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BRUMLEY ESTATE v. IOWA BEEF PROCESSORS, INC.

No. 81-1600.

715 F.2d 996 (1983)

BRUMLEY ESTATE, et al., Plaintiffs-Appellants, v. IOWA BEEF PROCESSORS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 30, 1983.

Attorney(s) appearing for the Case

Thomas A. Graves, Mike McKool, Jr., Charles W. Cunningham, Dallas, Tex., Lucian Morehead, Plainview, Tex., for plaintiffs-appellants.

Freeman, Rothe, Freeman & Salzman, Edward W. Rothe, James T. Malysiak, Chicago, Ill., for defendant-appellee.

Before WISDOM, RUBIN and TATE, Circuit Judges.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion May 19, 1983, 5 Cir., 1983, 704 F.2d 1351)

PER CURIAM:

The application for rehearing has been carefully considered. The court has again reviewed the opinion of the Texas Supreme Court in Valley Stockyards Company v. Kinsel, 369 S.W.2d 19 (Tex.1963), and the briefs in that case. The court withdraws...

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