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DOBY v. BROWN

No. 7137.

232 F.2d 504 (1956)

Eliza Jane DOBY and J. Lillian Doby, Appellants, v. R. L. BROWN, Jr., John B. Morris, Jr., J. Heath Morrow, Charles W. Pickler, H. Wells Rogers, Ted Furr, Trustees of the Albemarle City Administrative Unit, and Claud Grigg, Superintendent of Public Instruction of the Albemarle City Administrative Unit, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 9, 1956.

Attorney(s) appearing for the Case

O. W. Clayton, Charlotte, N. C. (Sedberry, Clayton & Sanders, Charlotte, N. C., on the brief), for appellants.

Staton P. Williams, Albemarle, N. C. (Morton & Williams, Albemarle, N. C., on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal from an order dismissing a suit instituted by landowners to obtain a declaratory judgment as to their rights and to enjoin prosecution of the condemnation proceedings which were before the Supreme Court of North Carolina in Brown v. Doby, 242 N.C. 462, 87 S.E.2d 921. The District Judge, in addition to holding that the jurisdictional amount was not involved in...

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