86 F.2d 309 (1936) SOURINO v. UNITED STATES. [*] No. 8208. Circuit Court of Appeals, Fifth Circuit. November 17, 1936. *310 Henry A. Alexander, of Atlanta, Ga., for appellant. Lawrence S. Camp, U. S. Atty., J. Ellis Mundy and Harvey H. Tisinger, Asst. U. S. Attys., and H. T. Nichols, Sp. Atty., Department of Justice, all of Atlanta, Ga., for the United States. Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges. HOLMES, Circuit Judge. This appeal is from a decree canceling appellant's...
86 F.2d 809 (1936) LA FON v. GRIMES. No. 8196. Circuit Court of Appeals, Fifth Circuit. December 9, 1936. Dan Moody and J. B. Robertson, both of Austin, Tex., for appellant. E. L. Klett, of Lubbock, Tex., and Herman R. Crile, of Roswell, N. M., for appellee. Before HUTCHESON and HOLMES, Circuit Judges, and STRUM, District Judge. HUTCHESON, Circuit Judge. Appellee sued in trespass to try title to recover seven sections of land. The petition was in two counts. The first was in statutory form, the...
87 F.2d 395 (1936) TEXAS HOTEL SECURITIES CORPORATION v. WACO DEVELOPMENT CO. [*] No. 8192. Circuit Court of Appeals, Fifth Circuit. December 28, 1936. Rehearing Denied January 30, 1937. *396 *397 Robert Allen Ritchie and Nathaniel Jacks, both of Dallas, Tex., and E. Y. Boynton and Wm. E. Terrell, both of Waco, Tex., for appellants. J. D. Williamson, of Waco, Tex., and Claude P. Berry, of St. Louis, Mo., for appellee. Before SIBLEY and HUTCHESON, Circuit Judges, and STRUM, District Judge....
86 F.2d 895 (1936) MURPHY v. SUN OIL CO. No. 8184. Circuit Court of Appeals, Fifth Circuit. December 7, 1936. Rehearing Denied January 13, 1937. *896 R. L. House, of San Antonio, Tex., and Felix A. Raymer, of Houston, Tex., for appellant. J. W. Timmins and T. L. Foster, both of Dallas, Tex., and B. D. Tarlton, of Corpus Christi, Tex., for appellee. Before HUTCHESON and HOLMES, Circuit Judges, and STRUM, District Judge. HUTCHESON, Circuit Judge. The suit was in trespass to try title by petition...
86 F.2d 954 (1936) PERKINS et al. v. THOMAS, Collector of Internal Revenue. Nos. 8172, 8219. Circuit Court of Appeals, Fifth Circuit. December 18, 1936. *955 Before FOSTER and SIBLEY, Circuit Judges, and STRUM, District Judge. SIBLEY, Circuit Judge. Additional income taxes for the year 1933 were assessed against and paid by J. J. Perkins and his wife, Lois Perkins. Denied refund, they sued the collector of internal revenue in the District Court, waiving jury trial. There was no conflict in the...
87 F.2d 146 (1936) AGWILINES, Inc., v. NATIONAL LABOR RELATIONS BOARD et al. No. 8171. Circuit Court of Appeals, Fifth Circuit. December 22, 1936. *147 *148 Howard P. Macfarlane, of Tampa, Fla., for petitioner. Charles Fahy, Gen. Counsel, National Labor Relations Board, and Robert B. Watts, Associate Gen. Counsel, National Labor Relations Board, both of Washington, D. C., for respondent. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. Petitioner, through its...
87 F.2d 240 (1936) HARTFORD ACCIDENT & INDEMNITY CO. v. BAUGH. [*] No. 8162. Circuit Court of Appeals, Fifth Circuit. December 28, 1936. Rehearing Denied January 25, 1937. *241 Paul T. McMahon and Joseph J. Eckford, both of Dallas, Tex., for appellant. E. B. Hendricks and H. T. Cooper, both of Fort Worth, Tex., for appellee. Before FOSTER and HOLMES, Circuit Judges, and STRUM, District Judge. STRUM, District Judge. Appellee, as plaintiff below, sued under the Texas Workmen's Compensation Act (...
