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NESMITH v. ALFORD

No. 19609.

319 F.2d 859 (1963)

Barbara A. NESMITH and Richard A. Nesmith, Appellants, v. H. D. ALFORD et al., Appellees.

United States Court of Appeals Fifth Circuit.

August 15, 1963.

Attorney(s) appearing for the Case

Benjamin E. Smith, New Orleans La., Clifford J. Durr, Montgomery, Ala., for appellants.

Calvin M. Whitesell, James J. Carter, John Peter Kohn, Jr., Ira DeMent, Hugh Maddox, Montgomery, Ala., for appellees.

On petitions for rehearing of 318 F.2d 110.

Before RIVES, CAMERON and BROWN, Circuit Judges.

PER CURIAM.

It is Ordered that the Petitions for Rehearing filed in the above entitled and numbered cause be, and the same are, hereby

Denied.

CAMERON, Circuit Judge (dissenting).

I respectfully dissent from the per curiam order denying the petitions for rehearing filed on behalf of appellees in this case. The appellees bring to our attention a decision which seems exactly in point and which was decided after this case was submitted to this...

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