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HYDE CONST. CO., INC. v. KOEHRING CO.

Nos. 75-1261 and 75-1327.

551 F.2d 73 (1977)

HYDE CONSTRUCTION COMPANY, INC., Plaintiff-Appellee Cross Appellant, v. KOEHRING COMPANY, Defendant-Appellant Cross Appellee. Vardaman S. DUNN, Plaintiff-Appellant, v. KOEHRING COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 25, 1977.

Attorney(s) appearing for the Case

E. P. Lobrano, Jr., Jackson, Miss., for Koehring Co.

William E. Suddath, Jr., Vardaman S. Dunn, Jackson, Miss., for Hyde Const. Co., Inc. and Dunn.

Before GODBOLD and HILL, Circuit Judges, and SMITH, District Judge.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion February 11, 1977, 5 Cir., 1977, 546 F.2d 1193).

PER CURIAM:

Only one issue in Koehring's petition needs to be addressed. Koehring asserts that the panel opinion made a factual finding that an assignment existed from Hyde to Dunn, 546 F.2d 1193 at 1202, though no copy of such an assignment was ever found and...

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