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WESTMORELAND v. MISSISSIPPI POWER & LIGHT CO.

No. 12460.

172 F.2d 643 (1949)

WESTMORELAND et al. v. MISSISSIPPI POWER & LIGHT CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 12, 1949.

Attorney(s) appearing for the Case

Ross R. Barnett, of Jackson, for appellants.

Forrest B. Jackson and Milton H. Mitchell, both of Jackson, Miss., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

Our decision in this case is governed by the law of Mississippi, as announced by the Supreme Court of that state in Roberts v. Mississippi Power & Light Co., 193 Miss. 627, 10 So.2d 542. Although both cases arose out of the same state of facts, the judgment of the state court is not res judicata of this action, because the parties are different; and the appellants here are not bound by the facts as presented to the state court in the Roberts...

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