193 F.2d 55 MITCHEM v. UNITED STATES. No. 13832. United States Court of Appeals Fifth Circuit. November 20, 1951. Hugh G. Head, Jr., Atlanta, Ga., W. H. McElwee, N. Wilkesboro, N. C., for appellant. Lamar N. Smith, Asst. U. S. Atty., J. Ellis Mundy, U. S. Atty., Atlanta, Ga., for appellee. Before HUTCHESON, Chief Judge, and BORAH, and RUSSELL, Circuit Judges. BORAH, Circuit Judge. 1 On July 18, 1947, Golden Mitchem was convicted in the District Court of the United States for the Northern...
192 F.2d 465 In re ILLINOIS CENT. R. CO. No. 13771. United States Court of Appeals Fifth Circuit. Nov. 13, 1951. Sherwood W. Wise, James L. Byrd, Jackson, Miss., for appellant. William A. Bacon, Francis S. Bowling, Ross R. Barnett, Jackson, Miss., for appellee. Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges. JOSEPH C. HUTCHESON, Chief Judge. 1 Ordered in Civil Action No. 1614, Mrs. Alice McClelland v. Illinois Central Railroad Company, to produce, under Rule 34, Federal...
192 F.2d 214 HOLLAND et ux. v. COOPER et al. No. 13752. United States Court of Appeals Fifth Circuit. November 7, 1951. R. Wilson Smith, Jr., Gainesville, Ga., for appellant. A. C. Wheeler, Gainesville, Ga., for appellee. Before HUTCHESON, Chief Judge, and HOLMES and STRUM, Circuit Judges. HOLMES, Circuit Judge. 1 Federal jurisdiction in this case depends solely upon diversity of citizenship between the parties. The action arose, in Georgia, out of a collision between two automobiles; and the...
192 F.2d 40 CROMELIN v. FULCHER et al. No. 13730. United States Court of Appeals Fifth Circuit. November 7, 1951. Roy V. Lind, Columbia, S. C., for appellant. John Bell Towill, E. D. Fulcher, Augusta, Ga., for appellees. Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges. PER CURIAM. 1 As originally filed, the suit in two counts was by plaintiff, as sole owner or controller of all the stock in Cromelin's Air Activities, Inc., for damages caused to him by the wrongful acts of...
192 F.2d 431 DOVER v. UNITED STATES (three cases). Nos. 13720-13722. United States Court of Appeals Fifth Circuit. November 20, 1951. Roscoe Pickett, Jr., Atlanta, Ga., Thomas E. Hinson, Lebanon, Tenn., for appellant. F. Douglas King, Asst. U. S. Atty., J. Ellis Mundy, U. S. Atty., Atlanta, Ga., for appellee. Before HUTCHESON, Chief Judge, and BORAH, and RUSSELL, Circuit Judges. BORAH, Circuit Judge. 1 Appellants, who are husband and wife, brought these three actions against the United States...
192 F.2d 643 BURKS v. COLONIAL LIFE & ACCIDENT INS. CO. No. 13713. United States Court of Appeals Fifth Circuit. November 30, 1951. Wallace Miller, Jr., Macon, Ga., John J. Flynt, Jr., Griffin, Ga., for appellant. S. Augustus Black, Columbia, S. C., R. Lanier Anderson, Jr., Macon, Ga., for appellee. Before HUTCHESON, Chief Judge, and BORAH, and RUSSELL, Circuit Judges. RUSSELL, Circuit Judge. 1 In the trial Court both the appellant, the plaintiff, and the appellee, the defendant moved for...
193 F.2d 118 SIERCOVICH, v. McDONALD, Warden. No. 13711. United States Court of Appeals Fifth Circuit. Dec. 14, 1951. V. George Siercovich, in propria persona. Warren G. Moore, U.S. Atty., Tyler, Tex., for appellee. Before HOLMES, RUSSELL, and RIVES, Circuit Judges. HOLMES, Circuit Judge. 1 This is a sketchy and very unsatisfactory record. It does not show for what offense the appellant was indicted, but does show that he pled not guilty to the charge against him, whatever it was; and later,...
