ATKINSON v. EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES

No. 74-3265.

519 F.2d 1112 (1975)

Kenneth W. "Tex" ATKINSON, Plaintiff-Appellee-Cross-Appellant, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 3, 1975.


Attorney(s) appearing for the Case

Robert P. Gaines, Pensacola, Fla., for defendant-appellant-cross-appellee.

Roderic G. Magie, W. H. F. Wiltshire, Pensacola, Fla., for plaintiff-appellee-cross-appellant.

Hal A. Davis, Quincy, Fla., for Fred Hodges, Jr.

Before GODBOLD, Circuit Judge, SKELTON, Associate Judge and GEE, Circuit Judge.


GEE, Circuit Judge:

This Florida diversity case presents for review two disparate causes of action, breach of contract and slander, connected solely by identity of parties and by their source in a common employment relationship. Appellee Kenneth W. "Tex" Atkinson (Atkinson) brought suit on both causes — and several others which succumbed to presently uncontested rulings by the court below — against his former employer, The Equitable Life Assurance Society...

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