139 F.2d 930 (1943) JOHNSON v. JOHNSON No. 10806. Circuit Court of Appeals, Fifth Circuit. December 9, 1943. *931 Allan H. Kottwitz and A. B. Wilson, both of Houston, Tex., for appellant. W. L. Kemper, of Houston, Tex., for appellee. Before SIBLEY, HOLMES, and WALLER, Circuit Judges. WALLER, Circuit Judge. Will Johnson was a porter, employed by Pullman, Inc. (hereafter called "Pullman"). The Prudential Life Insurance Company had issued a group policy to Pullman, insuring employees, named in the...
139 F.2d 338 (1943) BURNHAM et al. v. TODD. No. 10787. Circuit Court of Appeals, Fifth Circuit. December 8, 1943. Motion to Reform Judgment Denied January 19, 1944. *339 *340 J. Cleo Thompson, of Dallas, Tex., and H. P. Smead, of Longview, Tex., for appellants. H. S. Lattimore, H. C. Ray, and Earnest E. Sanders, all of Fort Worth, Tex., for appellee. Before SIBLEY, HOLMES, and WALLER, Circuit Judges. SIBLEY, Circuit Judge. An involuntary proceeding in bankruptcy was instituted in the District...
138 F.2d 818 (1943) SOUTH DADE FARMS, Inc., v. COMMISSIONER OF INTERNAL REVENUE. No. 10746. Circuit Court of Appeals, Fifth Circuit. November 16, 1943. Douglas D. Felix, of Miami, Fla., for petitioner. *819 Bernard Chertcoff, Sewall Key, A. F. Prescott, and Muriel S. Paul, Sp. Assts. to Atty. Gen., J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Charles E. Lowery, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent. Before HUTCHESON and HOLMES, Circuit...
138 F.2d 478 (1943) WALL v. BRIM No. 10740. Circuit Court of Appeals, Fifth Circuit. October 20, 1943. Grover Middlebrooks, of Atlanta, Ga., and Clifford E. Hay, of Thomasville, Ga., for appellant. A. B. Conger, of Bainbridge, Ga., and Ira Carlisle, of Cairo, Ga., for appellee. Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges. HUTCHESON, Circuit Judge. The suit was for malpractice. The claim was that in making the diagnosis with respect to, and in performing an operation for, the removal of...
138 F.2d 708 (1943) MADDEN v. METROPOLITAN LIFE INS. CO. MADDEN FURNITURE, Inc., v. SAME. No. 10707. Circuit Court of Appeals, Fifth Circuit. November 10, 1943. Morris E. White and Calvin Johnson, of Tampa, Fla., for appellants, Marguerite Madden and Madden Furniture, Inc. Peter O. Knight, C. Fred Thompson, and Jno. Bell, all of Tampa, Fla., for appellee, Metropolitan Life Ins. Co. Before HUTCHESON and HOLMES, Circuit Judges, and RUSSELL, District Judge. HUTCHESON, Circuit Judge. When this...
138 F.2d 765 (1943) AMERICAN SUGAR REFINING CO. v. THE ANACONDA et al. No. 10671. Circuit Court of Appeals, Fifth Circuit. November 9, 1943. *766 Henry N. Longley, of New York City, for appellant. Cody Fowler, of Miami, Fla., for appellees. Before HUTCHESON and HOLMES, Circuit Judges, and RUSSELL, District Judge. HUTCHESON, Circuit Judge. Appellant filed its libel in rem against the barge "Anaconda" and in personam against Smith-Rowland Company, Inc., its owner. In due course the barge was...
136 F.2d 460 (1943) SADA YOSHINUMA v. OBERDORFER INS. AGENCY et al. No. 10617. Circuit Court of Appeals, Fifth Circuit. June 25, 1943. R. Beverly Irwin, of Atlanta, Ga., for appellant. Benton E. Gaines and J. Kurt Holland, both of Atlanta, Ga., for appellees. Before HUTCHESON, HOLMES, and WALLER, Circuit Judges. HUTCHESON, Circuit Judge. In collateral support of the position of the receiver in Atlanta Flooring & Insulation Co., Inc., et al. v. Oberdorfer Insurance Agency and Marvin G. Russell,...
