THOMAS BATE & SONS ET AL., APPELLANTS,
v.
E. V. KENNEDY, APPELLEE
THOMAS BATE & SONS ET AL., APPELLANTS,
E. V. KENNEDY, APPELLEE
165 F.2d 435
Court of Appeals for the Fifth Circuit (1948)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The 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. Reversed and remanded.
Other
On Petition for Rehearing.
We 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.
Motion denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Se. Home Mortg. Co. v. OLD Republic Ins. Co. & First Nat'l Bank in Fort Lauderdale, 239 So. 2d 505 (Fla. 2d DCA 1970)
-
Tejas Dev. Co. v. McGOUGH Bros., 167 F.2d 268 (5th Cir. 1948)
Authorities Cited
- Tejas Dev. Co. v. McGOUGH Bros., 165 F.2d 276 (5th Cir. 1947)