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BURRELL v. KAISER ALUMINUM AND CHEMICAL COMPANY

No. 26893.

408 F.2d 339 (1969)

A. J. BURRELL et al., Plaintiffs-Appellants, v. KAISER ALUMINUM AND CHEMICAL COMPANY et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

February 12, 1969.

Attorney(s) appearing for the Case

Murphy Bell, Baton Rouge, La., Jack Greenberg, James M. Nabrit, III, Robert Belton, Gabrielle A. Kirk, New York City, for appellants. Albert J. Rosenthal, New York City, of counsel.

Frank W. Middleton, Jr., Baton Rouge, La., Robert P. Tiernan, Oakland, Cal., C. Paul Barker, Jerry L. Gardner, Jr., New Orleans, La., Herbert S. Thatcher, Washington, D. C., Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, La., for defendant-appellee, Kaiser Aluminum & Chemical Corp.

Before BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.

PER CURIAM:

Judicial pre-calendar screening under our new Rules 17-20 revealed that the District Court dismissed this case1 on the ground that "Dent v. St. Louis-San Francisco Railway Co., D.C., 265 F.Supp. 56 (1967) is controlling here."

Because Dent has been categorically overruled, Dent v. St. Louis-San Francisco Railway Co., 5 Cir., 1969, 406 F.2d 399

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