United States v. Miss. Power Light Company

Full title: UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. MISSISSIPPI POWER LIGHT…

Court: United States Court of Appeals, Fifth Circuit

Date published: Aug 2, 1978

577 F.2d 1030 (5th Cir. 1978)

Opinion

No. 75-2590.

August 2, 1978.

E. Grady Jolly, Michael Farrell, Sherwood W. Wise, Jackson, Miss., for defendant-appellant.

Robert E. Hauberg, U.S. Atty., L.A. Smith, III, Asst. U.S. Atty., Jackson, Miss., Louis G. Ferrand, Jr., David L. Rose, Employment Section, U.S. Dept. of Justice, Civil Rights Div., Washington, D.C., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Mississippi; Dan M. Russell, Chief Judge.

On Remand from the Supreme Court of the United States, ___ U.S. ___, 98 S.Ct. 2841, 56 L.Ed.2d 783.

Before AINSWORTH and CLARK, Circuit Judges, and HUGHES, District Judge.^_

_ Senior District Judge for the Northern District of Texas, sitting by designation.

PER CURIAM:

On June 5, 1978, the Supreme Court of the United States, pursuant to a petition for a writ of certiorari and response there to, rendered its order vacating the judgment of this Court ( 553 F.2d 480) and remanded the cause to us for further consideration in light of Marshall v. Barlow's, Inc., 436 U.S. ___, 98 S.Ct. 1816, 56 L.Ed.2d 305 (1978).

Under the circumstances, it is necessary that the matter receive further consideration in the District Court in light of the order of the Supreme Court of the United States.

Accordingly, the judgment of the District Court is vacated and the cause is remanded for consideration in light of the Supreme Court's order.

VACATED AND REMANDED.