136 F.2d 106 (1943) SANFORD, Warden, v. KING. No. 10611. Circuit Court of Appeals, Fifth Circuit. June 4, 1943. M. Neil Andrews, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga., for appellant. No appearance was entered for appellee. Before HUTCHESON and WALLER, Circuit Judges, and COX, District Judge. WALLER, Circuit Judge. The District Court for the Northern District of Georgia, under habeas corpus proceedings, ordered the petitioner, appellee here, discharged from...
138 F.2d 440 (1943) KOHLER et al. v. JACOBS et al. No. 10610. Circuit Court of Appeals, Fifth Circuit. November 5, 1943. *441 John I. Kelley, of Atlanta, Ga., for appellants. Max F. Goldstein and Herbert J. Haas, both of Atlanta, Ga., for appellees. Before SIBLEY, HOLMES, and WALLER, Circuit Judges. SIBLEY, Circuit Judge. Max N. Kohler and Mrs. Max N. Kohler sued National Linen Service Corporation and J. B. Jacobs for damages for deceit in the purchase by the latter from the former on June 5,...
136 F.2d 368 (1943) STALEY v. COMMISSIONER OF INTERNAL REVENUE. No. 10606. Circuit Court of Appeals, Fifth Circuit. June 15, 1943. Rehearing Denied July 17, 1943. *369 Charles C. Le Forgee, of Decatur, Ill., for petitioner. Joseph M. Jones, Sewall Key, and J. Louis Monarch, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, and Bernard D. Daniels, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent. Before...
137 F.2d 459 (1943) UNITED STATES v. NEW YORK GREAT ATLANTIC & PACIFIC TEA CO., Inc., et al. No. 10603. Circuit Court of Appeals, Fifth Circuit. July 30, 1943. Rehearing Denied September 1, 1943. *460 *461 Robert C. Barnard and Horace L. Flurry, Sp. Assts. to Atty. Gen., and Earl A. Jinkinson, Sp. Atty. Dept. of Justice, and Charles S. Brewton, Jr., Sp. Atty., all of Dallas, Tex., for appellant. John N. Touchstone and Geo. S. Wright, both of Dallas, Tex., Brien McMahon, of Washington, D. C.,...
136 F.2d 562 (1943) NATIONAL LABOR RELATIONS BOARD v. PHELPS et al. No. 10599. Circuit Court of Appeals, Fifth Circuit. June 22, 1943. Robert B. Watts, Gen. Counsel, National Labor Relations Board, Ernest A. Gross, Associate Gen. Counsel, National Labor Relations Board, and Richard A. Perkins, Atty., National Labor Relations Board, all of Washington, D. C., for petitioner. William H. Bronson, of Shreveport, La., for respondents. Before HUTCHESON and WALLER, Circuit Judges, and COX, District...
136 F.2d 578 (1943) WATKINS et al. v. FLY, Collector of Internal Revenue. No. 10591. Circuit Court of Appeals, Fifth Circuit. June 4, 1943. Rehearing Denied July 7, 1943. Cecil F. Travis, Vardaman S. Dunn, and H. V. Watkins, Sr., all of Jackson, Miss., for appellants. *579 Muriel S. Paul, Sewall Key, and Newton K. Fox, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and Toxey Hall, U. S. Atty., and A. Y. Harper, Asst. U. S. Atty., both of Jackson, Miss., for appellee. Before...
