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Garlin v. Currie

Garlin v. Currie, 185 F.2d 401 (5th Cir. 1950)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
November 28, 1950
Docket
No. 13138_1
Judges
Hutcheson, McCord, Borah
Citations
185 F.2d 4011950 WL 6691950 U.S. App. LEXIS 3289

Opinion — Per Curiam

*402 PER CURIAM.

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 mo tu 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.

BORAH, Circuit Judge.

I dissent.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1951: 51952: 219512026peak 1951 · 5

Relies on it most ⓘ

  1. Ellis v. Lynch106 F. Supp. 100 (D.N.J. 1952)
  2. Schuman v. Greenberg100 F. Supp. 187 (D.N.J. 1951)
  3. Currie v. Flack190 F.2d 549 (1st Cir. 1951)
  4. Landes v. Barrett199 F.2d 539 (8th Cir. 1952)
  5. Preston v. Leto185 F.2d 1022 (5th Cir. 1951)
  6. Joe W. Preston v. Bennie Leto185 F.2d 1022 (5th Cir. 1951)

Most recent

  1. Landes v. Barrett199 F.2d 539 (8th Cir. 1952)
  2. Ellis v. Lynch106 F. Supp. 100 (D.N.J. 1952)
  3. Schuman v. Greenberg100 F. Supp. 187 (D.N.J. 1951)
  4. Currie v. Flack190 F.2d 549 (1st Cir. 1951)
  5. Dana v. Russo98 F. Supp. 33 (S.D. Fla. 1951)
  6. Joe W. Preston v. Bennie Leto185 F.2d 1022 (5th Cir. 1951)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Arlington, Inc. v. Mayer, 339 U.S. 965 (1950) 1
Adler v. Northern Hotel Co., 175 F.2d 619 (7th Cir. 1949) 34

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