86 F.2d 118 (1936) ALROPA CORPORATION v. ROSSEE. ROSSEE v. ALROPA CORPORATION. Nos. 8124, 8188. Circuit Court of Appeals, Fifth Circuit. October 30, 1936. C. Baxter Jones, of Macon, Ga., for Alropa Corporation. Charles J. Bloch and John E. Hall, both of Macon, Ga., and Erwin Sibley, of Milledgeville, Ga., for P. C. Rossee. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. The suit filed September 11, 1935, in a court of the United States in Georgia is upon five...
86 F.2d 50 (1936) ROSE, Former Collector of Internal Revenue, v. LITTLE INV. CO. No. 8101. Circuit Court of Appeals, Fifth Circuit. October 20, 1936. Helen R. Carloss and J. Louis Monarch, Sp. Assts. to Atty. Gen., and M. Neil Andrews, Asst. U. S. Atty., of Atlanta, Ga., for appellant. W. A. Sutherland, Elbert P. Tuttle, Joseph B. Brennan, Granger Hansell, and R. W. Crenshaw, all of Atlanta, Ga., for appellee. Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges. SIBLEY, Circuit Judge. Little...
86 F.2d 541 (1936) PINCKNEY et al. v. WYLIE. No. 8098. Circuit Court of Appeals, Fifth Circuit. November 25, 1936. W. R. Brown, of Temple, Tex., for appellants. Edgar Monteith, of Houston, Tex., and W. W. Naman, of Waco, Tex., for appellee. Before SIBLEY and HUTCHESON, Circuit Judges, and STRUM, District Judge. SIBLEY, Circuit Judge. This appeal by the receiver of a national bank presents these questions: First, *542 whether a creditor of the bank having a debt for which the bank is surety, and...
83 F.2d 998 (1936) NATIONAL LABOR RELATIONS BOARD v. JONES & LAUGHLIN STEEL CORPORATION. [*] No. 8088. Circuit Court of Appeals, Fifth Circuit. June 15, 1936. Charles Fahy, Gen. Counsel, National Labor Relations Board, and Robert B. Watts and Thomas I. Emerson, Associate Gen. Counsel, National Labor Relations Board, all of Washington, D. C., for petitioner. Earl F. Reed and John E. Laughlin, Jr., both of Pittsburgh, Pa., and Charles Rosen, Justin V. Wolff, and Gibbons Burke, all of New Orleans,...
84 F.2d 721 (1936) R. & L., Inc., v. COMMISSIONER OF INTERNAL REVENUE. No. 8084. Circuit Court of Appeals, Fifth Circuit. June 24, 1936. Sidney L. Herold, of Shreveport, La., for petitioner. Helen R. Carloss and Sewall Key, Sp. Assts. to Atty. Gen., Robert H. Jackson, Asst. Atty. Gen., and Herman Oliphant, Gen. Counsel, for Department of the Treasury, and DeWitt M. Evans, Sp. Atty. Bureau of Internal Revenue, both of Washington, D. C., for respondent. Before FOSTER, SIBLEY, and HOLMES, Circuit...
84 F.2d 701 (1936) CONNECTICUT GENERAL LIFE INS. CO. v. BOSEMAN. No. 8077. Circuit Court of Appeals, Fifth Circuit. July 14, 1936. Rehearing Denied August 27, 1936. *702 Major T. Bell and Lamar Cecil, both of Beaumont, Tex., for appellant. Leon P. Howell, of Beaumont, Tex., for appellee. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. The sole question presented by this appeal is whether the contract of insurance against total and permanent disability on which John...
84 F.2d 548 (1936) CONSOLIDATED UTILITIES CO. v. COMMISSIONER OF INTERNAL REVENUE. No. 8073. Circuit Court of Appeals, Fifth Circuit. July 2, 1936. Arnold R. Baar and Wilbur A. Giffen, both of Chicago, Ill., and Nicholas Callan, of New Orleans, La., for petitioner. Helen R. Carloss and Sewall Key, Sp. Assts. to Atty. Gen., Robert H. Jackson, Asst. Atty. Gen., and Herman Oliphant, Gen. Counsel, Department of Treasury, and John F. Greaney, Sp. Atty., Bureau of Internal Revenue, both of Washington,...
