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CHICAGO, R. I. & P. R. CO. v. STUDE

Nos. 10724-10726.

204 F.2d 954 (1953)

CHICAGO, R. I. & P. R. CO. v. STUDE et al. STUDE v. CHICAGO, R. I. & P. R. CO. STUDE et al. v. CHICAGO, R. I. & P. R. CO.

United States Court of Appeals Eighth Circuit.

June 17, 1953.

Attorney(s) appearing for the Case

A. B. Howland, Des Moines, Iowa (R. L. Read and B. A. Webster, Jr., Des Moines, Iowa, were with him on the brief), for Chicago, R. I. & P. R. Co.

Raymond A. Smith, Council Bluffs, Iowa, and Harold W. Kauffman, Omaha, Neb. (Philip J. Willson, John M. Peters, Council Bluffs, Iowa, G. C. Wyland, Avoka, Iowa, Daniel J. Gross, Omaha, Neb., and Dorothy O'D Martin, Atlantic, Iowa, were with them on the brief), for Archie C. Stude, et al.

Before GARDNER, Chief Judge, and THOMAS and COLLET, Circuit Judges.

COLLET, Circuit Judge.

On petition for rehearing it is asserted that we should have treated the appeal from the award of the sheriff's commission to the United States District Court, and the subsequent filing of a complaint in the United States District Court, as an original proceeding in that court and should have held that the United States District Court had jurisdiction on grounds of diversity of citizenship, as was done in Burford v. Sun Oil Co.,

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