U.S. Court of Appeals for the Fifth Circuit, 1949

Bass v. Bailey

Bass v. Bailey
U.S. Court of Appeals for the Fifth Circuit · Decided January 18, 1949 · Hutcheson, Sibley
172 F.2d 212; 1949 U.S. App. LEXIS 2671 (Federal Reporter, Second Series)

Bass v. Bailey

Opinion of the Court

SIBLEY, Circuit Judge.

This record is identical with that in Bass v. Hoagland, 5 Cir., 172 F.2d 205, this day decided, except that the plaintiff in the judgment here sued on is named Edna Pearl Bailey and the amount -she sued for and recovered in the Kansas court was $15,475. Everything we said in the opinion in Hoagland’s case exactly applies here. For the reasons therein stated the judgment appealed from is set aside and the cause remanded for further proceedings not inconsistent with the opinion of this court.

Reversed and remanded.

Dissenting Opinion

HUTCHESON, Circuit Judge,

(dissent-

ing).

I dissent for the reasons given in my disent in Bass v. Hoagland, 5 Cir., 172 F. 2d 205.

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