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SHAW v. BIRK

No. 7114.

67 F.2d 851 (1933)

SHAW v. BIRK.

Circuit Court of Appeals, Fifth Circuit.

December 13, 1933.

Attorney(s) appearing for the Case

Geo. A. Smoot, of Wichita Falls, Tex., for appellant.

Leslie Humphrey and John Q. Humphrey, both of Wichita Falls, Tex., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

BRYAN, Circuit Judge.

This is an appeal by the plaintiff, Shaw, from a judgment based on a directed verdict in favor of the defendant, Birk. In 1932, and on November 9, Shaw filed his original petition to recover damages for breach of a contract, acknowledging payment of $368 on account. On November 21 Birk pleaded in bar a judgment obtained by Shaw against him on the same cause of action in 1931 in a state court of Louisiana, alleging that the Louisiana court had...

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