Continental Southern Lines v. Klaas, 38493
| Decision Date | 03 July 1953 |
| Docket Number | No. 38493,38493 |
| Parties | CONTINENTAL SOUTHERN LINES, Inc. v. KLAAS et al. |
| Court | Mississippi Supreme Court |
Hermon Dean, Canton, Hedgepeth & Norsworthy and Stevens & Cannada, Jackson, for appellant.
Ray, Spivey & Cain and Nelson Cauthen, Canton, for appellees.
This cause was affirmed on June 8, 1953, by a decision of four judges, 65 So.2d 575, with four judges dissenting, 65 So.2d 596. The suggestion of error by Continental Southern Lines, Inc., attacks the decision on the merits. The case has now been thoroughly reconsidered on the merits by all nine members of the Court, and five of us are of the opinion that the original decision on the merits is correct and that the judgment of the lower court should be affirmed.
Appellant Continental Southern Lines, Inc., has also filed a motion that this case be remanded to the docket for consideration by a full panel of nine judges, and a motion for oral argument on the precedent motion. Since all nine judges are now participating in the decision, those motions have become moot and are hereby dismissed.
Suggestion of error overruled and motions dismissed.
All Justices concur on motions.
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Continental Southern Lines v. Klaas
...67 So.2d 256 ... 217 Miss. 795 ... CONTINENTAL SOUTHERN LINES, Inc., et al ... KLAAS et al ... CONTENENTAL SOUTHERN LINES, Inc, et al ... Nos. 38493, 38475 ... Supreme Court of Mississippi ... Oct. 5, 1953 ... [217 Miss. 802] Hedgepeth & Norsworthy, Jackson, Hermon Dean, Canton, Stevens & Cannada, Jackson, for appellant ... [217 Miss. 804] Spivery & Cain, Nelson Cauthen, Canton, for appellees ... ...