PAYNE, Postmaster,
v.
FITE.
PAYNE, Postmaster,
v.
FITE et al.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
November 10, 1950.
Rehearing Denied December 12, 1950.
Attorney(s) appearing for the Case
No. 13290:
Frank B. Potter, U. S. Atty., Ft. Worth, Tex., O. Morris Harrell, Asst. U. S. Atty., Dallas, Tex., Marvin C. Taylor, Atty. Dept. of Justice, H. G. Morison, Asst. Atty. Gen., both of Washington, D. C., for appellant.
Frank Cusack, Dallas, Tex., for appellee.
No. 13364:
Frank B. Potter, U. S. Atty., Ft. Worth, Tex., O. Morris Harrell, Asst. U. S. Atty., Dallas, Tex., Marvin C. Taylor, Atty. Dept. of Justice, Washington, D. C., for appellant.
Frank Cusack, Tom King and Frank H. Cathey, Jr., all of Dallas, Tex., for appellees.
Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
HUTCHESON, Chief Judge.
Grounding his claim to federal jurisdiction on Section 1339, Title 28, U.S.C.A., and on the line of cases1 holding that suit may be brought against a subordinate officer alone when the act complained of is an invasion or denial of a right of the person sued, and the decree "will not require the superior officer to take action * * *", but "will effectively grant the relief desired by expending itself on the subordinate...
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