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WHISENANT v. CITY OF WEST PALM BEACH, FLA.

No. 13453.

189 F.2d 429 (1951)

WHISENANT v. CITY OF WEST PALM BEACH, FLA., et al.

United States Court of Appeals Fifth Circuit.

May 4, 1951.

Attorney(s) appearing for the Case

O. S. Miller, West Palm Beach, Fla., for appellant.

Robert H. Anderson, William C. Steel, Miami, Fla., C. Robert Burns, West Palm Beach, Fla., for appellee.

Before HOLMES, McCORD and RUSSELL, Circuit Judges.

HOLMES, Circuit Judge.

The motion to dismiss this appeal is overruled. Adkins v. E. I. du Pont de Nemours & Company, 335 U.S. 331, 69 S.Ct. 85, 93 L.Ed. 43, 11 A.L.R.2d 599.

We think that the district court erred in granting a summary judgment against the appellant with prejudice; but that the error may be corrected and substantial justice done by modifying the summary judgment so as to provide that the same be without prejudice...

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