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MOON v. PRICE

No. 14770.

213 F.2d 794 (1954)

MOON v. PRICE.

United States Court of Appeals Fifth Circuit.

May 31, 1954.

Attorney(s) appearing for the Case

James W. Dorsey, U. S. Atty., and Charles D. Read, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellant.

M. Neil Andrews, Atlanta, Ga., and Raymond M. Reed, Marietta, Ga., for appellee.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and WRIGHT, District Judge.

HUTCHESON, Chief Judge.

Brought up on an agreed statement of facts,1 this appeal tests for error in law the rulings and actions of the district judge in (a) refusing, before trial and judgment, to dismiss the cause or, in the alternative, require plaintiff to make an election between the prosecution of Civil No. 751, the suit she had brought against Powell and appellant, and Civil No. 756, the...

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