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BYRD v. BATES

No. 15173.

220 F.2d 480 (1955)

Mrs. Estelle BYRD and J. N. Byrd, Jr., Appellants, v. Willie Louis BATES and John V. McCallum, individually and as Executors of the Estate of James T. Anderson, deceased, et al., Appellees.

United States Court of Appeals, Fifth Circuit.

March 31, 1955.

Attorney(s) appearing for the Case

Wyman C. Lowe, Atlanta, Ga., for appellants.

Jack C. Burroughs, Dallas, Tex., John R. Carrell, Dallas, Tex., for appellees.

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

PER CURIAM.

Plaintiffs filed this action on April 20, 1953, naming some twenty-one individuals, trustees, executors, guardians, partnerships, and corporations as defendants, for the wrongful death of James Winchester on or about April 21, 1951. The original complaint of 15 pages, was amended by the filing of a 19-page amendment. A second attempted amendment appears in the record, but was not filed by the clerk. Summons was not immediately issued; the docket sheet...

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