J. Leland Anderson v. Roger I. Knox

300 F.2d 296 J. Leland ANDERSON, Appellant, v. Roger I. KNOX, Appellee. No. 16196. United States Court of Appeals Ninth Circuit. January 2, 1962. On Petition for Rehearing February 28, 1962. Ivan E. Lawrence, Reseda, Cal., for appellant. Before CHAMBERS, Chief Judge, and POPE and HAMLIN, Circuit Judges. PER CURIAM. 1 Appellant asks for a total of 150 days in which to file a petition for rehearing. Counsel's affidavit in support of the application states: "Due to length of the record (approximately 4500 pages) and especially its complexity involving charts and schedules of accounting and insurance data, approximately 186 exhibits, the expanded size of the briefs (approximately 400 pages), and the length of this Court's decision of December 4, 1961 (48 pages), affiant urgently requires a maximum extention of time to prepare and file a petition for rehearing, en banc." 2 It is obvious from the statements in the affidavit that appellant plans, under the guise of a petition for rehearing, to study and reargue his case anew. Such is not the proper function of a petition for a rehearing, and an attempt to do as suggested is an abuse of the privilege of making such a petition.…

Appellant asks for a total of 150 days in which to file a petition for rehearing. Counsel’s affidavit in support of the application states: “Due to length of the record (approximately 4500 pages) and especially its complexity involving charts and schedules of accounting and insuranee data, approximately 186 exhibits, the expanded size of the briefs (approximately 400 pages), and the length of this Court’s decision of December 4, 1961 (48 pages), affiant urgently requires a maximum extention of time to prepare and file a petition for rehearing, en banc.”

It is obvious from the statements in the affidavit that appellant plans, under the guise of a petition for rehearing, to study and reargue his case anew. Such is not the proper function of a petition for a rehearing, and an attempt to do as suggested is an abuse of the privilege of making such a petition. Furthermore, such efforts are ill-advised and self-defeating.

A properly drawn petition for rehearing serves a very limited purpose. That purpose is well outlined in the rule on the subject adopted by the Eighth Circuit, to which we should call counsel’s attention. There the limited purpose of such a petition is properly stated…

On Petition for Rehearing

On the last day of the extension of time granted for filing of a petition for rehearing herein, the appellant filed an application for leave to file a petition for rehearing consisting of 36 typewritten pages together with an appendix of approximately the same length. With the motion appellant lodged with the Clerk his proposed enlarged petition.

Upon consideration of the application for leave to file the petition, and upon examination of the petition itself,

It is ordered that leave to file the petition as requested be, and the same is hereby granted.

It is further ordered that the said petition for rehearing be, and the same is hereby denied.

The petition has appended under the heading of “Appendix B” what is asserted to be a copy of an instrument executed May 27, 1958 by Knox acknowledging receipt by Knox from one William Van de Carr of a sum which petitioner asserts was the $3788 of overborrowing referred to in footnote 46 of the court’s opinion. Whether such a sum was paid is not a part of the record of this court as the judgment of the trial court, entered April 18, 1958, preceded the date of the claimed payment. See the trial court’s opinion,…