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BOARD OF PUBLIC INSTRUCTION v. OSBURN

No. 8920.

101 F.2d 919 (1939)

BOARD OF PUBLIC INSTRUCTION FOR BREVARD COUNTY, FLA., v. OSBURN.

Circuit Court of Appeals, Fifth Circuit.

February 24, 1939.

Attorney(s) appearing for the Case

George Palmer Garrett, of Orlando, Fla., and Leonard B. Newman, of Titusville, Fla., for appellant.

Talbot Whitfield, Jr., and William K. Whitfield, both of Tallahassee, Fla., and Woodford R. Smith, of Orlando, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

The suit, conducted under Florida common law practice, was on five bonds payable to bearer for $1,000 each, dated May 15, 1927, and due May 15, 1931. In addition to the principal, interest after maturity was sued for. Brief separate pleas were filed, demurrers to which were sustained. The defendant not pleading further, judgment was given for $5,000 principal and $2,135 interest. On this appeal three contentions are argued, to-wit: 1. The Act...

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