W. M. Stephens, on Behalf of Himself and Family v. The Panhandle and Sante Fe Railway Company

U.S. Court of Appeals for the Fifth Circuit November 2, 1972

W. M. Stephens, on Behalf of Himself and Family v. The Panhandle and Sante Fe Railway Company, 463 F.2d 421 (5th Cir. 1972)

Brown, Goldberg, Morgan

070rehearing

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

PER CURIAM:

The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied..

Opinion of the Court

PER CURIAM:

The trial court correctly determined that under the facts of this case it was without jurisdiction and properly dismissed appellant’s complaint seeking damages in the District Court for the Northern District of Texas. See Andrews v. Louisville & Nashville R. Co., 406 U.S. 320, 92 S.Ct. 1562, 32 L.Ed.2d 95 (1972).

Affirmed.

Reference

Full Case Name: W. M. STEPHENS, on Behalf of Himself and Family, Plaintiff-Appellant, v. the PANHANDLE AND SANTE FE RAILWAY COMPANY Et Al., Defendants-Appellees
Status: Published