HYMAN v. REGENSTEIN

No. 15105.

222 F.2d 545 (1955)

Julius HYMAN, Appellant, v. Joseph REGENSTEIN, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Granted May 27, 1955.

Appellee's Petition for Rehearing Denied June 23, 1955.


Attorney(s) appearing for the Case

Claude Pepper, Earl Faircloth, Hilton R. Carr, Jr., Herbert A. Warren, Jr., Neal P. Rutledge, Miami, Fla., for appellant.

Floyd E. Thompson, Chicago, Ill., Walter Humkey, Miami, Fla., for appellee.

Before HOLMES and BORAH, Circuit Judges.


HOLMES, Circuit Judge.

Upon reconsideration of the matter, we are not convinced of the correctness of the trial court's action in granting the summary judgment at the time and in the circumstances shown by the record. What causes us concern is appellant's contention that he has not yet been permitted to prove his case; that he was cut off by the district court from introducing all of his evidence; and that, without affording him a hearing for the presentation of such...

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