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100 F.2d 909

Docket No. 8877.

Tolbert v. Jackson

Fifth Circuit Court of Appeals

Decided Dec. 15, 1938.

Fifth Circuit Court of Appeals · decided 1938-12-15

Cited by 5 later decisions — most recently May 1949

4 federal appellate ·

2 counsel of record

Relies on Tolbert v. Jackson

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1938-12-15

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¶1For former opinion, see 99 F.2d 513.

¶2O. C. Hancock and John H. Hudson, both of Atlanta, Ga., for appellant.

¶3E. Smythe Gambrell and Ralph R. Quillian, both of Atlanta, Ga., for appellees.

¶4On motion to modify or clarify opinion and for a rehearing.

¶5Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

¶6PER CURIAM.

¶7It is apparent from the opinion itself that the court was not deciding any controverted issue of fact, but was accepting as true the facts alleged in the plaintiff’s declaration or complaint. The case was ordered remanded to the state court for a trial on the merits, as to which we expressed no opinion. A modification or clarification of the opinion in this respect is unnecessary, and the motion to this effect is overruled. Also, the petition for a rehearing is denied.

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