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MITCHELL v. NIXON

No. 14178.

200 F.2d 50 (1952)

MITCHELL et al. v. NIXON et al.

United States Court of Appeals Fifth Circuit.

November 25, 1952.

Attorney(s) appearing for the Case

Erle Pettus, Sr., Erle Pettus, Jr., Birmingham, Ala., for appellant.

Hyman Rosenfeld and Aubrey Dominick, Tuscaloosa, Ala., Ira D. Pruitt, Livingston, Ala., Gordon Madison, Tuscaloosa, Ala., for appellees.

Before HUTCHESON, Chief Judge, and BORAH, and STRUM, Circuit Judges.

BORAH, Circuit Judge.

This appeal is from a final judgment of the United States District Court for the Northern District of Alabama, dismissing the amended complaint of William O. Mitchell and Royce N. Mitchell, on the ground that the court did not have jurisdiction of the subject matter of the litigation.

The appellants, heirs of W. J. Nixon, deceased, brought this action in the court below to contest the last will and testament of W. J. Nixon, which will...

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