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ABOUSSIE v. ABOUSSIE

No. 29616.

446 F.2d 56 (1971)

Mitchell A. ABOUSSIE, Plaintiff-Appellant, v. Tanal A. ABOUSSIE and Camal A. Aboussie, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 10, 1971.

Attorney(s) appearing for the Case

Lonny D. Morrison, Robert K. Pace, Jack Banner, Wichita Falls, Tex., Sherrill, Pace & Rogers, Wichita Falls, Tex., of counsel, for plaintiff-appellant, Mitchell A. Aboussie.

Milton Zacharias, Wichita, Kan., Clyde Fillmore, Wichita Falls, Tex., Fillmore, Lambert, Farabee & Purtle, Wichita Falls, Tex., of counsel, for defendants-appellees.

Before COLEMAN, AINSWORTH and GODBOLD, Circuit Judges.

ON PETITION FOR REHEARING

GODBOLD, Circuit Judge:

In their petition for rehearing the defendants point out an error in our opinion which requires us to make a different disposition of the contract claim. We stated that the court erroneously granted a judgment n/o/v for the defendants, and we held that the plaintiff was entitled to entry of judgment on the jury verdict. In fact, the court granted defendants' motion for judgment on the verdict.

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