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DOWELL, INCORPORATED v. LYONS

No. 13525.

265 F.2d 521 (1959)

DOWELL, INCORPORATED, et al., Appellants, v. J. B. LYONS et al., Appellees.

United States Court of Appeals Sixth Circuit.

April 9, 1959.

Attorney(s) appearing for the Case

H. R. Wilhoit, Grayson, Ky., James H. Hanes, Tulsa, Okl., for appellant.

J. W. McKenzie, Ashland, Ky., Virgil Redwine, Sandy Hook, Ky., Eldon L. Webb, Ashland, Ky., for appellee.

Before MARTIN, Chief Judge, MILLER, Circuit Judge, and GOURLEY, District Judge.

GOURLEY, District Judge.

This is a Petition for Rehearing in which it is claimed the judgment of the District Court, which was affirmed by Order entered on the 11th day of December, 1958, was clearly erroneous and not in harmony with the opinion of this court on the former appeal. Dowell, Inc., v. Lyons, 6 Cir., 238 F.2d 633.

The action originally tried with jury was reversed by this court for error in the instructions submitted...

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