City of Gainesville v. Brown-Crummer Investment Co.

Fifth Circuit

City of Gainesville v. Brown-Crummer Investment Co.

31 F.2d 1009, 1929 U.S. App. LEXIS 3632

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 23, 1929

DocketNo. 4861

StatusPublished

This text of 31 F.2d 1009 (City of Gainesville v. Brown-Crummer Investment Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of Gainesville v. Brown-Crummer Investment Co., 31 F.2d 1009, 1929 U.S. App. LEXIS 3632 (5th Cir. 1929).

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Opinion

FOSTER, Circuit Judge.

On a previous hearing we affirmed a judgment in favor of appellee Brown-Crummer Investment Company and directed that the proceedings as between appellant and Head, executor, and the Southern Surety Company, be dismissed. 20 F.(2d) 497. On writ of certiorari the Supreme Court reversed the judgment as to the parties dismissed and remanded the ease for further proceedings, without passing on the merits of the controversy between the city and the investment company, intimating that a decision of that question might properly await the decision of the same question by the Supreme Court of Texas in a case then pending, 277 U. S. 54, 48 S. Ct. 454, 72 L. Ed. 781.

The issues have been fully covered in the opinions in the reported cases above cited and need not be further discussed. We are advised that the Commission of Appeals of Texas, in the ease referred to by the Supreme Court, Keel v. Pulte, 10 S.W.(2d) 694, has rendered a decision in line with our views, which has been approved by the Supreme Court of Texas and is final.

Affirmed.

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FOSTER, Circuit Judge.

On a previous hearing we affirmed a judgment in favor of appellee Brown-Crummer Investment Company and directed that the proceedings as between appellant and Head, executor, and the Southern Surety Company, be dismissed. 20 F.(2d) 497. On writ of certiorari the Supreme Court reversed the judgment as to the parties dismissed and remanded the ease for further proceedings, without passing on the merits of the controversy between the city and the investment company, intimating that a decision of that question might properly await the decision of the same question by the Supreme Court of Texas in a case then pending, 277 U. S. 54, 48 S. Ct. 454, 72 L. Ed. 781.

The issues have been fully covered in the opinions in the reported cases above cited and need not be further discussed. We are advised that the Commission of Appeals of Texas, in the ease referred to by the Supreme Court, Keel v. Pulte, 10 S.W.(2d) 694, has rendered a decision in line with our views, which has been approved by the Supreme Court of Texas and is final.

Affirmed.

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31 F.2d 1009, 1929 U.S. App. LEXIS 3632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-gainesville-v-brown-crummer-investment-co-ca5-1929.

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