ANDERSON v. TWAY

No. 9250.

143 F.2d 95 (1944)

ANDERSON v. TWAY.

Circuit Court of Appeals, Sixth Circuit.

June 12, 1944.


Attorney(s) appearing for the Case

Robert S. Marx, of Cincinnati, Ohio (Robert S. Marx, Frank E. Wood, Harry Kasfir, and Nichols, Wood, Marx & Ginter, all of Cincinnati, Ohio, on the brief), for appellant.

Charles I. Dawson, of Louisville, Ky. (Woodward, Dawson & Hobson, Charles I. Dawson, J. Verser Conner, and Joseph Selligman, all of Louisville, Ky., on the brief), for appellee.

Before HICKS, SIMONS, and McALLISTER, Circuit Judges.


SIMONS, Circuit Judge.

My brothers agree with all of the views herein expressed except in respect to the admission of certain evidence which, in my judgment, it was error to receive and so prejudicial to the cause of the receiver as to require reversal and remand of the cause to the District Court for retrial. They disagree also with the view that the newly discovered evidence submitted to the court upon petition for rehearing, had such material bearing upon the issues...

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