Legal Opinion
Ouida J. Weissinger A/K/A Ouida Boyd and Mrs. George Boyd v. United States
Court of Appeals for the Fifth Circuit
Decided March 10, 1970No. 24639PublishedCited by 75 opinions
1Opinion of the Court
GODBOLD, Circuit Judge:
The court sitting en banc recedes from and overrules the decision of the majority of the panel in this case. The judgment of affirmance is vacated, and the judgment of the lower court is reversed with direction to enter judgment for the appellant.
We base our decision on Rule 41(b), Fed.R.Civ.P. Thus we need not discuss further the other ground presented in the dissenting opinion of the writer as a member of the panel, concerning principles of res judicata apart from Rule 41(b).
In the first trial of this case, at the conclusion of the government’s evidence, the defendant…
2Cases cited9 opinions
- Costello v. United StatesSupreme Court of the United States · 1961
- Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
- Saylor v. LindsleyCourt of Appeals for the Second Circuit · 1968
- Kern v. HettingerCourt of Appeals for the Second Circuit · 1962
- Thaddeus G. Benton v. Francis M. BlairCourt of Appeals for the Fifth Circuit · 1956
4 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Manuel M. Fernandez-Montes v. Allied Pilots Association, Fred Vogel, and C.R. PatyCourt of Appeals for the Fifth Circuit · 1993
- Kaspar Wire Works, Inc. v. Leco Engineering and MacHine Inc.Court of Appeals for the Fifth Circuit · 1978
- Phillips Oil Company v. Okc CorporationCourt of Appeals for the Fifth Circuit · 1987
- Edwards v. City of HoustonCourt of Appeals for the Fifth Circuit · 1996
- La Societe Anonyme Des Parfums Le Galion v. Jean Patou, Inc. And Michael Stramiello, Jr., Collector of Customs of the Portof New YorkCourt of Appeals for the Second Circuit · 1974
70 more not listed; retrieve them via the Exa API.