Summary
granting settling parties' joint motion to withdraw suggestion of rehearing en banc
Summary of this case from Key Enterprises of Delaware, v. Venice HospOpinion
No. 89-7400.
April 9, 1991.
Carol R. McGriff, Bowman Transp., Inc., Conley, Ga., for defendant-appellant.
Robert L. Wiggins, Jr., Michael Quinn, Gordon, Silberman, Wiggins Childs, P.C., Birmingham, Ala., for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Alabama; U.W. Clemon, Judge.
The parties joint motion to withdraw the suggestion of rehearing en banc and the motion to remand for determination of attorneys' fees, based on settlement, is GRANTED. The panel opinion, published at 920 F.2d 1578 (11th Cir. 1991) is VACATED. The judgment of the district court is VACATED and the case is REMANDED to the district court with instructions that the case be dismissed. United States v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950).