Hampton v. North Carolina Pulp Company

Full title: W.R. HAMPTON, Appellant, v. NORTH CAROLINA PULP COMPANY, Appellee

Court: Circuit Court of Appeals, Fourth Circuit

Date published: Jan 17, 1944

139 F.2d 840 (4th Cir. 1944)

Opinion

No. 5156.

January 17, 1944.

Appeal from the District Court of the United States for the Eastern District of North Carolina, at Washington; Isaac M. Meekins, Judge.

J.C.B. Ehringhaus, of Raleigh, N.C. (Carl L. Bailey, of Plymouth, N.C., on the brief), for appellant.

Ralph M. Hoyt, of Milwaukee, Wis. (Zeb Vance Norman, of Plymouth, N.C., and Malcolm K. Whyte, of Milwaukee, Wis., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and WYCHE, District Judge.

PER CURIAM.

Since the decision of this case in the District Court, 49 F. Supp. 625, the Supreme Court of North Carolina has decided the controlling principles of law involved contrary to the District Court's decision. Hampton v. North Carolina Pulp Co. 223 N.C. 535, 27 S.E.2d 538, 539. As the case is controlled by the law of North Carolina, the decree appealed from dismissing the action will be reversed.

Reversed.