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FLEWELLEN v. LOGAN

No. 9021.

106 F.2d 151 (1939)

FLEWELLEN et al. v. LOGAN et al.

Circuit Court of Appeals, Fifth Circuit.

August 12, 1939.

Attorney(s) appearing for the Case

W. T. Saye and J. N. Saye, both of Longview, Tex., and E. J. Fountain, of Houston, Tex., for appellants.

B. K. Goree, Geo. W. Rice, and Wm. S. Harris, all of Fort Worth, Tex., and Rhodes S. Baker, Harold F. Thompson, and Carlton R. Winn, all of Dallas, Tex., for appellees.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

PER CURIAM.

Appellants, in their motion for rehearing, complain of the statement in the opinion, "if Stanolind et al. had recovered from Logan, it is quite clear that the plaintiffs would have had no case either for forfeiture or for damages." Their complaint is that the part of the statement referring to damages is dictum and prejudicial to them in the suits for damages against Stanolind et al. they have pending in the state court. They ask that the words "either...

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