RICHARDSON ET AL.
v.
BOARD OF PUBLIC INSTRUCTION OF PALM BEACH COUNTY, FLA., ET AL.
RICHARDSON ET AL.
BOARD OF PUBLIC INSTRUCTION OF PALM BEACH COUNTY, FLA., ET AL.
188 F.2d 832
Court of Appeals for the Fifth Circuit (1951)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We think that the District Court erred in dismissing appellants’ suit with prejudice; but that the error may be corrected and substantial justice done by modifying the judgment so as to provide that the dismissal be without prejudice, and that the cost of this appeal be paid by the Board, one of the appellees. It is, therefore, ordered that the judgment appealed from be modified so as to provide for the dismissal of appellants’ complaint without prejudice, and for the entire cost of this appeal to be taxed against the Board of Public Instruction of Palm Beach County, Florida. As so modified, the judgment is affirmed.
Affirmed.
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Citator
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Paull v. Archer-Daniels-Midland Co., 313 F.2d 612 (8th Cir. 1963)
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Redditt v. Hale, 199 F.2d 386 (8th Cir. 1952)