Shores v. Sklar

Full title: JAMES L. SHORES, JR., EXECUTOR OF THE ESTATE OF CLARENCE E. BISHOP, JR.…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Aug 26, 1988

855 F.2d 722 (11th Cir. 1988)

Opinion

No. 86-7898.

August 26, 1988.

W. Eugene Rutledge, Rutledge Kelly, Birmingham, Ala., for plaintiff-appellant.

Crawford S. McGivaren, Jr., Cabaniss, Johnston, Gardner, Dumas O'Neal, Larry B. Childs, Birmingham, Ala., for Jerald H. Sklar, et al.

Lee H. Zell, Berkowitz, Lefkovits, Isom Kushner, Susan Salonimer, Birmingham, Ala., for Asa G. Candler.

Frank M. Young, III, Haskell, Slaughter Young, James L. Richey, Birmingham, Ala., for Cecil J. Lamberson Jackson Municipals, Inc.

Hobart A. McWhorter, Jr., Bradley, Arant, Rose White, Richard H. Walston, Henry E. Simpson, Lange, Simpson, Robinson Somerville, Birmingham, Ala., for Capell, Howard, Knabe Cobbs.

Appeal from the United States District Court for the Northern District of Alabama, James Hughes Hancock, Judge.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING IN BANC (Opinion May 10, 1988, 11th Cir., 1988, 844 F.2d 1485)

Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON, and COX, Circuit Judges^_.

_ Judge Vance is recused and did not participate in this decision.

BY THE COURT:

A member of this court in active service having requested a poll on the application for rehearing in banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing in banc,

IT IS ORDERED that the above cause shall be reheard by this court in banc with oral argument during the week of October 17, 1988, on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of in banc briefs. The previous panel's opinion is hereby VACATED.