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21 TURTLE CREEK SQ., LTD. v. NEW YORK ST. TEACH. RETIRE. SYS.

No. 27640.

432 F.2d 64 (1970)

21 TURTLE CREEK SQUARE, LTD., Plaintiff-Appellant, v. NEW YORK STATE TEACHERS' RETIREMENT SYSTEM, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 22, 1970.

Attorney(s) appearing for the Case

David M. Thornton, Gerald G. Stamper, Tulsa, Okl., Lancaster Smith, Dallas, Tex., for plaintiff-appellant.

Henry W. Simon, Fort Worth, Tex., for defendant-appellee.

Before RIVES, GEWIN and INGRAHAM, Circuit Judges.

ON PETITION FOR REHEARING

INGRAHAM, Circuit Judge:

The court, having received a petition for rehearing in the above entitled and numbered cause and having considered the briefs of counsel filed in response thereto, modifies its opinion of May 11, 1970, by deleting the following language on page 1371 of the opinion:

"From Thornton's testimony, most favorable to 21, we must look to what Mr. Cunningham, representing FHA told him, that he could not...

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