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JONES MERCANTILE CO. v. SMITH

No. 5859.

44 F.2d 168 (1930)

JONES MERCANTILE CO. v. SMITH.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 5, 1930.

Attorney(s) appearing for the Case

E. Clem Powers, of Atlanta, Ga. (Jones, Evins, Powers & Jones, of Atlanta, Ga., and E. M. McCanless, of Canton, Ga., on the brief), for appellant.

Mac Asbill, of Atlanta, Ga. (Watkins, Asbill & Watkins, of Atlanta, Ga., on the brief), for appellee.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.

FOSTER, Circuit Judge.

Appellee was the lessee of a hotel owned by appellant in Canton, Ga., and, after notice declaring a breach of the lease because of complaint about the manner in which the hotel was being operated, was dispossessed through a proceeding before a justice of the peace under the law of Georgia. Park's Ann. Code of Georgia, § 5385 et seq. Appellee brought suit for damages for alleged violation of the lease by appellant and recovered judgment...

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