Mollie Krieger v. Ownership Corporation, a Corporation of New Jersey

On Petition for Rehearing

Before BIGGS, Chief Judge, Mc-LAUGHLIN, KALODNER, STALEY, HASTIE and FORMAN, Circuit Judges.

PER CURIAM.

The petition for rehearing of the defendant, Ownership Corporation, is premised in part on its assumption that the reversal of the District Court’s Order precludes that Court’s further consideration of its motion for summary judgment or a renewal of such a motion. There is no basis for such an assumption. The cause has been remanded with instructions to proceed in accordance with our opinion filed August 11, 1959. On such remand the District Court is free to consider any motion which may be presented to it and to permit such amendments to the pleadings or the filing of such affidavits by either party to the action as it may deem permissible.

The petition for rehearing will be denied.