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IN RE KILPATRICK

Nos. 12298, 12299.

167 F.2d 471 (1948)

In re KILPATRICK. In re PARKER.

Circuit Court of Appeals, Fifth Circuit.

April 13, 1948.

Attorney(s) appearing for the Case

W. P. McLean, of Fort Worth, Tex., and William H. DeParcq, of Minneapolis, Minn., for petitioners.

W. B. Harrell, of Dallas, Tex., and Samuels, Brown, Herman & Scott, of Fort Worth, Tex., for respondent.

Before HUTCHESON, HOLMES, and WALLER, Circuit Judges.

PER CURIAM.

Petitioners, plaintiffs in separate suits in the court below, moved there for a dismissal without prejudice of their suits. Their motions denied, each filed notice of appeal. Alleging that respondent notwithstanding their appeals has set the causes for trial and, unless prohibited from doing so, would proceed to trial in them, each has filed a petition for writ of prohibition.

This court may issue writs of prohibition only in aid of its jurisdiction...

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