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PAYNES v. LEE

No. 22777.

377 F.2d 61 (1967)

James A. PAYNES, Appellant, v. Dan Dee LEE, Appellee.

United States Court of Appeals Fifth Circuit.

May 2, 1967.

Attorney(s) appearing for the Case

Johnnie A. Jones, Baton Rouge, La., Norman C. Amaker, New York City, for appellant.

John F. Rau, Jr., Harvey, La., Richard G. Van Buskirk, Clinton, La., for appellee.

John Doar, Asst. Atty. Gen., David L. Norman, Peter S. Smith, Franklin E. White, Attys., Dept. of Justice, Washington, D. C., on brief for United States as amicus curiae.

Before JONES and COLEMAN, Circuit Judges, and CHRISTENBERRY, District Judge.

JONES, Circuit Judge:

The appellant, James A. Paynes, seeks reversal of an order dismissing the action brought by him in the United States District Court for the Eastern District of Louisiana, against Daniel W. De Lee and unknown defendants sued as John Doe. The appellant's complaint was met by a motion to dismiss, filed by the appellee De Lee, on the ground that the court had no jurisdiction of the subject matter and on the...

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