Opinion · Court of Appeals for the Eleventh Circuit

Lattimore v. Oman Construction

Lattimore v. Oman Constr., 832 F.2d 560 (11th Cir. 1987)

Type
Opinion
Court
Court of Appeals for the Eleventh Circuit
Jurisdiction
Federal
Date
1987-11-19
Topic
bankruptcy

BY THE COURT: The judgment, 644 F.Supp. 22, is vacated and the case is remanded to the district court for reconsideration and appropriate additional findings in light of Commonwealth of Pennsylvania v. Delaware Valley Citizens Council for Clean Air, — U.S. -, 107 S.Ct. 3078, 97 L.Ed.2d 585 (1987). VACATED and REMANDED.

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Cited by
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LATTIMORE v. OMAN CONSTRUCTION,832 F.2d 560(11th Cir. 1987)
WILLIAM LATTIMORE, PLAINTIFF-APPELLEE, v. OMAN CONSTRUCTION,
DEFENDANT-APPELLANT, BILL WHITE, DEFENDANT.
No. 85-7790.
United States Court of Appeals, Eleventh Circuit.
November 19, 1987.
Charles K. Howard, Jr., Joseph M. Freeman, Elarbee, Thompson Trapnell, Atlanta,Page 561Ga., William B. Hairston, Jr., Engel, Hairston, Moses Johanson, Birmingham, Ala., for defendant-appellant.

Fletcher Farrington, Farrington Abbot, Savannah, Ga., for amici curiae, appellee.

Robert L. Wiggins, Gordon, Silberman, Wiggins Childs, Birmingham, Ala., for plaintiff-appellee.

Jack Drake, Tuscaloosa, Ala., for amici Drake, et al.

Thomas A. Warren, Tallahassee, Fla., for amici Warren, et al.

Larry Menefee, Blacksher, Menefee Stein, P.A., Birmingham, Ala., for appellees.
Appeal from the United States District Court for the Northern District of Alabama.
Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK and EDMONDSON, Circuit Judges,fn*and HENDERSON,fn**Senior Circuit Judge.
BY THE COURT:
[1] The judgment,644 F. Supp. 22, is vacated and the case is remanded to the district court for reconsideration and appropriate additional findings in light ofCommonwealth ofPennsylvania v. Delaware Valley Citizens Council for Clean Air,___ U.S. ___,107 S.Ct. 3078,97 L.Ed.2d 585(1987).

[2] VACATED and REMANDED.
  1. Judge Godbold did not participate in this case. ↩
  2. Judge Henderson has elected to participate under General Order No. 5. ↩