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WINSTON & CO. v. GEORGIA & F. R. R.

34 F.2d 163 (1929)

WINSTON & CO., Inc., v. GEORGIA & F. R. R. et al.

District Court, W. D. South Carolina.

July 30, 1929.

Attorney(s) appearing for the Case

Grier, Park & McDonald and J. B. Park, all of Greenwood, S. C., and J. Wm. Thurmond, of Edgefield, S. C., for plaintiff.

Hull, Barrett & Willingham, of Augusta, Ga., Nicholls, Wyche & Byrnes, of Spartanburg, S. C., and W. H. Nicholson, of Greenwood, S. C., for defendant Georgia & F. R. Co.

Wilton H. Earle, of Greenville, S. C., and White & Case, of New York, N. Y., for defendant New York Trust Co.

GLENN, District Judge.

This suit comes before me on a notice to refer the issues to a special master for trial. The defendant also gave notice that it would ask that the questions of fact arising in the suit be submitted to a jury for trial as provided by section 5660, volume 3, Code of Laws of South Carolina.

Afterwards the defendant gave notice of a further motion to dismiss the summons and complaint upon the ground, first, that a legal and equitable cause...

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