BROTHERHOOD OF LOCOMOTIVE, ETC. v. W. L. SHEPHERD LUM. CO.

No. 6078.

51 F.2d 153 (1931)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS SECURITIES CORPORATION OF NEW YORK v. W. L. SHEPHERD LUMBER CO. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 7, 1931.


Attorney(s) appearing for the Case

John F. Burket, of Sarasota, Fla., and Maxwell Brandwene, of New York City (Irvine J. Shubert, of New York City, of counsel; Szold, Perkins & Brandwene, of New York City, on the brief), for appellant.

H. F. Crenshaw, of Montgomery, Ala., H. C. Tillman, of Tampa, Fla., Whitley P. McCoy, of University, Ala., and T. M. Shackleford, Jr., of Tampa, Fla. (N. G. Robertson, of Sarasota, Fla., Shackleford, Ivy, Farrior & Shannon and Sutton, Tillman & Reeves, all of Tampa, Fla., Rushton, Crenshaw & Rushton, of Montgomery, Ala., and N. G. & John Fite Robertson, of Sarasota, Fla., on the brief), for appellees.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

This is an appeal by a single defendant from a decree rendered against this defendant and others. Appellees move to dismiss because of the failure to join the other two defendants against whom the decree ran, asserting that the decree was joint and can only be jointly appealed from, invoking the rule in Hardee v. Wilson, 146 U.S. 179, 13 S.Ct. 39, 36 L. Ed. 933; Davis v. Mercantile Trust Co.,

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