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SMITH v. CITY OF JACKSON, MISSISSIPPI

No. 22805.

358 F.2d 705 (1966)

Robert T. SMITH et al., Appellants, v. The CITY OF JACKSON, MISSISSIPPI, Appellee.

United States Court of Appeals Fifth Circuit.

On Reconsideration April 20, 1966.

Attorney(s) appearing for the Case

Claudia H. Shropshire, Detroit, Mich., L. H. Rosenthal, Jackson, Miss., for appellants.

J. A. Travis, Jr., Thomas H. Watkins, E. W. Stennett, Elizabeth W. Grayson, Jackson, Miss., for appellee.

Before RIVES and THORNBERRY, Circuit Judges, and GARZA, District Judge.

PER CURIAM.

These cases which had been removed to the federal district court under 28 U.S.C.A. § 1443 were remanded to the Municipal Court of the City of Jackson for trial. It is generally held that a mere motion to remand or an answer denying material facts is not sufficient to overcome the averments of a removant's well pleaded petition. Cf. State of Tennessee v. Keenan, 13 F.Supp. 784 (W.D. Tenn. 1936). Unless a full hearing...

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