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Court of Appeals for the Fifth Circuit

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Drummond v. United States, 94-60419 (1934)

41 F.3d 664 Drummond v. U.S. * NO. 94-60419 United States Court of Appeals, Fifth Circuit. Nov 25, 1934 Appeal From: S.D.Tex., No. CA-G-93-537 1 AFFIRMED.

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Villareal v. Hammond, 7536 (1934)

74 F.2d 503 (1934) VILLAREAL et al. v. HAMMOND, Marshal. No. 7536. Circuit Court of Appeals, Fifth Circuit. December 6, 1934. *504 Leonard Brown, of San Antonio, Tex., for appellants. A. W. W. Woodcock, Sp. Asst. to the Atty. Gen., and Douglas W. McGregor, U. S. Atty., and Brian S. Odem, Asst. U. S. Atty., both of Houston, Tex., for appellee. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. To obtain a reward of $750 offered for the arrest in the United States and...

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Chandler v. Perry, 7533 (1934)

74 F.2d 371 (1934) CHANDLER et al. v. PERRY. No. 7533. Circuit Court of Appeals, Fifth Circuit. December 18, 1934. *372 John Sayles and J. M. Chandler, both of Dallas, Tex., for appellants. Gordon Simpson, of Tyler, Tex., for appellee. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. Perry, as trustee in bankruptcy of Martin, petitioned the referee to cite the appellants to set up their several claims to a gas and oil leasehold which he alleged was in his custody and...

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Collins v. Atlantic Oil Producing Co., 7510 (1934)

74 F.2d 122 (1934) COLLINS v. ATLANTIC OIL PRODUCING CO. No. 7510. Circuit Court of Appeals, Fifth Circuit. December 11, 1934. Charles L. Morgan and William E. Allen, both of Fort Worth, Tex., for appellant. Snowden M. Leftwich, of Dallas, Tex., for appellee. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. By a suit at law in the District Court, C. O. Collins sought to recover of Atlantic Oil Producing Company $24,000, with interest and costs of suit; it being the...

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Davis v. Jefferson Standard Life Ins. Co., 7507 (1934)

73 F.2d 330 (1934) DAVIS v. JEFFERSON STANDARD LIFE INS. CO. [*] No. 7507. Circuit Court of Appeals, Fifth Circuit. November 3, 1934. *331 Robert L. Anderson and R. Lanier Anderson, Jr., both of Macon, Ga., for appellant. Grover Middlebrooks, of Atlanta, Ga., and T. Baldwin Martin, of Macon, Ga., for appellee. Before BRYAN, FOSTER, and SIBLEY, Circuit Judges. SIBLEY, Circuit Judge. This appeal is from the judgment on a verdict directed against Mrs. Grace Mae Davis in a suit to collect on the...

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Harris v. Coca-Cola Co., 7505 (1934)

73 F.2d 370 (1934) HARRIS v. COCA-COLA CO. COCA-COLA CO. v. HARRIS. No. 7505. Circuit Court of Appeals, Fifth Circuit. November 9, 1934. Alex W. Smith, Jr., Alex C. King, and Croom Partridge, all of Atlanta, Ga., for appellant and cross-appellee. Harold Hirsch and M. E. Kilpatrick, both of Atlanta, Ga., for appellee and cross-appellant. Before BRYAN, SIBLEY, and WALKER, Circuit Judges. SIBLEY, Circuit Judge. Esther Larose Harris, the widow of Joel Chandler Harris, asserting a renewal copyright...

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Knight v. Atlantic Coast Line R. Co., 7493 (1934)

73 F.2d 76 (1934) KNIGHT v. ATLANTIC COAST LINE R. CO. et al. No. 7493. Circuit Court of Appeals, Fifth Circuit. October 27, 1934. J. P. Highsmith, of Baxley, Ga., for appellant. Larry E. Pedrick, Leon A. Wilson, and John W. Bennett, all of Waycross, Ga., for appellees. Before BRYAN, HUTCHESON, and WALKER, Circuit Judges. WALKER, Circuit Judge. The appellant brought an action in a Georgia state court against the appellee, Atlantic Coast Line Railroad Company, a Virginia corporation, and B. C....

