Cone v. Rittenoure 112 F.2d 167

112 F.2d 167

Fred P. CONE et al., Appellants, v. Lawrence W. RITTENOURE et al., Appellees. SAME v. A. B. OTTINGER et al., Appellees.

Nos. 9418, 9478.

Circuit Court of Appeals, Fifth Circuit.

May 28, 1940.

J. Compton French, of Tallahassee, Fla., for appellants.

Robert J. Pleus, of Orlando, Fla., Harry L. Thompson, of Clearwater, Fla., and Earl D. Farr, of Punta Gorda, Fla., for appel-lees.

Before SIBLEY, HOLMES, and Mc-CORD, Circuit Judges.

HOLMES, Circuit Judge.

The questions in both of these cases are the same as those decided by this court in the two cases of Rittenoure v. Charlotte County, and Cone v. Rittenoure, 5 Cir., 109 F.2d 476, Feb. 3, 1940.

We find nothing in the recent decisions of the Supreme Court of Florida contrary to said decision. Upon the authority thereof, that portion of the judgment appealed from in each case is reversed, and the cause remanded for further proceedings not inconsistent with our said decision of Feb. 3, 1940, 109 F.2d 476, supra.

Cone v. Rittenoure

112 F.2d 167

Case Details

Name

Cone v. Rittenoure

Decision Date

May 28, 1940

Citations

112 F.2d 167

Jurisdiction

United States

Court

United States Court of Appeals for the Fifth Circuit

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