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ROSE v. ROSE

No. 11947.

162 F.2d 587 (1947)

ROSE v. ROSE et al.

Circuit Court of Appeals, Fifth Circuit.

June 23, 1947.

Attorney(s) appearing for the Case

Irwin Geiger, of Washington, D. C., and Thomas Y. Minniece, of Meridian, Miss., for appellant.

E. L. Snow and J. A. Covington, Jr., both of Meridian, Miss., for appellees.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.

HOLMES, Circuit Judge.

This appeal is from a judgment sustaining a motion to dismiss the complaint for failure to state a claim upon which relief could be granted. Such motion admitted all of the well-pleaded facts.

The complaint alleges that appellant was a partner of one of the defendants in the retail jewelry business, and that he received notice in 1942 to report for induction into the armed forces of the United States; that the defendants and each of...

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