The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 854
xv, 1025 p. ; 23 cm.View a full description of this legislative document.
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250 FEDERAL REPORTER
Appeal from the District Court of the United States for the El Paso
Division of the Western District of Texas; Thomas S. Maxey, Judge.
Suit in equity by the American Metal Company, Limited, and others,
against Eduardo Ricaud, L. C. Barlow, and Charles Hickerson. De-
cree for complainants, and defendants appeal. Reversed.
See, also, 246 U. S. 304, 38 Sup. Ct. 312, 62 L. Ed. -.
Frank E. Hunter, of El Paso, Tex., for appellants.
U. S. Goen and R. C. Walshe, both of El Paso, Tex., for appellees.
Before PARDEE and WALKER, Circuit Judges, and SPEER, Dis-
trict Judge.
PARDEE, Circuit Judge. After this case was submitted, we certi-
fied to the Supreme Court questions touching the jurisdiction of the
District Court and of the Circuit Court of Appeals, and as to the effect
of the recognition by the United States of the Carranza government
of Mexico. These questions having been answered, affirming the juris-
diction of both the District Court and the Circuit Court of Appeals
(see opinion of Mr. Justice Clarke in Eduard Ricaud, L. C. Barlow,
and Charles Hickerson v. American Metal Company, Ltd., 246 U. S.
304, 38 Sup. Ct. 312, 62 L. Ed. --), and as we find that under the evi-
dence in the record in September, 1913, Gen. Pereyra, commanding
officer of the Carranza revolutionary forces, seized the bullion involved
in this case, and afterwards sold the same to the defendant Ricaud,
who resold to the defendant Barlow, and that the proceeds of the sale
were devoted to the purchase of arms, ammunition, food, and clothing
for the troops of the said Gen. Pereyra, and that in the transaction
Gen. Pereyra represented and acted for the revolutionary government
of General Carranza, which government has since been recognized by
the United States as the de facto and de jure government of Mexico
and as we further find that under these circumstances the title asserted
by the American Metal Company in this case cannot be recognized nor
established in the courts of the United States (see No. 268, Henry A.
Oetjen v. Central Leather Co., and No. 269, Henry A. Oetjen v. Cen-
tral Leather Co., 246 U. S. 297, 38 Sup. Ct. 309, 62 L. Ed. -, recently
decided), we think it is clear the decree of the District Court was er-
roneous, and should be reversed.
It is therefore ordered and adjudged that the decree of the District
Court entered in this case be reversed, and the cause remanded, with in-
structions to enter a decree dissolving and vacating the injunction there-
in issued and dismissing the bill; all costs of the Supreme Court, this
court, and of the District Court to be paid by the American Metal
Company, Limited.
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38821/m1/869/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.