Mrs. Eloise Carter v. Mrs. Lois Croswell

Fifth Circuit

Mrs. Eloise Carter v. Mrs. Lois Croswell

325 F.2d 431, 1964 U.S. App. LEXIS 6870

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 2, 1964

Docket20259

StatusPublished

Cited by2 cases

This text of 325 F.2d 431 (Mrs. Eloise Carter v. Mrs. Lois Croswell) 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

Mrs. Eloise Carter v. Mrs. Lois Croswell, 325 F.2d 431, 1964 U.S. App. LEXIS 6870 (5th Cir. 1964).

Pincite

Opinion

PER CURIAM.

The petition for rehearing in this case informs us that prior to our decision (323 F.2d 696 (5th Cir. 1963)) the claim -of the plaintiff was settled. Our decision was based upon the representation that this was a partial appeal, because the issue of damages remained for determination by the district court. However the settlement, of which we were not made aware, left nothing pending in the district court.

We therefore grant the petition for rehearing and withdraw the previous decision. Approaching the case on the merits, we reverse the judgment of the lower court and remand the matter for trial of the issues raised by the counterclaim. Robbins v. Milner Enterprises, Inc., 278 F.2d 492 (5th Cir. 1960); Braniff v. Jackson Avenue-Gretna Ferry, Inc., 280 F.2d 523 (5th Cir. 1960); Stanley v. Guy Scroggins Const. Co., 297 F.2d 374 (5th Cir. 1961).

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The petition for rehearing in this case informs us that prior to our decision (323 F.2d 696 (5th Cir. 1963)) the claim -of the plaintiff was settled. Our decision was based upon the representation that this was a partial appeal, because the issue of damages remained for determination by the district court. However the settlement, of which we were not made aware, left nothing pending in the district court.

We therefore grant the petition for rehearing and withdraw the previous decision. Approaching the case on the merits, we reverse the judgment of the lower court and remand the matter for trial of the issues raised by the counterclaim. Robbins v. Milner Enterprises, Inc., 278 F.2d 492 (5th Cir. 1960); Braniff v. Jackson Avenue-Gretna Ferry, Inc., 280 F.2d 523 (5th Cir. 1960); Stanley v. Guy Scroggins Const. Co., 297 F.2d 374 (5th Cir. 1961).

Cite This Page — Counsel Stack

Bluebook (online)

325 F.2d 431, 1964 U.S. App. LEXIS 6870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mrs-eloise-carter-v-mrs-lois-croswell-ca5-1964.

Opinion

Related

Cite This Page — Counsel Stack