Joe W. Preston, Appellant v. Bennie Leto, Appellee, 185 F.2d 1022 (5th Cir. 1951)

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U.S. Court of Appeals for the Fifth Circuit - 185 F.2d 1022 (5th Cir. 1951) January 23, 1951

Appeal from the United States District Court for the Eastern District of Louisiana; J. Skelly Wright, Judge.

David H. MacHauer, New Orleans, La., for appellant.

Weldon A. Cousins, Jos. A. Fiasconaro, Jr., both of New Orleans, La., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.


On the authority of Garlin v. Currie, 5 Cir., 1950, 185 F.2d 401, the judgment is reversed and remanded for further and not inconsistent proceedings.

HOLMES, Circuit Judge.

I dissent for the reasons stated by the court in Fields v. Washington, 3 Cir., 173 F.2d 701, and by Judge Minton in his dissenting opinion in Adler v. Northern Hotel Company, 7 Cir., 175 F.2d 619, 622.