Salsbury Motors, Inc. v. United States

In its opinion in this case, 9 cir., 210 F.2d 171 , certiorari denied 347 U.S. 953 , 74 S.Ct. 679 , this court construed the decision of the trial court there under review as not having determined or adjudged whether if the United States collected its claim from Salsbury Motors, Inc., the latter would then have the right to demand reimbursement from money in the hands of the receiver. Accordingly, having held that the question of recovery over was not actually before the trial court, and was not decided by it, this court held in effect that it was not necessary for the court to pass upon that question or to consider the merits of the receiver’s cross-appeal.

It is disclosed by the present motion that subsequent to the filing of this court’s mandate in the court below, Sals-bury Motors, the debtor, paid the amount of the government’s claim and thereupon filed a petition with the referee in bankruptcy setting forth such payment (in the amount of $16,753.78 with interest *32 in the amount of $4,212.08),'and praying that the court issue an order requiring the receiver to show cause why an order should not be entered directing him to reimburse the debtor from the funds held by him in…