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MITCHELL v. GREENOUGH

No. 8874.

100 F.2d 184 (1938)

MITCHELL v. GREENOUGH et al.

Circuit Court of Appeals, Ninth Circuit.

November 18, 1938.

Attorney(s) appearing for the Case

Walter B. Mitchell, of Spokane, Wash., for appellant.

Ralph E. Foley and A. O. Colburn, both of Spokane, Wash., for appellees Greenough, Foley, Martin and American Surety Co. of New York.

Post, Russell, Davis & Paine, of Spokane, Wash., for appellees Paine & Webster.

Charles W. Gillespie, of Spokane, Wash., in pro per.

Joseph McCarthy, of Spokane, Wash., for appellees LePage & Moe.

Williams & Redfield, of Spokane, Wash., for appellee Fidelity & Deposit Co. of Maryland.

Before WILBUR, HANEY, and STEPHENS, Circuit Judges.

WILBUR, Circuit Judge.

This is an appeal from a judgment of the District Court dismissing appellant's complaint for lack of jurisdiction. The appellant predicated jurisdiction upon an alleged cause of action under legislation enacted by Congress during the reconstruction period (Act April 20, 1871, ch. 22, §§ 1, 2, 17 Stat. 13) and now embodied in the United States Code (8 U.S.C.A. §§ 43, 47). The latter section (47) expressly authorizes an action...

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