Opinion · Court of Appeals for the Eleventh Circuit

Ross v. Bank South, N.A.

Ross v. Bank S., N.A., 848 F.2d 1132 (11th Cir. 1988)

Type
Opinion
Court
Court of Appeals for the Eleventh Circuit
Jurisdiction
Federal
Date
1988-06-10
Topic
general

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING IN BANC (Opinion February 17, 1988, 11th Cir., 1988, 837 F.2d 980) Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, *1133KRAVITCH, JOHNSON, HATCHETT, CLARK and COX, Circuit Judges*. BY THE COURT: A member of this court,in active service having requested a poll on the application for rehearing in banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing in banc, IT IS ORDERED that the above causes shall be reheard by this court in banc with oral argument during the week of October 17, 1988, on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of in banc briefs. The previous panel’s opinion is hereby VACATED.

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Cited by
5 opinions
ROSS v. BANK SOUTH, N.A.,848 F.2d 1132(11th Cir. 1988)
ERNEST ROSS, INDIVIDUALLY AND AS REPRESENTATIVE OF A BONDHOLDER CLASS,
PLAINTIFF-APPELLEE, v. BANK SOUTH, N.A., ET AL., DEFENDANTS, ALSTON BIRD,
ET AL., DEFENDANTS-APPELLANTS.
GEORGE MILLER, INDIVIDUALLY, AND AS A REPRESENTATIVE OF A CLASS OF
BONDHOLDERS DESCRIBED IN THE COMPLAINT, PLAINTIFF-APPELLEE, v. ARTHUR M.
RICE, JR., DEFENDANT, WILLIAM V. WELDON, ET AL., DEFENDANTS-APPELLANTS.
ERNEST ROSS, INDIVIDUALLY AND AS REPRESENTATIVE OF A BONDHOLDER CLASS,
PLAINTIFF-APPELLANT, v. BANK SOUTH, N.A., ET AL., DEFENDANTS-APPELLEES.
GEORGE MILLER, INDIVIDUALLY, AND AS A REPRESENTATIVE OF A CLASS OF
BONDHOLDERS DESCRIBED IN THE COMPLAINT, PLAINTIFF-APPELLANT, v. ARTHUR M.
RICE, JR., ET AL., DEFENDANTS-APPELLEES.
ERNEST ROSS, INDIVIDUALLY AND AS A REPRESENTATIVE OF A BONDHOLDER CLASS,
PLAINTIFF-APPELLANT, v. BANK SOUTH, N.A., ET AL., DEFENDANTS-APPELLEES.
GEORGE MILLER, INDIVIDUALLY AND AS REPRESENTATIVE OF A BONDHOLDER CLASS,
PLAINTIFF-APPELLANT, v. ARTHUR M. RICE, JR., ET AL., DEFENDANTS-APPELLEES.
Nos. 86-7350, 86-7352 and 86-7790.
United States Court of Appeals, Eleventh Circuit.
June 10, 1988.
William J. Cobb, Kocher, Wilson, Korschun Cobb, H. Marshall Korschun, Atlanta, Ga., for Jack Hereth.

William H. Mills, Redden, Mills Clark, L. Drew Redden, Birmingham, Ala., for Weldon, Rogers, Blanton, Lee Moffett.

Herbert P. Schlanger, Atlanta, Ga., for Alan O. Jones.

Robert Wyeth Lee, Jr. Wininger Lee, Birmingham, Ala., for R. Davidson.

Kirk M. McAlpin, Jr., Peterson, Young, Self Asselin, Atlanta, Ga., for Peter Orr Robinson-Hall.

Michael L. Edwards, Balch Bingham, C. William Gladden, Birmingham, Ala., for Laventhol Horwatch.

James W. Gewin, Bradley, Arant, Rose White, Jay St. Clair, Birmingham, Ala., for Alston Bird, et al.

Lange, Simpson, Robinson Somerville, John E. Grenier, Charles C. Pinckney, Sally S. Reilly, Birmingham, Ala., for Arthur Rice.

Stephen E. Hudson, Kilpatrick Cody, Debbie W. Harden, Thomas H. Christopher, Jerre B. Swan, Atlanta, Ga., for Bank South.

Charles Cleveland, Cleveland Cleveland, Robert Wiggins, Gordon, Silberman, Wiggins Childs, Birmingham, Ala., R. Alan Stotsenburg, David C. Harrison, New York City, for Ross Miller.

Robert Dean Pope, President, National Ass'n of Bond Lawyers, Richmond, Va., Robert E. Hicks, Hicks, Maloof Campbell, Atlanta, Ga., amicus curiae.
Appeals from the United States District Court for the Northern District of Alabama; Robert B. Propst, J.
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING IN BANC
(Opinion February 17, 1988, 11th Cir., 1988,837 F.2d 980)
Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE,Page 1133KRAVITCH, JOHNSON, HATCHETT, CLARK and COX, Circuit Judgesfn*.
BY THE COURT:
[1] A member of this court in active service having requested a poll on the application for rehearing in banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing in banc,

[2] IT IS ORDERED that the above causes shall be reheard by this court in bancwithoral argument during the week of October 17, 1988, on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of in banc briefs. The previous panel's opinion is hereby VACATED.
  1. Circuit Judges Anderson and Edmondson are recused and will not participate in this decision. ↩