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ISHIKAWA v. ACHESON

Civ. No. 847.

90 F.Supp. 713 (1950)

ISHIKAWA v. ACHESON, Secretary of State.

United States District Court D. Hawaii.

June 9, 1950.

Attorney(s) appearing for the Case

Wilfred C. Tsukiyama, Honolulu, T. H., A. L. Wirin and Fred Okrand, Los Angeles, Cal., for plaintiff.

Ray J. O'Brien, United States Attorney, District of Hawaii, Howard K. Hoddick, Assistant United States Attorney, District of Hawaii, Honolulu, T. H., for defendant.

McLAUGHLIN, Judge.

This case was decided August 12, 1949, 85 F.Supp. 1, but for some reason no judgment was ever entered thereupon. Hence the time requirements of Federal Rules of Civil Procedure, rule 59, 28 U.S. C.A., are inapplicable. Indeed, no point is made as to the propriety of the motion.

On September 29, 1949, the defendant moved for a new trial on the basis of newly discovered evidence.

As plaintiff's...

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