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YORK-SHIPLEY, INC. v. ATLANTIC MUTUAL INSURANCE COMPANY

No. 72-2361.

476 F.2d 1283 (1973)

YORK-SHIPLEY, INC., Plaintiff-Appellee, v. ATLANTIC MUTUAL INSURANCE COMPANY et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 30, 1973.

Attorney(s) appearing for the Case

Roland R. Parent, Miami, Fla., Joseph J. Magrath, New York City, for defendants-appellants.

Adams, George & Wood, Miami, Fla., for Atlantic Mut.

Thomas J. Schulte, Suarez, Carricate & Freire, Miami, Fla., for Int'l Fwdrs.

Before BELL and THORNBERRY, Circuit Judges, and GROOMS, District Judge.

ON PETITION FOR REHEARING

PER CURIAM:

Appellee urges on petition for rehearing that it proceeded in the district court on its insurable security interest as a creditor or lien holder, U.C.C., Article 2, § 501(2),1 or in the alternative, as assignee from the buyer for the purpose of collecting the claim against the insurance company.

Our prior decision in this matter2 is premised on the...

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