SPIESS v. ITOH & CO. (AMERICA), INC.

No. 79-2382.

664 F.2d 480 (1981)

Michael E. SPIESS, Jack K. Hardy and Benjamin F. Rountree, Plaintiffs-Appellees, v. C. ITOH & COMPANY (AMERICA), INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

Certiorari Dismissed January 5, 1982.


Attorney(s) appearing for the Case

Fulbright & Jaworski, Joe P. Martin, Neil Martin, Nancy Morrison O'Connor, Houston, Tex., for defendant-appellant.

Porter & Clements, Edward John O'Neill, Jr., Charles E. Humphrey, Jr., Houston, Tex., for plaintiffs-appellees.

Lutz Alexander Prager, E.E.O.C., Washington, D. C., for amicus curiae.

Before BROWN, AINSWORTH, CHARLES CLARK, GEE, RUBIN, GARZA, REAVLEY, POLITZ, RANDALL, TATE, SAM D. JOHNSON, WILLIAMS and GARWOOD, Circuit Judges.


Certiorari Dismissed January 5, 1982. See 102 S.Ct. 984.

BY THE COURT:

In light of the grant of certiorari by the Supreme Court of the United States in Avigliano v. Sumitomo Shoji America, Inc., ___ U.S. ___, 102 S.Ct. 501, 70 L.Ed.2d 377, and Sumitomo Shoji America, Inc. v. Avigliano, ___ U.S. ___, 102 S.Ct. 1420, 71 L.Ed.2d 644, it is ordered that the order of this court requiring the above styled cause to be reheard en banc,

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