Court of Appeals for the Ninth Circuit January 16, 1939, No. 8874 (Mitchell v. Greenough)

WILBUR, Circuit Judge.

In his petition for rehearing the appellant contends for the first time that the controlling statute of limitations is sec. 159, par. 2 of Remington’s Revised Statutes of Washington, which fixes a period of-three years, and claims that his action is brought within that period. A party cannot on petition for a rehearing shift his position. Marion Steam Shovel Co. v.