124 F.2d 90 (1941) SUPER-COLD SOUTHWEST CO. v. McBRIDE. No. 9944. Circuit Court of Appeals, Fifth Circuit. December 1, 1941. Rehearing Denied January 15, 1942. *91 William Lipscomb and George E. Seay, both of Dallas, Tex., for appellant. Curtis E. Hill and Robert W. Hancock, both of Dallas, Tex., for appellee. Before HUTCHESON, HOLMES, and McCORD, Circuit Judges. HUTCHESON, Circuit Judge. The suit was under Section 16 of the Fair Labor Standards Act of 1938, [1] to recover time and a half for...
124 F.2d 167 (1941) O'BRIEN v. PABST SALES CO. No. 9892. Circuit Court of Appeals, Fifth Circuit. December 4, 1941. Rehearing Denied January 2, 1942. *168 R. G. Storey, of Dallas, Tex., for appellant. Alex F. Weisberg, of Dallas, Tex., and Edward S. Rogers and William T. Woodson, both of Chicago, Ill., for appellee. Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges. HUTCHESON, Circuit Judge. Plaintiff, in physique as in prowess as a hurler, a modern David, is a famous football player....
123 F.2d 954 (1941) BUTEX GAS CO. et al. v. SOUTHERN STEEL CO. No. 9890. Circuit Court of Appeals, Fifth Circuit. December 5, 1941. Jack A. Schley and J. C. Muse, Jr., both of Dallas, Tex., for appellants. S. Austin Wier, of Dallas, Tex., Jas. F. Bobbitt, of Houston, Tex., and Charles M. Dickson, of San Antonio, Tex., for appellee. Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges. HUTCHESON, Circuit Judge. The suit was on Claims numbered 1, 3, 5, 11, 12, and 17, of United States Patent...
121 F.2d 348 (1941) COMMISSIONER OF INTERNAL REVENUE v. COHEN. COHEN v. COMMISSIONER OF INTERNAL REVENUE. No. 9885. Circuit Court of Appeals, Fifth Circuit. June 23, 1941. Hubert L. Will, Sewall Key, Helen R. Carloss, and William L. Cary, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and John W. Smith, Sp. Atty., Bureau of Internal *349 Revenue, both of Washington, D. C., for the Commissioner. B. F. Louis, of...
120 F.2d 938 (1941) SCALISE et al. v. NATIONAL UTILITY SERVICE, Inc. No. 9879. Circuit Court of Appeals, Fifth Circuit. June 20, 1941. *939 Robt. R. Milam and E. T. McIlvaine, both of Jacksonville, Fla., for appellants. Herman Ulmer and Charles H. Murchison, both of Jacksonville, Fla., for appellee. Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges. HUTCHESON, Circuit Judge. The suit, on allegations showing that considerably more than $3,000 was involved, was for injunction against the use...
124 F.2d 172 (1941) JAX BEER CO. v. REDFERN. No. 9877. Circuit Court of Appeals, Fifth Circuit. December 10, 1941. Emil Corenbleth, of Dallas, Tex., and F. F. Beadle, of Houston, Tex., for appellant. Bruce L. Graham, of Dallas, Tex., for appellee. Irving J. Levy, Asst. Sol., U. S. Dept. of Labor, of Washington, D. C., for amicus curiae. Before FOSTER and McCORD, Circuit Judges, and DAWKINS, District Judge. *173 McCORD, Circuit Judge. R. J. Redfern, individually and for the use and benefit of...
120 F.2d 982 (1941) CITIZENS BLDG. OF WEST PALM BEACH, Inc., v. WESTERN UNION TEL. CO. No. 9873. Circuit Court of Appeals, Fifth Circuit. June 23, 1941. *983 L. A. Mooney, of West Palm Beach, Fla., for appellant. J. Julien Southerland, of Miami Beach, Fla., for appellee. Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges. HOLMES, Circuit Judge. This is a suit for specific performance of an agreement to re-lease. We must decide whether the proceedings to determine the fair rental value of the...
121 F.2d 263 (1941) SAMPLES v. UNITED STATES. No. 9872. Circuit Court of Appeals, Fifth Circuit. June 25, 1941. Rehearing Denied August 1, 1941. *264 Wm. C. Rayburn, of Guntersville, Ala., and A. E. Hawkins, of Fort Payne, Ala., for appellant. Jim C. Smith, U. S. Atty., and Jack H. McGuire, Asst. U. S. Atty., both of Birmingham, Ala., for appellee. Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges. FOSTER, Circuit Judge. Appellant, E. C. Samples, was convicted of conspiring to violate Sec....
120 F.2d 942 (1941) McLEAN v. COMMISSIONER OF INTERNAL REVENUE. No. 9870. Circuit Court of Appeals, Fifth Circuit. June 20, 1941. L. J. Benckenstein, of Beaumont, Tex., for petitioner. Warren F. Wattles and Sewall Key, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and John M. Morawski, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent. W. D. Gordon, of Beaumont, Tex., amicus...
121 F.2d 7 (1941) FLEMING v. COMMISSIONER OF INTERNAL REVENUE. No. 9869. Circuit Court of Appeals, Fifth Circuit. July 8, 1941. *8 Harry C. Weeks, of Fort Worth, Tex., for petitioner. Hubert L. Will, Sewall Key, Helen R. Carloss, and John J. Pringle, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and John W. Smith, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent. Before FOSTER,...
