Whitworth v. Perkins

Fifth Circuit Court of Appeals

Decided July 17, 1978.

Rehearing and Rehearing En Banc Denied Sept. 5, 1978.

Fifth Circuit Court of Appeals · decided 1978-07-17

3 counsel of record

Relies on City of Lafayette Louisiana v. Louisiana Power & Light Company · Whitworth v. Perkins

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1978-07-17

How this case has been cited

Cited by 10 later decisions (1 by the Supreme Court) — most recently April 1991

3 federal appellate ·

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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¶1William Thomas Jacks, Austin, Tex., for plaintiff-appellant.

¶2Beverly Tarpley, Charles D. Scarborough, Abilene, Tex., for Perkins et al.

¶3Donald Scott Thomas, Jr., Austin, Tex., for Tom Roden and Pinkie’s Inc.

¶4On Remand from United States Supreme Court.

¶5Before TUTTLE, CLARK and RONEY, Circuit Judges.

¶6PER CURIAM:

¶7The judgment of this Court reported at 559 F.2d 378 (5th Cir. 1977) has been vacated and remanded by the Supreme Court for further consideration in light of its opinion in City of Lafayette v. Louisiana Power & Light Co., -— U.S.--, 98 S.Ct. 1123, 55 L.Ed.2d 364 (1978).

¶8Upon reconsideration in light of City of Lafayette, the opinion of this Court as published is reinstated and the judgment of the district court is reversed and remanded for further proceedings consistent with our opinion and that of the Supreme Court.

¶9REVERSED AND REMANDED.