CASS v. YOUNGSTOWN SHEET AND TUBE COMPANY

No. 20592.

329 F.2d 106 (1964)

Frank W. CASS and Robert W. Strauss, Appellants, v. The YOUNGSTOWN SHEET AND TUBE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 11, 1964.


Attorney(s) appearing for the Case

William Vandercreek, William L. Richards, Dallas, Tex., for appellants.

John L. Roach, Dallas, Tex., for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and GEWIN, Circuit Judges.


HUTCHESON, Circuit Judge.

Appellants assert that the district court erred in denying Cass the right to discovery under Rule 33, F.R.Civ.P., pursuant to his motion under Rule 60 (b) F.R.Civ.P. to set aside a final judgment because of fraud.

Appellant Cass and Robert B. Payne, d/b/a Thunderbird Drilling Company, a partnership, became indebted to Youngstown. Cass and Payne argued, Cass sued Payne in the District Court of Dallas County, Texas, and Robert S. Strauss...

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