E. C. ATKINS & CO. v. DUNN

No. 4205.

38 F.2d 403 (1930)

E. C. ATKINS & CO. v. DUNN, County Auditor, et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 8, 1930.


Attorney(s) appearing for the Case

Louis B. Ewbank and Joseph J. Daniels, both of Indianapolis, Ind., for appellant.

Wm. Thompson and William Bosson, both of Indianapolis, Ind., for appellees.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


ALSCHULER, Circuit Judge.

On a prior appeal from a decree of dismissal of the bill herein for want of jurisdiction appearing on its face, this court, out of abundance (possibly overabundance) of caution, deeming it better that, before final determination, full opportunity be afforded for presenting all the facts, reversed the decree and remanded the cause. 28 F.2d 5.

Thereupon the cause was heard on stipulated facts, resulting...

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