196 F.2d 912 SMITH et al. v. BACON et al. THE NBC 758. THE NBC 757. THE ROLAND. No. 13414. United States Court of Appeals Fifth Circuit. May 23, 1952. Robert Eikel, Houston, Tex., for appellant. Carl G. Stearns, Houston, Tex., for appellee. Before HUTCHESON, Chief Judge, and RUSSELL and RIVES, Circuit Judges. RIVES, Circuit Judge. 1 On Petition for Rehearing appellees argue: (1) that this Court was not warranted in dividing the damages equally between Charles C. Smith Company and appellee,...
196 F.2d 639 UNITED STATES, v. ONE 1950 LINCOLN SEDAN, MOTOR NO. 50 LP 14278L et al. No. 13844. United States Court of Appeals Fifth Circuit. May 13, 1952. William S. Walker, Asst. U.S. Atty., Jacksonville, Fla., for appellant. Francis P. Conroy, Jacksonville, Fla., for appellee. Before HUTCHESON, Chief Judge, and BORAH and STRUM, Circuit Judges. BORAH, Circuit Judge. 1 The United States of America filed a libel of information against the 1950 Lincoln Sedan automobile involved in this appeal,...
199 F.2d 752 HENLEY, v. MOORE, Warden. No. 14252. United States Court of Appeals Fifth Circuit. Nov. 18, 1952. John Henley, in propria persona. Willis E. Gresham, Asst. Atty. Gen. of Texas, for appellee. Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges. PER CURIAM. 1 This is an appeal from an order denying a petition for habeas corpus seeking relief from custody under state process. The district judge having declined to issue a certificate of probable cause, the judges of this...
199 F.2d 860 52-2 USTC P 9548 DRIVER, v. UNITED STATES. No. 14233. United States Court of Appeals Fifth Circuit Nov. 22, 1952. E. C. Boswell, Geneva, Ala., for appellant. William S. Walker, and Edith House, Asst. U.S. Attys., Jacksonville, Fla., for appellee. Before BORAH, STRUM, and RIVES, Circuit Judges. STRUM, Circuit Judge. 1 Appellant was convicted of having made and used a false document in a matter within the jurisdiction of the Bureau of Internal Revenue, knowing the same to contain...
199 F.2d 854 LARTER & SONS, Inc. v. DINKLER HOTELS CO., Inc. et al. No. 14224. United States Court of Appeals Fifth Circuit. Nov. 15, 1952. Ogden Doremus and Estes Doremus, Atlanta, Ga., for appellant. Edward E. Dorsey, James N. Frazer and Hamilton Douglas, Atlanta, Ga., for appellee Before BORAH, STRUM and RIVES, Circuit Judges. RIVES, Circuit Judge. 1 This appeal is from a judgment dismissing the action. The motion to dismiss was filed by one of the defendants, Dinkler Hotels Company, Inc. So...
199 F.2d 593 In re BANKERS LIFE & CASUALTY CO. No. 14222. United States Court of Appeals Fifth Circuit. November 6, 1952. Rehearing Denied December 12, 1952. Charles F. Short, Jr., Chicago, Ill., Miller Walton, Miami, Fla., for appellant. M. H. Blackshear, Jr., Asst. Atty. Gen. of Georgia, Lamar Sizemore, Asst. Atty. Gen., for appellee. Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges. PER CURIAM. 1 Upon full consideration of the briefs and arguments on the motion to...
199 F.2d 648 NATIONAL LABOR RELATIONS BOARD v. INTERNATIONAL FURNITURE CO. No. 14201. United States Court of Appeals Fifth Circuit. Nov. 12, 1952. Frederick U. Reel, Atty., National Labor Relations Board, A. Norman Somers, Asst. Gen. Counsel, and David P. Findling, Associate Gen. Counsel, Washington, D.C., for petitioner. Hoke Smith and Welborn Cody, Atlanta, Ga., Herbert B. Kimzey, Cornelia, Ga., for respondent. Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges. HOLMES,...
199 F.2d 754 DAVIS, v. ELLIS et al. No. 14198. United States Court of Appeals Fifth Circuit. Nov. 18, 1952. Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges. PER CURIAM. 1 This is an appeal from an order denying a petition for habeas corpus seeking relief from custody under state process. The district judge having declined to issue a certificate of probable cause, the judges of this court have carefully examined the record to determine whether the appeal has enough merit to...
200 F.2d 487 53-1 USTC P 9137 ALLEN, v. SELIG. No. 14190. United States Court of Appeals Fifth Circuit. Dec. 17, 1952. Carolyn R. Just, Sp. Asst. to Atty. Gen., John P. Cowart, U.S. Atty., Macon, Ga., for appellant. Herman Heyman, Atlanta, Ga., for appellee. Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges. HUTCHESON, Chief Judge. 1 What is in question here is the deductibility, under Sec. 23(a)(2) of the Internal Revenue Code, 1 of reasonable legal fees and incidental...
199 F.2d 710 KELLS v. ELLIS et al. No. 14181. United States Court of Appeals Fifth Circuit. November 18, 1952. John Kells, in propria persona. Willis E. Gresham, Asst. Atty. Gen. of Texas, for appellee. Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges. PER CURIAM. 1 This is an appeal from an order denying a petition for habeas corpus seeking relief from custody under state process. The district judge having declined to issue a certificate of probable cause, the judges of this...
