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GRAINGER v. STATE SEC. LIFE INS. CO.

No. 75-3061.

563 F.2d 215 (1977)

Charles S. GRAINGER et al., Plaintiffs-Appellants, v. STATE SECURITY LIFE INSURANCE COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 17, 1977.

Attorney(s) appearing for the Case

J. Vernon Patrick, Jr., Richard North Patterson, James W. May, Birmingham, Ala., for amicus-Security & Exchange Commission.

Harvey L. Pitt, Sammy S. Knight, Securities & Exchange Commission, Washington, D. C., for plaintiffs-appellants.

John H. Morrow, Robert R. Reid, Jr., Birmingham, Ala., for L. W. Nimmo & Nimmo Associates, Inc.

George R. Stuart, III, John W. Haley, Birmingham, Ala., for State Sec., et al.

Robert J. Routier, Washington, D. C., for defendants-appellants.

Before BROWN, Chief Judge, and THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL and FAY, Circuit Judges.

BY THE COURT:

IT IS ORDERED by the court that the order entered on May 25, 1977, 5 Cir., 553 F.2d 1008, for a rehearing of this case en banc is hereby vacated, and the case is remanded to the panel.

JAMES C. HILL, Circuit Judge, dissenting.

ON PETITION FOR REHEARING

Before GODBOLD and TJOFLAT, Circuit Judges.*

PER CURIAM:

In their petition for rehearing appellees...

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