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WICHITA ROYALTY CO. v. CITY NAT. BANK

No. 8541.

97 F.2d 249 (1938)

WICHITA ROYALTY CO. et al. v. CITY NAT. BANK OF WICHITA FALLS et al.

Circuit Court of Appeals, Fifth Circuit.

June 10, 1938.

Attorney(s) appearing for the Case

Guy Rogers and Ray Bland, both of Wichita Falls, Tex., and Charles L. Black, of Austin, Tex., for appellants.

Leslie Humphrey, T. R. Boone, and Arch Dawson, all of Wichita Falls, Tex., and Tarlton Morrow, of Houston, Tex., for appellees.

Before SIBLEY and HOLMES, Circuit Judges, and MIZE, District Judge.

SIBLEY, Circuit Judge.

A motion for rehearing made in due time was overruled and the mandate sent down. The present motion, not within our rules on the subject, is based on the extraordinary ground that whereas the Supreme Court in Erie Railroad Company v. Tompkins, 58 S.Ct. 817, 82 L.Ed. ___, and cases following it, has established that in reference to transactions governed by the law of a State the decisions of the Supreme Court of that State are to be followed...

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