EQUITABLE LIFE ASSUR. SOC. v. RAYL

No. 7117.

16 F.2d 68 (1926)

EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES v. RAYL.

Circuit Court of Appeals, Eighth Circuit.

November 15, 1926.


Attorney(s) appearing for the Case

John L. Hunt, of Topeka, Kan. (Bennett R. Wheeler and S. M. Brewster, both of Topeka, Kan., on the brief), for appellant.

John M. Martin, of Los Angeles, Cal., and C. M. Williams and D. C. Martindell, both of Hutchinson, Kan., for appellee.

Before STONE, VAN VALKENBURGH, and BOOTH, Circuit Judges.


STONE, Circuit Judge.

When this case was argued and submitted to this court, it scanned the record, as was its duty to do, to ascertain whether proper jurisdiction appeared therein. Convinced that no such jurisdiction appeared but apprehending that the parties might not have had this matter in mind and, in consequence, might have omitted from that record something which would bear upon the jurisdiction of the trial court (as a federal court) but which had no bearing...

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