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L.A. DRAPER & SON, INC. v. WHEELABRATOR-FRYE, INC.

No. 85-7658.

821 F.2d 590 (1987)

L.A. DRAPER & SON, INC., Plaintiff-Appellant, v. WHEELABRATOR-FRYE, INC., a corporation; Hessco Industrial Supply, Inc., a corporation; Fred Z. Hester, an individual, Joseph E. O'Callaghan, an individual, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 15, 1987.

Attorney(s) appearing for the Case

Thad G. Long, Bradley, Arant, Rose & White, Jere F. White, Jr., Birmingham, Ala., for plaintiff-appellant.

L. Vastine Stabler, Jr., Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, Ala., L. Murray Alley, for Wheelabrator-Frye, Inc. & Hessco.

Ralph D. Gaines, Jr., Gaines & Cleckler, P.C., Talledega, Ala., Charlie P. Gaines, for Hester.

Before HILL and HATCHETT, Circuit Judges and THOMAS, Senior District Judge.

ON PETITION FOR REHEARING

(Opinion March 27, 1987, 11 Cir., 813 F.2d 332)

PER CURIAM:

On petition for rehearing the appellant, L.A. Draper & Sons, Inc., moves this court to clarify its disposition of the case with respect to defendant Hessco Industrial Supply, Inc., a corporation. After closely examining the record we have determined that neither the district court nor this court ever treated the claims against...

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