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CUSHING v. MARYLAND CASUALTY COMPANY

No. 13887.

198 F.2d 1021 (1952)

Gertrude Picard CUSHING, etc., et al. v. MARYLAND CASUALTY COMPANY et al.

United States Court of Appeals Fifth Circuit.

October 9, 1952.

Attorney(s) appearing for the Case

James J. Morrison, Arthur A. de la Houssaye, Raymond H. Kierr, Gerard A. Rault, New Orleans, La., for appellants.

Eberhard P. Deutsch, Brunswick G. Deutsch, New Orleans, La., for appellees.

Before HOLMES, STRUM and RIVES, Circuit Judges.

PER CURIAM.

It is considered and ordered that the petition for rehearing herein filed, be and the same is hereby denied.

RIVES, Circuit Judge (dissenting).

A reconsideration of this case compels me to agree with the opinion of the learned district judge, Cushing v. Texas & Pacific Railway, D.C., 99 F.Supp. 681, 1951 A.M.C. 1878, Eastern District of Louisiana, that in the enactment of the Louisiana direct-action...

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