SMITHER AND COMPANY, INC. v. COLES

Attorney(s) appearing for the Case

Mr. Justin L. Edgerton, Washington, D. C., with whom Messrs. Charles E. Pledger, Jr., and Randolph C. Richardson, Washington, D. C., were on the brief, for appellant.

Mr. William E. Owen, Washington, D. C., with whom Mr. Ralph Stein, Washington, D. C., was on the brief, for appellee.

Messrs. David G. Bress and Leonard Braman, Washington, D. C. (both appointed by this Court), filed a brief as amici curiae, urging affirmance.

Mr. Paul R. Connolly, Washington, D. C., filed a brief on behalf of The Association of Casualty and Surety Companies and The American Mutual Alliance as amici curiae, urging reversal.

Before EDGERTON, Chief Judge, and PRETTYMAN, WILBUR K. MILLER, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN and BURGER, Circuit Judges, sitting en banc.