CLIFF, JR., INC. v. M. V. CAPTAIN WILL

No. 74-3614.

529 F.2d 1169 (1976)

CLIFF, JR., INC., Plaintiff-Appellee, v. M. V. CAPTAIN WILL et al., Defendants, Plaquemine Oil Sales, Corporation, Defendant-Appellant, Clifford Quinn, Sr., Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

April 9, 1976.


Attorney(s) appearing for the Case

James G. Burke, Jr., New Orleans, La., for defendant-appellant.

Rene S. Paysse, Robert B. Sutherlin, New Orleans, La., for Cliff, Jr., Inc.

Joe L. Horne, New Orleans, La., for Clifford Quinn, Sr.

Before WISDOM and CLARK, Circuit Judges.


ON PETITION FOR REHEARING

(Opinion 1-23-76, 5 Cir., 1976, 526 F.2d 345)

PER CURIAM:

The defendant has petitioned for a rehearing on the ground that the Court did not apply the divided damages rule of United States v. Reliable Transfer Co., 1975, 421 U.S. 397, 95 S.Ct. 1708, 44 L.Ed.2d 251. The Reliable Transfer rule is inapplicable. That rule applies only "when two...

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