July

BROWN V. BROWN. (Circuit Court of Appeals, Eighth Circuit. 10, 1916.) No. 4747. Appeal from the District Court of the United States for the Western District of Oklahoma. Kos Harris and V. Harris, both of Wichita, Kan., for appellee.

PER CURIAM. Cause docketed and appeal dismissed, without costs to either party in this court, on motion of appellee.

CAPEWELL v. WAECHTER et al. (Circuit Court of Appeals, Ninth Circuit. October 16, 1917.) No. 3008. In Error to the District Court of the United States for the Fourth Division of the Territory of Alaska. E. Coke Hill, of Ruby, Alaska, Louis K. Pratt, of Fairbanks, Alaska, and Orrin K. McMurray, of Berkeley, Cal., for plaintiff in error. Jas. K. Brown and McGowan & Clark, all of Fairbanks, Alaska, for defendants in error.

PER CURIAM. Writ of error dismissed for noncompliance by plaintiff in error with the provisions of rules 23 and 24 of the Rules of Practice of this court (150 Fed. xxxiii, 79 C. C. A. xxxiii).

CHICAGO GREAT WESTERN R. CO. v. LEHNER. (Circuit Court of Appeals, Eighth Circuit. April 5, 1917.) No. 4808. In Error to the District Court of the United States for the Northern District of Iowa. Carr, Carr & Evans, of Des Moines, Iowa, for plaintiff in error.

PER CURIAM. Writ of error dismissed, with costs, on motion of plaintiff in error.

CHICAGO, ROCK ISLAND & PACIFIC RY. CO. v. OSBORNE. (Circuit Court of Appeals, Eighth Circuit. July 2, 1917.) No. 4847. In Error to the District Court of the United States for the Western District of Arkansas. T. S. Buzbee and H. T. Harrison, both of Little Rock, Ark., for plaintiff in error. Covington & Grant, of Ft. Smith, Ark., for defendant in error. PER CURIAM. Writ of error dismissed, at costs of plaintiff in error, per stipulation of parties; taxation of attorney's fee for defendant in error waived.

CHICAGO & N. W. RY. CO. v. McNEELY. (Circuit Court of Appeals, Eighth Circuit. September 19, 1916.) No. 4707. In Error to the District Court of the United States for the District of Nebraska. A. A. McLaughlin, Wymer Dressler, and Lyle Hubbard, all of Omaha, Neb., for plaintiff in error. M. F. Harrington, of O'Neill, Neb., for defendant in error.

PER CURIAM. Writ of error dismissed, with costs, on motion of plaintiff in error.

CHIYE KAJIKAMI v. UNITED STATES. (Circuit Court of Appeals, Ninth Circuit. October 22, 1917.) No. 3064. Appeal from the District Court of the United States for the Territory of Hawaii. Ed. F. Jared, Asst. U. S. Atty., of San Francisco, Cal.

PER CURIAM. Upon motion of counsel for the appellee, and good cause therefor appearing, ordered, appeal in the above-entitled cause dismissed for the noncompliance by the appellant with the provisions of subdivision 1 of rule 16 of the Rules of Practice of this court (150 Fed. xxix, 79 C. C. A. xxix).

CLAPP v. UNITED STATES. (Circuit Court of Appeals, Eighth Circuit. October 21, 1916.) No. 4119. Appeal from the District Court of the United States for the Western District of Oklahoma. E. C. Stanard, J. H. Wahl, and C. H. Ennis, all of Shawnee, Okl., and C. F. Smith and Everest & Camp

bell, all of Oklahoma City, Okl., for appellant. Isaac D. Taylor, Asst. U. S. Atty., of Oklahoma City, Okl.

PER CURIAM. Appeal dismissed, without costs to either party in this court, on motion of appellant.

CLARK v. UNITED STATES. (Circuit Court of Appeals, Eighth Circuit. July 2, 1917.) No. 4981. In Error to the District Court of the United States for the Western District of Oklahoma. John A. Fain, of Lawton, Okl., U. S. Atty.

PER CURIAM. Writ of error docketed and dismissed, without costs to either party in this court, on motion of defendant in error.

COSKERY v. MCFARLIN.

