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FULENWIDER v. WHEELER

No. 17878.

271 F.2d 606 (1959)

Hal FULENWIDER, Jr., and Marion Fulenwider, individually and as co-partners d/b/a Easy Glitter Wax Co., Appellants, v. Elmer WHEELER, Appellee.

United States Court of Appeals Fifth Circuit.

October 30, 1959.

Attorney(s) appearing for the Case

Walter Humkey, Phillip W. Knight, Miami, Fla., Fowler, White, Gillen, Humkey & Trenam, Miami, Fla., of counsel, for appellants.

Don G. Nicholson, Henry M. Sinclair, Miami, Fla., for appellee.

Before RIVES, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

PER CURIAM.

Upon the remand of the judgment of this Court in the prior appeal of the Fulenwiders from the judgment denying their motion to vacate the judgment in favor of Wheeler, Fulenwider v. Wheeler, 5 Cir., 262 F.2d 97, the appellants filed a second motion to vacate the judgment. This motion, filed on March 11, 1959, was predicated on the same "facts and claims" as had been asserted in the original motion. Before the entry of...

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