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CUNNINGHAM v. MITCHELL

No. 23172.

374 F.2d 356 (1967)

John R. CUNNINGHAM, Appellant, v. George J. MITCHELL, Appellee.

United States Court of Appeals Fifth Circuit.

February 24, 1967.

Attorney(s) appearing for the Case

E. E. Huppenbauer, Jr., Cox, Bagot & Huppenbauer, New Orleans, La., for appellant.

W. Dewitt Reams, David W. Green, Mobile, Ala., for George J. Mitchell, appellee; Pillans, Reams, Tappan, Wood & Roberts, Mobile, Ala., of counsel.

Before COLEMAN and DYER, Circuit Judges, and ESTES, District Judge.

ESTES, District Judge:

This appeal involves four cases arising out of the same chain of facts which were consolidated for trial under Rule 42 (a), F.R.Civ.P. Civil Action No. 2873 was brought by George J. Mitchell against John R. Cunningham for $10,000 as the balance due on a promissory note made by Cunningham on September 20, 1960. Civil Action No. 2875 was brought by Mitchell against Cunningham for $15,000 in damages for conversion and fraudulent use of a $10,000...

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