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CONE v. RITTENOURE

Nos. 9418, 9478.

112 F.2d 167 (1940)

Fred P. CONE et al., Appellants, v. Lawrence W. RITTENOURE et al., Appellees. SAME v. A. B. OTTINGER et al., Appellees.

Circuit Court of Appeals, Fifth Circuit.

May 28, 1940.

Attorney(s) appearing for the Case

J. Compton French, of Tallahassee, Fla., for appellants.

Robert J. Pleus, of Orlando, Fla., Harry L. Thompson, of Clearwater, Fla., and Earl D. Farr, of Punta Gorda, Fla., for appellees.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

The questions in both of these cases are the same as those decided by this court in the two cases of Rittenoure v. Charlotte County, and Cone v. Rittenoure, 5 Cir., 109 F.2d 476, Feb. 3, 1940.

We find nothing in the recent decisions of the Supreme Court of Florida contrary to said decision. Upon the authority thereof, that portion of the judgment appealed from in each case is reversed, and the cause...

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