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that it is one arising under the laws of the United States, there being two reasons for so classifying it. The first reason being that this cause of action is given by the law of the District of Columbia, and that, as expressly decided by this court in the case of Cohens v. Virginia, 6 Wheat. 264, when a right given by the acts of Congress passed for the District of Columbia is asserted the case is one arising under the laws of the United States within the meaning of the Constitution and of the Judiciary Act.

The second reason is that a national bank having its habitat in the District of Columbia is entitled to sue in the Circuit and District Courts as a Federal corporation, its location exempting it from the operation of those acts which deny to national banks located in States the right to sue in the Circuit and District Courts on the ground of their Federal origin.

Mr. Benjamin S. Minor, Mr. Horace B. Stanton, Mr. Edward A. Adler, Mr. B. Devereux Barker, .and Mr. Chandler M. Wood for plaintiff in error.

Mr. Alexander Wolf and Mr. Edward S. Goulston for defendant in error.

Per Curiam. Judgment affirmed with costs without opinion.

UNITED STATES v. SEWELL.

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR

THE EASTERN DISTRICT OF KENTUCKY.

No. 181. Argued April 29, 1910.-Decided May 31, 1910.

United States v. Welch, 217 U. S. 333, followed.
Before the Government is required to pay for land held to have been

taken by it, the owners should furnish a survey definitely ascertaining the land by metes and bounds.

Decisions on Petitions for Writs of Certiorari.

217 U.S.

Mr. Assistant Attorney General John Q. Thompson for plaintiff in error.

Mr. Edward S. Jouett for defendant in error.

Per Curiam. The judgment is affirmed on the authority of United States v. Welch, decided April 25, 1910, ante, p. 333; but it is ordered that before the Government is required to pay for the land held to have been taken plaintiffs below shall furnish a survey definitely ascertaining the land by metes and bounds.

Affirmed.

Decisions on Petitions for Writs of Certiorari from

Aprii 11 to May 31, 1910.

No. 843. GERMAN ALLIANCE INSURANCE COMPANY, PETITIONER, v. HOME WATER SUPPLY COMPANY. April 11, 1910. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fourth Circuit granted. Mr. Hartwell Cabell for the petitioner. No appearance for the respondent.

No. 838. E. G. COFFIN ET AL., ETC., PETITIONERS, v. Chas. R. Flint. April 11, 1910. Petition for a writ of

. certiorari to the United States Circuit Court of Appeals for the Fourth Circuit denied. Mr. R. C. Strudwick and Mr. E. J. Justice for the petitioners. Mr. J. H. Merrimon and Mr. J. Frank Snyder for the respondent.

No. 840. THE SOUTHERN PAVING & CONSTRUCTION COMPANY, PETITIONER, v. THE CITY OF GREENSBORO.

217 U.S.

Decisions on Petitions for Writs of Certiorari.

April 11, 1910. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fourth Circuit denied. Mr. Alfred S. Barnard for the petitioner. Mr. E. J. Justice for the respondent.

No. 841. S. GRAEME HARRISON, PETITIONER, v. THE PHILADELPHIA CONTRIBUTIONSHIP FOR THE INSURANCE OF HOUSES FROM Loss by FIRE. April 11, 1910. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit denied. Mr. R. Mason Lisle for the petitioner. No appearance for the respondent.

No. 846. LILLIAN F. SLOCUM, EXECUTRIX, ETC., PETITIONER, V. NEW YORK LIFE INSURANCE COMPANY. April 18, 1910. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit granted. Mr. Daniel B. Henderson for the petitioner. No appearance for the respondent.

No. 855. GEORGE M. NOWELL ET AL., PETITIONERS, v. THE INTERNATIONAL TRUST COMPANY ET AL. April 18, 1910. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit denied. Mr. George M. Nowell and Mr. Joseph B. Church for the petitioners. Mr. E. S. Pillsbury and Mr. Lewis P. Shackleford for the respondents.

No. 861. HUBERT HOPKINS, PETITIONER, v. HEBER C. PETERS ET AL. April 18, 1910. Petition for a writ of

Decisions on Petitions for Writs of Certiorari.

217 U.S.

certiorari to the Court of Appeals of the District of Columbia denied. Mr. F. R. Cornwall and Mr. L. S. Bacon for the petitioner. No appearance for the respondents.

No. 866. ILLINOIS CENTRAL RAILROAD COMPANY, PETITIONER, v. Mary O'NEILL ET AL. April 18, 1910. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied. Mr. Hunter C. Leake, Mr. Gustave Lemle, and Mr. Blewett Lee for the petitioner. No appearance for the respondents.

No. 878. THE UNITED STATES, PETITIONER, V. THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY. April 25, 1910. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit granted. The Attorney General, The Solicitor General, Mr. Edward A. Moseley and Mr. Philip J. Doherty for the petitioner. Mr. Robert Dunlap for the respondent.

No. 856. FRANK D. ZELL ET AL., PETITIONERS, v. NORFOLK & SOUTHERN RAILWAY COMPANY ET AL, April 25, 1910. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fourth Circuit denied. Mr. Thomas Leaming, Mr. John G. Johnson and Mr. Tazewell Taylor for the petitioners. Mr. Edward R. Baird, Jr., Mr. Thomas L. Chadbourne, Jr., and Mr. Frederick Hoff for the respondents.

No. 884. THE ATCHISON, TOPEKA & SANTA FE RailWAY COMPANY, PETITIONER, v. MARK B. HAMBLE.

217 U.S.

Decisions on Petitions for Writs of Certiorari.

April 25, 1910. Petition for a writ of certiorari to the United States Circuit. Court of Appeals for the Ninth Circuit denied. Mr. Robert Dunlap, Mr. T. J. Norton, Mr. Edward W. Camp and Mr. Gardiner Lathrop for the petitioner. Mr. Paul Sleman for the respondent.

No. 873. WHITIN MACHINE WORKS, PETITIONER, v. LEWIS T. HOUGHTON. May 2, 1910. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the First Circuit denied. Mr. William A. Jenner and Mr. Edmund Wetmore for the petitioner. Mr. Louis W. Southgate and Mr. W. K. Richardson for the respondent.

No. 887. Roy VERMONT ET AL., PETITIONERS, v. THE UNITED STATES. May 16, 1910. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied. Mr. Shepard Barclay and Mr. Thomas T. Fauntleroy for the petitioners. The Attorney General, The Solicitor General and Mr. Assistant Attorney General Harr for the respondent.

No. 902. 0. M. CARTER, PETITIONER, v. CHARLES A. Goss. May 16, 1910. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied. Mr. F. Charles Hume and Mr. Leigh Robinson for the petitioner. Ir. Maurice E. Locke, Mr. Eugene P. Locke, Mr. James H. McIntosh, Mr. John Charles Harris and Mr. Edward F. Harris for the respondent.

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