BAKER v. MOODY

No. 14365.

204 F.2d 918 (1953)

BAKER v. MOODY et al.

United States Court of Appeals Fifth Circuit.

Petitions for Rehearing Denied July 29, 1953.


Attorney(s) appearing for the Case

Morris I. Jaffe, Corenbleth, Thuss & Jaffe, Dallas, Tex., for appellant.

Harold B. Sanders, Dallas, Tex., for appellee George Myer.

Clifford S. Dillard and Lee Shipp, Dallas, Tex., for appellee Ben E. Moody, Sr.

Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges.


HUTCHESON, Chief Judge.

This appeal from a summary judgment, entered on the motion of defendants for a judgment on the pleadings, presents the single question whether the defenses of res judicata and estoppel by former judgment were as matter of law made out on the face of the pleadings.

The appellant is here insisting that there was no basis in law or in fact for the judgment and that it must be reversed, while the appellees insist that it was soundly...

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