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HIGGINS, INCORPORATED v. HALE

No. 16829.

251 F.2d 91 (1958)

HIGGINS, Incorporated, Appellant, v. Johnson L. HALE et al., Appellees.

United States Court of Appeals Fifth Circuit.

January 9, 1958.

Attorney(s) appearing for the Case

John P. Hammond and Montgomery, Barnett, Brown & Read, New Orleans, La., for appellant, C. Randall Jones, Jr., Pass Christian, Miss., of counsel.

No appearance entered for appellees.

Before RIVES, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

A proceeding which, with its 415 pages of printed record after nearly a week of trial below, has long since exceeded in costs and judicial energy expended the $700 difference between what was sought and obtained, comes to us with the irrepressible nostalgic hope of all proctors that we revive, today at least, the ancient pre-McAllister function of a trial de novo. It really comes to this for the burden of meeting the clearly erroneous...

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