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GREEN v. AMERICAN TOBACCO COMPANY

No. 22435.

409 F.2d 1166 (1969)

Mary GREEN, Appellant, v. The AMERICAN TOBACCO COMPANY, Appellee. Edwin GREEN, Jr., as Administrator of the Estate of Edwin Green, deceased, Appellant, v. The AMERICAN TOBACCO COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 7, 1969.

Attorney(s) appearing for the Case

Lawrence V. Hastings, Irma Robbins Feder, Miami, Fla., for appellants.

A Lee Bradford, Miami, Fla., Edward R. Neaher, New York City, for appellee.

Before JOHN R. BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, SIMPSON and MORGAN, Circuit Judges.

ON PETITION FOR REHEARING EN BANC

PER CURIAM:

The Court sitting en banc recedes from and overrules the decision of the majority of the panel in this case.1 Both Parts I and II of the opinion are overruled by the Court. We affirm the judgments of the lower court for the reasons and upon the principles set forth in Judge Simpson's dissent, 391 F.2d at 106.

Affirmed.

COLEMAN, Circuit Judge, with whom JOHN R. BROWN...

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