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MACHELLA v. CARDENAS

No. 80-3129.

659 F.2d 650 (1981)

John A. MACHELLA, etc., Plaintiff-Appellant, v. M. Michael CARDENAS, as Administrator of the Small Business Administration, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

October 19, 1981.

Attorney(s) appearing for the Case

Patrick D. Breeden, Robert Hugh Matthews, New Orleans, La., for plaintiff-appellant.

Susan Chalker, William Kanter, Dept. of Justice, Civ. Div. — Appellate Staff, Washington, D. C., for defendant-appellee.

Before RUBIN, RANDALL and TATE, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion August 14, 1981, 5 Cir., 1981, 653 F.2d 923)

PER CURIAM:

Machella's original brief, at page 39, questions the district court's refusal to allow Machella to add Mrs. Shaw as a plaintiff under the caption: INTERVENTION AND PROTECTION. It points out, correctly, that leave of the district court to file a new complaint was sought and that this

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