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Seeley v. Cornell, 7468 (1934)

74 F.2d 353 (1934) SEELEY et al. v. CORNELL et al. No. 7468. Circuit Court of Appeals, Fifth Circuit. December 20, 1934. Rehearing Denied January 11, 1935. T. R. Boone and Kearby Peery, both of Wichita Falls, Tex., for appellants. Henry E. Jackson, Chas. Gibbs, and Scott Snodgrass, all of San Angelo, Tex., Ed. M. Whitaker, of El Paso, Tex., F. H. DeGroat, of Duluth, Minn., and Chas. A. Holden, of Tulsa, Okl., for appellees. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. FOSTER, Circuit...

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Richmond Hosiery Mills v. Camp, 7451 (1934)

74 F.2d 200 (1934) RICHMOND HOSIERY MILLS v. CAMP. No. 7451. Circuit Court of Appeals, Fifth Circuit. December 14, 1934. Rehearing Denied January 11, 1935. Elbert P. Tuttle and J. B. Brennan, both of Atlanta, Ga., John A. Chambliss and J. B. Sizer, both of Chattanooga, Tenn., and J. Alton Hosch, of Gainesville, Ga., for appellant. Mastin G. White, Sp. Asst. to the Atty. Gen., and Curley C. Hoffpauir, Asst. Counsel, N. R. A., of Washington, D. C., and Lawrence S. Camp, U. S. Atty., and M. Neil...

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United States v. First Nat. Bank of Birmingham, 7411 (1934)

74 F.2d 360 (1934) UNITED STATES v. FIRST NAT. BANK OF BIRMINGHAM. No. 7411. Circuit Court of Appeals, Fifth Circuit. December 18, 1934. *361 Lucius A. Buck and Sewall Key, Sp. Assts. to the Atty. Gen., Frank J. Wideman, Asst. Atty. Gen., and Jim C. Smith, U. S. Atty., of Birmingham, Ala. Borden Burr and William S. Pritchard, both of Birmingham, Ala., for appellee. Before BRYAN, HUTCHESON, and WALKER, Circuit Judges. WALKER, Circuit Judge. This was an action by the appellee, suing as executor...

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Hamilton v. United States, 7410 (1934)

73 F.2d 357 (1934) HAMILTON v. UNITED STATES. No. 7410. Circuit Court of Appeals, Fifth Circuit. November 10, 1934. R. W. Smith, Jr., of Gainesville, Ga., for appellant. Lawton H. Ware, Veterans' Administration, of Atlanta, Ga., Dunbar Harrison, Asst. U. S. Atty., of Savannah, Ga., and Joseph H. San, Atty., Dept. of Justice, of New York City, for the United States. Before BRYAN, FOSTER, and SIBLEY, Circuit Judges. SIBLEY, Circuit Judge. After a few months' service in the Army, Lee Hamilton was...

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Jennings v. United States, 7407 (1934)

73 F.2d 470 (1934) JENNINGS v. UNITED STATES. No. 7407. Circuit Court of Appeals, Fifth Circuit. November 10, 1934. *471 R. Douglas Feagin, of Macon, Ga., and O'Glen Ray, of Atlanta, Ga., for appellant. T. Hoyt Davis, U. S. Atty., and A. Edward Smith, and H. G. Rawls, Asst. U. S. Attys., all of Macon, Ga., and Jos. H. San, Atty., Department of Justice, of New York City. Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. Appellant, a sufferer from bronchial asthma,...

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Harper v. Southern Coal & Coke Co., 7404 (1934)

73 F.2d 792 (1934) HARPER v. SOUTHERN COAL & COKE CO. No. 7404. Circuit Court of Appeals, Fifth Circuit. November 27, 1934. Hugh A. Locke and Andrew W. Griffin, both of Birmingham, Ala., for appellant. Borden Burr, of Birmingham, Ala., for appellee. Before BRYAN, HUTCHESON, and WALKER, Circuit Judges. WALKER, Circuit Judge. This action was brought by the appellant against the appellee in an Alabama state court, and was removed by the appellee to the court below. Appellant's complaint contained...

