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YOFFE v. KELLER INDUSTRIES, INC.

No. 76-2288.

582 F.2d 982 (1978)

Donald YOFFE, Plaintiff-Appellant, v. KELLER INDUSTRIES, INC., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 27, 1978.

Attorney(s) appearing for the Case

Lipkin, Stutzman, Marshall & Bohorad, Pottsville, Pa., Marc Cooper, Robyn Greene, Miami, Fla., for plaintiff-appellant.

Robert Orseck, Joel D. Eaton, Richard E. Reckson, Miami, Fla., for defendants-appellees.

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

ON PETITION FOR REHEARING

PER CURIAM:

Donald Yoffe attempted to appeal an order granting his motion for a voluntary dismissal without prejudice under F.R.Civ.P. 41(a)(2) on the condition that he pay defendants over $44,000 in costs, expenses, and reasonable attorneys' fees. The Court dismissed the appeal, 580 F.2d 126 (1978), holding under the authority of LeCompte v. Mr. Chip, Inc., 5 Cir., 1976,

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