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PURCELL v. SUMMERS

No. 4876.

126 F.2d 390 (1942)

PURCELL et al. v. SUMMERS et al.

Circuit Court of Appeals, Fourth Circuit.

March 9, 1942.

Attorney(s) appearing for the Case

J. Morgan Stevens, of Jackson, Miss., and Walter McElreath, of Atlanta, Ga. (Henry R. Sims, of Orangeburg, S. C., R. T. Jaynes, of Walhalla, S. C., R. E. Babb, of Laurens, S. C., and Orville A. Park, of Macon, Ga., on the brief), for appellants.

Collins Denny, Jr., of Richmond, Va., and C. T. Graydon, of Columbia, S. C., for appellees.

Before PARKER, SOPER and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from an order dismissing a suit on the ground that state courts had first acquired jurisdiction of the res thought to be involved. The suit was instituted by certain bishops of the Methodist Church, suing in behalf of themselves and other members of that organization. Its purpose was: (1) to obtain a declaratory judgment to the effect that the union of the Methodist Episcopal Church, the Methodist Episcopal Church, South, and...

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