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FURY IMPORTS, INC. v. SHAKESPEARE CO.

No. 78-2962.

631 F.2d 1189 (1980)

FURY IMPORTS, INC., a New York Corporation, Plaintiff-Appellee, v. SHAKESPEARE COMPANY, a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 3, 1980.

Attorney(s) appearing for the Case

John L. Britton, Frank J. Sinagra, Miami, Fla., Max Wildman, Chicago, Ill., Howard & Howard, James H. Geary, Kalamazoo, Mich., for defendant-appellant.

Corlett, Merritt, Killian & Mascaro, E. S. Corlett, III, Kenneth L. Ryskamp, Miami, Fla., for plaintiff-appellee.

Before RUBIN and POLITZ, Circuit Judges, and POINTER, District Judge.

ON PETITION FOR REHEARING

PER CURIAM:

The application for rehearing directs our attention to Guard-Life Corp. v. S. Parker Hardware Manufacturing Corp., 50 N.Y.2d 183, 428 N.Y.S.2d 628, 406 N.E.2d 445 (1980), a decision apparently reported after the opinion in this case was prepared, and urges that the Guard-Life opinion establishes a rule of New York law that would require a different analysis from the one...

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