R. O. DE WITT, APPELLANT,
v.
W. H. SORENSON, APPELLEE

5th Cir. | 1961-06-02
No. 18514
290 F.2d 562 Court of Appeals for the Fifth Circuit (1961) Positive Treatment
Cited by 30 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellee by his petition for rehearing and brief in support thereof claims here, for the first time, reimbursement for expenses incurred by him in the prosecution of the business of the joint adventure. Such claim is beyond the calls of the pleadings filed by appellee in the District Court and it was not urged nor considered upon submission here. It can not now be considered here, but the District Court has the authority to dispose of this claim upon its presentation there.

The petition for rehearing should be and is denied.


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