Summary
granting certiorari and remanding a case like the present one for reconsideration in light of Geraghty
Summary of this case from Harris v. BalloneOpinion
No. 77-1778.
July 15, 1980.
Edward Still, Susan W. Reeves, Birmingham, Ala., Neil Bradley, Atlanta, Ga., for plaintiff-appellant.
Walter J. Merrill, Anniston, Ala., for defendants-appellees.
Appeal from the United States District Court for the Northern District of Alabama, J. Foy Guin, Judge.
Before MORGAN, FAY and RUBIN, Circuit Judges.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES [2] ORDER:
Considering the order entered by the United States Supreme Court in Armour v. City of Anniston, d/b/a Anniston Memorial Hospital and Northeast Alabama Medical Center Board, ___ U.S. ___, 100 S.Ct. 1334, 63 L.Ed.2d 774 (1980), the case is remanded to the district court to determine, after such hearing or hearings as it may see fit, whether or not there is still a live controversy involving the proposed class, and, if so, whether or not Mrs. Armour is a proper class representative, and, if she is not, to substitute an appropriate class representative should one desire to be appointed.
IT IS SO ORDERED.