Texas v. Tabasco Consol. Independent School Dist.

Fifth Circuit

Texas v. Tabasco Consol. Independent School Dist.

142 F.2d 58, 1944 U.S. App. LEXIS 3252

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 2, 1944

DocketNo. 10802

StatusPublished

Cited by3 cases

This text of 142 F.2d 58 (Texas v. Tabasco Consol. Independent School Dist.) 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

Texas v. Tabasco Consol. Independent School Dist., 142 F.2d 58, 1944 U.S. App. LEXIS 3252 (5th Cir. 1944).

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Opinion

PER CURIAM.

This proceeding to compose the indebtedness of appellee produced a plan agreed to by 92% of the indebtedness, but objected to by 8% owned by the Permanent School Fund of the State of Texas. It was confirmed by the District Court. On appeal this court found nothing wrong with the plan except that the Permanent School Fund was to get settlement in cash while others in the same class were to get 4% bonds, which was held to be a discrimination. The opinion concludes: “In order that the plan may be modified in this respect, the judgment appealed from is reversed, and the cause remanded to the district court for further proceedings not inconsistent with this opinion.” Texas v. Tabasco School District, 5 Cir., 132 F.2d 62, 64, rehearing denied 5 Cir., 133 F.2d 196. In the District Court the plan was duly amended so as to give all creditors an option to receive cash or bonds. The objecting creditors sought to reopen the question of the ability of the School District to pay more. The District Court thought this court had not authorized a reconsideration of that matter and declined [59]*59to hear further evidence on it. We think the former opinion of the court dealt finally with that question, and reopened the plan for amendment for the sole purpose of removing discrimination in the mode of payment. The amendment did that.

The judgment reconfirming the plan is affirmed.

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PER CURIAM.

This proceeding to compose the indebtedness of appellee produced a plan agreed to by 92% of the indebtedness, but objected to by 8% owned by the Permanent School Fund of the State of Texas. It was confirmed by the District Court. On appeal this court found nothing wrong with the plan except that the Permanent School Fund was to get settlement in cash while others in the same class were to get 4% bonds, which was held to be a discrimination. The opinion concludes: “In order that the plan may be modified in this respect, the judgment appealed from is reversed, and the cause remanded to the district court for further proceedings not inconsistent with this opinion.” Texas v. Tabasco School District, 5 Cir., 132 F.2d 62, 64, rehearing denied 5 Cir., 133 F.2d 196. In the District Court the plan was duly amended so as to give all creditors an option to receive cash or bonds. The objecting creditors sought to reopen the question of the ability of the School District to pay more. The District Court thought this court had not authorized a reconsideration of that matter and declined [59]*59to hear further evidence on it. We think the former opinion of the court dealt finally with that question, and reopened the plan for amendment for the sole purpose of removing discrimination in the mode of payment. The amendment did that.

The judgment reconfirming the plan is affirmed.

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Bluebook (online)

142 F.2d 58, 1944 U.S. App. LEXIS 3252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-v-tabasco-consol-independent-school-dist-ca5-1944.

Opinion

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