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Haberman v. Equitable Life Assurance Society

United States Court of Appeals, Fifth Circuit
Sep 16, 1955
225 F.2d 837 (5th Cir. 1955)

Opinion

No. 15330.

September 16, 1955.

Fritz K. Knust and Frank M. Rosson, San Antonio, Tex., for appellant.

Garrett R. Tucker, Jr., Houston, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.


Appellant has drawn the Court's attention to an incorrect statement of fact in the last paragraph of the opinion. It was there stated that the consideration for the annuity was paid by "Mr. Gravis." This is consistent with the corrected printed record in the case. However, the original record discloses that the consideration for the annuity was paid by "Mrs. Gravis." The last paragraph of our original opinion, therefore, becomes inappropriate and inapplicable, and it is stricken.

This paragraph having been no part of the ratio decidendi and there being no merit in the motion for rehearing, the same is, therefore, Denied.


Summaries of

Haberman v. Equitable Life Assurance Society

United States Court of Appeals, Fifth Circuit
Sep 16, 1955
225 F.2d 837 (5th Cir. 1955)
Case details for

Haberman v. Equitable Life Assurance Society

Case Details

Full title:R.A. HABERMAN, Jr., Independent Executor of the Estate of Elizabeth H…

Court:United States Court of Appeals, Fifth Circuit

Date published: Sep 16, 1955

Citations

225 F.2d 837 (5th Cir. 1955)

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