Richard G. King v. The California Company, Gulf Refining Company, Placid Oil Company, Texas Pacific Coal & Oil Company, and Sam Gross

CAMERON, Circuit Judge.

Following our opinion rendered in this case June 30, 1955, 5 Cir., 224 F.2d 193, appellant filed a petition for rehearing earnestly insisting that our decision was erroneous and in conflict with decisions in other reported cases, 1 chief among which was Mackey v. Sears, Roebuck & Co., 7 Cir., 1955, 218 F.2d 295. Our attention was called to the fact that the Supreme Court had granted certiorari in that case, 2 and we were asked to defer our decision on the petition for rehearing until the Supreme Court had decided it. This we have done, and now the decision of the…