WHITTINGTON v. JOHNSTON

No. 773-N.

102 F.Supp. 352 (1952)

WHITTINGTON v. JOHNSTON et al.

United States District Court, M. D. Alabama, N. D.

January 26, 1952.


Attorney(s) appearing for the Case

William R. Martin, Ozark, Ala., for plaintiff.

Jesse Williams Jr. of the firm of Rushton, Stakely & Johnston, Montgomery, Ala., and Ewell C. Orme, Troy, Ala., for defendants.


KENNAMER, District Judge.

The defendants move to dismiss this cause of action out of this court for that the plaintiff, in her complaint as amended, fails to state a cause of action under 8 U. S.C.A. § 43.

The court has heard able counsel for the plaintiff and defendants on the motion to dismiss, and has studied the cases cited in the memorandum briefs; and having considered and understood the motion, is of the opinion that the court does not have jurisdiction...

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