Kelling Nut Co. v. National Nut Co.

After argument the motion to dismiss, the appeal was granted from the bench on August 28, 1944, Appellant seeks a rehearing.

On June 22, 1943, the court below entered a judgment of dismissal of the complaint, without prejudice, on condition that “the question of defendant’s costs and expenses herein shall hereafter be determined upon motion presented to the United States District Court for the Northern District of Illinois, Eastern, in an action pending therein, entitled ‘National Nut Company of California v. Kelling Nut Company, et al.’ and designated as No. 43 C 423; for determination by said Court at its discretion under Rule 41(d) of the Rules of Civil Procedure of the United States District Court, 28 U.S.C.A. following section 723c without limitation or direction by reason of any order heretofore made by this court; or, if such Court shall decline to hear said motion, then to .this Court, upon proper notice to plaintiff for determination pursuant to Rule 41(a) (2). It is further ordered that in the eve'nt such issue of costs and expenses shall be pre *419 settled to this Court by motion pursuant to the foregoing order, this Court reserves jurisdiction to hear such motion and…