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HENSON v. FIDELITY & COLUMBIA TRUST CO.

No. 6357.

69 F.2d 778 (1934)

HENSON v. FIDELITY & COLUMBIA TRUST CO.

Circuit Court of Appeals, Sixth Circuit.

March 9, 1934.

Attorney(s) appearing for the Case

Ernest Woodward, of Louisville, Ky. (Odie Duncan and B. S. Morris, both of Henderson, Ky., and Woodward, Hamilton & Hobson, of Louisville, Ky., on the brief), for appellant.

J. C. Worsham, of Henderson, Ky. (Worsham & King, of Henderson, Ky., on the brief), for appellee.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

The petition for rehearing and its accompanying brief indicate a misunderstanding of the rationale of our decision announced December 15, 1933, 68 F.2d 144. The reasoning of the opinion is not to be construed as based upon the failure of the appellant to test his equipment by a method which has no support in scientific theory or actual practice.

The holding that the appellant was negligent, and that...

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