(Circuit Court of Appeals, Eighth Circuit. May 9, 1917.) No. 173. Petition to Revise Order of the District Court of the United States for the Southern District of Iowa. Coffin & Hippee, of Des Moines, Iowa, for petitioner.

PER CURIAM. Petition to revise dismissed, at costs of petitioner, on motion of petitioner.

CRESCENT MILLING CO. v. H. N. STRAIT MFG. CO. (Circuit Court of Appeals, Eighth Circuit. May 10, 1917.) No. 4812. In Error to the District Court of the United States for the District of Minnesota. Harris Richardson and Walter Richardson, both of St. Paul, Minn., for plaintiff in error. Cobb, Wheelwright & Dille, of Minneapolis, Minn., for defendant in

error.

PER CURIAM. Writ of error dismissed for want of jurisdiction, at costs of plaintiff in error, on motion of defendant in error. See, also, 245 Fed. 984, - C. C. A.

CRESCENT MILLING CO. v. H. N. STRAIT MFG. CO. (Circuit Court of Appeals, Eighth Circuit. May 10, 1917.) No. 4813. In Error to the District Court of the United States for the District of Minnesota. Harris Richardson and Walter Richardson, both of St. Paul, Minn., for plaintiff in error. Cobb, Wheelwright & Dille, of Minneapolis, Minn., for defendant in error.

PER CURIAM. Writ of error dismissed for want of jurisdiction, at costs of plaintiff in error, on motion of defendant in error. See, also, 245 Fed. 984, C. C. A.

CRESCENT MILLING CO. v. H. N. STRAIT MFG. CO. (Circuit Court of Appeals, Eighth Circuit. May 10, 1917.) No. 4814. Appeal from the District Court of the United States for the District of Minnesota. Harris Richardson and Walter Richardson, both of St. Paul, Minn., for appellant. Cobb, Wheelwright & Dille, of Minneapolis, Minn., for appellee.

PER CURIAM. Appeal dismissed for want of jurisdiction at costs of appellant, on motion of appellee. See, also, 245 Fed. 984, C. C. A. -.

DETROIT UNITED RY. v. MARENTETTE. (Circuit Court of Appeals, Sixth Circuit. May 18, 1917.) No. 3053. In Error to the District Court of the United States for the Eastern District of Michigan; Arthur J. Tuttle, Judge. Corliss, Leete & Moody and William G. Fitzpatrick, all of Detroit, Mich., for plaintiff in error. Selling & Brand, of Detroit, Mich., for defendant in error. Dismissed on motion.

DUNAVANT et al. v. MALLORY. (Circuit Court of Appeals, Eighth Circuit. December 5, 1916.) No. 4744. In Error to the District Court of the United States for the Eastern District of Arkansas. A. B. Shafer, of Memphis, Tenn., for plaintiffs in error. Allen Hughes, of Memphis, Tenn., for defendant in error.

PER CURIAM. Writ of error dismissed, at costs of plaintiffs in error, on motion of plaintiffs in error.

EITARO YAMADA v. UNITED STATES. (Circuit Court of Appeals, Ninth Circuit. December 22, 1917.) No. 3067. Appeal from the District Court of the United States for the Territory of Hawaii. Ed. F. Jared, Asst. U. S. Atty, of San Francisco, Cal.

PER CURIAM. Upon motion of counsel for the appellee, and good cause therefor appearing, ordered, appeal in the above-entitled cause dismissed for the noncompliance by the appellant with the provisions of subdivision 1 of rule 16 of the Rules of Practice of this court (150 Fed. xxix, 79 C. C. A. xxix).

FUHS v. GILBRECH. (Circuit Court of Appeals, Eighth Circuit. Febru. ary 2, 1917.) No. 4884. Appeal from the District Court of the United States for the Southern District of Iowa. Erwin & Newell, of Davenport, Iowa, for appellee.

PER CURIAM. Appeal docketed and dismissed, at costs of appellant, for want of prosecution, on motion of appellee.

GALBRAITH v. AHLEN. (Circuit Court of Appeals, Eighth Circuit. June 22, 1917.) No. 189. Petition to Revise Order of District Court of the United States for the District of Minnesota. Morphy, Bradford & Cummins, of St. Paul, Minn., for petitioner. Francis Muekel, of Chaska, Minn., for re spondent.

