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ZINNAMON ASSOCIATES v. SWAFFORD

No. 73-1984.

488 F.2d 863 (1974)

ZINNAMON ASSOCIATES et al., etc., Plaintiffs-Appellees, v. Ralph W. SWAFFORD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 31, 1974.

Attorney(s) appearing for the Case

Lee A. Chagra, El Paso, Tex., for defendant-appellant.

Morris A. Galatzan, El Paso, Tex., Albert D. Misler, Edward H. Kerman, Washington, D. C., for plaintiffs-appellees.

Before BELL, DYER and CLARK, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

PER CURIAM:

Appellant urges us to grant his petition for rehearing because, during the trial of the cause, the judge left the courtroom while testimony was being taken and thus was not present to rule on objections or hear evidence upon which the rights of the parties were determined.

A bench trial was held on August 14, 1972, with the judge present during the entire proceedings. At the...

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