TEXAS & N. O. R. CO. v. PHILLIPS

No. 14622.

211 F.2d 419 (1954)

TEXAS & N. O. R. CO. v. PHILLIPS.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 2, 1954.


Attorney(s) appearing for the Case

Ben White, Houston, Tex., Baker, Botts, Andrews & Parish, Houston, Tex., of counsel, for appellant.

Fred Much, Houston, Tex., for appellee.

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


HOLMES, Circuit Judge.

This is a proceeding by the trustee in bankruptcy against the Texas and New Orleans Railroad Company for specific performance of an option to purchase real property described in a lease for ten years given by the Railroad to the bankrupt. The appellant filed its motion to dismiss the petition for lack of jurisdiction. The referee denied the motion to dismiss, and the court below affirmed.

This is the second time that the parties have...

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