179 F. Supp. 156 | E.D. Pa. | 1959
This case, reported at 177 F.Supp. 614, is again before the Court on exceptions of petitioner Stephen J. Kovrak to the final order, judgment and decree entered October 23, 1959, and his motion to vacate, alter or amend the said final order, judgment and decree.
The only contention of the petitioner at oral argument on his exceptions and motion, not previously heard and decided, is that because an affidavit in the record submitted on behalf of the petitioner (made solely on the basis of information and belief) stated that the late Judges J. Whitaker Thompson and Oliver B. Dickinson
This contention is completely devoid of merit. It appears that the affiant is the only person who ever heard of such a rule or policy. Counsel for
. Judge Thompson left this Court upon elevation to the Court of Appeals on January 29, 1931. Judge Dickinson died September 16, 1939. Judge George A. Welsh, who admitted petitioner upon a false certification of eligibility, sat with, the Court in banc and concurred in the decision. Judge Welsh has been a member of this Court since May 20, 1932.