Hubert Wesley Driggers v. Business Men's Assurance Company of America

219 F.2d 292

Hubert Wesley DRIGGERS,

v.

BUSINESS MEN'S ASSURANCE COMPANY OF AMERICA.

No. 15160.

United States Court of Appeals, Fifth Circuit.

Jan. 28, 1955.

Rehearing Denied Feb. 24, 1955.

William D. Kimbrough, John J. Watts, Odessa, Tex., for appellant.

Ralph W. Malone, Dallas, Tex., Henry Russell, Pecos, Tex., Malone, Lipscomb & Seay, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, RIVES, Circuit Judge, and DAWKINS, District Judge.

RIVES, Circuit Judge.

1

This appeal is from a summary judgment entered in an action described by appellee as simply an attempt to retry a case finally adjudged…