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COLE v. TUTTLE

No. 75-4139.

540 F.2d 206 (1976)

Roosevelt COLE, and all others similarly situated, Plaintiffs-Appellants, v. Forrest TUTTLE, Sheriff of Panola County, Mississippi, Individually and in his official capacity as Sheriff of Panola County, Mississippi, and his agents, subordinates and employees, Horace Mathews, Bill Knox, J. B. Anderson, Nick Aldridge and James Travis, Individually and in their official capacities as members of the Board of Supervisors of Panola County, Mississippi, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 28, 1976.

Attorney(s) appearing for the Case

David M. Lipman, Washington, D.C., Lewis Myers, Jr., Oxford, Miss., John L. Walker, Jr., Jackson, Miss., John E. Jackson, Jr., Oxford, Miss., Ronald Reid Welch, Jackson, Miss., for plaintiffs-appellants.

M. Collins Bailey, Thomas W. Belleperche, Batesville, Miss., Will A. Hickman, Sumners, Hickman & Rayburn, Oxford, Miss., for defendants-appellees.

Before RONEY, GEE and HILL, Circuit Judges.

BY THE COURT:

Appellee members of a county Board of Supervisors in Mississippi, previously dismissed from this action brought by appellants to correct alleged abuses in the county prison system, claim we lack subject-matter jurisdiction over them because appellants failed to file timely notice of appeal. We agree and dismiss appellants' claim against appellees.

Appellants filed suit in mid-1973 against appellees and others. In November 1973, the district court...

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