199 F.2d 761 SEABOARD AIRLINE R. CO. v. PAN AMERICAN PETROLEUM & TRANSPORT CO. THE PAN MARYLAND. No. 14179. United States Court of Appeals Fifth Circuit. Nov. 15, 1952. Rehearing Denied Dec. 12, 1952. E. Ormonde Hunter and George W. Williams, Savannah, Ga., for appellant. Julian C. Sipple and A. R. Lawton, Savannah, Ga., Herbert P. Reid, New York City, for appellee. Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges. HUTCHESON, Chief Judge. 1 About 12 o'clock noon on a bright...
200 F.2d 50 MITCHELL et al. v. NIXON et al. No. 14178. United States Court of Appeals Fifth Circuit. November 25, 1952. Erle Pettus, Sr., Erle Pettus, Jr., Birmingham, Ala., for appellant. Hyman Rosenfeld and Aubrey Dominick, Tuscaloosa, Ala., Ira D. Pruitt, Livingston, Ala., Gordon Madison, Tuscaloosa, Ala., for appellees. Before HUTCHESON, Chief Judge, and BORAH, and STRUM, Circuit Judges. BORAH, Circuit Judge. 1 This appeal is from a final judgment of the United States District Court for the...
200 F.2d 898 PEARL ASSUR. CO., Limited, v. SOUTHERN WOOD PRODUCTS CO. No. 14173. United States Court of Appeals Fifth Circuit. December 17, 1952. Alex W. Smith, Atlanta, Ga., for appellant. Thomas B. Branch, Jr., Atlanta, Ga., for appellee. Before BORAH, STRUM, and RIVES, Circuit Judges. BORAH, Circuit Judge. 1 This appeal is from a judgment which was entered by the court below on a jury verdict awarding plaintiff the face amount of a policy of fire insurance plus a statutory penalty. The...
200 F.2d 556 BRANTLEY, v. UNITED STATES. No. 14171. United States Court of Appeals Fifth Circuit. Dec. 22, 1952. John Robert Brantley, in pro. per. Joseph E. Brown, U.S. Atty., Jackson, Miss., for appellee. Before HUTCHESON, Chief Judge, and BORAH, and RIVES, Circuit Judges. HUTCHESON, Chief Judge. 1 Convicted on his plea of guilty of falsely making and forging a prescription for narcotic drugs, in violation of Secs. 1001 and 494 of Title 18 U.S.C.A., appellant was, on September 26, 1950,...
200 F.2d 123 MATER v. HOLLEY et al. No. 14165. United States Court of Appeals, Fifth Circuit. November 29, 1952. Glover McGhee and Warner S. Currie, Atlanta, Ga., for appellant. Edward L. Savell, Atlanta, Ga., for appellees. Before BORAH, STRUM and RIVES, Circuit Judges. STRUM, Circuit Judge. 1 Alleging that she suffered personal injuries as a result of the negligence of appellees within the boundaries of Fort McPherson, Georgia, appellant brought suit in a federal district court to recover...
199 F.2d 152 J. A. DOGGETT, G. W. Allen and H. G. Allen, Appellants, v. R. L. HUNT, Appellee. No. 14156. United States Court of Appeals Fifth Circuit. October 22, 1952. Appeal from the United States District Court for the Southern District of Alabama; Daniel H. Thomas, Judge. Albert J. Tully, Mobile, Ala., for appellant. W. Dewitt Reams, Mobile, Ala., Ralph B. Shank, Dallas, Tex., for appellee. Before BORAH, STRUM and RIVES, Circuit Judges. PER CURIAM. 1 Motion of appellee to dismiss appeal...
199 F.2d 573 ALLEN, Collector of Internal Revenue, v. JEFFERSON MILLS, Inc. No. 14149. United States Court of Appeals Fifth Circuit. November 12, 1952. Carolyn R. Just, Special Asst. to Atty. Gen., Ellis N. Slack, Act. Asst. Atty. Gen., John P. Cowart, U. S. Atty., Macon, Ga., for appellant. M. E. Kilpatrick, Atlanta, Ga., for appellee. Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges. RUSSELL, Circuit Judge. 1 Refund of surtaxes on undistributed profits alleged to have...
199 F.2d 952 HENSON v. ELLIS. No. 14148. United States Court of Appeals Fifth Circuit. November 18, 1952. T. H. Henson, Huntsville, Tex., for appellant. Willis E. Gresham, Asst. Atty. Gen. of Texas, for appellee. Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges. PER CURIAM. 1 This appeal is from a final order denying a petition for habeas corpus where the detention complained of arises out of process issued by a state court. Under the provisions of Sec. 2253, Title 28 U.S.C.,...
199 F.2d 581 McCRANIE v. UNITED STATES. No. 14145. United States Court of Appeals Fifth Circuit. Nov. 6, 1952. John L. Green, Athens, Ga., for appellant. Stanley D. Rose, Atty., Dept. of Justice, Washington, D.C., John P. Cowart, U.S. Atty., and J. H. Fort, Asst. U.S. Atty., Macon, Ga., for appellee. Before HUTCHESON, Chief Judge, and HOLMES, and RUSSELL, Circuit judges. PER CURIAM. 1 This is an appeal from a summary judgment entered in favor of the United States in a suit, under the Federal...
199 F.2d 660 ADKINS v. ATLANTIC COAST LINE R. CO. No. 14128. United States Court of Appeals, Fifth Circuit. November 7, 1952. H. G. Rawls and G. Stuart Watson, Albany, for appellant. H. H. Perry, Jr., Albany, for appellee. Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges. RUSSELL, Circuit Judge. 1 In this suit the appellant sought recovery of damages sustained in a grade-crossing collision between her automobile, which she was driving, and a train of the defendant railroad...
