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PENA v. HAMMOND

No. 12434.

172 F.2d 312 (1949)

PENA v. HAMMOND, United States Marshal, et al.

United States Court of Appeals Fifth Circuit.

February 1, 1949.

Attorney(s) appearing for the Case

Elmer T. Yates, of Brownsville, Tex., for appellant.

Brian S. Odem, U. S. Atty, and Kay M. Nolen, Asst. U. S. Atty., both of Houston, Tex., and John A. Pope, Jr., of Rio Grande City, Tex., for appellee.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was for an injunction to prevent the defendant from executing a writ of possession issued out of Pena v. Bourland, D.C., 72 F.Supp. 290, to enforce judgment rendered therein on October 6, 1947.

The claim was that the judgment was void because based on a state court judgment in cause No. 2082 on the docket of the District Court of Starr County, Texas, styled W. S. Parks v. Howard L. Bass...

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