The following excerpt is from British Intern. v. Seguros La Republica, 354 F.3d 120 (2nd Cir. 2003):
Lastly, the motion to vacate comes after we issued our mandate. We may recall our mandate, but "this power is to be exercised sparingly, and reserved for exceptional circumstances." Sargent v. Columbia Forest Prods., Inc., 75 F.3d 86, 89 (2d Cir.1996) (internal citations and quotation marks omitted). "The sparing use of the power demonstrates it is one of last resort, to be held in reserve against grave, unforeseen contingencies." Calderon v. Thompson, 523 U.S. 538, 549-50, 118 S.Ct. 1489, 140 L.Ed.2d 728 (1998) (involving the courts of appeals' "inherent power to recall their mandates"). This restraint is justified by the "need to preserve finality in judicial proceedings." Sargent, 75 F.3d at 89.
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