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BOARD OF COM'RS v. SMYTH

No. 13221.

187 F.2d 11 (1951)

BOARD OF COM'RS FOR ATCHAFALAYA BASIN LEVEE DIST. et al. v. SMYTH et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 19, 1951.

Attorney(s) appearing for the Case

Ashton L. Stewart, Baton Rouge, La., Bolivar E. Kemp, Jr., Atty. Gen. of La., Carroll Buck, First Asst. Atty. Gen. of La., Charles H. Dameron, Baton Rouge, La., Ferdinand C. Claiborne, New Roads, La., for appellant.

Roberts C. Milling, New Orleans, La., for appellee.

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

PER CURIAM.

Appealing from an order denying defendants', and granting plaintiffs', motion for summary judgment, and conceding that the district judge was right in rejecting the primary contention they made below, appellants seek now to put forward as a ground for reversal an entirely different theory and view from any of those they relied on below.

Appellees, while insisting that the theory which appellants seek now to put forward

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