Legal Opinion
Higgins, Incorporated v. Johnson L. Hale
Court of Appeals for the Fifth Circuit
Decided January 9, 1958No. 16829_1PublishedCited by 10 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
A proceeding which, with its 415 pages of printed record after nearly a week of trial below, has long since exceeded in costs and judicial energy expended the $700 difference between what was sought and obtained, comes to us with the irrepressible nostalgic hope of all proctors that we revive, today at least, the ancient pre-McAllister function of a trial de novo. It really comes to this for the burden of meeting the clearly erroneous test, McAllister v. United States, 348 U.S. 19, 75 S.Ct. 6, 99 L.Ed. 20, 1954 A.M.C. 1999, in a fact controversy of this kind, is…
2Cases cited4 opinions
- McAllister v. United StatesSupreme Court of the United States · 1954
- Roth v. BirdCourt of Appeals for the Fifth Circuit · 1956
- Bisso v. Waterways Transportation Co.Court of Appeals for the Fifth Circuit · 1956
- Roth v. BirdCourt of Appeals for the Fifth Circuit · 1956
3Cited by10 opinions
- Mrs. Mae Frances Neal, Individually and the Minors, James Neal, Jr., Etc. v. Saga Shipping Co., S.A.Court of Appeals for the Fifth Circuit · 1969
- Frank W. Cates, Cross-Appellant v. United States of America, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1971
- A. L. Holden, Doing Business Under the Name and Style of R. L. Pritchard & Company v. S. S. Kendall Fish, Her Engines, Etc.Court of Appeals for the Fifth Circuit · 1968
- Merry Manufacturing Company v. Burns Tool Company and Economy Auto Stores, Inc.Court of Appeals for the Fifth Circuit · 1964
- San Pedro Compania Armadoras, S.A. v. George Nicholas Yannacopoulos, George Nicholas Yannacopoulos v. San Pedro Compania Armadoras, S.A.Court of Appeals for the Fifth Circuit · 1966
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