79 F. 1000 -

1000

79 FEDERAL REPORTER.

NOR'DHERN PAC. RY. 00. v. DE LACEY. Court of Appeals, Ninth Circuit.' February 8, 1897.) No. 339. Error to the Oircuit COUl·t of the United States for the District of WashIngton, Western Division. D. J. Crowley, B. S. Grosscup, and F. M.Dudley, for plaintiff in error. A. W. Ballard, for defendant in error. No opinion. Motion to dismiss denied. and judgment of the circuit court affirmed, with costs.

OLSONv. SNYDER. (Oircult Court of Appeals, Eighth Circuit. December 8, 1896.) No. 735. Appeal from the Oircuit. Court of the United States for the District of Nebraska. Richard H. MannIng, for appellant. John G. Manahan, for appellee. No opinion. Dismissed, with costs, pursuant to twenty-third rule, for failure to prInt record; on motion of counsel for appellee.

OREGON SHORT LINE & U. N. RY. CO. v. AMERICAN LOAN & TRUST 00. (Oircuit Court of Appeals, Ninth Oircuit. November 16, 1896.) No. 239. Appeal from the Circuit Court of the United States· for the District of Oregon. R. S. Hall and Zera Snow, for, appellant. J. N. Dolph, for appellee. DismIssed, pursuant to stipulation. '

OREGON SHORT LINE & U. N. RY. 00. v. AMERICAN LOAN & TRUST C.o. (Circuit Court of Appeals, Ninth Circuit. November 16, 1896.) No. 282. Appeal from the Circuit Court of the United ,States for the District of Oregon. R. S. Hall and Zera Snow, for appellant., Dismissed, pursuant to stipulation.

,OREGON SHORT LINE U. N. RY. CO.,v. AMERICAN UlAN & TRUST CO. (Circuit Court of Appeals, Ninth CircuIt. November 16, '-896.) No. 286. Appeal from ,the C1rcult Court of,the United States for the Dio;trict of Oregon. R. S. Hall and Zera Snow, for appellant. Sanderson Reed and H. W. Gogue, for appellee. Dismissed, pursuant to stipulation.

OREGON SHORT LINE & U..N. RY. CO. v. AMERICAN LOAN & TRUST CO. (Circuit Oourt of Appeals, Eighth Circuit. November 23, 1896.) No. 878. Appeal from tbe Oircuit Court of the United States for the District of Wyoming. R, S. Hall, for appellant. ZeraSnow, for appellee. Dismissed, pursua,nt'to stIpulation of the parties. '

PHILADELPHIA TRACTION CO. v. PALMER. (Circuit Oourt of Ap1897.). to the Circuit Court of peals, Third CIrcuIt. the ,United States for the Eastern District of 'Fennsylvania., J. Howard Gendell, for plaintiff In error. Ellery P. lngpam, for ,defendant in error. " BeDALLAS, Circuit Judge, ,and l!-?d W'ALES, District Judges. PER OURIAM. .The judges by whom this case was heard, Including the late Judge WALES, had, some time previous to his death, all agreed upon the disposition to be made of it. The survivors of those who then constituted

MEMORANDUM DECISIONS.

1001

the court do not deem It necessary, under the c1rcUmstances, to do more than announce the judgment which had thus been unanimously determined upon. ID accordance therewith the judgment of the court below 18 a11lrmed.

POMEROY v. GLENN. (Circuit Court of Appeais, Second Circuit.) No. 319. Appeal from the Circuit Court of the United States for the Southern District of New York. George Zabriskie, for appellant. B. N. Harrison, Charles Marshall, and A. H. Masten, for appellee. No opinion. Decree affirmed, with costs, on opinion in Furnald v. Glenn, 12 C. C. A. 27, 64 Fed. 49.

POPE MANUF'G 00. v. KIRKPATRICK. (Circuit Court ot Appeals, second Oircwt. December 2, 1895.) In Error to the Circuit Court of the United States for the District of Connecticut. W. A. Redding, for plaintiif in error. Curr & Curtis, for defendant in error. No opinion. Dismissed, pursuant to the twentieth rule. RANDALL v. GLENN. (Circuit Court of Appeals, Second Circuit.) No. 320. Appeal from the Circuit Court of the United States for the Southern District of New York. George Zabriskie, fOT appellant. B. N. Harrison, Charles Marshall, and A. H. Masten, for appellee. No opinion. Decree affirmed, with costs, on opinion in Furnald v. Glenn, 12 C. C. A. 27, 64 Fed. 49.

In re'RICKS. (Circuit Oomt of Appeals, Fifth Oircuit. AprIl 28, 1896.) No. 495. Petition for mandamus requiring the judges ot the circuit court tor the Eastern district of Louisiana to grant an appeal in the cause of Charles Hoppe & SOn Malting Co. against the New Orleans Brewing Association. W. D. Hart, tor petitioner. No opinion. Petition refused.

ROTH v. AMERICAN LOAN & TRUST CO. et a1. (Circuit Court of Appeals, Ninth Circuit. February 1, 1897.) No. 351. Appeal from the Circuit Court of the United States for tbe District of Washington, Eastern Division. Wallace McCamant, tor appellees. No opinion. Appeal dismissed, with costs, on motion ot counsel for appellees. RUSS V. TELFENER.l (CirCUit Court of Appeals, Fifth Circuit. November 24, 1896.) No. 537. In Error to the Circuit Court of the United States for the Western District of 1.'exas. Before PARDEE and McCORMIOK, Circuit Judges, and NEWMAN, District JUdge. PER CURIAM. When this case was last before the supreme court of the United States (16 Sup. Ct. 695), the contract upon which the plaintiff In error !lues was fully examined, considered, and construed, leaving, in our opinion, no ground upon which Russ, plaintiif below, plaintiif in error bere, can maintain a suit thereon. The jUdgment of tbe circuit court was to this eifect, and is affirmed.
1

Rehearin&, denied, January 26, 1897.