United States v. R. H. Taylor

Fifth Circuit

United States v. R. H. Taylor

336 F.2d 149, 1964 U.S. App. LEXIS 4339

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 14, 1964

Docket20516_1

StatusPublished

Cited by4 cases

This text of 336 F.2d 149 (United States v. R. H. Taylor) 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.

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United States v. R. H. Taylor, 336 F.2d 149, 1964 U.S. App. LEXIS 4339 (5th Cir. 1964).

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Opinion

HUTCHESON, Circuit Judge.

On motion for rehearing it has for the first time here been urged that this matter be remanded for trial of the issues of the finality and conclusiveness of the disputes award 1 and as to the corporate defendant the issues under their alleged defense of the Mississippi Statute of Frauds, Mississippi Code 1952, Section 264. There were pleadings to support such issues in the court below though the summary judgment was not based upon them. We are of the opinion that a remand on these issues alone is proper and that on remand such additional evidence as is necessary may be introduced.

The judgment below is REVERSED and REMANDED for proceedings not inconsistent herewith.

1

. 41 U.S.C.A. § 321.

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HUTCHESON, Circuit Judge.

On motion for rehearing it has for the first time here been urged that this matter be remanded for trial of the issues of the finality and conclusiveness of the disputes award 1 and as to the corporate defendant the issues under their alleged defense of the Mississippi Statute of Frauds, Mississippi Code 1952, Section 264. There were pleadings to support such issues in the court below though the summary judgment was not based upon them. We are of the opinion that a remand on these issues alone is proper and that on remand such additional evidence as is necessary may be introduced.

The judgment below is REVERSED and REMANDED for proceedings not inconsistent herewith.

1

. 41 U.S.C.A. § 321.

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336 F.2d 149, 1964 U.S. App. LEXIS 4339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-r-h-taylor-ca5-1964.

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