J. C. Hurwitz, Julian Hurwitz, John Goldberg, and Lillian Hurwitz Goldberg, Appellants, v. United States of America, Appellee, 320 F.2d 911 (5th Cir. 1963)

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US Court of Appeals for the Fifth Circuit - 320 F.2d 911 (5th Cir. 1963) August 20, 1963
Rehearing Denied October 10, 1963

Appeal from the United States District Court for the Southern District of Texas; Joseph C. Hutcheson, Jr., Judge.

Edmund L. Cogburn, Bernard O. Dow, Houston, Tex., Dow & Dow, Harry Dow, Houston, Tex., for appellants J. C. Hurwitz, Julian Hurwitz, John Goldberg and Lillian Hurwitz Goldberg.

Michael Mulroney, Atty., Dept. of Justice, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Loring W. Post, Attys., Dept. of Justice, Washington, D. C., Woodrow B. Seals, U. S. Atty., John H. Baumgarten, Asst. U. S. Atty., Houston, Tex., for appellee.

Before TUTTLE, Chief Judge, and RIVES and MOORE,*  Circuit Judges.


We have carefully read the opinion of the District Court, 208 F. Supp. 594 (Southern District of Texas). This opinion, written by Judge Joseph C. Hutcheson, Jr., of this Court, sitting as a District Judge, carefully poses the issues and treats fully and carefully with the legal principles involved. Concluding, as we do, that the result arrived at by the District Court is correct and that the reasons assigned for reaching its conclusion persuade us of its correctness, we affirm the judgment on the opinion of the trial court. Any further or more elaborate exposition of our views would be unnecessary.

The judgment is affirmed.


Of the Second Circuit, sitting by designation