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STELLY v. EMPLOYERS NATIONAL INSURANCE COMPANY

No. 28847.

431 F.2d 1251 (1970)

Voorhies STELLY, Plaintiff-Appellant, v. EMPLOYERS NATIONAL INSURANCE COMPANY and Bauer Dredging Company, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 25, 1970.

Attorney(s) appearing for the Case

Domengeaux, Wright & Bienvenu, William P. Rutledge, Lafayette, La., for plaintiff-appellant.

Lemle, Kelleher, Kohlmeyer, Matthews & Schumacher, Maurice C. Herbert, Jr., New Orleans, La., for defendants-appellees.

Before JONES, WISDOM, and COLEMAN, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

This appeal by Voorhies Stelly against Bauer Dredging Company was scheduled to be argued on June 10, 1970. On May 15, 1970, however, this Court dismissed the appeal for lack of jurisdiction for the reason "that no application for leave to appeal was timely filed within the ten day period allowed by 28 U.S.C. § 1292 (b) from the interlocutory order of the District Court of July 31, 1969". (Emphasis added....

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