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PRESTON v. LETO

No. 13308.

185 F.2d 1022 (1951)

Joe W. PRESTON, Appellant v. Bennie LETO, Appellee.

United States Court of Appeals Fifth Circuit.

January 23, 1951.

Attorney(s) appearing for the Case

David H. MacHauer, New Orleans, La., for appellant.

Weldon A. Cousins, Jos. A. Fiasconaro, Jr., both of New Orleans, La., for appellee.

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

PER CURIAM.

On the authority of Garlin v. Currie, 5 Cir., 1950, 185 F.2d 401, the judgment is reversed and remanded for further and not inconsistent proceedings.

HOLMES, Circuit Judge.

I dissent for the reasons stated by the court in Fields v. Washington, 3 Cir., 173 F.2d 701, and by Judge Minton in his dissenting opinion in Adler v. Northern Hotel Company, 7 Cir.,

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