U.S. Court of Appeals for the Fifth Circuit, 1976

Goldtrap v. Conner

U.S. Court of Appeals for the Fifth Circuit · Decided April 7, 1976 · Brown, Gee, Tle, Tut

529 F.2d 1297 (Federal Reporter, Second Series)

Counsel

Robert A. Chastain, Gen. Counsel, State of Fla., Dept, of Agriculture & Consumer Services, Tallahassee, Fla., for Doyle Conner and others., Britt Whitaker, Tampa, Fla., for Jack Goldtrap., Robert L. Trohn, Lakeland, Fla., for Growers Marketing Service.

Opinion of the Court

PER CURIAM:

This case, which has been much litigated in the Florida Courts, Growers Marketing Service, Inc. v. Conner, Fla.Dist.Ct.App., 1971, 249 So.2d 486; Jack’s Fruit Co. v. Growers Marketing Service, Inc., Fla., 1972, 261 So.2d 171, makes its second appearance in this Court, Jack’s Fruit Company v. Growers Marketing Service, Inc., 5 Cir., 1973, 488 F.2d 493. The arguments conclusively show that the District Court had no jurisdiction in this case and accordingly the judgment entered is vacated and the case remand*1298ed to the District Court with direction to dismiss for want of jurisdiction.1

VACATED and REMANDED with directions to dismiss.

. With this decision falls the supersedeas bond given by the appellant as well as any other liabilities imposed by the decree now vacated.

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