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CHALLONER v. DAY AND ZIMMERMANN, INC.

No. 74-1555.

546 F.2d 26 (1977)

Hawley K. CHALLONER et al., etc., Plaintiffs-Appellees, v. DAY AND ZIMMERMANN, INC., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 11, 1977.

Attorney(s) appearing for the Case

Norman C. Russell, Texarkana, Tex., for defendants-appellants.

Cahill Hitt, Texarkana, Tex., for plaintiffs-appellees.

Before BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.

PER CURIAM:

Our decision in this case, 512 F.2d 77, was vacated by the Supreme Court, Day and Zimmermann, Inc. v. Hawley K. Challoner, 423 U.S. 3, 96 S.Ct. 167, 46 L.Ed.2d 3 (1975).

The Supreme Court said:

"The Court of Appeals in this case should identify and follow the Texas conflicts rule. What substantive law will govern when Texas' rule is applied is a matter to be determined...

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