Bolognese v. Anderson

HARRIS, District Judge.

An opinion was filed in the above case on May 9, 1935, and published in 87 U. 450, 44 P. (2d) 706. Thereafter motions for a rehearing were filed herein by both the respondent and the appellant Fidelity Investment Company. The burden of the appellant’s motion is that this court erred in refusing to direct a judgment quieting title in .the appellant as against the respondent.

The objection is directed to what is said in the paragraph designated [3] in the report of the opinion contained in the Pacific Reporter. It is first complained that the opinion by inference holds…