PER CURIAM. Petition to revise dismissed, without costs to either party in this court, per stipulation of parties.

G. H. WALKER & CO. et al. v. NORTH AMERICAN CO. et al. (Circuit Court of Appeals, Eighth Circuit. March 10, 1917.) No. 4806. Appeal from the District Court of the United States for the Eastern District of Missouri. J. D. & Loomis C. Johnson and Fordyce, Holliday & White, all of St. Louis, Mo., for appellants. Thomas Bond and W. F. Evans, both of St. Louis, Mo., for appellees.

PER CURIAM. Appeal dismissed, at costs of appellants, with prejudice, per stipulation of parties.

GOLDBERG et al. v. UNITED STATES. (Circuit Court of Appeals, Eighth Circuit. December 4, 1916.) No. 4848. In Error to the District Court of the United States for the Eastern District of Missouri. Arthur L. Oliver, U. S. Atty., of St. Louis, Mo.

PER CURIAM. Writ of error docketed and dismissed, without costs to either party in this court, etc., on motion of defendant in error.

(Circuit Court of Appeals, Ninth Circuit. Appeal from the District Court of the United Almon E. Roth, of San Francisco, Cal., for

GRIGSBY v. MILLER et al. November 19, 1917.) No. 3083. States for the District of Oregon. appellees.

PER CURIAM. Upon motion of counsel for appellees, and good cause therefor appearing, ordered, appeal dismissed for the noncompliance by the appellant with the provisions of subdivision 1 of rule 16 of the Rules of Practice of this court (150 Fed. xxix, 79 C. C. A. xxix). For opinion below, see 240 Fed. 188.

HARRIS v. UNITED STATES. (Circuit Court of Appeals, Eighth Circuit. May 28, 1917.) No. 4894. In Error to the District Court of the United States for the Eastern District of Oklahoma. R. A. Howard, of Ardmore, Okl., and Denton & Lee, of Muskogee, Okl., for plaintiff in error. W. P. McGinnis, U. S. Atty., and Archibald Bonds, Asst. U. S. Atty., both of Muskogee, Okl.

PER CURIAM. Reversed, without costs to either party in this court and cause remanded for new trial. Confession of error filed by counsel for government.

INTERVENING STOCKHOLDERS' COMMITTEE OF AMERICAN LUMBER CO. et al. v. DETROIT TRUST CO. (Circuit Court of Appeals, Eighth Circuit. September 17, 1917.) No. 4974. Appeal from the District Court of the United States for the District of New Mexico. A. F. Freeman, of Ann Arbor, Mich., for appellants. Harold T. Clark, of Cleveland, Ohio, E. W. Dobson, of Albuquerque, N. M., and Sidney T. Miller, of Detroit, Mich., for appellee. PER CURIAM. Appeal dismissed per stipulation and consent of parties.

IRON SILVER MINING CO. v. SKINNER, Collector. (Circuit Court of Appeals, Eighth Circuit. September 5, 1917.) No. 4882. In Error to the District Court of the United States for the District of Colorado. John A. Ewing and William V. Hodges, both of Denver, Colo., for plaintiff in error. Harry B. Tedrow, U. S. Atty., of Boulder, Colo., for defendant in error.

PER CURIAM. Writ of error dismissed per stipulation of parties, without costs to either party in this court.

JESSUP v. UNITED STATES. (Circuit Court of Appeals, Ninth Circuit. October 16, 1917.) No. 2979. In Error to the District Court of the United States for the Second Division of the District of Alaska. Hugh O'Neil, of Nome, Alaska, for plaintiff in error. F. M. Saxton, U. S. Atty., of Nome, Alaska.

PER CURIAM. Writ of error dismissed for noncompliance by plaintiff in error with provisions of rules 23 and 24 of the Rules of Practice of this court (150 Fed. xxxiii, 79 C. C. A. xxxiii).

JUNG JOONG, alias Chin Yep, alias Chin Young Ick, alias Sang My Farn, v. Edward WHITE, as Commissioner of Immigration, Port and District of San Francisco. (Circuit Court of Appeals, Ninth Circuit. October 25, 1917.) No. 3045. Appeal from the District Court of the United States for the First Division of the Northern District of California. George A. McGowan, of San Francisco, Cal., for appellant. John W. Preston, U. S. Atty., of San Francisco, Cal.

