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MIZELL v. NORTH BROWARD HOSPITAL DISTRICT

No. 27488.

427 F.2d 468 (1970)

Von D. MIZELL, Plaintiff-Appellant, v. NORTH BROWARD HOSPITAL DISTRICT et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 13, 1970.

Attorney(s) appearing for the Case

Frank D. Reeves, Washington, D. C., Jack P. LaMarr, Fort Lauderdale, Fla., John B. Orr, Jr., Pompano Beach, Fla., Robert Reinstein, Philadelphia, Pa., for plaintiff-appellant; Charles L. Fishman, Washington, D. C., on the brief.

Michael Davis, Fort Lauderdale, Fla., William Dunaj, Aubrey V. Kendall, Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, Fla., McCune, Hiaasen, Crum & Ferris, Fort Lauderdale, Fla., for defendants-appellees; Watson, Hubert & Davis, Fort Lauderdale, Fla., of counsel.

Before TUTTLE, COLEMAN and SIMPSON, Circuit Judges.

Rehearing En Banc Denied July 13, 1970.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC*

TUTTLE, Circuit Judge:

It appears that, in our original opinion, we overlooked the principle of law, agreed upon by both parties, that "* * * as a matter of law, when an action is brought for both damages and equitable relief, the statute of limitations, and not laches, controls both the equitable and legal part." It...

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