Commercial Standard Insurance v. Campbell

Fifth Circuit

Commercial Standard Insurance v. Campbell

254 F.2d 432

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 28, 1958

DocketNo. 16723

StatusPublished

Cited by4 cases

This text of 254 F.2d 432 (Commercial Standard Insurance v. Campbell) 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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Commercial Standard Insurance v. Campbell, 254 F.2d 432 (5th Cir. 1958).

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Opinion

PER CURIAM.

Disposition of this appeal has been held in abeyance awaiting the decision of the Supreme Court in United States v. R. F. Ball Construction Co., 355 U.S. 587, 78 S.Ct. 442, 2 L.Ed.2d 510. The judgment of the District Court, whose opinion in the present case is reported in 146 F.Supp. 919, is in accord with that decision, except as to the award by the District Court out of the funds of attorneys’ fees to be paid to the First National Bank of Arlington, Texas. The judgment is therefore affirmed except as to the part awarding such attorneys’ fees, which part is reversed, and the cause remanded with directions that such attorneys’ fees to the extent that they are payable out of any part of the fund impressed with the Federal tax lien be disallowed. The costs of appeal are taxed against the appellant, Commercial Standard Insurance Company.

Affirmed in part and in part reversed and remanded with directions.

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PER CURIAM.

Disposition of this appeal has been held in abeyance awaiting the decision of the Supreme Court in United States v. R. F. Ball Construction Co., 355 U.S. 587, 78 S.Ct. 442, 2 L.Ed.2d 510. The judgment of the District Court, whose opinion in the present case is reported in 146 F.Supp. 919, is in accord with that decision, except as to the award by the District Court out of the funds of attorneys’ fees to be paid to the First National Bank of Arlington, Texas. The judgment is therefore affirmed except as to the part awarding such attorneys’ fees, which part is reversed, and the cause remanded with directions that such attorneys’ fees to the extent that they are payable out of any part of the fund impressed with the Federal tax lien be disallowed. The costs of appeal are taxed against the appellant, Commercial Standard Insurance Company.

Affirmed in part and in part reversed and remanded with directions.

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254 F.2d 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commercial-standard-insurance-v-campbell-ca5-1958.

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