Opinion · Court of Appeals for the Eleventh Circuit

Bellsouth Advertising & Publishing Corp. v. Donnelly Information Publishing, Inc.

977 F.2d 1435

Type: Opinion
Court: Court of Appeals for the Eleventh Circuit
Jurisdiction: Federal
Date: 1992-11-04
Topic: commercial

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC Before TJOFLAT, Chief Judge, FAY, HATCHETT, EDMONDSON, BIRCH, BLACK and CARNES, Circuit Judges.* BY THE COURT: A member of this court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.

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Cited by: 3 opinions

BELLSOUTH ADVERTISING v. DONNELLY INF. PUB.,977 F.2d 1435(11th Cir. 1992)

BELLSOUTH ADVERTISING PUBLISHING CORPORATION, PLAINTIFF-COUNTERCLAIM

DEFENDANT-APPELLEE, v. DONNELLY INFORMATION PUBLISHING, INC. AND THE REUBEN

H. DONNELLY CORP., DEFENDANTS-COUNTERCLAIM PLAINTIFFS-APPELLANTS, BELLSOUTH

CORPORATION, ET AL., COUNTERCLAIM DEFENDANTS.

No. 89-5131.

United States Court of Appeals, Eleventh Circuit.

November 4, 1992.

Douglas C. Broeker, Michael J. Cappucio, Fowler, White, Burnett, Hurley, BanickPage 1436Strickroot, Miami, Fla., David L. Foster, Theodore Case Whitehouse, Francis J. Menton, Jr., Willkie, Farr Gallager, Baila H. Celedonia, Roger L. Zissu, Cowan, Liebowitz Latman, P.C., New York City, for appellants.

Robert E. Richards, Anthony B. Askew, Jones, Askew Lunsford, Atlanta, Ga., for Bellsouth Advertising.

John K. Roedel, Jr., Senniger, Powers, Leavitt Roedel, St. Louis, Mo., for amicus ANADP.

Robert E. Marsh, Blackwell, Sanders, Matheny, Weary Lombardi, Kansas City, Mo., for amicus US West.

Robert Alan Garrett, Arnold Porter, Washington, D.C., for amicus Bell Atlantic.

Appeal from the United States District Court for the Southern District of Florida; Thomas E. Scott, Judge.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion June 18, 1991, 11th Cir., 1991,933 F.2d 952)

Before TJOFLAT, Chief Judge, FAY, HATCHETT, EDMONDSON, BIRCH, BLACK and CARNES, Circuit Judges.^fn*

BY THE COURT:

[1] A member of this court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,

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

Judges Phyllis A. Kravitch, R. Lanier Anderson, III, Emmett R. Cox and Joel F. Dubina have recused themselves and will not participate. ↩