WHITTINGTON v. JOHNSTON

No. 14051.

201 F.2d 810 (1953)

WHITTINGTON v. JOHNSTON et al

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 13, 1953.


Attorney(s) appearing for the Case

Walter J. Knabe, Montgomery, Ala., W. R. Martin, Ozark, Ala., Hartwell Davis, Montgomery, Ala., for appellant.

E. C. Orme, Troy, Ala., J. M. Williams, Jr., Montgomery, Ala., Rushton, Stakely & Johnston, Montgomery, Ala., of counsel, for appellee.

Before BORAH, STRUM, and RIVES, Circuit Judges.


STRUM, Circuit Judge.

This action, based upon 8 U.S.C.A. §§ 43 and 47(3), was brought to redress the alleged deprivation of plaintiff's civil rights, and to recover damages resulting from an alleged conspiracy to that end. The action was dismissed by the district judge for lack of federal jurisdiction.

The complaint charges in effect that the defendants below, all of whom are private citizens, acting under Title 15, § 432, and Title 45, §...

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