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WALLER v. PROFESSIONAL INSURANCE CORPORATION

No. 18896.

299 F.2d 193 (1962)

Charlie Ervin WALLER, Appellant, v. PROFESSIONAL INSURANCE CORPORATION, J. R. Reinhardt and J. Edwin Larson, Appellees.

United States Court of Appeals Fifth Circuit.

February 26, 1962.

Attorney(s) appearing for the Case

T. Edward Austin, Jr., Moore & Austin, Jacksonville, Fla., for appellant.

Richard W. Ervin, Atty. Gen. of Florida, James G. Mahorner, Robert J. Kelly, Asst. Attys. Gen. of Florida, Dean Boggs, Boggs, Blalock & Holbrook, Jacksonville, Fla., for appellee, Professional Ins. Corp.

Before TUTTLE, Chief Judge, and JONES and WISDOM, Circuit Judges.

PER CURIAM.

The individual appellees, J. R. Reinhardt and J. Edwin Larson, in their petition for rehearing raise for the first time the contention that the suit against them is barred by the Eleventh Amendment of the United States Constitution. The Eleventh Amendment provides that the jurisdiction of federal courts shall not extend to "any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State." Reinhardt is the...

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