United States v. Las Norias Cattle Co.

Fifth Circuit

United States v. Las Norias Cattle Co.

132 F.2d 863, 1943 U.S. App. LEXIS 3980

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 26, 1943

DocketNo. 10549

StatusPublished

This text of 132 F.2d 863 (United States v. Las Norias Cattle Co.) 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

United States v. Las Norias Cattle Co., 132 F.2d 863, 1943 U.S. App. LEXIS 3980 (5th Cir. 1943).

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Opinion

PER CURIAM.

In the above numbered and entitled cause comes the appellant, The United States of America, by its counsel, Norman M. Littell, Esq., and W. C. Peticolas, Esq., and the appellees, Las Norias Cattle Company and the S. E. Newman Estate, by their counsel, T. [864]*864Hardie, Esq., .and file & joint stipulation that the judgment of the District Court in this case be reversed and the cause remanded to the District Court with instructions to enter judgment for the United States against Las Norias Cattle Co. in the amount of $1,062.52 with interest at 6 per centum per annum from June 2, 1941 (the date when the deposited amounts were withdrawn), until paid, and to enter judgment against the S. E. Newman Estate in the amount of $640 with interest at 6 per centum per annum from June 2, 1941 (the date when the deposited amount was withdrawn) until paid.

Pursuant to said stipulation, it is ordered and adjudged by this Court that the judgment of the District Court in this case be reversed and the cause remanded to the District Court with instructions to enter judgment for the United States against Las Norias Cattle Co. in the amount of $1,-062.52 with interest at 6 per centum per annum from June 2, 1941 (the date when the deposited amounts were withdrawn), until paid, and to enter judgment against the S. E. Newman Estate in the amount of $640 with interest at 6 per centum per annum from June 2, 1941 (the date when the deposited amount was withdrawn) until paid.

Amended Judgment.

On further consideration of the stipulation and amended stipulation that the judgment of the District Court in this case be reversed and the cause remanded to the District Court with instructions to enter judgment for the United States against Las Norias Cattle Co. in the amount of $1,062.52 with interest at 6 per centum per annum from June 2, 1941 (the date when the deposited amounts were withdrawn), until paid, and to enter judgment against the S. E. Newman Estate in the amount of $640 with interest at 6 per centum per annum from June 2, 1941 (the date when the deposited amount was withdrawn), until paid;

It is ordered that the judgment heretofore entered by this Court on January 26, 1943, be, and the same is hereby, amended so as to show that the parties did not agree that interest should run from June 2, 1941 (the dates when the deposited amounts were withdrawn), until paid, but that the Court so held, as a matter of law on the facts agreed to by the parties. This does not alter the effect of the judgment heretofore entered, but alters the recital therein that it was entered entirely pursuant to stipulation.

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PER CURIAM.

In the above numbered and entitled cause comes the appellant, The United States of America, by its counsel, Norman M. Littell, Esq., and W. C. Peticolas, Esq., and the appellees, Las Norias Cattle Company and the S. E. Newman Estate, by their counsel, T. [864]*864Hardie, Esq., .and file & joint stipulation that the judgment of the District Court in this case be reversed and the cause remanded to the District Court with instructions to enter judgment for the United States against Las Norias Cattle Co. in the amount of $1,062.52 with interest at 6 per centum per annum from June 2, 1941 (the date when the deposited amounts were withdrawn), until paid, and to enter judgment against the S. E. Newman Estate in the amount of $640 with interest at 6 per centum per annum from June 2, 1941 (the date when the deposited amount was withdrawn) until paid.

Pursuant to said stipulation, it is ordered and adjudged by this Court that the judgment of the District Court in this case be reversed and the cause remanded to the District Court with instructions to enter judgment for the United States against Las Norias Cattle Co. in the amount of $1,-062.52 with interest at 6 per centum per annum from June 2, 1941 (the date when the deposited amounts were withdrawn), until paid, and to enter judgment against the S. E. Newman Estate in the amount of $640 with interest at 6 per centum per annum from June 2, 1941 (the date when the deposited amount was withdrawn) until paid.

Amended Judgment.

On further consideration of the stipulation and amended stipulation that the judgment of the District Court in this case be reversed and the cause remanded to the District Court with instructions to enter judgment for the United States against Las Norias Cattle Co. in the amount of $1,062.52 with interest at 6 per centum per annum from June 2, 1941 (the date when the deposited amounts were withdrawn), until paid, and to enter judgment against the S. E. Newman Estate in the amount of $640 with interest at 6 per centum per annum from June 2, 1941 (the date when the deposited amount was withdrawn), until paid;

It is ordered that the judgment heretofore entered by this Court on January 26, 1943, be, and the same is hereby, amended so as to show that the parties did not agree that interest should run from June 2, 1941 (the dates when the deposited amounts were withdrawn), until paid, but that the Court so held, as a matter of law on the facts agreed to by the parties. This does not alter the effect of the judgment heretofore entered, but alters the recital therein that it was entered entirely pursuant to stipulation.

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Bluebook (online)

132 F.2d 863, 1943 U.S. App. LEXIS 3980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-las-norias-cattle-co-ca5-1943.