R. O. De Witt v. W. H. Sorenson
This text of 290 F.2d 562 (R. O. De Witt v. W. H. Sorenson) 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.
Opinion
Appellee by his petition for rehearing and brief in support thereof claims here, for the first time, reimbursement for expenses incurred by him in the prosecution of the business of the joint adventure. Such claim is beyond the calls of the pleadings filed by appellee in the District Court and it was not urged nor considered upon submission here. It can not now be considered here, but the District Court has the authority to dispose of this claim upon its presentation there.
The petition for rehearing should be and is denied.
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290 F.2d 562, 1961 U.S. App. LEXIS 4322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-o-de-witt-v-w-h-sorenson-ca5-1961.