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WESTERN ELEC. CO., INC. v. MILGO ELECTRONIC CORP.

No. 76-4079.

573 F.2d 255 (1978)

WESTERN ELECTRIC COMPANY, INC., Plaintiff-Appellee, v. MILGO ELECTRONIC CORPORATION and International Communications Corporation, Defendants-Third-Party Plaintiffs-Appellants, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Third-Party Defendant.

United States Court of Appeals, Fifth Circuit.

May 19, 1978.

Attorney(s) appearing for the Case

William E. Sadowski, Miami, Fla., Jackson & Jones Law Corp., Stanley R. Jones, Tustin, Cal., for defendants-third-party plaintiffs-appellants.

Albert E. Fey, New York City, George L. Saunders, Jr., Chicago, Ill., for plaintiff-appellee.

John K. Aurell, Miami, Fla., for third-party defendant.

Before THORNBERRY, GODBOLD and FAY, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion March 6, 1978, 5 Cir., 1978, 568 F.2d 1203).

PER CURIAM:

Milgo urges that it is entitled to review under the collateral order doctrine because it is irreparably injured by possible loss of its constitutional right to jury trial. The argument runs this way. It demanded a jury trial on its counterclaims. However, those of its counterclaims which...

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