121 F.2d 207 (1941) FLEMING v. A. H. BELO CORPORATION. No. 9867. Circuit Court of Appeals, Fifth Circuit. June 27, 1941. Irving J. Levy, Asst. Sol., U. S. Dept. of Labor, George B. Searls, Atty., U. S. *208 Dept. of Labor, both of Washington, D. C., and Llewellyn B. Duke, Regional Atty., U. S. Dept. of Labor, and Robert W. Richards, both of Dallas, Tex., for appellant. Eugene P. Locke and Maurice E. Purnell, both of Dallas, Tex., for appellee. Before FOSTER, SIBLEY, and HUTCHESON, Circuit...
124 F.2d 104 (1941) HILL et al. v. FEDERAL TRADE COMMISSION. No. 9849. Circuit Court of Appeals, Fifth Circuit. December 23, 1941. *105 W. A. Bootle, of Macon, Ga., for petitioner. W. T. Kelley, Chief Counsel, Joseph J. Smith, Jr., and Martin A. Morrison, Asst. Chief Counsels, Federal Trade Commission, Lunsford P. Allen, Jr., and James W. Nichol, Sp. Attys., Federal Trade Commission, all of Washington, D. C., for respondent. Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges. HUTCHESON,...
122 F.2d 433 (1941) NATIONAL LABOR RELATIONS BOARD v. TEX-O-KAN FLOUR MILLS CO. No. 9848. Circuit Court of Appeals, Fifth Circuit. August 5, 1941. *434 *435 *436 Robert B. Watts, Gen. Counsel, and Laurence A. Knapp, Associate Gen. Counsel, National Labor Relations Board, both of Washington, D. C., and L. N. D. Wells, Jr., Regional Atty., of St. Louis, Mo., for petitioner. Geo. O. Wilson, of Dallas, Tex., for respondent. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge....
120 F.2d 206 (1941) CLYDE C. PIERCE CORPORATION v. COMMISSIONER OF INTERNAL REVENUE. No. 9845. Circuit Court of Appeals, Fifth Circuit. June 4, 1941. Rehearing Denied July 17, 1941. *207 Giles J. Patterson and Lucien H. Boggs, both of Jacksonville, Fla., for petitioner. Edward H. Hammond and Sewall Key, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and C. R. Marshall, Sp. Atty., Bureau of Internal Revenue, both of...
120 F.2d 131 (1941) HOLLANDER v. DAVIS. No. 9827. Circuit Court of Appeals, Fifth Circuit. June 3, 1941. Rehearing Denied July 14, 1941. Sydney L. Weintraub, of Miami, Fla., for appellant. *132 T. J. Blackwell, W. H. Walker, Jr., and Herschel E. Smith, all of Miami, Fla., for appellee. Before FOSTER, SIBLEY, and McCORD, Circuit Judges. McCORD, Circuit Judge. Helen Hollander, a citizen of Florida, brought suit for damages for personal injuries against Emilie P. Davis and her husband Charles B....
119 F.2d 764 (1941) NOVADEL-AGENE CORPORATION v. PENN et al. SAME v. TEX-O-KAN FLOUR MILLS CO. No. 9826. Circuit Court of Appeals, Fifth Circuit. May 16, 1941. Rehearing Denied June 16, 1941. *765 Brady Cole and Garrett R. Tucker, Jr., both of Houston, Tex., and Loren N. Wood, Robert S. Dunham, and Drury W. Cooper, all of New York City, for appellant Novadel-Agene Corporation. Samuel E. Darby, Jr., and Louis D. Fletcher, both of New York City, and Robert Allan Ritchie, of Dallas, Tex., opposed....
123 F.2d 710 (1941) DUNN v. TRAVELERS INDEMNITY CO. et al. No. 9825. Circuit Court of Appeals, Fifth Circuit. November 25, 1941. *711 Ralph W. Malone and Curtis White, both of Dallas, Tex., for appellant. Pinkney Grissom and Wm. M. Cramer, both of Dallas, Tex., for appellees. Before HUTCHESON, HOLMES, and McCORD, Circuit Judges. HOLMES, Circuit Judge. The Travelers Indemnity Company, proceeding under the Declaratory Judgment Act, 28 U.S.C.A. § 400, secured a judgment in the court below holding...
121 F.2d 216 (1941) KENT v. SANFORD, Warden. No. 9815. Circuit Court of Appeals, Fifth Circuit. June 23, 1941. Paul Crutchfield, of Atlanta, Ga., for appellant. Lawrence S. Camp, U. S. Atty., and Harvey H. Tysinger and John J. Flynt, Jr., Asst. U. S. Attys., all of Atlanta, Ga., for appellee. Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges. HOLMES, Circuit Judge. The appellant was convicted of violating Section 398 of Title 18 of the United States Code, 18 U.S.C.A. § 398. The court below...
119 F.2d 877 (1941) YOUNG v. TRAVELERS INS. CO. No. 9808. Circuit Court of Appeals, Fifth Circuit. May 23, 1941. Rehearing Denied June 23, 1941. Thos. L. Bailey and Lester E. Wills, both of Meridian, Miss., for appellant. R. E. Wilbourn and J. C. Wilbourn, both of Meridian, Miss., for appellee. Before HUTCHESON, HOLMES, and McCORD, Circuit Judges. HUTCHESON, Circuit Judge. The suit was for a declaratory judgment, that the insurer was not obligated to defend suits under or liable on, a policy of...
124 F.2d 160 (1941) PENNSYLVANIA R. CO. v. MILLER. No. 9807. Circuit Court of Appeals, Fifth Circuit. December 12, 1941. Rehearing Denied January 2, 1942. *161 Jesse F. Holt, of Sherman, Tex., for appellant. A. F. Nossaman and Otis H. Woodrow, both of Sherman, Tex., for appellee. Before HUTCHESON, HOLMES, and McCORD, Circuit Judges. HOLMES, Circuit Judge. This is a suit to collect unpaid freight charges arising from shipments of onions consigned over appellant's railways. The question for...
