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ATKINSON v. FEDERAL DEP. INS. CORP.

No. 79-1531.

642 F.2d 145 (1981)

Gerald W. ATKINSON, Plaintiff, Susan A. Atkinson, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, etc. et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 9, 1981.

Attorney(s) appearing for the Case

Richard A. Lawrence, Montgomery, Ala., for plaintiff-appellant.

Smith, Bowman, Thagard, Crook & Culpepper, Charles M. Crook, Montgomery, Ala., for defendants-appellees.

Before VANCE, HENDERSON and THOMAS A. CLARK, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion Jan. 30, 1981, 5 Cir., 1981, 635 F.2d 508).

PER CURIAM:

Plaintiff-appellant, Susan A. Atkinson, on petition for rehearing, urges that we reconsider our remand and that we direct the district court to enter judgment in her behalf. We decline because the district court did not make a clear finding of fact that Susan A. Atkinson was the owner and sole source of the funds represented...

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