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CARTER v. CROSWELL

No. 20259.

325 F.2d 431 (1964)

Mrs. Eloise CARTER, Appellant, v. Mrs. Lois CROSWELL, Appellee.

United States Court of Appeals Fifth Circuit.

January 2, 1964.

Attorney(s) appearing for the Case

Scott Tennyson, Jackson, Miss., for appellant.

P. H. Eager, Jr., Jackson, Miss., Thomas D. Bourdeaux, Meridian, Miss., for appellee.

Before RIVES, CAMERON and HAYS, Circuit Judges.

PER CURIAM.

The petition for rehearing in this case informs us that prior to our decision (323 F.2d 696 (5th Cir. 1963)) the claim of the plaintiff was settled. Our decision was based upon the representation that this was a partial appeal, because the issue of damages remained for determination by the district court. However the settlement, of which we were not made aware, left nothing pending in the district court.

We therefore...

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