Security State Bank of Pharr, Texas, Appellant, v. W. B. Uhlhorn, D/b/a Uhlhorn Construction Company et al., Appellees, 325 F.2d 92 (5th Cir. 1963)

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US Court of Appeals for the Fifth Circuit - 325 F.2d 92 (5th Cir. 1963) November 27, 1963
Rehearing Denied December 27, 1963

Ralph L. Alexander, Edinburg, Tex., Kelley, Looney, McLean & Littleton, Edinburg, Tex., for appellant.

Orrin W. Johnson, Harlingen, Tex., James R. Gough, Asst. U. S. Atty., Houston, Tex., Louis F. Oberdorfer, Asst. Atty. Gen., Meyer Rothwacks, Ralph A. Muoio, Lee A. Jackson, Joseph Kovner, Robert J. Golten, Attys., Dept. of Justice, Washington, D. C., Woodrow Seals, U. S. Atty., for appellee.

Before TUTTLE, Chief Judge, and BROWN and GEWIN, Circuit Judges.


We have carefully considered the contention of the appellant that House Bill No. 698, Acts of 1957, 55th Leg., page 818, chapter 348, of the State of Texas, requiring the assignment of certain contracts to be recorded in a specific manner, is unconstitutional. The relevant facts and the discussion of the constitutional issue are fully set out in the judgment of the district court in 211 F. Supp. 798. We conclude that the determination of the trial court as set forth in its opinion should be affirmed.

Approving the decision, as we do, we affirm the judgment on the reasoning contained in the opinion of the trial court.