Metropolitan Stock Exchange v. Gill

BINGHAM, Circuit Judge.

On October 24, 1912, a decision was rendered in this case reversing the judgment of the Circuit Court in favor of the defendant, Gill, and remanding the case to the District Court for further proceedings in conformity with the decision and the agreement of the parties. Since then a petition for rehearing has been filed by the defendant, in which the position was taken that this court erred when it declined to follow the decision of the Circuit Court of Appeals for the Second Circuit in Municipal Telegraph & Stock Co. v. Ward, 138 Fed. 1006, 70 C. C. A. 284, and stated…