Thomas Bate & Sons v. Kennedy

Fifth Circuit Court of Appeals

Decided Jan. 14, 1948.

Rehearing Denied Feb. 26, 1948.

Fifth Circuit Court of Appeals · decided 1948-01-14

Cited by 2 later decisions — most recently September 1970

1 federal appellate · 1 state decisions

2 counsel of record

Relies on Tejas Development Co. v. McGough Bros.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1948-01-14

View the full empirical analysis of this case →

¶1Fred R. Switzer, of Houston, Tex., for appellants.

¶2Arthur J. Mandell, of Houston, Tex., for appellee.

¶3Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

¶4PER CURIAM.

¶5The judgment appealed from in this cause is based upon the judgment which was reversed and set aside in Tejas Development Company and E. V. Kennedy v. McGough Brothers et al., 5 Cir., 165 F.2d 276, and must fall with that judgment. This case is accordingly also reversed and remanded to the district court for such further proceedings as may appear to be proper.

¶6Reversed and remanded.

¶7On Petition for Rehearing.

¶8We have not considered nor adjudged the merit of the claim for attorneys' fees which is the subject of this motion for rehearing. In reversing the judgment appealed from we have intended to leave this question open for further consideration in the district court, as a part of the whole controversy, on further proceedings.

¶9Motion denied.