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JACKSON v. NORRIS

No. 5693.

37 F.2d 511 (1930)

JACKSON v. NORRIS et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 10, 1930.

Attorney(s) appearing for the Case

D. B. Chapin, of Barstow, Tex. (D. B. Chapin, of Barstow, Tex., on the brief), for appellant.

Mark McMahon, Gillis A. Johnson, and W. P. McLean, all of Fort Worth, Tex., William H. Clark, of Dallas, Tex., and Stanley Boykin, of Fort Worth, Tex. (Stanley Boykin, Gillis A. Johnson, Mark McMahon, and Cantey, Hanger & McMahon, all of Fort Worth, Tex., on the brief), for appellees.

Before WALKER and FOSTER, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

In the above cause the appellee has first moved to dismiss the appeal because there was never any order therefor by the court below or citation signed by the judge. In the alternative, if this court should find that the notice given in open court was sufficient to constitute an appeal, then no assignment of errors was attached thereto, and the record was not filed in this court within 30 days therefrom, as required by our rules; the judgment...

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