Garlin v. Currie, 185 F.2d 401 (5th Cir. 1950). · Go Syfert
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Garlin v. Currie, 185 F.2d 401 (5th Cir. 1950). Cases Citing This Book View Copy Cite
8 citation events across 6 distinct courts.
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Garlin
v.
Currie
13138_1.
Court of Appeals for the Fifth Circuit.
Nov 28, 1950.
185 F.2d 401
1950 U.S. App. LEXIS 3289
1950 WL 669
Robert D. Ross, Miami, Fla., for appellant., No counsel entered for appellee.
Hutcheson, McCord, Borah.
Cited by 8 opinions  |  Published
[*402] PER CURIAM.

The suit, brought under Section 205 of •the Housing and Rent Act of 1947, 50 U. S.C.A. Appendix, § 1895, was for $840 for rent overcharges.

The district judge, “being persuaded”, as he says, “by the authority of Fields v. Washington, 3 Cir., 173 F.2d 701”, and noticing “ex mero mo tu its lack of jurisdiction”, dismissed the cause because the amount in controversy was less than $3,000.

Plaintiff, appealing, is here insisting that the district judge erred. In addition to presenting supporting reasons for his view, he cites, as better reason, Adler v. Northern Hotel Co., 7 Cir., 175 F.2d 619, writ of certiorari denied, Arlington, Inc., v. Mayer, 339 U.S. 965, 70 S.Ct. 1000, and many district court cases taking a view contrary to that expressed in the Fields case.

We agree with appellant. The judgment is reversed and the cause is remanded for further and not inconsistent proceedings.

BORAH, Circuit Judge.

I dissent.