Aetna Insurance Company v. Wallis Hartshorn, D/B/A Hartshorn Enterprises, Claims, Inc.

SIMPSON, Circuit Judge:

Because a busy district judge considered and disposed of the merits of cases which were properly before him for the single function of ruling on a Motion to Consolidate several pending actions without first affording appellant Claims, Inc. (Claims) prior notice that such disposition might take place we are constrained to reverse and remand. The due process requirements of the Fifth Amendment of notice and opportunity to be heard were simply ignored in the rush to take final action.

On November 1, 1969, defendant-appellee Hartshorn, d/b/a Hartshorn Enterprises, a Texas…