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MARSHALL v. WESTINGHOUSE ELEC. CORP.

No. 76-3672.

582 F.2d 966 (1978)

F. Ray MARSHALL, Secretary of Labor, U.S. Department of Labor, Plaintiff-Appellant, Cross-Appellee, v. WESTINGHOUSE ELECTRIC CORPORATION et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

October 26, 1978.

Attorney(s) appearing for the Case

Marvin Tincher, Regional Atty., Nashville, Tenn., Carin Ann Clauss, Associate Sol., Alfred G. Albert, Acting Sol., Jacob I. Karro, Heidi D. Miller, Attys., U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellant, cross-appellee.

Ray C. Muller, Miami, Fla., Stuart Saltman, Pittsburgh, Pa., Herbert B. Mintz, Miami, Fla., for defendants-appellees, cross-appellants.

Before BROWN, Chief Judge, THORNBERRY and CLARK, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

PER CURIAM:

In his Petition for Rehearing and for Rehearing En Banc, Appellant urges that the prior opinion in this case, 576 F.2d 588 (5th Cir.1978), is inconsistent with the holdings of Hodgson v. First Federal Savings & Loan Assoc., 455 F.2d 818 (5th Cir. 1972), and Turner v. Texas Instruments, Inc.,

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