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BATTIG v. HARTFORD ACC. AND INDEM. CO.

No. 77-3325.

608 F.2d 119 (1979)

Donald Joseph BATTIG et al., Plaintiffs-Appellants, v. The HARTFORD ACCIDENT AND INDEMNITY COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 16, 1980.

Attorney(s) appearing for the Case

Walter C. Dunn, Jr., Burt W. Sperry, L. Michael Ashbrook, Monroe, La., Greenfield, Davidson, Mandelstamm & Voorhees, Robert M. Hamlett, St. Louis, Mo., for plaintiffs-appellants.

Dan E. Melichar, Alexandria, La., for Diocese of Alexandria.

Chris J. Roy, Alexandria, La., for defendants-appellees.

Before BROWN, Chief Judge, JONES and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The facts of this case are set forth in the opinion of the trial court, Battig v. Diocese of Alexandria, W.D.La.19 —. The plaintiff contends that he did not abandon his claim for breach of contract. The trial court was in the best position to determine whether this contention, made in the complaint, had been eliminated in the annealing and tempering process of its pre-trial procedure. We, therefore, cannot say it was in...

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