Stark v. Sims

Decided November 20, 1916.)

Fifth Circuit Court of Appeals · decided 1916-11-20

<p>In Error to the District Court of the United States for the Eastern District of Texas; Gordon Russell, Judge.</p> <p>On rehearing.</p>

2 counsel of record

Relies on Stark v. Sims

Good law ✅— No negative treatment on recordhow we know

Reversed · Opinion by (per_curiam) · Decided 1916-11-20

How this case has been cited

Cited by 5 later decisions — most recently March 1973

1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1In Error to the District Court of the United States for the Eastern District of Texas; Gordon Russell, Judge.

¶2On rehearing.

¶3Reversed.

¶4For former opinion, see 230 Fed. 115, 144 C. C. A. 413.

¶5George E. Holland, of Orange, Tex., for plaintiffs in error.

¶6G. P. Dougherty, of Plouston, Tex., and T. L. Foster, of Beaumont, Tex., for defendants in error.

¶7Before PARDEE and WALKER, Circuit Judges, and FOSTER, District Judge.

¶9PER CURIAM.

¶10On this hearing a majority of the judges, for the reasons given on former hearing (see Stark v. Sims, 230 Fed. 115, 144 C. C. A. 413), being of opinion that there was error in directing a verdict for the plaintiffs in the court below, the case is reversed and remanded, with instructions to award a new trial.