Summary
determining plaintiff needed to establish more than respondeat superior to hold contracting medical services provider liable
Summary of this case from McKenzie v. AndersonOpinion
No. 89-8455.
April 29, 1991.
William P. Tinkler, Jr., Decatur, Ga., for Mendoza.
William B. Hill, Jr., Deputy Atty. Gen., Daryl A. Robinson, Cathy A. Cox, John C. Jones, Senior Asst. Atty. Gen., Atlanta, Ga., for Burden.
J. Vincent Cook, Cook, Noell, Tolley Aldridge, Athens, Ga., Patrick T. Beall, Watkinsville, Ga., for plaintiffs-appellees.
On Appeal from the United States District Court for the Southern District of Georgia; Dudley H. Bowen, Jr., Judge.
Before KRAVITCH and ANDERSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.
Appellees' motion to withdraw the petition for rehearing and suggestion for rehearing en banc is GRANTED. As the case has settled, the opinion at 922 F.2d 712 is vacated, the judgment of the district court is vacated and the case is remanded to the district court with direction that the case be dismissed.