sine die and entered the following order:

See 92 F.Supp. 920 . This appeal is taken from that order.

In 'briefs and oral argument, the parties have made it clear that there is now available additional evidence of substantial significance. The District Court may deem it expedient to re-examine the case in the light of changing world conditions and such additional evidence as may be made available to it by the respective parties.

This court has the power to make such disposition of the case as justice may require. 28 U.S.C.A. § 2106 ; see Bryan v. United States, 1950, 338 U.S. 552 , 70 S.Ct. 317 , 94 L.Ed. 335 ; Schaff v. R. W. Claxton, 1944, 79 U.S.App.D.C. 207 , 144 F.2d 532 . We think the appropriate procedure to attain that end is to dismiss the appeals without prejudice and remand the causes to the district court. Cf. Greene v. United Shoe Machinery Co., 1 Cir. 1903, 124 F. 961 .

It is so ordered.