Opinion
No. 3934.
November 25, 1935.
Appeal from the District Court of the United States for the Eastern District of North Carolina, at New Bern.
James S. Manning, of Raleigh, N.C. (F.E. Wallace and J.A. Jones, both of Kinston, N.C., R.E. Whitehurst, of New Bern, N.C., and T.J. White, Jr., of Kinston, N.C., on the brief), for appellant.
L.R. Varser, of Lumberton, N.C., and L.I. Moore, of New Bern, N.C. (R.A. McIntyre and O.L. Henry, both of Lumberton, N.C., on the brief), for appellees.
Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.
The judgment appealed from will be reversed, and the case will be remanded to the court below, with directions to that court to remand it to the state court, on the authority of Slate et al. v. Hutcherson (C.C.A.4th) 15 F.2d 551, and Hay v. May Department Stores Co., 271 U.S. 318, 46 S.Ct. 498, 70 L.Ed. 965.
Reversed.