STREET & SMITH PUBLICATIONS v. SPIKES

No. 9210.

107 F.2d 755 (1939)

STREET & SMITH PUBLICATIONS, Inc., v. SPIKES.

Circuit Court of Appeals, Fifth Circuit.

November 25, 1939.


Attorney(s) appearing for the Case

J. I. Kilpatrick, of Lubbock, Tex., and Neil P. Cullom, of New York City, for appellant.

G. E. Lockhart and F. D. Brown, both of Lubbock, Tex., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from an order of the district court overruling a motion to quash the process. The appellee moves to dismiss the appeal on the ground that the order appealed from is neither a final decision nor an interlocutory order or decree which this court has appellate jurisdiction to review under Sections 128 and 129 of the Judicial Code, as amended, 28 U.S.C.A. §§ 225 and 227.

This is an action for damages for an alleged...

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