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WADLOW v. ROSE

No. 5038.

20 F.2d 662 (1927)

WADLOW v. ROSE et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 10, 1927.

Attorney(s) appearing for the Case

George H. Terriberry and H. F. Stiles, Jr., both of New Orleans, La., for plaintiff in error.

Edward Rightor and Eugie V. Parham, both of New Orleans, La., for defendants in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This was an action to recover damages for personal injuries alleged to have been sustained on August 18, 1925. The plaintiff's petition was filed on August 12, 1926, but the defendants were not served with process until August 19, 1926, upon which last-mentioned date they returned to the state after an absence therefrom beginning on July 26, 1926. The District Court sustained a plea of prescription because of the failure to procure service of...

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