ROBERTSON, State Revenue Agent, v. INGRAM-DAY LUMBER CO.
(Circuit Court of Appeals, Fifth Circuit.
April 13, 1921.)
No. 3676.
Appeal from the District Court of the United States for the Southern District of Mississippi; Edwin R. Holmes, Judge. Suit by Stokes Y. Robertson, State Revenue Agent, against the Ingram-Day Lumber Company, brought in a Mississippi state court. Removed to federal court. Decree for defendant, and complainant appeals. Reversed, with instructions to remand to the state court. F. C. Hathorn, of Hattiesburg, Miss., for appellant. W. A. White, of Gulfport, Miss., for appellee. Before WALKER, BRYAN, and KING, Circuit Judges.
[MAJORITY — PER CURIAM.]
PER CURIAM.
There is no material difference between this case and the case of Robertson, State Revenue Agent, v. Jordan River Lumber Co. (C. C. A.) 269 Fed. 606. Following the decision in the just-cited case, the decree in this case is reversed, with instructions to the District Court to remand the same to the state court.