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LA FEVER, INC. v. ALL-STAR INS. CORP.

No. 76-2310.

571 F.2d 1367 (1978)

LA FEVER, INC., Plaintiff-Appellant, v. ALL-STAR INSURANCE CORPORATION, Defendant-Appellee. LA FEVER, INC., Plaintiff-Appellant, v. WESTERN WORLD INSURANCE COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 28, 1978.

Attorney(s) appearing for the Case

Maurice Rosen, No. Miami Beach, Fla., for plaintiff-appellant.

George J. Baya, Miami, Fla., for defendants-appellees.

Before TUTTLE, COLEMAN, and CLARK, Circuit Judges.

CHARLES CLARK, Circuit Judge:

La Fever, Inc., appeals from an order denying its motion for a new trial based on the recanting affidavit of a witness. At an evidentiary hearing before the district judge who also presided over the original jury trial, the witness reaffirmed his trial testimony. The district court found that the witness had undoubtedly committed perjury. However, the court also found that the witness was wholly unworthy of belief as to any testimony...

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