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CONNECTICUT MUTUAL LIFE INSURANCE COMPANY v. CARTER

No. 29435.

446 F.2d 136 (1971)

The CONNECTICUT MUTUAL LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. Lura Virginia Bickel Lee CARTER et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Certiorari Denied October 12, 1971.

Attorney(s) appearing for the Case

J. A. McClain, Jr., John F. Turbiville, Hugh N. Smith, Asst. U. S. Atty., Thomas C. MacDonald, Jr., Tampa, Fla., for defendant-appellant, Lura Virginia; Bickel Lee Carter, Shackleford, Farrior, Stallings & Evans, P. A., McClain, Turbiville & Heller, Tampa, Fla., of counsel.

William D. Ruckelshaus, L. Patrick Gray, III, Asst. Attys. Gen., John L. Briggs, U.S. Atty., Robert V. Zener and Daniel Joseph, Attys., Dept. of Justice, Washington, D. C., for the United States.

Thomas R. Allen, of Anderson & Rush, Orlando, Fla., for The Connecticut Mutual Life Ins. Co.

Before RIVES, AINSWORTH and MORGAN, Circuit Judges.

Certiorari Denied October 12, 1971. See 92 S.Ct. 104.

ON PETITION FOR REHEARING

LEWIS R. MORGAN, Circuit Judge:

We originally decided this appeal on April 7, 1971, Slip Opinion No. 29,435. However, upon further consideration, we have decided to grant the government's petition for rehearing and withdraw our initial decision. The following opinion is substituted in lieu thereof:

In this three-party contest, the mortgagor seeks to set aside...

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