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DISPOSABLE SERVICES, INC. v. ITT LIFE INS. CO.

No. 71-2258.

457 F.2d 972 (1972)

DISPOSABLE SERVICES, INC., Plaintiff-Appellee, v. ITT LIFE INSURANCE COMPANY OF NEW YORK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 13, 1972.

Attorney(s) appearing for the Case

Robert E. Venney, Gunn & Venney, Miami, Fla., for defendant-appellant.

Herbert L. Heiken, Martin Levinson, Miami, Fla., for plaintiff-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

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.1

GODBOLD, Circuit Judge (dissenting to order denying petition for rehearing):

After considering the petition for rehearing and giving further study to the record, I think the petition should be granted.

The trial judge decided the case for plaintiff on a question of law. We held...

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