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FLEMING v. GINSBERG

Nos. 12061-12064.

163 F.2d 965 (1947)

FLEMING et al. v. GINSBERG and three other cases.

Circuit Court of Appeals, Fifth Circuit.

November 4, 1947.

Attorney(s) appearing for the Case

William P. Fonville, Asst. U. S. Atty., of Dallas, Tex. for appellants.

Henry Klepak, of Dallas, Tex., for appellee Ginsberg.

No appearance for appellee Cohen.

Howard Barker, of Dallas, Tex., for appellees Woods and Yates.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

These four appeals, though separately taken in separate and independent suits, present the same question for decision. Each is from orders entered about the same time in the same court. One of the orders dismissed plaintiff's suit. The other, entered on plaintiff's motion, vacated the order of dismissal and reinstated the suit. In each case the order of dismissal was based on the ground that the plaintiff, Philip B. Fleming, Administrator...

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