PAYNE ET AL.

v.

KOEHLER, DISTRICT DIRECTOR OF INTERNAL REVENUE

Citator

Cited By

• Williams v. Beto, 354 F.2d 698 (5th Cir. 1965)
  …the indictment. This was a matter of professional judgment, for the determination of the lawyer, here admittedly competent, in the light of his legal knowledge. Michel v. State of Louisiana, 350 U.S. 91, 76 S.Ct. 158, 100 L.Ed. 83, rehearing denied 350 U.S. 955, 76 S.Ct. 340, 100 L.Ed. 831. Kennedy v. United States, (5 Cir., 1958), 259 F. 2d 883, cert. den. 359 U.S. 994, 79 S.Ct. 1126, 3 L.Ed.2d 982. Moreover, if at that stage of Texas jurisprudence (April 12, 1962) the indictment were fatally defective it…
• Labat v. Bennett, 365 F.2d 698 (5th Cir. 1966)
  …so treated the motion to quash only as an attack on the grand jury. Labat v. State of Louisiana and Poret v. State of Louisiana, reported with and sub nom.; Michel v. State of Louisiana, 1955, 350 U.S. 91, 76 S.Ct. 158, 100 L.Ed. 83, 92, reh. denied 350 U.S. 955, 76 S.Ct. 340, 100 L.Ed. 831. In the majority opinion, the Court stated: “Neither [defendant] made any attack on the composition of the petit jury, but filed motions to quash their indictments claiming discrimination in the selection of the grand-j…

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• Ry. Express Agency, Inc. v. Leverett Ray Epperson, 240 F.2d 189 (8th Cir. 1957)
  …196, 197; St. Luke’s Hospital v. Melin, 8 Cir., 172 F. 2d 532; Chicago, St. P. M. & O. R. Co. v. Pender Drainage District, 8 Cir., 183 F. 2d 773; Payne v. Koehler, 8 Cir., 225 F. 2d 103, certiorari denied 350 U.S. 904, 76 S.Ct. 183, rehearing denied 350 U.S. 955, 76 S.Ct. 341. It has seemed to us not unreasonable to require not only that an appeal be taken within the time fixed by Rule 73(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A., but that “The notice of appeal * * * shall designate the judgm…