AETNA INSURANCE COMPANY, Plaintiff,
v.
Wallis HARTSHORN, d/b/a Hartshorn Enterprises, et al., Defendants-Appellees, Claims, Inc., Defendant-Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
May 1, 1973.
May 1, 1973.
Attorney(s) appearing for the Case
Sam Gross, San Antonio, Tex., Caplan & Barsky, Detroit, Mich., for defendant-appellant.
Joel H. Klein, San Antonio, Tex., for Outlet Co.
Sylvan Alter, San Antonio, Tex., for Atlas Rand, Ampex, Trans Am.
Edward V. Dylla, San Antonio, Tex., for Greentree.
Leslie J. Bretz, San Antonio, Tex., for Monarch and Modern Elec.
Les Mendelsohn, San Antonio, Tex., for Mercury Rec.
Marvin C. Beck, San Antonio, Tex., for Sherman Elec.
Leo E. Eickhoff, Jr., Marlin L. Gilbert, San Antonio, Tex., for Bell.
John J. Clayton, San Antonio, Tex., for Barco.
Philip F. Benson, San Antonio, Tex., for Allied Rec.
Joe Warren Jones, San Antonio, Tex., for Mikado and Central Dist.
William S. Frank, Houston, Tex., for Santone Sales.
Henry Valdespino, Asst. U.S. Atty., San Antonio, Tex., for Internal Revenue.
Earle J. Cobb, Jr., San Antonio, Tex., for Hartshorn, Durflinger & J. Andrews Smith.
Edward E. DeWees, Jr., San Antonio, Tex., for Adell Corp., Les Ferguson & AVCO Broadcasting & Texas Star Broadcasting.
Richard C. Keene, San Antonio, Tex., for Aetna Ins. Co.
Before TUTTLE, WISDOM and SIMPSON, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
SIMPSON, Circuit Judge:
Because a busy district judge considered and disposed of the merits of cases which were properly before him for the single function of ruling on a Motion to Consolidate several pending actions without first affording appellant Claims, Inc. (Claims) prior notice that such disposition might take place we are constrained to reverse and remand. The due process requirements of the Fifth Amendment of notice...
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