U.S. Court of Appeals for the Fifth Circuit, 1974

Leila Mourning v. Family Publications Service, Inc.

Leila Mourning v. Family Publications Service, Inc.
U.S. Court of Appeals for the Fifth Circuit · Decided January 28, 1974 · Coleman, Per Curiam, Roney, Simpson
488 F.2d 979 (Federal Reporter, Second Series)

Counsel

L. Edward McClellan, Larry S. Stewart, Miami, Fla., Robert S. Rifkind, New York City, William S. Frates, Miami, Fla., for defendant-appellant., Philip L. Coller, Miami Beach, Fla., M. Donald Drescher, South Miami, Fla., Leonard Helfand, Legal Service, Senior Citizens, Inc., Miami Beach, Fla., for plaintiffs-appellees., Alan S. Rosenthal, Michael C. Farrar, Dept, of Justice, Washington, D. C., for amicus curiae.

Leila Mourning v. Family Publications Service, Inc.

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Opinion

PER CURIAM:

On September 27, 1971, a judgment in favor of the plaintiffs-appellees was reversed by this Court, Mourning v. Family Publications Service, Inc., 449 F.2d 235. .

On April 24, 1973, the Supreme Court of the United States reversed the judgment of this Court, Mourning v. Family Publications Service, Inc., 411 U.S. 356, 93 S.Ct. 1652, 36 L.Ed.2d 318.

The cause was remanded to this Court for further proceedings in conformity with the opinion of the Supreme Court.

Therefore, ordered.

The judgment of this Court rendered September 27, 1971, is hereby vacated and the judgment of the United States District Court from which the appeal was taken is hereby

Affirmed.

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