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EMPLOYERS INS. OF WAUSAU v. TROTTER TOWING CORP.

No. 86-4790.

841 F.2d 633 (1988)

EMPLOYERS INSURANCE OF WAUSAU, Plaintiff, v. TROTTER TOWING CORP., a Corp., et al., Defendants. TROTTER TOWING CORPORATION, et al., Counter-Plaintiffs-Appellants, Cross-Appellees, v. EMPLOYERS INSURANCE OF WAUSAU, Counter-Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

April 7, 1988.

Attorney(s) appearing for the Case

Frank S. Thackston, Jr., Claude L. Stuart, III, Greenville, Miss., for appellants.

Gary T. Sacks, Joel K. Goldstein, St. Louis, Mo., Ernest Lane, III, Greenville, Miss., for appellee.

Before CLARK, Chief Judge, GEE, and RUBIN, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion Jan. 4, 1988, 5th Cir.1988, 834 F.2d 1206)

PER CURIAM:

Plaintiffs-Appellants seek rehearing on five grounds. The first is that we mistakenly held as a matter of law that the 100-mile Trading Warranty was breached without permitting them an opportunity to develop factual proof which was denied because of the district court's preliminary ruling that the automatic acquisition clause...

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