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ST. LOUIS v. DAVID DUFFY ET AL. (12/13/57)

December 13, 1957

ST. LOUIS, SOUTHWESTERN RAILWAY COMPANY OF TEXAS, APPELLANT,
v.
DAVID DUFFY ET AL., APPELLEES



On Appellant's Motion for Rehearing.

On November 8, 1957, we withdrew our majority opinion of September 27, 1957, in which majority opinion we had sustained appellees' motion for rehearing. By withdrawing our opinion and setting aside our judgment of affirmance of September 27, 1957, we of course made the withdrawn opinion and the judgment we set aside inoperative and of no force and effect for any purpose whatsoever. But appellant had meantime filed a motion for rehearing. Upon the withdrawal of our opinion and the setting aside of our judgment, appellant's then pending motion for rehearing also became inoperative and of no force or effect. So we did not pass on said motion one way or another, neither sustaining nor overruling it.

Also on November 8, 1957, we substituted a new majority opinion in which we again sustained appellee's motion for rehearing, and entered our judgment affirming the trial court's judgment.

On November 22, 1957, appellant duly and timely filed its motion for rehearing, designated "Appellant's Second Motion for Rehearing", directed against our substituted opinion of November 8, 1957 and the judgment of affirmance of that date.

Appellant's motion for rehearing designated "Appellant's Second Motion for Rehearing" is overruled.

19571213

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