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CITY OF GAINESVILLE v. BROWN-CRUMMER INVESTMENT COMPANY

No. 4861.

31 F.2d 1009 (1929)

CITY OF GAINESVILLE, a Texas Municipal Corporation, Appellant, v. BROWN-CRUMMER INVESTMENT COMPANY et al., Appellee.

Circuit Court of Appeals, Fifth Circuit.

April 23, 1929.

Attorney(s) appearing for the Case

W. O. Davis, of Gainesville, Tex. (Cecil Murphy, of Gainesville, Tex., on the brief), for appellant.

John T. Suggs, of Denison, Tex., F. C. Dillard, of Sherman, Tex., Alex F. Weisberg, of Dallas, Tex., and Henry O. Head, of Sherman, Tex. (Head, Dillard, Smith, Maxey & Head, of Sherman, Tex., Elcock & Martin, of Wichita, Kan., and Thompson, Knight, Baker & Harris, of Dallas, Tex., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

On a previous hearing we affirmed a judgment in favor of appellee Brown-Crummer Investment Company and directed that the proceedings as between appellant and Head, executor, and the Southern Surety Company, be dismissed. 20 F.2d 497. On writ of certiorari the Supreme Court reversed the judgment as to the parties dismissed and remanded the case for further proceedings, without passing on the merits of the controversy...

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