Court of Appeals for the Fifth Circuit

Abbott v. Thetford

1976 U.S. App. LEXIS 8156 · 534 F.2d 1101

July 6, 1976 · Docket No. 73-1894

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Opinion

PER CURIAM:

The majority panel opinion in this cause, 529 F.2d 695-702 is reversed, vacated and set aside. The Court en banc adopts as its opinion the dissenting opinion of Judge Gewin, 529 F.2d 702-709 [from which the syllabus paragraphs are drawn]. Accordingly the judgment of the district court, 354 F.Supp. 1280 (M.D.Ala.1973) is AFFIRMED.