BUTLER v. PENIX

No. 12466.

171 F.2d 761 (1949)

BUTLER v. PENIX.

United States Court of Appeals Fifth Circuit.

Motion for Rehearing and Reformation Denied February 14, 1949.


Attorney(s) appearing for the Case

Maude Pridgen Butler, pro per.

Coleman Gay and James H. Rogers, both of Austin, Tex., for appellee.

Before HUTCHESON, SIBLEY, and McCORD, Circuit Judges.


PER CURIAM.

The complaint in the district court was dismissed on July 15, 1948, for want of jurisdiction. A motion to reinstate was overruled as was a motion to reform and correct the judgment of dismissal. On this appeal it is contended that federal jurisdiction exists under 28 U.S.C.A. § 41 (1) [now §§ 1331, 1332, 1354], because, disregarding form and looking to the substance, the suit is one between the plaintiff-appellant, a citizen of Texas, and...

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