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WILLIAM HOWARD HAY FOUNDATION v. SAFETY HARBOR SANATORIUM

No. 10664.

141 F.2d 952 (1944)

WILLIAM HOWARD HAY FOUNDATION, Inc., v. SAFETY HARBOR SANATORIUM, Inc.

Circuit Court of Appeals, Fifth Circuit.

April 14, 1944.

Attorney(s) appearing for the Case

R. Wilson Evans, President, Dr. William Howard Hay Foundation, of St. Petersburg, Fla., for appellant.

Cyril E. Pogue, of Clearwater, Fla., for appellee.

Before HUTCHESON, HOLMES, and WALLER, Circuit Judges.

PER CURIAM.

A reading of the record appellant has submitted with the motion for leave to file a mandamus makes it clear that appellant's difficulties in obtaining its record arise out of a misapprehension on its part as to the course it should pursue. If it pursues the course clearly provided by Rule 75 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, Record on Appeal to a Circuit Court of Appeals, no occasion will arise for resort to the mandamus...

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