193 F.2d 134 CHILDS et al. v. BALL BROS. TRUCKING CO., Inc. No. 13709. United States Court of Appeals Fifth Circuit. December 20, 1951. Daniel W. Knowlton, Ch. Cnsl. I. C. C., Allen Crenshaw, Asst. Ch. Cnsl. I. C. C., Washington, D. C., for appellant. T. S. Christopher, Fort Worth, Tex., for appellee. Before HUTCHESON, Chief Judge, and RUSSELL and RIVES, Circuit Judges. HUTCHESON, Chief Judge. 1 Alleging: that it had been tendered a shipment of 800 tons of steel for hauling from the Port of...
191 F.2d 874 HARRISON et al. v. UNITED STATES. No. 13704. United States Court of Appeals Fifth Circuit. October 25, 1951. Jas. W. Arnold, Abit Nix, Athens, Ga., for appellant. James H. Fort, Asst. U. S. Atty., John P. Cowart, U. S. Atty., Macon, Ga., for appellee. Before SIBLEY, RUSSELL, and RIVES, Circuit Judges. RIVES, Circuit Judge. 1 Appellants were indicted in August 1947, for conspiracy to violate the Internal Revenue laws prohibiting the distillation, transportation and sale of nontax...
191 F.2d 959 TUCKER, v. AMERICAN SURETY CO. OF NEW YORK. No. 13703. United States Court of Appeals Fifth Circuit. Oct. 30, 1951. Randall Evans, Jr., Thomson, Ga., Joseph B. Cumming, Augusta, Ga., for appellant. C. Baxter Jones, Macon, Ga., Larry E. Pedrick, Waycross, Ga., for appellee. Before SIBLEY, RUSSELL, and RIVES, Circuit Judges. SIBLEY, Circuit Judge. 1 Appellant, Mrs. Adele Louise Tucker, was adjudged insane by due proceedings in the Court of Ordinary of Ware County, Georgia on December...
192 F.2d 432 STANALAND v. ATLANTIC COAST LINE R. CO. No. 13700. United States Court of Appeals Fifth Circuit. November 20, 1951. P. C. Andrews, Sr., P. C. Andrews, Jr., Thomasville, Ga., for appellant. S. Spencer Bennet, Quitman, Ga., W. W. Alexander, Thomasville, Ga., for appellee. Before HUTCHESON, Chief Judge, and BORAH, and RUSSELL, Circuit Judges. BORAH, Circuit Judge. 1 This is an appeal in a tort action brought by appellant, Mrs. Mae Stanaland, to recover damages for the wrongful death...
192 F.2d 210 R. S. ARMSTRONG & BROTHER CO. v. YORK. No. 13695. United States Court of Appeals Fifth Circuit. Nov. 6, 1951. John R. Burress, Atlanta, Ga., for appellant. Dean Covington, Rome, Ga., for appellee. Before McCORD, RUSSELL and RIVES, Circuit Judges. PER CURIAM. 1 Upon consideration of the record we find that the evidence is sufficient to support the order of the trial court which approved and enforced the referee's determination which denied the petition for reclamation upon the...
192 F.2d 1017 Sue D. KAUZ, alias Mrs. Hannah Butler, Appellant, v. UNITED STATES of America, Appellee. No. 13690. United States Court of Appeals, Fifth Circuit. Dec. 28, 1951. Appeal from the United States District Court for the Southern District of Florida; George W. Whitehurst, Judge. Joe Creel, A. C. Dressler, Miami, Fla., for appellant. Ernest L. Duhaime, Asst. U.S. Atty., Miami, Fla., for appellee. Before HOLMES, BORAH, and STRUM, Circuit Judges. PER CURIAM. 1 The judgment appealed from is...
192 F.2d 941 ATLANTIC COAST LINE R. CO. v. BURKETT. No. 13681. United States Court of Appeals Fifth Circuit. Nov. 16, 1951. As Modified on Denial of Rehearing Dec. 28, 1951. Larry E. Pedrick, John W. Bennett, Waycross, Ga., Charles Cook Howell, Wilmington, N.C., for appellant. E. O. Blalock, Waycross, Ga., for appellee. Before McCORD, RUSSELL and RIVES, Circuit Judges. RIVES, Circuit Judge. 1 Under the Federal Employers' Liability Act, Title 45 U.S.C.A. ยง 51 et seq., plaintiff-appellee secured...
