185 F2d 1022 Preston v. Leto

185 F.2d 1022

Joe W. PRESTON, Appellant
Bennie LETO, Appellee.

No. 13308.

United States Court of Appeals Fifth Circuit.

January 23, 1951.

Appeal from the United States District Court for the Eastern District of Louisiana; J. Skelly Wright, Judge.

David H. MacHauer, New Orleans, La., for appellant.

Weldon A. Cousins, Jos. A. Fiasconaro, Jr., both of New Orleans, La., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.


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On the authority of Garlin v. Currie, 5 Cir., 1950, 185 F.2d 401, the judgment is reversed and remanded for further and not inconsistent proceedings.


HOLMES, Circuit Judge.


I dissent for the reasons stated by the court in Fields v. Washington, 3 Cir., 173 F.2d 701, and by Judge Minton in his dissenting opinion in Adler v. Northern Hotel Company, 7 Cir., 175 F.2d 619, 622.