Clay v. Callaway

Fifth Circuit

Clay v. Callaway

192 F.2d 659, 29 L.R.R.M. (BNA) 2053, 1951 U.S. App. LEXIS 3581

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 6, 1951

Docket13602

StatusPublished

This text of 192 F.2d 659 (Clay v. Callaway) 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.

Bluebook

Clay v. Callaway, 192 F.2d 659, 29 L.R.R.M. (BNA) 2053, 1951 U.S. App. LEXIS 3581 (5th Cir. 1951).

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Opinion

PER CURIAM.

The nature of this case sufficiently appears from the report on former appeal, 5 Cir., 177 F.2d 741, rehearing denied 178 F.2d 758. The case has now been heard fully by the district court, upon the record of the investigation before the railroad superintendent, upon oral testimony offered by the parties, and upon the examination of witnesses requested by the court. At the conclusion of the evidence the court entered detailed findings of fact and conclusions of law. In brief the court found that when the appellant was reinstated in December, 1943 there was no intention to clear his record of any charges other than those on which he had been tried and dismissed in August, 1943, and that thereafter as a result of a fair hearing of the appellant on May 19th and 20th, 1944, on other charges duly preferred, against him, he was discharged. On a consideration of the record and of the briefs and arguments of counsel we find ourselves in agreement with the district judge. The appellant has had his full day in court, and the judgment is

Affirmed.

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PER CURIAM.

The nature of this case sufficiently appears from the report on former appeal, 5 Cir., 177 F.2d 741, rehearing denied 178 F.2d 758. The case has now been heard fully by the district court, upon the record of the investigation before the railroad superintendent, upon oral testimony offered by the parties, and upon the examination of witnesses requested by the court. At the conclusion of the evidence the court entered detailed findings of fact and conclusions of law. In brief the court found that when the appellant was reinstated in December, 1943 there was no intention to clear his record of any charges other than those on which he had been tried and dismissed in August, 1943, and that thereafter as a result of a fair hearing of the appellant on May 19th and 20th, 1944, on other charges duly preferred, against him, he was discharged. On a consideration of the record and of the briefs and arguments of counsel we find ourselves in agreement with the district judge. The appellant has had his full day in court, and the judgment is

Affirmed.

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Bluebook (online)

192 F.2d 659, 29 L.R.R.M. (BNA) 2053, 1951 U.S. App. LEXIS 3581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clay-v-callaway-ca5-1951.

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