Reliance Insurance Company v. Kent Corp.

Full title: RELIANCE INSURANCE COMPANY, PLAINTIFF-COUNTERCLAIM-DEFENDANT-APPELLEE, v…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Jul 31, 1990

909 F.2d 424 (11th Cir. 1990)

Opinion

No. 88-7755.

July 31, 1990.

Tom E. Ellis, Kracke, Thompson Ellis, P.C., Birmingham, Ala., for defendant-counterclaim-plaintiff-appellant.

Lyman H. Harris and Lonette Lamb Berg, Harris, Evans Downs, Birmingham, Ala., for plaintiff-counterclaim-defendant-appellee.

Appeal from the United States District Court for the Northern District of Alabama, Sam C. Pointer, Jr., Chief Judge.

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge, and SMITH^_, Senior Circuit Judge.

_ Honorable Edward S. Smith, Senior U.S. Circuit Judge for the Federal Circuit, sitting by designation.

PER CURIAM:

Because this case has been settled, the parties have moved to dismiss the petition for rehearing filed by appellee. Accordingly, the panel opinion published at 896 F.2d 501 (11th Cir. 1990) 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).