RODGERS v. UNITED STATES

No. 15175.

220 F.2d 170 (1955)

S. M. RODGERS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

March 11, 1955.


Attorney(s) appearing for the Case

G. W. Parker, Jr., A. E. Brooks, Fort Worth, Tex., for appellant.

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Special Asst. to Atty. Gen., Karl Schmeidler, Asst. to Atty. Gen., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for appellee.

Before BORAH and TUTTLE, Circuit Judges, and DAWKINS, District Judge.


PER CURIAM.

In the motion for rehearing the only points requiring comment, because all other matters were before the court on the original hearing, are the statements that this court "erred and incorrectly stated the record when it held that when appellant's wife died she left `a will which was duly executed and witnessed,'" and that there was "no evidence of any kind or character that appellant's wife left a `lawful will.'" The motion further states "there is no...

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