Amalgamated Ass'n v. Southern Bus Lines
| Decision Date | 14 January 1953 |
| Docket Number | No. 13939,13940.,13939 |
| Citation | 201 F.2d 53 |
| Parties | AMALGAMATED ASS'N OF STREET, ELECTRIC RY., AND MOTOR COACH EMPLOYEES OF AMERICA, DIVISION NO. 1127, etc., et al., v. SOUTHERN BUS LINES, Inc. (two cases). |
| Court | U.S. Court of Appeals — Fifth Circuit |
Evelyn Hunt Conner, Bay St. Louis, Miss., L. Barrett Jones, Jackson, Miss., Ben Stevens, Hattiesburg, Miss., for appellants.
Robert C. Cannada, Jackson, Miss., Grove Stafford, Alexandria, La., for appellees.
Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.
When these two cases were here before, the appeals were from judgments dismissing the complaints on the merits for failure to state a cause of action.
Of the opinion that they should have been dismissed for want of jurisdiction, this court reversed the judgments and remanded the causes, with specific directions to dismiss them for want of jurisdiction.1
This time the appeals are from judgments entered not only in accordance with the law of the state as established on the former appeals, but in execution of, and in precise accord with, our mandates.
In such circumstances, unlike where judgments of reversal are general, appeals from the judgments entered on the mandates present nothing for our review. The appeals are, therefore, dismissed.2
2 28 U.S.C.A. § 2106, note 390; Merrill v. National Bank, 5 Cir., 78 F. 208, and cases cited; Singer Mfg. v. Adams, 5 Cir., 185 F. 768; Seagraves v. Wallace, 5 Cir., 69 F.2d 163, at page 164.
To continue reading
Request your trial
-
Mercer v. Theriot
...has been consistently followed in this circuit. See Davis v. United States, 5 Cir., 1957, 244 F.2d 308; Amalgamated Assn. etc., v. Southern Bus Lines, Inc., 5 Cir., 1953, 201 F.2d 53; Seagraves v. Wallace, 5 Cir., 69 F.2d But the appellant is not appealing from a decree that is in effect th......
-
Davis v. United States
...accordance with the settled law, such an appeal may not be maintained, and it is dismissed. Amalgamated Ass'n of St. Elec. Ry. & Motor Coach Emp. etc., v. Southern Bus Lines, 5 Cir., 201 F.2d 53, certiorari denied, 345 U.S. 964, 73 S.Ct. 951, 97 L.Ed. 1383; Gulf Refining Co. v. United State......
-
Hoxsey Cancer Clinic v. United States, 14870.
...HOLMES, Circuit Judge, and WRIGHT, District Judge. PER CURIAM. The appeal is dismissed on the authority of Amalgamated Ass'n, etc. v. Southern Bus Lines, 5 Cir., 201 F.2d 53, and cases cited in ...