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E. H. Thornton, Jr. v. Bean Contracting Company, Inc.

E. H. THORNTON, Jr., Plaintiff-Appellee, Cross-Appellant, v. BEAN CONTRACTING COMPANY, INC., A/K/A Bean Contracting Corp., Defendant-Appellant, Cross-Appellee

E. H. Thornton, Jr. v. Bean Contracting Co., 597 F.2d 62 (5th Cir. 1979)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
June 15, 1979
Docket
No. 76-3522
Judges
Gee, Vance, Hunter
Citations
597 F.2d 621979 U.S. App. LEXIS 13942
Summary
ON PETITION FOR REHEARING

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Per Curiam

PER CURIAM:

On petition for rehearing, petitioners have urged the Court to receive and consider newly discovered evidence which they describe as:

“copies of Amended Complaint of Dragados, S.A. against Cal-Surance, Third-Party Complaint of Cal-Surance against Seller, and Counterclaim of Seller against Dragados S.A., in C.A. No. 77-4081, styled Dragados, S.A. vs. Cal-Surance Overseas Agency, Inc., et al., in the United States District Court for the Central District of California.”

This evidence was not in existence when the case was tried and was not discovered by plaintiff-appellee or his attorney until April 20, 1979. Movant’s request that this new evidence be received, filed and considered in connection with his petition for Panel Rehearing is granted.

This statement on page 1289 of this Court’s opinion of April 11, 1979, 592 F.2d 1287 , is to the effect that Dragados “released its claim to the insurance proceeds” is withdrawn in light of the litigation in California. Otherwise, IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby DENIED.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1982: 11987: 12001: 12019: 119822026peak 1982 · 1

Relies on it most ⓘ

  1. National Labor Relations Board v. L. B. Priester & Son, Inc.669 F.2d 355 (5th Cir. 1982)
  2. Paul S. Meisler v. Jacqueline A. Smith and Clarence E. Smith814 F.2d 1075 (5th Cir. 1987)
  3. Breck Construction v. Air Liquide AmericaNo. 00-20586 (5th Cir. Nov. 21, 2001)
  4. Reel Pipe, LLC v. USA Comserv, Inc.No. 2:18-cv-06646 (E.D. La. Dec. 9, 2019)

Most recent

  1. Reel Pipe, LLC v. USA Comserv, Inc.No. 2:18-cv-06646 (E.D. La. Dec. 9, 2019)
  2. Breck Construction v. Air Liquide AmericaNo. 00-20586 (5th Cir. Nov. 21, 2001)
  3. Paul S. Meisler v. Jacqueline A. Smith and Clarence E. Smith814 F.2d 1075 (5th Cir. 1987)
  4. National Labor Relations Board v. L. B. Priester & Son, Inc.669 F.2d 355 (5th Cir. 1982)

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 1

DepthCaseCited by
E. H. Thornton, Jr. v. Bean Contracting Co., 592 F.2d 1287 (5th Cir. 1979) 29

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