July 3, 1978
DAVID E. ROLF, PLAINTIFF-APPELLANT-APPELLEE
BLYTH EASTMAN DILLON & CO., INC., AKIYOSHI YAMADA AND MICHAEL STOTT, DEFENDANTS-APPELLEES-APPELLANTS
At a stated term of the United States Court of Appeals, in and for the Second Circuit, held a the United States Court House, in the City of New York, on the third day of July, one thousand nine hundred and seventy-eight.
A petition for rehearing containing a suggestion that the action be reheard en banc having been filed herein by counsel for the defendants-appellees-appellants, Blyth Eastman Dillon & Co., Inc., and Michael Stott, a poll of the judges in regular active judges having been taken and there being no majority in favor thereof,
Upon consideration thereof, it is
Ordered that said petition be and it hereby is denied.
Judges Mansfield, Mulligan, Gurfein and VanGraafeiland dissent in the denial.
IRVING R. KAUFMAN, Chiief Judge
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