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HARWELL v. GROWTH PROGRAMS, INC.

No. 30501.

459 F.2d 461 (1972)

Norman L. HARWELL et al., Plaintiffs-Appellants, v. GROWTH PROGRAMS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing April 11, 1972.

Attorney(s) appearing for the Case

Teairl W. Lewis, Clarence R. Boatwright, San Antonio, Tex., Fiorenzo V. Lopardo, Robert A. Hefner, Escondido, Cal., Paul Gonson, Asst. Gen. Counsel, Kathryn B. McGrath, Atty., Warren G. Stolusky, Philip A. Loomis, Jr., Gen. Counsel, David Ferber, Sol., Securities & Exchange Comm., Washington, D. C., for plaintiffs-appellants.

James D. Baskin, Jr., Lionel R. Fuller, San Antonio, Tex., Joel H. Pullen, San Antonio, Tex., Frank J. Wilson, Washington, D. C., for defendants-appellees.

Before COLEMAN, SIMPSON and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc April 11, 1972.

ON PETITIONS FOR REHEARING AND PETITIONS FOR REHEARING EN BANC

PER CURIAM:

The opinion of the Court, dated October 15, 1971, is modified by deleting therefrom the sentence [451 F.2d 240, at 247].1 If on remand the proof should show that defendants have taken actions which violate the anti-trust laws, and if, in accordance with the principles...

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