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U.S. Court of Appeals for the Fifth Circuit, 1970

David Rosen v. Reginald W. Godson, D/B/A Beach Tower and Franklin Nottage, the Travelers Indemnity Company, Garnishee-Appellee

David Rosen v. Reginald W. Godson, D/B/A Beach Tower and Franklin Nottage, the Travelers Indemnity Company, Garnishee-Appellee
U.S. Court of Appeals for the Fifth Circuit · Decided April 2, 1970 · Tuttle, Coleman, Simpson
428 F.2d 827; 1970 U.S. App. LEXIS 10010 (Federal Reporter, Second Series)

David Rosen v. Reginald W. Godson, D/B/A Beach Tower and Franklin Nottage, the Travelers Indemnity Company, Garnishee-Appellee

Opinion of the Court

ON PETITION FOR REHEARING OF 422 F.2d 1082 AND PETITION FOR REHEARING EN BANC

PER CURIAM:

The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en baric, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.

Dissenting Opinion

SIMPSON, Circuit Judge

(dissenting) :

For reasons stated in my original dissent, I would grant the petition for rehearing. I do not believe en banc consideration is justified in this diversity case.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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