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MISSISSIPPI COAST MARINE, INC. v. BOSARGE

No. 78-2375.

657 F.2d 665 (1981)

MISSISSIPPI COAST MARINE, INC. and United States Fidelity & Guaranty Company, Petitioners, v. Herman E. BOSARGE and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

September 23, 1981.

Attorney(s) appearing for the Case

White & Morse, Paul M. Franke, Jr., Gulfport, Miss., for petitioners.

Hurlbert, O'Barr & O'Barr, Bobby O'Barr, Biloxi, Miss., Joshua T. Gillelan, II, Atty., U. S. Dept. of Labor, Washington, D. C., for respondents.

Before GODBOLD, Chief Judge, SIMPSON and THOMAS A. CLARK, Circuit Judges.

ON SUGGESTION FOR REHEARING EN BANC

THOMAS A. CLARK, Circuit Judge:

No member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 16), the suggestion for Rehearing En Banc is DENIED.

In its suggestion for rehearing en banc the employer properly points out that a portion of our original panel opinion appearing...

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