TABACALERA SEVERIANO JORGE, S.A., APPELLANT,
v.
STANDARD CIGAR COMPANY, APPELLEE

5th Cir. | 1962-10-17
No. 19101
311 F.2d 438 Court of Appeals for the Fifth Circuit (1962) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We conclude from a careful review of' the entire record that the District Court’s, dismissal of the complaint must be reversed for the reasons stated in our opinion of this date in the case of Menendez. Rodriguez v. Pan American Life Insurance Company (Vento Jaime v. Pan American Life Insurance Company.) 5 Cir., 311 F. 2d 429.

The residual questions of law in this-, case not specifically dealt with in our-opinion above are more properly determinable by the District Court upon full" hearing on the merits.

This cause is reversed and remanded' with directions for further proceedings, not inconsistent with our opinion in the-Rodriguez case.

Reversed and remanded for further-proceedings.

Concurrence
CAMERON, Circuit Judge,

CAMERON, Circuit Judge,

concurs in. the result.

Other
PER CURIAM.

PER CURIAM.

The factual distinctions between this case and Menendez Rodriguez v. Pan American Life Insurance Company, etc., 5 Cir., 311 F. 2d 429, referred to by appellee in its petition for rehearing do not require a different application of law. For this reason, and for the reasons stated in denial of petition for rehearing this date in the case of Menendez Rodriguez v. Pan American Life Insurance Company, etc., supra, this petition for rehearing is

Denied.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw