KILGORE v. McKETHAN

No. 14494.

205 F.2d 425 (1953)

KILGORE v. McKETHAN et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 13, 1953.


Attorney(s) appearing for the Case

Thomas T. Cobb, Daytona Beach, Fla., Cobb & Cole, Daytona Beach, Fla., for appellant.

Weldon G. Starry, Tallahassee, Fla., Doyle E. Carlton, Tampa, Fla., Wallace E. Sturgis and Charles A. Savage, Ocala, Fla., LeRoy B. Giles and Edward K. Goethe, Orlando, Fla., Chester Bedell, Jacksonville, Fla., O. K. Reaves, Tampa, Fla., R. P. Hamlin and C. E. Duncan, Tavares, Fla., Mabry, Reaves, Carlton, Anderson, Fields & Ward, Tampa, Fla., Thomas Sale, Panama City, Fla., for appellees.

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


STRUM, Circuit Judge.

This action, based upon 8 U.S.C.A. § 47(3),1 is brought to redress, by the recovery of damages, an alleged conspiracy to deprive plaintiff of civil rights secured to him by the Fourteenth Amendment to the Constitution of the United States. Federal jurisdiction is asserted under 28 U.S. C.A. § 1343(3) and 28 U.S.C.A. § 1331. The district court dismissed the complaint for lack of federal jurisdiction...

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