138 F.2d 339 (1943) MORRISON v. LE TOURNEAU CO. OF GEORGIA et al. LE TOURNEAU CO. OF GEORGIA et al. v. MORRISON. No. 10587. Circuit Court of Appeals, Fifth Circuit. October 27, 1943. *340 Alex W. Smith and Croom Partridge, both of Atlanta, Ga., and Walter P. Armstrong, of Memphis, Tenn., for appellant and cross-appellee. A. C. Wheeler, of Gainesville, Ga., and Clifton W. Brannon and C. M. McClure, both of Toccoa, Ga., for appellees and cross-appellant. Before SIBLEY, HOLMES, and WALLER, Circuit...
135 F.2d 592 (1943) CENTRAL HANOVER BANK & TRUST CO. v. CALLAWAY et al. No. 10585. Circuit Court of Appeals, Fifth Circuit. May 5, 1943. *593 Alexander M. Lewis, of New York City, and J. Randolph Anderson, of Savannah, Ga., for appellant. A. R. Lawton, Jr., and T. M. Cunningham, both of Savannah, Ga., Francis T. P. Plimpton, Andrew Oliver, and Edward W. Bourne, all of New York City, and Henry B. Brennan and R. Basil Morris, both of Savannah, Ga., for appellees. Before SIBLEY, McCORD, and WALLER,...
136 F.2d 391 (1943) MISSISSIPPI ROAD SUPPLY CO. v. WALLING, Administrator of Wage and Hour Division, United States Department of Labor. No. 10583. Circuit Court of Appeals, Fifth Circuit. June 11, 1943. *392 E. L. Trenholm, of Jackson, Miss., for appellant. Bessie Margolin, Asst. Sol., U. S. Department of Labor, of Washington, D. C., and William A. Lowe, Regional Atty., Wage and Hour Division, of Birmingham, Ala., for appellee. Before SIBLEY, McCORD, and WALLER, Circuit Judges. SIBLEY, Circuit...
137 F.2d 148 (1943) JACKSONVILLE PAPER CO. v. NATIONAL LABOR RELATIONS BOARD. No. 10571. Circuit Court of Appeals, Fifth Circuit. July 9, 1943. Writ of Certiorari Denied October 18, 1943. *149 Louis Kurz, Reuben Ragland, and Thos. B. Adams, all of Jacksonville, Fla., for petitioner. Robert B. Watts, Gen. Counsel, and Earnest A. Gross, Associate Gen. Counsel, both of Washington, D. C., and J. Michael Early, Atty., National Labor Relations Board, of New Orleans, La., for respondent. Before...
136 F.2d 497 (1943) JERGENS v. COMMISSIONER OF INTERNAL REVENUE. No. 10570. Circuit Court of Appeals, Fifth Circuit. June 15, 1943. Rehearing Denied July 17, 1943. Carl M. Jacobs, of Cincinnati, Ohio, for petitioner. Joseph M. Jones, Sewall Key, Helen R. Carloss, and Willard H. Pedrick, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Claude R. Marshall, Sp. Atty., Bureau of Internal Revenue, both of Washington,...
135 F.2d 47 (1943) ASTOR HOLDING CO. v. COMMISSIONER OF INTERNAL REVENUE. No. 10537. Circuit Court of Appeals, Fifth Circuit. April 27, 1943. Maurice Kay, of Washington, D. C., for petitioner. Ray A. Brown and Sewall Key, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., *48 Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, and R. H. Transue, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent. Before SIBLEY, McCORD, and WALLER, Circuit Judges. McCORD, Circuit...
135 F.2d 488 (1943) CALDWELL et al. v. COMMISSIONER OF INTERNAL REVENUE. No. 10519. Circuit Court of Appeals, Fifth Circuit. May 13, 1943. Roland C. Kizer, of Baton Rouge, La., for petitioners. Benj. B. Taylor, of Baton Rouge, La., amicus curiae, for petitioner. Joseph M. Jones, Sewall Key, and J. Louis Monarch, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, and John T. Rogers, Sp. Atty., Bureau of Internal Revenue, both of Washington, D....
