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Rosenthal Company v. Rothwell Cotton Company

United States Court of Appeals, Seventh Circuit
Dec 11, 1987
835 F.2d 710 (7th Cir. 1987)

Summary

affirming district court's denial of motion to reconsider under Rule 54(b)

Summary of this case from Motta & Motta LLC v. Lawyers 777, LLC

Opinion

No. 86-1510.

December 11, 1987.

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division; Prentice H. Marshall, Judge.

Before BAUER, Chief Judge, and FLAUM, Circuit Judge and REYNOLDS, Senior District Judge

The Honorable John W. Reynolds, Senior District Judge for the Eastern District of Wisconsin, is sitting by designation.


ORDER

On consideration of the petition for rehearing with suggestion for rehearing en banc filed in the above-entitled cause by Defendant-Appellant Rothwell Cotton Company, Inc., no judge in active service has requested a vote thereon, and all of the judges on the original panel have voted to deny the petition for rehearing. Accordingly,

IT IS HEREBY ORDERED that the aforesaid petition for rehearing be, and the same is, DENIED.

In addition, the court amends its opinion of August 24, 1987 as follows:

Footnote 1, on page 249, should read as follows: delete everything after "reconsider in the district court." on page 6; insert instead: "`Arguments not raised in the briefs are waived. . . .' United States v. Hornick, 815 F.2d 1156, 1159 (7th Cir. 1987) (citation omitted). Because Rothwell ignored this contention until oral argument, the court will not consider what role, if any, Rosenthal's "judicial admission" played in this action."

IT IS SO ORDERED.


Summaries of

Rosenthal Company v. Rothwell Cotton Company

United States Court of Appeals, Seventh Circuit
Dec 11, 1987
835 F.2d 710 (7th Cir. 1987)

affirming district court's denial of motion to reconsider under Rule 54(b)

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affirming district court's denial of motion to reconsider under Rule 54(b)

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affirming district court's denial of motion to reconsider under Rule 54(b)

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affirming district court's denial of motion to reconsider under Rule 54(b)

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Case details for

Rosenthal Company v. Rothwell Cotton Company

Case Details

Full title:ROSENTHAL COMPANY, A PARTNERSHIP, AND FGL COMMODITY SERVICES, INC., AN…

Court:United States Court of Appeals, Seventh Circuit

Date published: Dec 11, 1987

Citations

835 F.2d 710 (7th Cir. 1987)

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