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WHITAKER v. HARVELL-KILGORE CORPORATION

No. 27206.

424 F.2d 549 (1970)

Harold Glenn WHITAKER, Plaintiff-Appellant, v. HARVELL-KILGORE CORPORATION and Day & Zimmerman, Inc., Defendants-Appellees. Lura Madden WHITAKER, Plaintiff-Appellant, v. HARVELL-KILGORE CORPORATION and Day & Zimmerman, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 20, 1970.

Attorney(s) appearing for the Case

Mead Burns, Robert W. Beynart, Atlanta, Ga., for Harold G. Whitaker and Lura M. Whitaker.

Thomas R. Bryan, Jr., Columbus, Ga., for F. D. White, and A. J. Atkinson.

Howell Hollis, Columbus, Ga., for Harvell-Kilgore.

Edwin P. Rome, Blank, Rome, Klaus, & Comisky, Philadelphia, Pa., W. M. Page and Max R. McGlamry, Columbus, Ga., for appellees.

Before RIVES, COLEMAN and MORGAN, Circuit Judges.

ON PETITION FOR REHEARING OF 418 F.2d 1010.

PER CURIAM:

It is ordered that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby denied.

RIVES, Circuit Judge (specially concurring):

Although in agreement with the result of our original opinion, upon further consideration I disagree with our reasoning in affirming the...

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