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WINDHOLZ v. EVERETT

No. 3714.

74 F.2d 834 (1935)

WINDHOLZ v. EVERETT et al.

Circuit Court of Appeals, Fourth Circuit.

January 8, 1935.

Attorney(s) appearing for the Case

C. M. Bain, of Norfolk, Va. (W. B. Rodman, of Norfolk, Va., Charles Whedbee, of Hertford, N. C., and W. S. Privott, of Edenton, N. C., on the brief), for appellant.

W. D. Pruden, of Edenton, N. C. (McMullan & McMullan, of Elizabeth City, N. C., on the brief), for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and WATKINS, District Judge.

PARKER, Circuit Judge.

This is an appeal from an order setting aside a judgment and remanding the cause in which it was entered to a state court on the ground that it had been improperly removed therefrom. The action was commenced in the superior court of Chowan county, N. C., against the receivers of the Norfolk Southern Railroad Company to recover for damage sustained by a ferryboat of plaintiffs in a collision with a drawbridge of the railroad company. The case...

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