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Ohio Casualty Ins. Co. v. Beckwith, 7403 (1934)

74 F.2d 75 (1934) OHIO CASUALTY INS. CO. v. BECKWITH. No. 7403. Circuit Court of Appeals, Fifth Circuit. December 13, 1934. Rehearing Denied January 11, 1935. *76 John F. Battaile, of Houston, Tex., for appellant. M. S. McCorquodale, of Houston, Tex., and Douglas W. McGregor, of Houston, Tex., for appellee. Before BRYAN, SIBLEY, and WALKER, Circuit Judges. BRYAN, Circuit Judge. Appellee, having been injured in an automobile accident, in which William Merrill, Jr., the owner and driver of the...

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Robinson v. Home Ins. Co., 7401 (1934)

73 F.2d 3 (1934) ROBINSON et al. v. HOME INS. CO. [*] No. 7401. Circuit Court of Appeals, Fifth Circuit. October 25, 1934. *4 Wm. Hugh Stephens, of Savannah, Ga., and Edgar Watkins, of Atlanta, Ga., for appellants. Geo. T. Cann, of Savannah, Ga., for appellee. Before BRYAN, FOSTER, and WALKER, Circuit Judges. WALKER, Circuit Judge. This was an action by the appellants on a policy of insurance issued to them by the appellee whereby the fishing boat Libbie, her body, tackle, etc., were insured at...

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Cage v. Cage, 7376 (1934)

74 F.2d 377 (1934) CAGE v. CAGE et al. No. 7376. Circuit Court of Appeals, Fifth Circuit. December 6, 1934. Helen W. Cage, of Houston, Tex., in pro. per. J. C. Hutcheson, III, J. E. Winfree, and James F. Lawler, all of Houston, Tex., for appellees. Before BRYAN, FOSTER, and WALKER, Circuit Judges. BRYAN, Circuit Judge. This is an appeal from an order dismissing a bill in equity for want of prosecution. In February, 1931, appellant brought her original bill against Duncan S. Cage to recover an...

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Ryan v. Amazon Petroleum Corporation, 7350 (1934)

71 F.2d 1 (1934) RYAN et al. v. AMAZON PETROLEUM CORPORATION et al. No. 7350. Circuit Court of Appeals, Fifth Circuit. May 22, 1934. Rehearing Denied June 29, 1934. *2 Chas. I. Francis, Sp. Asst. to Atty. Gen., John F. Davis, of Washington, D. C., S. D. Bennett, U. S. Atty., of Beaumont, Tex., and Douglas Arant, Sp. Asst. to Atty. Gen., for appellants. W. T. Saye, J. N. Saye, and W. Edward Lee, all of Longview, Tex., and F. W. Fischer, of Tyler, Tex., for appellees. Before BRYAN, FOSTER, and...

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Shepherd v. Union Central Life Ins. Co., 7345 (1934)

74 F.2d 180 (1934) SHEPHERD v. UNION CENTRAL LIFE INS. CO. No. 7345. Circuit Court of Appeals, Fifth Circuit. December 12, 1934. John H. Crooker, and Carl G. Stearns, both of Houston, Tex., for appellant. David T. Searls and Fred R. Switzer, both of Houston, Tex., for appellee. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. E. D. Shepherd, Sr., sued the Union Central Life Insurance Company for a breach of contract in that the company terminated in February, 1933,...

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Belt v. United States, 7342 (1934)

73 F.2d 888 (1934) BELT et al. v. UNITED STATES. [*] No. 7342. Circuit Court of Appeals, Fifth Circuit. December 4, 1934. E. T. Miller and J. S. Belt, both of Amarillo, Tex., for appellants. Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex. Before BRYAN, HUTCHESON, and WALKER, Circuit Judges. BRYAN, Circuit Judge. Appellants Belt and Kelly were indicted and convicted of using the mails for the purpose of executing a scheme to defraud by means of false and fraudulent pretenses and...

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Esteves v. Lykes Bros. SS Co., 7340 (1934)

74 F.2d 364 (1934) ESTEVES v. LYKES BROS. S. S. CO., Inc. [*] No. 7340. Circuit Court of Appeals, Fifth Circuit. December 18, 1934. Owen D. Barker, of Galveston, Tex., for appellant. J. Newton Rayzor and Robert Eikel, Jr., both of Houston, Tex., for appellee. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. Sipriano Esteves, a Spanish citizen, sued Lykes Bros. Steamship Company at law for $25,000 in the District Court at Galveston, Tex., alleging the defendant to be...

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