Opinion · Court of Appeals for the Eleventh Circuit

Williams v. City of Dothan

828 F.2d 13

Type
Opinion
Court
Court of Appeals for the Eleventh Circuit
Jurisdiction
Federal
Date
1987-09-21
Topic
antitrust

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC Before GODBOLD and HILL, Circuit Judges, and ESCHBACH*, Senior Circuit Judge. Prior Report: 818 F.2d 755. PER CURIAM: Appellees’ petition for rehearing points out a factual misstatement in the opinion of the court, which, however, does not change the result. The opinion is modified so as to delete the following language, beginning at the second line from the bottom of the right-hand column of p. 761 of 818 F.2d: Dothan listed its special assessment projects, including Project 31, in its two compliance reports filed with the district court as required by Yelverton, indicating that it knew that its obligations under the Yelverton order included paving and sewer improvements in black neighborhoods. and to substitute in its stead the following: Dothan listed paving and sewer improvements, including improvements in Black Ward I, in its two compliance reports filed with the district court as required by Yelverton, indicating that it knew that its obligations under the Yelverton order including paving and sewer improvements in black neighborhoods. In all other respects the petition for rehearing is DENIED.

Citator

UpLaw has not yet analyzed Williams v. City of Dothan. The absence of a flag is not a finding that it is good law.

Cited by
2 opinions
WILLIAMS v. CITY OF DOTHAN, ALA.,828 F.2d 13(11th Cir. 1987)
GEORGE WILLIAMS, JR., ET AL., ON BEHALF OF THEMSELVES AND ALL OTHERS
SIMILARLY SITUATED, THE FIRST BORN CHURCH OF THE LIVING GOD, ET AL.,
PLAINTIFFS-APPELLANTS, v. CITY OF DOTHAN, ALABAMA; KENNETH EVERETT, MAYOR;
COMMISSIONERS JOHN H. GLANTON, JR., RAIMON G. THOMAS, MATT BULLARD, S.A.
CHERRY, SR., AND THEIR SUCCESSORS AND AGENTS IN THEIR OFFICIAL CAPACITIES,
DEFENDANTS-APPELLEES.
No. 86-7104.
United States Court of Appeals, Eleventh Circuit.
September 21, 1987.
Lipman Weisberg, David M. Lipman and Robert E. Weisberg, Miami, Fla., Abigail Turner, Legal Services Corp. of Alabama, Mobile, Ala., and Steven D. Caley, Legal Services Corp. of Alabama, Dothan, Ala., for plaintiffs-appellants.

Buntin Cobb, P.A., T.E. Buntin, Jr. and D. Taylor Flowers, Dothan, Ala., and James R. Seale, Capell, Howard, KnabePage 14Cobbs, P.A., James Walter, Jr., Montgomery, Ala., for defendants-appellees.
Appeal from the United States District Court for the Middle District of Alabama; Robert E. Varner, Judge.
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
Before GODBOLD and HILL, Circuit Judges, and ESCHBACHfn*, Senior Circuit Judge.
PER CURIAM:
[1] Appellees' petition for rehearing points out a factual misstatement in the opinion of the court, which, however, does not change the result.

[2] The opinion is modified so as to delete the following language, beginning at the second line from the bottom of the righthand column of p. 761 of 818 F.2d:
Dothan listed its special assessment projects, including Project 31, in its two compliance reports filed with the district court as required byYelverton,indicating that it knew that its obligations under theYelvertonorder included paving and sewer improvements in black neighborhoods.


[3] and to substitute in its stead the following:
Dothan listed paving and sewer improvements, including improvements in Black Ward I, in its two compliance reports filed with the district court as required byYelverton,indicating that it knew that its obligations under theYelvertonorder including paving and sewer improvements in black neighborhoods.


[4] In all other respects the petition for rehearing is DENIED. No member of this panel nor other Judge in regular active service on the court having requested that the court be polled on rehearing en banc (Rule35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Suggestion for Rehearing En Banc is DENIED.
  1. Honorable Jesse E. Eschbach, Senior U.S. Circuit Judge for the Seventh Circuit, sitting by designation. ↩