192 F.2d 398 51-2 USTC P 9502 ROE et al. v. COMMISSIONER OF INTERNAL REVENUE. No. 13679. United States Court of Appeals Fifth Circuit. Nov. 23, 1951. William T. Rogers, Jacksonville, Fla., for petitioners. Hilbert P. Zarky, Ellis N. Slack, Special Assts. to Atty. Gen., Theron Lamar Caudle, Asst. Atty. Gen., Charles Oliphant, Chief Counsel, W. Herman Schwatka, Spl. Atty., Bureau of Internal Revenue, Washington, D.C., for respondent. Before HUTCHESON, Chief Judge, and HOLMES, and STRUM, Circuit...
192 F.2d 468 McCALL v. UNITED STATES. No. 13670. United States Court of Appeals Fifth Circuit. November 13, 1951. Myer Goldberg, Henry N. Payton, Newnan, Ga., for appellant. Lamar N. Smith, Asst. U. S. Atty., J. Ellis Mundy, U. S. Atty., Atlanta, Ga., for appellee. Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges. JOSEPH C. HUTCHESON, Jr., Chief Judge. 1 Appealing from a verdict and judgment finding him guilty of unlawfully possessing tax unpaid whiskey, and sentencing him...
191 F.2d 850 NATIONAL LABOR RELATIONS BOARD v. EVA-RAY DRESS MFG. CO., Inc., et al. No. 13665. United States Court of Appeals Fifth Circuit. October 17, 1951. William M. Pate, Attorney, National Labor Relations Board, Atlanta, Ga., David P. Findling, Assoc. Gen. Cnsl., NLRB, A. Norman Somers, Asst. Gen. Cnsl., NLRB, Washington, D. C., for petitioner. Arnold S. Kaye, Atlanta, Ga., for respondents. Before HUTCHESON, Chief Judge, and HOLMES and STRUM, Circuit Judges. PER CURIAM. 1 Though this...
192 F.2d 51 FREEMAN v. RAILROAD RETIREMENT BOARD. No. 13663. United States Court of Appeals Fifth Circuit. November 2, 1951. Lewis L. Scott, Savannah, Ga., for petitioner. Myles F. Gibbons, General Counsel, David B. Schreiber, Assoc. Gen. Counsel, Railroad Retirement Board, Chicago, Ill. (Louis Turner and Ben Diamond, Chicago, Ill., of counsel), for respondent. Before HUTCHESON, Chief Judge, and HOLMES and STRUM, Circuit Judges. STRUM, Circuit Judge. 1 Claiming to be the widow of Rufus Freeman,...
189 F.2d 611 James R. TODD, Appellant, v. UNITED STATES of America, Appellee. No. 13656. United States Court of Appeals Fifth Circuit. June 15, 1951. Appeal from the United States District Court for the Northern District of Texas. Joe H. Jones and James H. Martin, Dallas, Tex., for appellant. Frank B. Potter, U. S. Atty. Dallas, Tex. and Lester L. May, Asst. U. S. Atty. Dallas, Tex., for appellee. Before HUTCHESON, Chief Judge, and HOLMES, and BORAH, Circuit Judges. 1 On consideration of the...
192 F.2d 804 ZIEBART v. UNITED STATES. No. 13653. United States Court of Appeals Fifth Circuit. November 30, 1951. Larry Scarborough, Abilene, Tex., for appellant. Cavett S. Binion, Asst. U. S. Atty., Ft. Worth, Tex., for appellee. Before JOSEPH C. HUTCHESON, Chief Judge, and HOLMES, and STRUM, Circuit Judges. JOSEPH C. HUTCHESON, Chief Judge. 1 This is appellant's second appearance here seeking relief from an order denying his motion under Section 2255, Title 28 U.S.C.A., for vacation of his...
