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Falcone v. Dantinne

January 6, 1970

JAMES S. FALCONE, APPELLANT
v.
RUSSELL DANTINNE ET AL., APPELLEES



Author: Stahl

Before BIGGS, FREEDMAN and STAHL, Circuit Judges.

STAHL, C. J.: It is Hereby Ordered That the opinion of this court, dated November 24, 1969, be and it is hereby amended and supplemented as follows:

On Petition for Rehearing

Appellant has renewed the request he made below for attorney's fees. The district court's opinion would indicate the request had been dropped. 288 F. Supp. at 728. Appellant asserts otherwise. We believe this matter should be disposed of by the district court on remand of the case. See Gartner v. Soloner , 384 F.2d 348 (3d Cir. 1967), cert. denied, 390 U.S. 1040 (1968). Accordingly, petition for rehearing is denied.

19700106

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