Legal Opinion
Zinnamon Associates, Etc. v. Ralph W. Swafford
Court of Appeals for the Fifth Circuit
Decided January 31, 1974No. 73-1984PublishedCited by 2 opinions
1Opinion of the Court
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
Before BELL, DYER and CLARK, Circuit Judges.
2Per curiam
Appellant urges us to grant his petition for rehearing because, during the trial of the cause, the judge left the courtroom while testimony was being taken and thus was not present to rule on objections or hear evidence upon which the rights of the parties were determined.
A bench trial was held on August 14, 1972, with the judge present during the entire proceedings. At the conclusion of the trial the court held that the appel-lees were entitled to relief. Nevertheless, because of the…
3Cases cited4 opinions
- D. H. Overmyer Co. v. LoflinCourt of Appeals for the Fifth Circuit · 1971
- B & G Electric Company v. G. E. Bass & Company, Inc.Court of Appeals for the Fifth Circuit · 1958
- Wisconsin Barge Line, Inc. v. Coastal Marine Transport, Inc.Court of Appeals for the Fifth Circuit · 1969
- J. F. White Contracting Company v. New England Tank Industries of New Hampshire, Inc.Court of Appeals for the First Circuit · 1968
4Cited by2 opinions
- Timothy McElroy by His Legal Guardians, Thomas McElroy and Vivian McElroy v. The Firestone Tire & Rubber Company, a Foreign CorporationCourt of Appeals for the Eleventh Circuit · 1990
- Transit Authority of River City v. MontgomeryKentucky Supreme Court · 1992