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STANDISH v. GOLD CREEK MINING CO.

No. 8485.

92 F.2d 662 (1937)

STANDISH v. GOLD CREEK MINING CO.

Circuit Court of Appeals, Ninth Circuit.

October 26, 1937.

Attorney(s) appearing for the Case

H. L. Maury, A. G. Shone, and W. E. Coyle, all of Butte, Mont., for appellant.

William Meyer, of Butte, Mont., and S. P. Wilson, of Deer Lodge, Mont., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

An able petition for rehearing points out that dictum in our opinion may be construed to assert that, if a suit be filed in a division or district other than that in which the defendant resides, the filing confers on the court no jurisdiction of the subject matter. The petition does not alter our decision, but the matters discussed are of sufficient importance to warrant clarification. The opinion is amended to read as follows:

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