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Dargan Suther v. City of Midfield, Inc., 24958 (1968)

Court: Court of Appeals for the Fifth Circuit Number: 24958 Visitors: 24
Filed: Feb. 26, 1968
Latest Update: Feb. 22, 2020
Summary: 389 F.2d 1002 Dargan SUTHER, Appellant, v. CITY OF MIDFIELD, INC., et al., Appellees. No. 24958. United States Court of Appeals Fifth Circuit. Feb. 26, 1968. Dewey H. Jones, Birmingham, Ala., for appellant. Norman K. Brown, Bessemer, Ala., for appellees. Before BROWN, Chief Judge, GEWIN and WRIGHT, * Circuit Judges. PER CURIAM: 1 This is the second appeal in this case. 1 This Court, in affirming the dismissal of the complaint in the first appeal, held that Appellant had not adequately alleged a
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389 F.2d 1002

Dargan SUTHER, Appellant,
v.
CITY OF MIDFIELD, INC., et al., Appellees.

No. 24958.

United States Court of Appeals Fifth Circuit.

Feb. 26, 1968.

Dewey H. Jones, Birmingham, Ala., for appellant.

Norman K. Brown, Bessemer, Ala., for appellees.

Before BROWN, Chief Judge, GEWIN and WRIGHT,* Circuit Judges.

PER CURIAM:

1

This is the second appeal in this case.1 This Court, in affirming the dismissal of the complaint in the first appeal, held that Appellant had not adequately alleged a jurisdictional amount. Assuming that the jurisdictional prerequisites have now been met, we find that Appellant's contentions are without merit and the granting of Appellee's motion for summary judgment was correct.

2

Affirmed.

*

Of the District of Columbia Circuit, sitting by designation

1

See Suther v. City of Midfield, 5 Cir., 1966, 358 F.2d 740

Source:  CourtListener

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