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The Court ruled after rehearing Reid v. Covert that the military does not have court-martial jurisdiction over civilians in peacetime.
But after rehearing the case last Monday, the committee decided to uphold its earlier decision, said Mark A. Larsen, Mr. Acker's lawyer.
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Attorney General John J. Farmer Jr. had sought the rehearing after the court deadlocked last month on his appeal of a lower court ruling.
Nor was the equal protection contention made at all in the petitions for rehearing filed after the Supreme Court had agreed with the lower court's interpretation of the statute to exclude petitioner.
The environmental organizations filed the lawsuit after FERC denied their request for rehearing.
Unless the Commission acts upon the application for rehearing within thirty days after it is filed, such application may be deemed to have been denied.
The long-established general rule is that the attempt, to raise a federal question after judgment, upon a petition for rehearing, comes too late, unless the court actually entertains the question and decides it.
At the same time, the Court sua sponte ordered that issuance of the mandate be stayed until seven days after disposition of any timely petition for rehearing or petition for rehearing en banc.
We act on the case as made to the court below when the judgment was rendered, and cannot incorporate into the record any new matter which appears for the first time after the judgment on a petition for rehearing.
The Center for Biological Diversity CBDD) filed a petition for rehearing and/or modification of opinion after the Ninth Circuit Court of Appeals deferred to EPA and upheld a Prevention of Significant Deterioration (PSD) permit for a biomass-burning power plant at a lumber mill in California.
He would carry the day after federal prosecutors appealed for an en banc rehearing, reiterating that point for an eight-judge mandrity and saying that unless Jacobson could demonstrate that a specifically protected right had been violated by the investigation, the conviction should stand.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com