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CASTRO CONVERTIBLE CORP. v. CASTRO

No. 78-2677.

600 F.2d 545 (1979)

CASTRO CONVERTIBLE CORPORATION, Plaintiff-Appellant, v. Julie Ann CASTRO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 9, 1979.

Attorney(s) appearing for the Case

Edward Bennett Williams, Robert L. Weinberg, John K. Villa, Washington, D. C., Steadman S. Stahl, Jr., Hollywood, Fla., Bruce R. Genderson, Washington, D. C., for plaintiff-appellant.

DiGiulian, Spellacy & Bernstein, Bruno DiGiulian, John B. DiChiara, Fort Lauderdale, Fla., for defendant-appellee.

Before AINSWORTH, GODBOLD and VANCE, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion May 31, 1979, 5 Cir., 1979, 596 F.2d 123)

GODBOLD, Circuit Judge:

Castro Convertible's motion for rehearing raises two arguments. First, that we erred in allowing the Florida trial court's denial of intervention to have res judicata effect in the federal courts because as a matter of Florida law a denial of a motion to intervene can never have the effect of an adjudication on...

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