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CASH v. MURPHY

No. 21205.

339 F.2d 757 (1964)

James R. CASH, Appellant, v. J. C. MURPHY, Appellee.

United States Court of Appeals Fifth Circuit.

December 11, 1964.

Attorney(s) appearing for the Case

John Kaplan, Berkeley, Cal., Charles Marcus, Dallas, Tex., Mary Neal Sisk, Dallas, Tex., Robert N. Benson, Irving, Tex., on the brief, for appellant.

L. E. Elliott, Brundidge, Fountain, Elliott & Churchill, Dallas, Tex., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

The sole issue upon this appeal is whether the district court abused its discretion either in denying a motion for a continuance and putting defendant's counsel to trial in the absence of the defendant, or in denying defendant's motion for new trial.

The action was brought on March 9, 1963, by the appellee Murphy, a resident of Louisiana, against the appellant Cash, a resident of Texas, on two...

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