v0856-367

No. 2361.

IN THE

United States Circuit Court of Appeals

For tde NintK Circait

THE CONNELL BROTHERS COMPANY,

a corporation,

Plaintiff in Error,

vs.

1. DIEDERICHSEN & COMPANY,

Defendant in Error.

PETITION FOR REHEARING

To the Honorable Judges of the United States

Circuit Court of Appeals for the Ninth Circuit.

The plaintiff in error in the above entitled cause,

being aggrieved by the decision of said cause filed

herein on the 18th day of May, 1914, hereby humbly

petitions the Court to grant a rehearing of said

cause and, as grounds therefor, states:

The decision gives effect to a stipulation in a

way to eliminate part of the issues made by the

pleadings and restrict the debatable ground to "the

two general questions which were reserved by the

stipulation and upon which the lower Court passed."

Against this, we shall not complain, but it is

manifest that the first of said questions, as restated

in the opinion, is very much broader than the ques-

tion which the stipulation specifies.

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