¶1A. I. Dittenhoff, for the motion.
¶2.Stephen H. Olin, opposed.
¶3Before WALLACE, LACOMBE, and SHIPMAN, Circuit Judges.
¶5The supreme court had decided in this case that no appeal was ever taken from the judgment of this court. 16 -Sup. Ct. 961. The time has now passed within which an appeal can be taken. The judgment was duly entered in this court. To vacate it and direct the entry of a new judgment for the purpose of permitting an appeal would be merely an evasion of the statute which requires appeals 'to be brought within a prescribed time. We are satisfied that we are without power to grant any relief.