Opinion · Court of Appeals for the Eleventh Circuit

Becky Wallace, Annette Neal v. Dunn Construction Company, Inc.

32 F.3d 1489

Type: Opinion
Court: Court of Appeals for the Eleventh Circuit
Jurisdiction: Federal
Date: 1994-09-06
Topic: real-estate

*1490 ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion August 17, 1992 11th Cir., 1992, 968 F.2d 1174) Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges. * BY THE COURT: A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor thereof, IT IS ORDERED that the above cause shall be reheard by this court sitting en banc. The previous panel opinion is hereby VACATED.

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Cited by: 18 opinions

WALLACE v. DUNN CONST. CO., INC.,32 F.3d 1489(11th Cir. 1994)

BECKY WALLACE, PLAINTIFF, ANNETTE NEAL, PLAINTIFF-APPELLEE, v. DUNN

CONSTRUCTION COMPANY, INC., DEFENDANT-APPELLANT.

No. 91-7406.

United States Court of Appeals, Eleventh Circuit.

September 6, 1994.

Peyton Lacy, Thomas F. Campbell, Lange, Simpson, Robinson Somerville, Birmingham, AL, for appellant.

Marvin L. Stewart, Jr., Najjar, Denaburg, P.C., Birmingham, AL, for appellee.

Appeal from the United States District Court for the Northern District of AlabamaPage 1490(No. CV 90-983-S), William M. Acker, Jr., Judge.

[1] ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

[2] (Opinion August 17, 1992 11th Cir., 1992,968 F.2d 1174)

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.^fn*

BY THE COURT:

[3] A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor thereof,

[4] IT IS ORDERED that the above cause shall be reheard by this court sitting en banc. The previous panel opinion is hereby VACATED.

Senior U.S. Circuit Judge John C. Godbold has elected to participate in further proceedings in this matter pursuant to28 U.S.C. § 46(c). ↩