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FLEMING v. UNITED STATES FIDELITY & GUARANTY CO.

No. 10985.

146 F.2d 128 (1944)

FLEMING v. UNITED STATES FIDELITY & GUARANTY CO.

Circuit Court of Appeals, Fifth Circuit.

December 18, 1944.

Attorney(s) appearing for the Case

John Henry Poole, of Tifton, Ga., for appellant.

Leonard Farkas and Walter H. Burt, both of Albany, Ga., for appellee.

Before SIBLEY, HUTCHESON and McCORD, Circuit Judges.

PER CURIAM.

The suit was upon a State sheriff's bond to recover $103 actual damages and "smart money" or punitive damages in the sum of $3,000. A motion to dismiss was sustained generally, one ground being a want of federal jurisdiction in that less than $3,000 was really involved. The case alleged is that plaintiff sent a fieri facias to the sheriff to be levied on personal property in the possession of the defendant in fi. fa. within the sheriff's county; and also...

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