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ELBERT v. LUMBERMAN'S MUTUAL CASUALTY COMPANY

No. 14353.

202 F.2d 744 (1953)

Mrs. Florence R. ELBERT, Appellant, v. LUMBERMAN'S MUTUAL CASUALTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 17, 1953.

Attorney(s) appearing for the Case

John M. Madison, Shreveport, La., Whitfield Jack, Shreveport, La., for appellant.

H. Alva Brumfield, Jr., Baton Rouge, La., and Alvin R. Christovich, New Orleans, La., amici curiae.

Chas. L. Mayer, Shreveport, La., for appellee.

Before HUTCHESON, Chief Judge, and STRUM and RIVES, Circuit Judges.

PER CURIAM.

It is ordered that the petition for rehearing in the above entitled and numbered cause be, and it is hereby denied.

RIVES, Circuit Judge (dissenting).

On the original hearing, I had strong misgivings which were submitted to my brothers, but I was unable to crystallize my thinking clearly enough to justify a dissent. Continued consideration of the question has convinced me that there is something fundamentally wrong with our legal theories...

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