U.S. Court of Appeals for the Fifth Circuit, 1940

Cone v. Rittenoure

Cone v. Rittenoure
U.S. Court of Appeals for the Fifth Circuit · Decided May 28, 1940 · Holmes
112 F.2d 167; 1940 U.S. App. LEXIS 4250 (Federal Reporter, Second Series)

Cone v. Rittenoure

Opinion of the Court

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.

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