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IN RE MERRIMACK MUT. FIRE INS. CO.

No. 78-3036.

587 F.2d 642 (1978)

In re MERRIMACK MUTUAL FIRE INSURANCE COMPANY, Petitioner.

United States Court of Appeals, Fifth Circuit.

On Rehearing December 21, 1978.

Attorney(s) appearing for the Case

Ross, Griggs & Harrison, Charles W. Kelly, Houston, Tex., for appellant.

Finis E. Cowan, pro se.

Butler, Binion, Rice, Cook & Knapp, Robert M. Hardy, Jr., Reynolds, Allen & Cook, Houston, Tex., for respondent.

Before GODBOLD, RONEY and RUBIN, Circuit Judges.

BY THE COURT:

IT IS ORDERED that the petition for writ of mandamus is DENIED.

ON PETITION FOR REHEARING

GODBOLD, Circuit Judge:

The petitioner seeks a writ of mandamus to compel a district judge to retain in federal district court a diversity case which he has ordered remanded to state court. We denied the petition without statement of reasons, and we now consider petitioner's application for rehearing. The record is not a model of clarity...

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