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VIERRA v. ALLSTATE INSURANCE COMPANY

No. 72-2727 Summary Calendar.

471 F.2d 608 (1972)

Petition of Verda Vierra For the Perpetuation of Certain Evidence. Verda VIERRA, Petitioner-Appellee, v. ALLSTATE INSURANCE COMPANY, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 13 and March 2, 1973.

Attorney(s) appearing for the Case

Royal H. Brin, Jr., Robert Keith Drummond, Dallas, Tex., for respondent-appellant.

Richard Munzinger, El Paso, Tex., for petitioner-appellee.

Alejandro Duran, Jr., El Paso, Tex., for Yassu Grier.

Before BELL, DYER and CLARK, Circuit Judges.

BY THE COURT:

This is an appeal from an order allowing perpetuation of testimony under Rule 27, F.R.Civ.Proc. The order was stayed by this court pending appeal.

The order of the district court is vacated and the cause is remanded to the district court to be reconsidered in light of two material facts which have occurred in the interim since the entry of the district court order:

(1) The affirmance of the judgment in Vierra v. Grier,

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