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BERRY v. DAVIS

Nos. 7068, 7069.

15 F.2d 488 (1926)

BERRY v. DAVIS et al. BERRY, County Registrar, et al. v. SAME.

Circuit Court of Appeals, Eighth Circuit.

October 29, 1926.

Attorney(s) appearing for the Case

Charles E. McPherren, of Oklahoma City, Okl., and Sid White, of Okemah, Okl. (White & Nichols, of Okemah, Okl., and Lydick & McPherren and Irvin L. Wilson, all of Oklahoma City, Okl., on the brief), for plaintiffs in error.

J. J. Bruce, of Muskogee, Okl. (Bruce & Brewer, of Muskogee, Okl., and Spencer Adams, of Okmulgee, Okl., on the brief), for defendants in error.

Before SANBORN, STONE, and KENYON, Circuit Judges.

SANBORN, Circuit Judge.

The defendants in error in these cases have made motions to dismiss them on the ground that the judgment and order of the United States District Court challenged by the writs was rendered in a "case that involves the construction or the application of the Constitution of the United States" (section 238, Judicial Code [section 1215, Compiled Statutes]); and the jurisdiction of the District Court below rested solely on the fact that the suit...

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