Adv. United Expressways v. Eastman Kodak Co.

Full title: ADVANCE UNITED EXPRESSWAYS, INC., PLAINTIFF-APPELLEE, v. EASTMAN KODAK…

Court: United States Court of Appeals, Fifth Circuit

Date published: Apr 22, 1993

990 F.2d 184 (5th Cir. 1993)

Opinion

No. 91-1320.

April 22, 1993.

Byron D. Olsen, Felhaber, Larson, Fenlon Vogt, Barbara R. Kueppers, Minneapolis, MN, for Eastman Kodak.

Nicholas J. DiMichael, Richard D. Fortin, Donelan, Cleary, Wood Maser, Washington, DC, for amicus curiae — Nat. Indus. Transp. League.

Judith A. Albert, Atty., I.C.C., Washington, DC, for amicus curiae I.C.C.

Daniel J. Sweeney, McCarthy, Sweeney Harkaway, Washington, DC, Paul O. Taylor, Minneapolis, MN, David G. Sperry, Independence, MO, for amicus curiae — Health Personal Care Dist. Conference, et al.

Appeal from the United States District Court for the Northern District of Texas; A. Joe Fish, Judge.

Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.

ON PETITION FOR REHEARING SUGGESTION FOR REHEARING EN BANC [2] (Opinion June 26, 5th Cir., 1992 965 F.2d 1347)

BY THE COURT:

To the extent that our opinion of June 26, 1992, 965 F.2d 1347, is in conflict with Reiter v. Cooper, ___ U.S. ___, 113 S.Ct. 1213, 122 L.Ed.2d 604 (1993), it has been overruled. In all other respects, the petition for rehearing is DENIED. The case is thus REMANDED to the district court for further consideration in the light of Reiter and of our opinion.

Finally, no active judge having requested that the court be polled, the petition for rehearing en banc is DENIED.