Harold Yanow v. Weyerhaeuser Steamship Company, a Corporation

After a division of this court had heard this case and decided it upon the merits, it reversed the judgment of the district court; and after petition for re» hearing filed by appellee had been re jected and its petition to the Supreme Court for certiorari had been denied, the appellee filed the present motions to recall mandate, to vacate judgment, and to dismiss, the appeal. The same panel heard these motions and denied them. Upon a petition for rehearing of the motions it granted that petition, and on the recommendation of the majority of the judges of that division, the motions have been reheard by the court sitting en banc.

The facts upon which the motions are predicated are as follows: The jury verdict in favor of defendant Weyerhaeuser was returned and filed October 25, 1956; judgment on that verdict, signed by the district judge, and bearing date October 25, 1956, was filed November 2, 1956. On November 5, 1956, after service of a copy thereof upon opposing counsel, counsel for Yanow, the plaintiff, who is the present appellant, filed in the court below a “motion for extension of time within which to file a motion for new trial.” This was supported by an affidavit of…