BROWN v. WATKINS MOTOR LINES, INC.

No. 76-4477.

596 F.2d 129 (1979)

William Gary BROWN, Jr., A Minor, By and Through Thomas E. Bryant, Jr., Guardian and Next Friend, Plaintiff, v. WATKINS MOTOR LINES, INC., et al., Defendants. C. R. McRAE, Appellant, v. Mrs. Ruth MAY, Guardian Ad Litem, Appellee.

United States Court of Appeals, Fifth Circuit.

June 4, 1979.


Attorney(s) appearing for the Case

Dixon L. Pyles, Jackson, Miss., for appellant.

F. Kent Stribling, Jackson, Miss., for appellee.

Before THORNBERRY, CLARK and RONEY, Circuit Judges.


CHARLES CLARK, Circuit Judge:

This appeal questions the power of a federal trial court on its own motion to adopt as the court's ward a minor represented by a duly qualified guardian, fix the compensation of the guardian's attorney, and direct his payment out of a tort judgment previously rendered by the court. We hold that, absent the presentation of some dispute, no case or controversy exists which will support such a sua sponte post-judgment assumption of...

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