Tidwell v. Chattanooga Boiler & Tank Co.

A petition to rehear is filed in which we are asked to remand this canse for further proof and another hearing. The case was tried on a stipulation of facts and our attention is called to certain details of the opinion which it is said are inaccurate and may he ascribed to the meager stipulation. These matters, however, are unimportant and another trial is not required.

It makes no difference upon what ground the District Court of the United States dismissed the suit of the state of Ohio against defendant, so long as the merits of the claim were not involved. Neither does it matter that the…