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NUVEEN v. BOARD OF PUBLIC INSTRUCTION

No. 8253.

88 F.2d 175 (1937)

NUVEEN v. BOARD OF PUBLIC INSTRUCTION OF GADSDEN COUNTY, FLA., et al.

Circuit Court of Appeals, Fifth Circuit.

February 16, 1937.

Attorney(s) appearing for the Case

H. M. Taylor, of Quincy, Fla., and C. L. Waller and Claude Pepper, both of Tallahassee, Fla., for appellant.

Wm. J. Oven and W. J. Oven, Jr., both of Tallahassee, Fla., for appellees.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

John Nuveen's bill in equity was dismissed on a motion asserting it to be without equity and barred by laches and by a previous election of inconsistent remedies. The District Judge sustained the first two grounds and ignored the last. Having concluded that the bill ought to be entertained, we will deal with all three in order.

The bill presents an unusual situation. In 1907 (Acts Fla.1907, c...

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