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FEARS v. BURRIS MANUFACTURING COMPANY

No. 28983 Summary Calendar.

436 F.2d 1357 (1971)

Coda M. FEARS et al., Plaintiffs-Appellees, v. BURRIS MANUFACTURING COMPANY, Defendant, Marvin Wooten, Manager of the Aberdeen Office of Mississippi Employment Security Commission, Appellant.

United States Court of Appeals, Fifth Circuit.

January 20, 1971.

Attorney(s) appearing for the Case

H. L. Hutcherson, Gen. Counsel, Mississippi Employment Security Comm., Walter R. Bivins, Atty., Jackson, Miss., for appellant.

Frank R. Parker, Lawyers' Committee for Civil Rights Under Law, Jackson, Miss., for plaintiffs-appellees.

Thomas C. Bradley, Jr., Spartanburg, S. C., Fred Bush, Mitchell, McNutt & Bush, Tupelo, Miss., for other interested parties.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

WISDOM, Circuit Judge:

This is an appeal from an order of the Honorable Orma R. Smith, District Judge for the Northern District of Mississippi, denying the motion of Marvin Wooten to quash a subpoena duces tecum with which he had been served. Fears v. Burris Mfg. Co., 1969, 48 F.R. D. 91. The appeal turns on the extent to which the principles expressed in Carr v. Monroe Mfg. Co., 5 Cir. 1970, 431 F.2d 384,1

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