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LOWMAN v. FALSETTI

No. 20471.

335 F.2d 632 (1964)

Stella Marie LOWMAN and her husband, Lawrence Gilbert Lowman, et al., Appellants, v. Louie A. FALSETTI, Successor Administrator with Will Annexed in the Estate of B. F. Guido, Deceased, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 2, 1964.

Attorney(s) appearing for the Case

Glenn Barber, Jasper, Tex., D. E. Suhr, Houston, Tex., Barber & Seale, Jasper, Tex., Bryan, Suhr & Bering, Houston, Tex., for appellants.

Willard B. Wagner, Jr., Erwin, Wagner & Hodson, Fred W. Hodson, Jr., Houston, Tex., for defendants-appellants Stella Marie Lowman and her husband Lawrence Gilbert Lowman.

William VanDercreek, Cecil L. Woodgate, Woodgate & Richards, Dallas, Tex., for appellees.

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

GEWIN, Circuit Judge.

This appeal requires us to determine the validity of a Texas State Court judgment which was successfully attacked by plaintiffs Falsetti (appellees) in a collateral proceeding brought in the United States District Court for the Northern District of Texas. The District Court concluded as a matter of law that the judgment of the State District Court was void and subject to collateral attack. Falsetti v. Indiana Oil Purchasing Co.,

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