Legal Opinion
La Fever, Inc. v. All-Star Insurance Corporation, La Fever, Inc. v. Western World Insurance Company, Inc.
Court of Appeals for the Fifth Circuit
Decided April 28, 1978No. 76-2310PublishedCited by 10 opinions
1Opinion of the Court
CHARLES CLARK, Circuit Judge:
La Fever, Inc., appeals from an order denying its motion for a new trial based on the recanting affidavit of a witness. At an evidentiary hearing before the district judge who also presided over the original jury trial, the witness reaffirmed his trial testimony. The district court found that the witness had undoubtedly committed perjury. However, the court also found that the witness was wholly unworthy of belief as to any testimony or affidavit given, and therefore it could not determine which of the witness’ versions of the facts was perjurious.
La Fever…
2Cases cited8 opinions
- United States v. JohnsonSupreme Court of the United States · 1946
- Larrison v. United StatesCourt of Appeals for the Seventh Circuit · 1928
- B. H. Newman v. United StatesCourt of Appeals for the Fifth Circuit · 1956
- Martin v. United StatesCourt of Appeals for the Fifth Circuit · 1927
- English v. MattsonCourt of Appeals for the Fifth Circuit · 1954
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- LaMarca v. TurnerCourt of Appeals for the Eleventh Circuit · 1993
- State v. CaldwellSupreme Court of Minnesota · 1982
- Diaz v. Methodist HospitalCourt of Appeals for the Fifth Circuit · 1995
- Johnston v. LucasCourt of Appeals for the Fifth Circuit · 1986
- Johnston v. LucasCourt of Appeals for the Fifth Circuit · 1986
5 more not listed; retrieve them via the Exa API.