PER CURIAM. By consent of counsel for the respective parties, ordered, appeal dismissed for the noncompliance by appellant with provisions of rules 23 and 24 of the Rules of Practice of this court (150 Fed. cxxix, cxxxi, 79 C. C. A. cxxix, cxxxi).

KENNEDY v. UNITED STATES.

(Circuit Court of Appeals, Eighth Circuit. December 6, 1916.) No. 4849. In Error to the District Court of the United States for the Eastern District of Missouri. Walter N. Davis, of St. Louis, Mo., for plaintiff in error. Arthur L. Oliver, U. S. Atty., of St. Louis, Mo.

PER CURIAM. Writ of error docketed and dismissed, without costs toeither party in this court, on motion of defendant in error, etc.

KOICHI ISHII v. UNITED STATES. (Circuit Court of Appeals, Ninth Circuit. October 22, 1917.) No. 3063. Appeal from the District Court of the United States for the Territory of Hawaii. Ed. F. Jared, Asst. U. S. Atty., of San Francisco, Cal.

PER CURIAM. Upon motion of counsel for the appellee, and good cause therefor appearing, ordered appeal in the above-entitled cause dismissed for the noncompliance by the appellant with the provisions of subdivision 1 of rule 16 of the Rules of Practice of this court (150 Fed. xxix, 79 C. C. A. xxix).

MCCASKELL v. UNITED STATES. (Circuit Court of Appeals, Eighth Circuit. January 6, 1917.) No. 4866. In Error to the District Court of the United States for the Western District of Arkansas. J. V. Bourland, U. S. Atty., of Ft. Smith, Ark.

PER CURIAM. Writ of error docketed and dismissed, without costs to either party in this court, for want of prosecution, etc., on motion of defendant in error.

(Circuit

MCINTYRE-MANN TIMBER LAND CO. et al. v. ROSENFELD. Court of Appeals, Eighth Circuit. February 2, 1917.) No. 4860. Appeal from the District Court of the United States for the Eastern District of Arkansas. John M. Moore, of Little Rock, Ark., and Danaher & Danaher, of Pine Bluff, Ark., for appellants. Henry M. Armistead, of Little Rock, Ark., for appellee.

PER CURIAM. Appeal dismissed, at costs of appellants, except attorney fee for appellee waived, per stipulation of parties.

MARENTETTE v. DETROIT UNITED RY. (Circuit Court of Appeals, Sixth Circuit. June 30, 1917.) No. 3052. In Error to the District Court of the United States for the Eastern District of Michigan; Arthur J. Tuttle, Judge. Selling & Brand, of Detroit, Mich., for plaintiff in error. Corliss, Leete & Moody and William G. Fitzpatrick, all of Detroit, Mich., for plaintiff in error. Dismissed pursuant to stipulation.

MASA KEAN v. UNITED STATES. (Circuit Court of Appeals, Ninth Circuit. October 22, 1917.) No. 3066. Appeal from the District Court of the United States for the Territory of Hawaii. Ed. F. Jared, Asst. U. S. Atty., of San Francisco, Cal.

PER CURIAM. Upon motion of counsel for the appellee, and good cause therefor appearing, ordered appeal in the above-entitled cause dismissed for the noncompliance by the appellant with the provisions of subdivision 1 of rule 16 of the Rules of Practice of this court (150 Fed. xxix, 79 C. C. A. xxix).

NATIONAL SURETY CO. v. WENTZ et al. (Circuit Court of Appeals, Eighth Circuit. November 13, 1916.) No. 4770. In Error to the District Court of the United States for the District of Nebraska. T. S. Allen, of Lincoln, Neb., for plaintiff in error.

PER CURIAM. Writ of error dismissed, with costs, on motion of plaintiff in error.

NATSU ISHII v. UNITED STATES. (Circuit Court of Appeals, Ninth Circuit. October 22, 1917.) No. 3065. Appeal from the District Court of the United States for the Territory of Hawaii. Ed. F. Jared, Asst. U. S. Atty., of San Francisco, Cal.

PER CURIAM. Upon motion of counsel for the appellee, and good cause therefor appearing, ordered, appeal in the above-entitled cause dismissed