v0519-309

No. 1666.

United States

Circuit Court of Bppcats

FOR THE NINTH CIRCUIT

Affirmance: May Session, 1909.

George Erkel,

Plaintiff in Error,

vs.

The United States,

Defendant in Error.

PETITION fOR RESIEARING.

To the Hon. Circuit Judges of Said Court:

Plaintiff in error herein respectfully asks for a re-

hearing of said cause upon the grounds hereunder set

forth.

First. Petitioner was taken by surprise by this

REVERSAL of the dccisiou, ore tcniis, made in his favor

at the trial on the technical point as to a "written stipu-

lation." His attorney was stopped in the midst of the

argument and the point of defendant in error overruled,

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