Opinion
No. 2251.
October 18, 1928.
Appeal from the District Court of the United States for the District of Porto Rico; Ira K. Wells, Judge.
Vernon W. Marr, of Boston, Mass. (Luis Toro Cabanas and Hugh R. Francis, both of San Juan, Porto Rico, on the brief), for appellant.
John V. Spaulding, Asst. U.S. Atty., of Boston, Mass. (John L. Gay, U.S. Atty., and Jesus A. Gonzalez, Asst. U.S. Atty., both of San Juan, Porto Rico, on the brief), for appellee.
Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.
The following final decree entered: The decree of the District Court is vacated, and the case is remanded to that court, with directions to enter an order dismissing the petition for want of jurisdiction without costs; neither party recovers costs in this court. Knapp v. Lake Shore Michigan Southern Railway Co., 197 U.S. 536, 25 S. Ct. 538, 49 L. Ed. 870; Covington Cincinnati Bridge Co. v. Hager, 203 U.S. 109, 27 S. Ct. 24, 51 L. Ed. 111; Barber v. Hetfield (C.C.A.) 4 F.2d 245.