Ben Kanowsky, Inc., Appellant, v. John W. Arnold, Appellee, 252 F.2d 787 (5th Cir. 1958)

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US Court of Appeals for the Fifth Circuit - 252 F.2d 787 (5th Cir. 1958) March 12, 1958

Appeal from the United States District Court for the Northern District of Texas; William H. Atwell, Judge.


On order modifying opinion and denying rehearing. For former opinion see 250 F.2d 47.

G. H. Kelsoe, Jr., Dallas, Tex., for appellant.

Joe H. McCracken, III, Dallas, Tex., for appellee.

Bessie Margolin, Asst. Sol. U. S. Dept. of Labor, Washington, D. C., for amicus curiæ, James P. Mitchell, Sec. of Labor.

Before CAMERON, JONES and WISDOM, Circuit Judges.

PER CURIAM.

Upon considering the petition for rehearing, along with the brief of the Secretary of Labor filed in support thereof, it is ordered that the figure $33,125.95 in Note 7 of the opinion filed December 10, 1957, 250 F.2d 47, be and it is changed to $39,751.71; and the opinion having been so modified, it is further ordered that the petition for rehearing be, and it is denied.

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