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BRABHAM v. STATE OF MISSISSIPPI

No. 8671.

96 F.2d 210 (1938)

BRABHAM, Sheriff, et al., v. STATE OF MISSISSIPPI, for Use of SMITH et al.

Circuit Court of Appeals, Fifth Circuit.

April 19, 1938.

Attorney(s) appearing for the Case

Earl Brewer, of Jackson, Miss., and O. W. Phillips, of Magnolia, Miss., for appellant.

James N. Ogden, of Magnolia, Miss., and Myron S. McNeil, of Hazlehurst, Miss., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was brought against the sheriff and two deputies, to recover damages alleged to have been inflicted upon plaintiff, a minor. The claim was that while acting as the sheriff's deputies, and within the scope of their duties as such, Varnado, as actor, and Cutrer, standing by as aider and abettor, had wrongfully, cruelly, and oppressively beaten plaintiff, a fifteen year old boy, and that the...

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