Tabacalera Severiano Jorge, S.A. v. Standard Cigar Company
311 F.2d 438
5th Cir.
1962
Check Treatment

*1 Corcoran, Jr., E. Hen- William P. John JORGE, TABACALERA SEVERIANO Fla., appellant. son, Tampa, for Jr., S.A., Appellant, Gillen, White, A. E. William Morris v. Humkey White, Gillen, & Tren- Fowler, STANDARD COMPANY, CIGAR Fla., am, Tampa, appellee. for Appellee. BELL, Cir- and Before CAMERON No. 19101. CARSWELL, Judges, District and cuit Judge. United Appeals States Court of Fifth Circuit. PER CURIAM. 17, Oct. 1962. from a careful review We conclude of Rehearing 20, Denied Dec. 1962. record the District entire that the complaint of the Court’s dismissal must „ our for the reasons stated in be reversed opinion of date in of Men- this the case Rodriguez v. Pan American Life

endez (Vento Company Jaime Insurance and v. Pan American Life Insurance Com- Thomas Anderson, H. Anderson & Cir., pany) 5 311 F.2d 429. Nadeau, Miami, Fla., appellant. for questions The residual of in law this Gillen, William A. Fowler, White, Gil- specifically dealt in case not opinion with our len, Humkey Trenam, & Tampa, Fla., for properly are above deter- more appellee. by upon minable the District Court full hearing on the merits. Before CAMERON BELL, and Circuit cause and This is reversed remanded Judges, CARSWELL, and Judge.. District proceedings for with directions further opinion with not inconsistent our in the PER CURIAM. Rodriguez case. We conclude from a careful review of' and Reversed for remanded further Court’s, entire the record the that District proceedings. complaint dismissal of the must be re CAMERON, Judge, Circuit concurs in versed for the reasons opin in stated our the result. ion of this date in the case of Menendez. Rodriguez v. Pan Rehearing American On Petition for Life Insur Company (Vento ance v. Jaime Pan Am BELL, Before CAMERON and Cir- Company.) Cir., erican Life Insurance 5 Judges, CARSWELL, cuit and District 311 F.2d 429. Judge. this-, questions The residual of law in PER CURIAM. specifically not case opinion dealt with our- in distinctions between this The factual properly above are more deter- Rodriguez Menendez v. Pan by case and upon minable the District Court full" Company, etc., Life Insurance American hearing on the merits. 429, by ap- Cir., F.2d referred to 5 311 This cause is reversed and remanded' rehearing petition pellee for its do in proceedings, for with directions further application require a different of not opinion with our inconsistent not in the- reason, and for law. For this the rea- Rodriguez case. petition in denial of for re- stated sons Reversed and remanded for further- hearing in the case Menendez this date of proceedings. Rodriguez Pan American Life v. Insur- etc., supra, petition Company, ance this rehearing is

for CAMERON, Judge, Circuit concurs in. the result. Denied.

439 Rehearing Petition for On BELL, Cir- and CAMERON Before CARSWELL, Judges, District and

cuit Judge.

PER CURIAM. this between The factual distinctions Rodriguez Pan v. Menendez and case etc., Company, Insurance Life American by ap- 429, Cir., F.2d referred to 311

5 rehearing petition for do pellee in its application require of law. a different

not reason, and for the reasons stat- this For rehearing petition for denial of in ed of Menendez Rod- in the case date

this riguez American Life Insurance Pan v. etc., supra, petition

Company, this for

rehearing is

Denied. SPAMPINATO,

Thomas O. Plaintiff- Appellant,

v. OF

The CITY NEW YORK and Guenther Winkler, Defendants-Appellees. E. 97,

No. Docket 27707. Appeals

United States Court of Second Circuit.

Argued 8, Nov. 1962. 4,

Decided Dec. 1962.