Lack

In Lack v. Western Loan & Building Co., 9 Cir., 134 F.2d 1017 , we reversed, in part, a judgment of the District Court of the United States for the Southern District of California and remanded the case to *1021 that court with directions to enter judgment awarding to Western $19,250 of the $28,067.87 which had been deposited in the registry of the court by Pearl Assurance Company, Limited, awarding to Lack the balance ($8,817.87) of the $28,067.87, and requiring Western to convey certain property to Lack.

Our mandate was issued on May 29, 1943, and was filed in the District Court on June 3, 1943. Thereupon, instead of entering judgment as directed, the court entered an interlocutory decree. Lack moved the court to “resettle and amend” the interlocutory decree. Western moved to strike a part of Lack’s motion. The court entered an order granting Western’s motion and denying Lack’s motion. Lack appealed from the interlocutory decree and from the order. We dismissed that appeal on December 30, 1944. Lack v. Western Loan & Building Co., 9 Cir., 146 F.2d 852 .

On July 2, 1945, the District Court entered judgment in accordance with our mandate of May 29, 1943. Lack has appealed from…