The opinion
GRIFFIN B. BELL, Circuit Judge
(dissenting).
I join in the dissent of Judge RIVES with the following additional statement. My view in this case, as in Lincoln National Life Insurance Company v. Roosth, 5 Cir., 1962, 306 F.2d 110 , is based on the sufficiency of the evidence. I feel that the evidence, at least on the second hearing of this case was sufficient to make a jury issue. I felt that the evidence was insufficient in Lincoln National. The losing party there, as must be implicit here, suffered the misfortune of being caught up in the law of the case doctrine. But here that doctrine should play no part as there was sufficient additional evidence over what was presented on the first trial to take the case to the jury.