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BERGUIDO v. EASTERN AIR LINES, INCORPORATED

No. 15156.

378 F.2d 369 (1967)

Marion J. BERGUIDO, Individually, Marion J. Berguido, Robert G. Rowe and Warren H. Woodring, Executors of the Estate of Carlos Berguido, Jr., and June Berguido, Joy Berguido, Jill Berguido and Carlos Berguido, 3d, By Their Guardian Marion J. Berguido, Appellants, v. EASTERN AIR LINES, INCORPORATED.

United States Court of Appeals Third Circuit.

Decided June 9, 1967.

Attorney(s) appearing for the Case

Seymour I. Toll, and Charles A. Lord, Philadelphia, Pa. (B. Nathaniel Richter, Arthur G. Raynes, Richter, Lord, Toll & Cavanaugh, Philadelphia, Pa., on the brief), for appellants. Truscott, Kline, O'Neill & Howson, Philadelphia, Pa., of counsel.

F. Hastings Griffin, Philadelphia, Pa. (Owen B. Rhoads, Dechert Price & Rhoads, Philadelphia, Pa., on the brief) for appellee. Daniel L. Stonebridge, John J. Martin, New York City, of counsel.

Before STALEY, Chief Judge, and BIGGS, McLAUGHLIN, KALODNER, HASTIE, FORMAN, SMITH, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

On Petition for rehearing of 3 Cir., 369 F.2d 874.

PER CURIAM:

The petition for rehearing is denied.

KALODNER, Circuit Judge (dissenting).

I would grant the petition for rehearing for these reasons:

(1) The trial court's $8300 award to the plaintiffs after it had found that they had suffered damages of $375,000 was based on fact-findings which were "clearly erroneous...

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