Rosenthal & Company, a Partnership, and Fgl Commodity Services, Inc., an Iowa Corporation v. Rothwell Cotton Company, Inc., a Texas Corporation
ROSENTHAL & COMPANY, a Partnership, and FGL Commodity Services, Inc., an Iowa Corporation, Plaintiffs-Appellees, v. ROTHWELL COTTON COMPANY, INC., a Texas Corporation, Defendant-Appellant
Opinion
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, *711 if any, Rosenthal’s “judicial admission” played in this action.”
IT IS SO ORDERED.
How later courts describe this case
Explanatory parentheticals written by citing courts — 17 in all; the most informative distinct ones are shown.
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(stating that a motion to reconsider under Rule 54(b) may not serve as a vehicle to identify facts or raise legal arguments which could have been, but were not, raised or adduced during the pendency of the motion for which reconsideration was sought)
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(affirming district court’s denial of motion to reconsider under Rule 54(b))
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(providing nearly identical standard for motion under Rule 59(e))
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