On Petition for Rehearing
PER CURIAM.On the last day of the extension of time granted for filing of a petition for rehearing herein, the appellant filed an application for leave to file a petition for rehearing consisting of 36 typewritten pages together with an appendix of approximately the same length. With the motion appellant lodged with the Clerk his proposed enlarged petition.
Upon consideration of the application for leave to file the petition, and upon examination of the petition itself,
It is ordered that leave to file the petition as requested be, and the same is hereby granted.
It is further ordered that the said petition for rehearing be, and the same is hereby denied.
The petition has appended under the heading of “Appendix B” what is asserted to be a copy of an instrument executed May 27, 1958 by Knox acknowledging receipt by Knox from one William Van de Carr of a sum which petitioner asserts was the $3788 of overborrowing referred to in footnote 46 of the court’s opinion. Whether such a sum was paid is not a part of the record of this court as the judgment of the trial court, entered April 18, 1958, preceded the date of the claimed payment. See the trial court’s opinion, D.C., 159 F.Supp. 795, at p. 806. If after judgment some payment was made which should be credited on the judgment, that is a matter to be determined by the trial court after the return of the mandate. Such a question is not to be litigated in this court now and should not delay the effective date of our mandate.