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SUN OIL CO. v. BURFORD

No. 9962.

130 F.2d 10 (1942)

SUN OIL CO. et al. v. BURFORD et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 12, 1942.

Attorney(s) appearing for the Case

J. B. Robertson and J. A. Rauhut, both of Austin, Tex., and T. L. Foster and Martin A. Row, both of Dallas, Tex., for appellants.

James P. Hart, Ed. Roy Simmons, and F. L. Kuykendall, all of Austin, Tex., for appellees.

Before HOLMES and McCORD, Circuit Judges, and DAWKINS, District Judge.

HOLMES, Circuit Judge.

Our rules do not contemplate a second petition for rehearing,1 but this one was allowed to be filed because of an alleged conflict within the circuit of decisions rendered by this court at this term.2 Although the mandate in this case has been sent down, there is no reason why it may not be recalled by the court during the same term to prevent injustice.3...

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