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UNITED STATES EX REL. CARLISLE v. HAMMOND

No. 8607.

100 F.2d 227 (1938)

UNITED STATES ex rel. CARLISLE v. HAMMOND, United States Marshal.

Circuit Court of Appeals, Fifth Circuit.

December 9, 1938.

Attorney(s) appearing for the Case

Jno. E. Green, Jr., Robt. F. Carter, and Archie D. Gray, all of Houston, Tex., for appellant.

Grant W. Kelleher, Sp. Atty., Department of Justice, of Washington, D. C., John Henry Lewin and Hammond E. Chaffetz, Sp. Assts. to Atty. Gen., and Douglas W. McGregor, U. S. Atty., and George O'Brien John, Asst. U. S. Atty., both of Houston, Tex., for appellee.

Before SIBLEY, HUTCHESON and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

The new matter in the motion for rehearing is the course of the decisions when the appeal from a judgment remanding a case removed from a State court which was permitted by Section 5 of the Act of March 3, 1875, 18 Stats. 470, was discontinued by the Act of March 3, 1887, 24 Stats. 553. Jud.Code § 37, 28 U.S.C.A. § 80. In Sherman v. Grinnell, 123 U.S. 679, 8 S.Ct. 260, 31 L.Ed. 278, the order of remand...

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