68 F.2d 313 | 8th Cir. | 1933
The motion for leave to file a motion for leave to file a bill of review in the District Court (including that motion), presented and
Careful consideration of the motion and the argument has convinced that no sufficient showing of newly discovered evidence or new matter is disclosed to sustain the motion herein. We are not persuaded that either the fluctuation of the stock of the Burroughs Adding Machine Company of Michigan, as reflected by the quotations upon the New York Stoek Exchange, or the course of litigation in the case of Johanna F. Fiske v. State of Missouri, 62 F.(2d) 150, this court, presents new matter or newly discovered evidence of the kind that is required to justify the very rare and extraordinary remedy by bill of review.
Therefore, the motion is denied.
STONE, Circuit Judge, dissents.