RAY v. HASLEY

No. 14755.

214 F.2d 366 (1954)

RAY v. HASLEY et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 30, 1954.


Attorney(s) appearing for the Case

Kearby Peery, Wichita Falls, Tex., for appellant.

Howard Barker, Fort Worth, Tex., Eugene Sherrod, Jr., Wichita Falls, Tex., Cantey, Hanger, Johnson, Scarborough & Gooch, Fort Worth, Tex., of counsel, for appellees.

Before STRUM and RIVES, Circuit Judges, and DAWKINS, District Judge.


RIVES, Circuit Judge.

This action for damages resulting from an automobile collision was filed on July 7, 1953, the day after judgment for the defendants had been entered in an action in the Texas State Court on the same cause and between the same parties. The defendants moved to dismiss on account of such prior action and judgment. When the motion to dismiss came on for hearing, the state court proceedings had progressed to the point where the trial court had overruled...

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