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INTERSTATE REALTY CO. v. WOODS

No. 12259.

170 F.2d 694 (1948)

INTERSTATE REALTY CO. v. WOODS.

United States Court of Appeals Fifth Circuit.

November 26, 1948.

Attorney(s) appearing for the Case

Phil Stone and L. C. Andrews, both of Oxford, Miss., for appellant.

John W. Kyle and James McClure, both of Sardis, Miss., and Wm. H. Watkins, of Jackson, Miss., for appellee.

Before SIBLEY and LEE, Circuit Judges, and CHRISTENBERRY, District Judge.

PER CURIAM.

In our original opinion we held that the contract sued upon was not absolutely void but merely unenforceable in the State court and that by reason of diversity of citizenship the suit may be maintained in the federal court. On application for rehearing, the appellee cited the case of Angel v. Billington, 330 U.S. 183, 67 S.Ct. 657, 91 L.Ed. 832, as overruling the case of David Lupton...

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