Delta Engineering Corp. v. Scott

Fifth Circuit

Delta Engineering Corp. v. Scott

325 F.2d 432

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 2, 1964

DocketNo. 19861

StatusPublished

This text of 325 F.2d 432 (Delta Engineering Corp. v. Scott) 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

Delta Engineering Corp. v. Scott, 325 F.2d 432 (5th Cir. 1964).

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Opinion

PER CURIAM.

The several petitions for rehearing are denied. So far as the contention by Delta Engineering Corporation (The Travelers Insurance Company) that payment to the plaintiff Scott of the judgment due by them to him and now affirmed by our opinion will render ineffectual their possible right to recover contribution or the like from Columbian Rope Company, the District Court on remand for the limited retrial shall be free to stay execution on that judgment on such terms and suitable security as required in its discretion to assure ulti- ' mate payment of the full amount of the judgment by Delta-Travelers to Scott with interest and costs. If, to preserve possible rights by Delta-Travelers against Columbian the plaintiff Scott is to be delayed in enjoying the fruits of the judgment heretofore affirmed in his favor, he is entitled to full security and protection.

Denied.

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PER CURIAM.

The several petitions for rehearing are denied. So far as the contention by Delta Engineering Corporation (The Travelers Insurance Company) that payment to the plaintiff Scott of the judgment due by them to him and now affirmed by our opinion will render ineffectual their possible right to recover contribution or the like from Columbian Rope Company, the District Court on remand for the limited retrial shall be free to stay execution on that judgment on such terms and suitable security as required in its discretion to assure ulti- ' mate payment of the full amount of the judgment by Delta-Travelers to Scott with interest and costs. If, to preserve possible rights by Delta-Travelers against Columbian the plaintiff Scott is to be delayed in enjoying the fruits of the judgment heretofore affirmed in his favor, he is entitled to full security and protection.

Denied.

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Bluebook (online)

325 F.2d 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delta-engineering-corp-v-scott-ca5-1964.