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CUNNINGHAM v. SECURITIES INVESTMENT CO. OF ST. LOUIS

No. 18200.

281 F.2d 439 (1960)

Mrs. Lillian Marion CUNNINGHAM, Appellant, v. SECURITIES INVESTMENT CO. OF ST. LOUIS, Appellee.

United States Court of Appeals Fifth Circuit.

August 8, 1960.

Attorney(s) appearing for the Case

Howard W. Lenfant, New Orleans, La., for appellant.

Floyd J. Reed, Jos. S. Kluchin, Jr., New Orleans, La., for appellee.

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

PER CURIAM.

In her motion for rehearing, appellant, calling attention to the statement in our opinion: "The motion was argued, whereupon plaintiff's counsel requested and received additional time to file rebuttal evidence and cross affidavits, but did not file any controversion.", challenges the emphasized words.

Conceding that the affidavits of Dr. Leckert and Mrs. Cunningham, attached to the motion for rehearing, though presented to Judge Wright in...

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