Keilbar v. United States

Decision Date02 October 1944
Docket NumberNo. 11140.,11140.
Citation144 F.2d 866
PartiesMax Hermann KEILBAR, Appellant, v. UNITED STATES of America, Appellee.
CourtU.S. Court of Appeals — Fifth Circuit

E. M. Grimes, of Taylor, Tex., for appellant.

W. R. Smith, Jr., U. S. Atty., and J. M. Burnett, Asst. U. S. Atty., both of San Antonio, Tex., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

PER CURIAM.

In the above entitled and numbered cause comes the appellant, by his counsel, E. M. Grimes, Esq., and the appellee by its counsel, W. R. Smith, Jr., Esq., United States Attorney, and J. M. Burnett, Esq., Assistant United States Attorney for the Western District of Texas, and files a joint stipulation that judgment of this Court be entered reversing the judgment of the United States District Court for the Western District of Texas in the above entitled and numbered cause, and remanding said cause to the said District Court with instructions to dismiss the complaint on its merits;

Pursuant to said stipulation, it is ordered and adjudged by this Court, that the judgment of the said District Court in this cause be, and it is hereby, reversed, and that said cause be, and it is hereby, remanded to the said District Court with instructions to dismiss the complaint on its merits.

It is further ordered that the mandate of this Court shall issue forthwith.

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2 cases
  • Ackermann v. United States
    • United States
    • U.S. Supreme Court
    • 11 Diciembre 1950
    ...further alleged that he would show that the judgment of December 7, 1943, was unlawful and erroneous by producing the record in the Keilbar case (Keilbar v. United States, 5 Cir., 144 F.2d The District Court on September 28, 1948, denied petitioner's motion to vacate the judgment of denatur......
  • Annat v. Beard, 17841
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 26 Abril 1960
    ...such a choice because hindsight seems to indicate to him that his decision not to appeal was probably wrong, considering the outcome of the Keilbar case Keilbar v. United States, 5 Cir., 144 F.2d 866. There must be an end to litigation some day, and free, calculated and deliberate choices a......

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