CITY OF NAPLES v. PREPAKT CONCRETE COMPANY

No. 73-1367.

494 F.2d 511 (1974)

CITY OF NAPLES, Plaintiff-Appellee, v. The PREPAKT CONCRETE COMPANY and American Employers' Insurance Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 23, 1974.


Attorney(s) appearing for the Case

Mark Hicks, Miami, Fla., for American Employers' Ins. Co.

John C. Ausley, Tallahassee, Fla., Leslie A. Hynes, New York City, for Prepakt Concrete Co.

Carl R. Pennington, Jr., Tallahassee, Fla., Charles K. Allan, Naples, Fla., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and CLARK, Circuit Judges.


ON PETITION FOR REHEARING

(Opinion February 22, 1974, 5 Cir., 1974, 490 F.2d 182).

GODBOLD, Circuit Judge:

The City's petition for rehearing questions the correctness of the holding that the arbitration order of the District Court for the Southern District of Florida was appealable and that the City is time-barred from now appealing therefrom. The petition relies upon Schoenamsgruber v. Hamburg American Line, ...

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