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TANKSLEY v. DODGE

No. 12657.

181 F.2d 925 (1950)

TANKSLEY et al. v. DODGE et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 5, 1950.

Attorney(s) appearing for the Case

Ross R. Barnett, Jackson, Miss., Clarence Morgan, Kosciusko, Miss., for appellant.

P. H. Eager, Jr., Jackson, Miss., C. B. Snow, Jackson, Miss., for appellee.

Before HUTCHESON, Chief Judge, and McCORD and RUSSELL, Circuit Judges.

RUSSELL, Circuit Judge.

Determination of the appeal in this case requires that we construe and apply § 61 of Chapter 266 of the General Laws of Mississippi of 1946, Mississippi Code 1942 Ann., 1948 Supp. § 9352 — 01 et seq., particularly subsection 61.1 This we must do without the assistance of any decision of the Mississippi courts, for none dealing with the section have been cited or discovered.

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