Vendo Co. v. Lektro-Vend Corp., 434 U.S. 425 (1978)

Vendo Co. v. Lektro-Vend Corp.

No. 76-156

Decided January 23, 1978
434 U.S. 425

ON MOTION FOR CLARIFICATION OF JUDGMENT

Syllabus

Petitioner’s motion for clarification of this Court’s judgment ordering that

this cause be, and the same is hereby, remanded to the United States Court of Appeals for the Seventh Circuit for further proceedings in conformity with the opinion of this Court,

is denied. While such motion may be properly treated as a motion for leave to file a petition for a writ of mandamus against the District Court (to which the Court of Appeals, in turn, had remanded the case) to execute this Court’s judgment, it does not appear that service of the motion was made on the judge or judges to whom the writ is sought to be directed as required by this Court’s Rule 31, and, in any event, to grant the motion for clarification would serve no useful purpose, since the judgment in question is typically a routine order directing that this Court’s decision be carried into effect. If petitioner believes the District Court is failing to carry out the judgment of this Court, its remedy is by motion for leave to file a writ of mandamus pursuant to Rule 31.