TOLBERT v. JACKSON

No. 8877.

100 F.2d 909 (1938)

TOLBERT v. JACKSON et al.

Circuit Court of Appeals, Fifth Circuit.

December 15, 1938.


Attorney(s) appearing for the Case

O. C. Hancock and John H. Hudson, both of Atlanta, Ga., for appellant.

E. Smythe Gambrell and Ralph R. Quillian, both of Atlanta, Ga., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


On motion to modify or clarify opinion and for a rehearing.

PER CURIAM.

It is apparent from the opinion itself that the court was not deciding any controverted issue of fact, but was accepting as true the facts alleged in the plaintiff's declaration or complaint. The case was ordered remanded to the state court for a trial on the merits, as to which we expressed no opinion. A modification or clarification of the opinion in this respect is unnecessary, and...

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