United States of America and Frank Pace, Jr., Secretary of the Army, Appellants v. William C. Breedlove, Appellee, 185 F.2d 240 (5th Cir. 1950)

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U.S. Court of Appeals for the Fifth Circuit - 185 F.2d 240 (5th Cir. 1950) November 28, 1950

Appeal from the United States District Court for the Northern District of Texas; Joseph B. Dooley, Judge.

Frank B. Potter, U. S. Atty., A. W. Christian, Asst. U. S. Atty., Fort Worth, Tex., Edward J. P. Zimmerman, Sp. Asst. to Atty. Gen., for appellants.

No counsel entered for appellee.

Before HUTCHESON, Chief Judge, and McCORD and BORAH, Circuit Judges.


Since this case was decided below, the Supreme Court has, in Manning v. Seeley Tube & Box Co., 338 U.S. 561, 70 S. Ct. 386, reversed the judgment of the Court of Appeals in that case, on which the district judge relied. The judgment is therefore reversed and the cause is remanded for further and not inconsistent proceedings.