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CONN v. ROOS

No. 4756.

14 F.2d 64 (1926)

CONN et al. v. ROOS et al.

Circuit Court of Appeals, Fifth Circuit.

July 24, 1926.

Attorney(s) appearing for the Case

Frank H. Booth, of San Antonio, Tex., Joseph Welden Bailey, Jr., and Joseph W. Bailey, both of Dallas, Tex., A. J. Bell, of San Antonio, Tex., and Fred Brasted, of Fort Worth, Tex. (C. L. Bell, of San Antonio, Tex., on the brief), for appellants.

J. B. Lewright and William Aubrey, both of San Antonio, Tex., H. M. Garwood and Lewis R. Bryan, both of Houston, Tex., and W. B. Spencer, of New Orleans, La., for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge (after stating the facts as above).

The District Judge's statement in his oral opinion, that he had "not given any weight to any of the testimony," standing alone, doubtless would sustain the contention of appellants that the case was not decided on its merits. But that statement, as clearly appears from what preceded it, had reference only to the testimony of witnesses relating to admissions against interest...

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