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STATE OF NORTH CAROLINA v. SOUTHERN RY. CO.

No. 2700.

30 F.2d 204 (1929)

STATE OF NORTH CAROLINA, through BRUMMITT, Atty. Gen., v. SOUTHERN RY. CO. et al.

Circuit Court of Appeals, Fourth Circuit.

January 14, 1929.

Attorney(s) appearing for the Case

Dennis G. Brummitt, Atty. Gen., of North Carolina, and Aubrey L. Brooks, of Greensboro, N. C. (Frank Nash, Asst. Atty. Gen. of North Carolina, Edward S. Parker, Jr., Julius C. Smith, C. R. Wharton, and Edwin J. Martenet, all of Greensboro, N. C., on the brief), for appellant.

S. R. Prince, of Washington, D. C. (G. H. Hastings, of Winston-Salem, N. C., and L. E. Jeffries, of Washington, D. C., on the brief), for appellees.

Before WADDILL and NORTHCOTT, Circuit Judges, and GRONER, District Judge.

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

The first and second assignments of error will be considered together, inasmuch as they both involve the question of the correctness of the ruling of the trial court in refusing to allow the Attorney General of North Carolina to intervene in behalf of that state in this cause, and to set up herein the several causes for intervention set forth in the bills praying relief in that respect, and in dismissing such...

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