Opinion · Court of Appeals for the Fifth Circuit

Edgar E. Whitworth, D/B/A Dinkie's Food Mart v. Dallas Perkins

Edgar E. Whitworth, D/B/A Dinkie's Food Mart v. Dall. Perkins, 576 F.2d 696 (5th Cir. 1978)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1978-07-17
Topic
litigation

PER CURIAM: The judgment of this Court reported at 559 F.2d 378 (5th Cir. 1977) has been vacated and remanded by the Supreme Court for further consideration in light of its opinion in City of Lafayette v. Louisiana Power & Light Co., -— U.S.--, 98 S.Ct. 1123, 55 L.Ed.2d 364 (1978). Upon reconsideration in light of City of Lafayette, the opinion of this Court as published is reinstated and the judgment of the district court is reversed and remanded for further proceedings consistent with our opinion and that of the Supreme Court. REVERSED AND REMANDED.

Citator

UpLaw has not yet analyzed Edgar E. Whitworth, D/B/A Dinkie's Food Mart v. Dallas Perkins. The absence of a flag is not a finding that it is good law.

Cited by
9 opinions
WHITWORTH v. PERKINS,576 F.2d 696(5th Cir. 1978)
EDGAR E. WHITWORTH, D/B/A DINKIE'S FOOD MART, PLAINTIFF-APPELLANT, v. DALLAS
PERKINS ET AL., DEFENDANTS-APPELLEES.
No. 76-1593.
United States Court of Appeals, Fifth Circuit.
July 17, 1978.
Rehearing and Rehearing En Banc Denied September 5, 1978.
William Thomas Jacks, Austin, Tex., for plaintiff-appellant.

Beverly Tarpley, Charles D. Scarborough, Abilene, Tex., for Perkins et al.

Donald Scott Thomas, Jr., Austin, Tex., for Tom Roden and Pinkie's Inc.
Appeal from the United States District Court for the Northern District of Texas; Leo Brewster, Judge.
On Remand from United States Supreme Court.
Before TUTTLE, CLARK and RONEY, Circuit Judges.
PER CURIAM:
[1] The judgment of this Court reported at559 F.2d 378(5th Cir. 1977) has been vacated and remanded by the Supreme Court for further consideration in light of its opinion inCity ofLafayette v. Louisiana Power Light Co.,___ U.S. ___,98 S.Ct. 1123,55 L.Ed.2d 364(1978).

[2] Upon reconsideration in light ofCity of Lafayette,the opinion of this Court as published is reinstated and the judgment of the district court is reversed and remanded for further proceedings consistent with our opinion and that of the Supreme Court.

[3] REVERSED AND REMANDED.Page 1084