Legal Opinion · Dissent

Martinez v. Maverick County Water Control & Improvement District No. 1

Court of Appeals for the Fifth Circuit

Decided February 18, 1955No. 14891Published

1DissentDawkins, District Judge

With my approval the majority has incorporated the first portion of the opinion which I had prepared on the previous submission of this case. Further consideration has led me to the same conclusion stated in that opinion, and I must therefore disagree with the views of my brothers. The majority found it unnecessary to consider the question of jurisdiction or whether the suit was properly brought as a class action. These issues, as well as those discussed by the majority, were resolved by me in favor of the appellants, and I feel it necessary to discuss all of them in order to present my views…

2Cases cited43 opinions

  1. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  2. Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
  3. Great Lakes Dredge & Dock Co. v. HuffmanSupreme Court of the United States · 1943
  4. Alabama State Federation of Labor v. McAdorySupreme Court of the United States · 1945
  5. Aetna Casualty & Surety Co. v. QuarlesCourt of Appeals for the Fourth Circuit · 1937

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