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HARPER v. SEABOARD AIR LINE RAILWAY COMPANY

No. 3934.

79 F.2d 996 (1935)

Zack HARPER, Administrator of Emmett C. Harper, Deceased, Appellant, v. SEABOARD AIR LINE RAILWAY COMPANY, Inc., L. R. Powell, Jr., and Henry W. Anderson, Receivers of the Seaboard Air Line Railway Company, Appellees.

Circuit Court of Appeals, Fourth Circuit.

November 25, 1935.

Attorney(s) appearing for the Case

James S. Manning, of Raleigh, N. C. (F. E. Wallace and J. A. Jones, both of Kinston, N. C., R. E. Whitehurst, of New Bern, N. C., and T. J. White, Jr., of Kinston, N. C., on the brief), for appellant.

L. R. Varser, of Lumberton, N. C., and L. I. Moore, of New Bern, N. C. (R. A. McIntyre and O. L. Henry, both of Lumberton, N. C., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

The judgment appealed from will be reversed, and the case will be remanded to the court below, with directions to that court to remand it to the state court, on the authority of Slate et al. v. Hutcherson (C.C.A.4th) 15 F.2d 551, and Hay v. May Department Stores Co., 271 U.S. 318, 46 S.Ct. 498, 70 L.Ed. 965.

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