Opinion
No. 19139.
January 12, 1965. Rehearing Denied March 23, 1965.
Appeal from the United States District Court for the Southern District of Florida; George W. Whitehurst, Judge.
John P. Corcoran, Jr., William E. Henson, Jr., Tampa, Fla., for appellant Pedro Menendez.
William A. Gillen, Morris E. White, Fowler, White, Gillen, Humkey Trenam, Tampa, Fla., for appellee.
Before BELL, Circuit Judge, and CARSWELL, District Judge.
Judge Cameron, the third Judge constituting the Court originally hearing this case, died before rehearing. Consequently, this decision and opinion is rendered by a quorum pursuant to Title 28 U.S.C.A. § 46(c) and (d).
For the reasons given in per curiam opinion filed this date in Menendez Rodriguez v. Pan American Life Insurance Company, et al., 5 Cir., 340 F.2d 707, this case is hereby remanded to the District Court to afford the parties opportunity to be heard upon development of such record as is found necessary by the District Court for its determination of the applicability of the Act of State doctrine to this complaint.