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DICKERSON v. SOUTHERN BELL TEL. & TEL. CO.

No. 14656.

212 F.2d 107 (1954)

DICKERSON v. SOUTHERN BELL TEL. & TEL. CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 15, 1954.

Attorney(s) appearing for the Case

J. O. Moss, Lucedale, Miss., Luther Maples, Gulfport, Miss., for appellant.

M. M. Roberts, Hattiesburg, Miss., R. W. Thompson, Jr., Gulfport, Miss., E. W. Smith, John A. Boykin, Jr., Guerry R. Thornton, Atlanta, Ga., Mize, Thompson & Mize, Gulfport, Miss., M. M. Roberts, Hattiesburg, Miss., of counsel, for appellee.

Before BORAH and RUSSELL, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

This case, filed originally in the Circuit Court for George County, Mississippi, was removed to the court below on the ground of diverse citizenship. The complaint, in substance, alleged that the appellant's (plaintiff) country store and residence, situated some ten feet apart, were destroyed by fire originating from a stroke of lightning which hit the service line of defendant leading into the building to the telephone; that the said wire...

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