Mr. and Mrs. Hiram A. Matthewson, Appellants, v. Judge Leo W. Mccune, Appellee.united States of America Ex Rel. Mary v. Mitzel, Appellant, v. Judge Leo W. Mccune, Appellee.mrs. Mary v. Mitzel and Mr. and Mrs. Hiram A. Matthewson, Appellants, v. William Vanderwall et al., Appellees, 327 F.2d 1001 (5th Cir. 1964)

Annotate this Case
U.S. Court of Appeals for the Fifth Circuit - 327 F.2d 1001 (5th Cir. 1964) February 20, 1964

Appeal from the United States District Court for the Eastern District of Louisiana, Robert A. Ainsworth, Judge.


Elliot Ross Buckley, New Orleans, La., for appellants.

No. 20380:

Richard A. Thalheim, H. Charles Gaudin, Gretna, La., for appellee.

No. 20381:

Richard A. Thalheim, H. Charles Gaudin, Gretna, La., Horace G. Pepper, Baton Rouge, La., for appellees.

No. 20200:

Harry A. Burglass, Metairie, La., Richard A. Thalheim, H. Charles Gaudin, Richard A. Thalheim, Gaudin & Edwards, wards, Gretna, La., for defendant-appellee.

Before CAMERON, WISDOM and GEWIN, Circuit Judges.

PER CURIAM:

It is ordered that the petition for rehearing filed in the above entitled and numbered causes is hereby denied.

It is further ordered that the opinion filed November 27, 1963, is herewith recalled and in lieu of that opinion the following opinion is substituted:

The Court having carefully considered the record, briefs, and oral argument in these cases holds that the district court was not in error in dismissing the complaints for failure to state a claim upon which relief could be granted.

The judgment is affirmed.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.