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MARTIN v. THOMPSON TRACTOR COMPANY

No. 71-2957.

486 F.2d 510 (1973)

Albert MARTIN, on behalf of himself and others similarly situated, Plaintiff-Appellant, v. THOMPSON TRACTOR COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 5, 1973.

Attorney(s) appearing for the Case

U. W. Clemon, Birmingham, Ala., William Robinson, Jack Greenberg, New York City, for plaintiff-appellant.

John J. Coleman, Jr., John H. Morrow, James P. Alexander, Birmingham, Ala., for defendant-appellee.

Before TUTTLE, MORGAN and RONEY, Circuit Judges.

TUTTLE, Circuit Judge:

This Court has withheld determination of this case pending a decision by the Court sitting en banc of Brisco Huff, etc. v. N. D. Cass Company of Alabama, 485 F.2d 710 (5th Cir. September 4, 1973), which modified on rehearing the original decision in Brisco Huff, etc. v. N. D. Cass Company of Alabama, 468 F.2d 172 (5th Cir. 1972).

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