Garlin v. Currie, 13138.
| Decision Date | 28 November 1950 |
| Docket Number | No. 13138.,13138. |
| Citation | 185 F.2d 401 |
| Parties | GARLIN v. CURRIE. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Robert D. Ross, Miami, Fla., for appellant.
No counsel entered for appellee.
Before HUTCHESON, Chief Judge, and McCORD and BORAH, Circuit Judges.
The suit, brought under Section 205 of the Housing and Rent Act of 1947, 50 U. S.C.A. Appendix, § 1895, was for $840 for rent overcharges.
The district judge, "being persuaded", as he says, "by the authority of Fields v. Washington, 3 Cir., 173 F.2d 701", and noticing "ex mero motu its lack of jurisdiction", dismissed the cause because the amount in controversy was less than $3,000.
Plaintiff, appealing, is here insisting that the district judge erred. In addition to presenting supporting reasons for his view, he cites, as better reason, Adler v. Northern Hotel Co., 7 Cir., 175 F.2d 619, writ of certiorari denied, Arlington, Inc., v. Mayer, 339 U.S. 965, 70 S.Ct. 1000, and many district court cases taking a view contrary to that expressed in the Fields case.
We agree with appellant. The judgment is reversed and the cause is remanded for further and not inconsistent proceedings.
To continue reading
Request your trial
-
Currie v. Flack, 4564.
...in the majority opinion in Adler v. Northern Hotel Co., supra, which commended itself to a majority of the Fifth Circuit in Garlin v. Currie, 1950, 185 F.2d 401, and Preston v. Leto, 1951, 185 F.2d 1022; and in the opinion of Judge Nordbye in Albright v. Nelson, D.C. D.Minn.1949, 87 F.Supp.......
-
Landes v. Barrett, 14603.
...Meyercheck v. Givens, 7 Cir., 180 F.2d 221; West v. Schwarz, 7 Cir., 182 F.2d 721; Preston v. Leto, 5 Cir., 185 F.2d 1022; Garlin v. Currie, 5 Cir., 185 F.2d 401; Frasher v. Estes, D.C.W.D.Mo., 95 F.Supp. 74; Albright v. Nelson, D.C.D.Minn., 87 F. Supp. 737; Adams v. Backlund, D.C.D. Neb., ......
-
Ellis v. Lynch, Civ. A. No. 156-51.
...3 Cir., 173 F.2d 701; Currie v. Flack, 1 Cir., 190 F.2d 549. Contra: Adler v. Northern Hotel Co., 7 Cir., 175 F.2d 619; Garlin v. Currie, 5 Cir., 185 F.2d 401. The jurisdiction of the court was enlarged by the Amendments which authorized the tenant to maintain such an action "in any Federal......
-
Dana v. Russo, 3198-M-Civil.
...clause contained in § 204(f) of the Act. (1). The Court of Appeals for the Fifth Circuit by its per curiam opinion in the case of Garlin v. Currie, 185 F.2d 401, answered the first question in the negative, holding in effect that jurisdiction was conferred upon the District Court regardless......