W. D. MacKay v. American Potash & Chemical Co., Inc., a Corporation, and Stauffer Chemical Company, a Corporation

Good Law
270 F.2d 646·1959 U.S. App. LEXIS 3310
United States Court of Appeals for the Ninth CircuitOctober 2, 195916135_1California143 words

Opinion

In a “Prefatory Statement” to appellant’s petition for rehearing appellant states:

Attached to appellant’s petition for rehearing are six letters, statements and reports which were not a part of the record in the district court, and which ap pellant has referred to as “new evidence,” and which cannot be considered by this Court on petition for rehearing. In the remaining portion of the petition for rehearing appellant in the main reargues that there was an abuse of discretion on the part of the district court in granting appellees’ motion for a summary judgment. Nothing in the petition causes us to change the view expressed in our original opinion.

The petition for rehearing is another illustration of the difficulties encountered by a layman who chooses to spend money on appeal rather than for the services of competent counsel.

The petition for rehearing is denied.