Woodson v. McAllister

HOLMES, Circuit Judge.

We gave this case full and painstaking consideration originally, and can say nothing new in response to the petition for a rehearing. We should not write anything except for the positive and repeated assertions therein that this or that statement of the court is not supported by the record.

On page 125 of the record McAllister was asked when the operating contract ceased to receive membership fees, and he answered January 1, 1938. This was referred to by the court to illustrate that the record does not show when, if at all, the operating contract was entirely surrendered;…