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BIERMAN v. TAMPA ELEC. CO.

No. 79-1647 Summary Calendar.

604 F.2d 929 (1979)

Bernie BIERMAN, Plaintiff-Appellant, v. TAMPA ELECTRIC COMPANY, and Western Continental, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 14, 1979.

Attorney(s) appearing for the Case

Montgomery, Barnett, Brown & Read, Charles A. Boggs, Edward A. Rodrigue, Jr., John C. Saunders, Jr., New Orleans, La., for plaintiff-appellant.

John W. Frost, II, Charles W. Dodson, Bartow, Fla., for defendants-appellees.

Before CLARK, GEE and FRANK M. JOHNSON, Jr., Circuit Judges.

PER CURIAM:

This lawsuit is the third of three actions concerning the same claim for relief. Plaintiff Bierman filed the first action against Tampa Electric Company [TECO] on June 21, 1973, in federal district court for the Eastern District of Louisiana. Bierman filed the second action on July 23, 1974, in the Middle District of Florida. After the first action was dismissed for lack of jurisdiction over the defendant and while an appeal from that dismissal was pending...

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