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UNITED STATES FIDELITY AND GUARANTY COMPANY v. BRIAN

No. 21169.

339 F.2d 602 (1965)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. Donald R. BRIAN, Tutor of, and for the use and Benefit of his Minor Child, Nancy Brian, et al., Appellees.

United States Court of Appeals Fifth Circuit.

January 5, 1965.

Attorney(s) appearing for the Case

Breard Snellings, New Orleans, La., for appellant.

William H. McClendon, Jr., John F. Tooley, Jr., Ralph L. Kaskell, Jr., New Orleans, La., Joe Spurlock, Fort Worth, Tex., for appellees.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and McRAE, District Judge.

PER CURIAM:

In their petition for clarification and rehearing, the petitioners call to the attention of the Court that the plaintiff took no appeal from the judgment in favor of Allan Herschell Company, Inc. and Utica Mutual Insurance Company; that the order reversing the judgment and remanding "for a new trial of all the issues" should be clarified. The Court agrees with the petitioners on this point.

For purposes of clarification, therefore, the decision...

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