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POWELL v. ALLSTATE INS. CO.

No. 92-1937.

634 So.2d 787 (1994)

Derrick A. POWELL and Eugena Powell, Appellants, v. ALLSTATE INSURANCE COMPANY, a foreign corporation, Appellee.

District Court of Appeal of Florida, Fifth District.

March 31, 1994.

Attorney(s) appearing for the Case

Robert C. Gray of Alpizar & Gray, P.A., Palm Bay, for appellants.

Donna C. Wyatt and Laura P. Kowalczyk, of Beers, Jack, Tudhope & Wyatt, P.A., Maitland, for appellee.

ON MOTION FOR REHEARING EN BANC

PER CURIAM.

We grant appellee's motion to rehear the cause en banc, withdraw our previous opinion and substitute this opinion.

Sometime after a verdict was rendered in favor of Derrick A. Powell and Eugena Powell (who are black) a juror came forward to complain that one of the other jurors (all of the jurors were white) had told a racial joke and yet another juror had made a racial statement. The trial...

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