Alabama Power Company, Appellant, v. Alabama Electric Cooperative, Inc., et al., Appellees, 397 F.2d 809 (5th Cir. 1968)

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US Court of Appeals for the Fifth Circuit - 397 F.2d 809 (5th Cir. 1968) July 11, 1968

Appeal from the United States District Court for the Middle District of Alabama; Frank M. Johnson, Jr., Judge.

S. Eason Balch, James H. Hancock, Birmingham, Ala., Frank H. Hawthorne, Montgomery, Ala., for appellant.

L. A. Beers, Jr., Andalusia, Ala., Alan S. Rosenthal, Washington, D. C., J. M. Williams, Jr., Montgomery, Ala., for appellees.

On petition for rehearing of 5 Cir., 394 F.2d 672 which affirmed D.C., 249 F. Supp. 855.

Before RIVES, GEWIN and GODBOLD, Circuit Judges.


The Petition for Rehearing is denied and the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it, Rule 25 (a), subpars. (a) (b), the Petition for Rehearing En Banc is also denied.

GODBOLD, Circuit Judge, dissents.