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KING v. HILTON-DAVIS (09/19/88)

decided and filed: September 19, 1988.

KING, NAAMAN E. AND KING, MARIAN
v.
HILTON-DAVIS, A/K/A HILTON-DAVIS CHEMICAL COMPANY, A DIVISION OF STERLING DRUG, INC.; TERWIN CHEMICALS, INC.; HILTON-DAVIS GROUP AND WASHBURN POTATO COMPANY AND KEARNEY, FRANK S. SR., FRANK S. KEARNEY, SR. & SONS, HILTON-DAVIS, APPELLANT



Author: Stapleton

BEFORE: GIBBONS, Chief Judge, SEITZ, HIGGINBOTHAM, SLOVITER, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, and COWEN, Circuit Judges

SUR PETITION FOR REHEARING

Walter K. Stapleton, Circuit Judge

The petition for rehearing filed by Appellees in the above-entitled case having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.

19880919

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