86 F.2d 120 (1936) DOWELL v. UNITED STATES. No. 8071. Circuit Court of Appeals, Fifth Circuit. October 21, 1936. *121 Anderson G. Ulmer, of Savannah, Ga., for appellant. Keith L. Seegmiller, Atty., Department of Justice, of Washington, D. C., and Dunbar Harrison, Asst. U. S. Atty., of Savannah, Ga., for the United States. Before FOSTER, SIBLEY, and HOLMES, Circuit Judges. SIBLEY, Circuit Judge. The action of Alphene W. Dowell as administrator of Robert Grayson on the latter's war risk insurance...
84 F.2d 436 (1936) SARTOR et al. v. UNITED GAS PUBLIC SERVICE CO. No. 8065. Circuit Court of Appeals, Fifth Circuit. June 6, 1936. Rehearing and motion to amend judgment denied July 13, 1936. *437 G. P. Bullis, of Vidalia, La., for appellants. W. Scott Wilkinson, of Shreveport, La., and H. Flood Madison, Jr., Geo. Gunby, *438 and Frank O. Looney, all of Monroe, La., for appellee. Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges. HUTCHESON, Circuit Judge. The suit was by plaintiffs, lessors...
84 F.2d 654 (1936) RAY v. UNITED STATES. No. 8059. Circuit Court of Appeals, Fifth Circuit. June 24, 1936. *655 T. A. Wallace and Grady Gillon, both of Macon, Ga., for appellant. T. Hoyt Davis, U. S. Atty., and A. Edward Smith, Asst. U. S. Atty., both of Macon, Ga., for the United States. Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges. HUTCHESON, Circuit Judge. Appellant was charged in two counts with (1) willfully possessing, (2) willfully transporting, tax unpaid liquor. He did not deny...
86 F.2d 53 (1936) NEW ORLEANS COAL & BISSO TOWBOAT CO. et al. v. UNITED STATES et al. [*] No. 8055. Circuit Court of Appeals, Fifth Circuit. October 27, 1936. *54 *55 Esmond Phelps, W. B. Spencer, W. B. Spencer, Jr., and Selim B. Lemle, all of New Orleans, La., for appellants. Lucian Y. Ray, Sp. Atty. in Admiralty, William I. Connelly, Senior Examiner, Ins. Division, U. S. Shipping Board, Edouard F. Henriques, M. A. Grace, Edwin H. Grace, Daniel H. Grace, and Milton C. Grace, all of New Orleans,...
84 F.2d 97 (1936) BRADLEY LUMBER CO. OF ARKANSAS et al. v. NATIONAL LABOR RELATIONS BOARD et al. No. 8054. Circuit Court of Appeals, Fifth Circuit. June 5, 1936. *98 Roberts C. Milling, of New Orleans, La., and Robert H. Kelley, of Houston, Tex., for appellants. Robert B. Watts, Asst. Gen. Counsel, National Labor Relations Board, of Washington, D. C., and David C. Shaw, Atty., National Labor Relations Board, of New Orleans, La., for appellees. Before SIBLEY, HUTCHESON, and HOLMES, Circuit...
87 F.2d 75 (1936) DAVIS v. ATLANTIC OIL PRODUCING CO. et al. No. 8050. Circuit Court of Appeals, Fifth Circuit. December 28, 1936. *76 Richard Wm. Stoutz, of Oklahoma City, Okl., M. M. Williams, of Houston, Tex., and Robt. B. Keenan, of Los Angeles, Cal., for appellant. Snowden M. Leftwich and Thomas R. Freeman, both of Dallas, Tex., and Alton V. Grant, of Longview, Tex., for appellees. Before HUTCHESON and HOLMES, Circuit Judges, and STRUM, District Judge. STRUM, District Judge. Marilla...
