FRIEDA JOYCE JOHNSON, PERSONAL REPRESENTATIVE OF THE ESTATE OF HORTON WINFIELD JOHNSON, FOR HERSELF AND FOR THE BENEFIT OF KEVIN LEE NIX, CYNTHIA ANNE JOHNSON AND TAMARA JOYCE NIX, PLAINTIFFS-APPELLANTS,
v.
UNITED STATES OF AMERICA, DEFENDANT-APPELLEE

11th Cir. | 1985-04-24
No. 83-5764
760 F.2d 244 Court of Appeals for the Eleventh Circuit (1985) Negative Treatment
Cited by 12 cases
Opinion of the Court
BY THE COURT:

BY THE COURT:

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

IT IS ORDERED that the cause shall be reheard by this court en banc without oral argument on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of en banc briefs. The order denying rehearing and rehearing en banc entered on March 26, 1985, 758 F. 2d 660, and the prior panel’s opinion are hereby VACATED.

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  • Stanley v. United States, 786 F.2d 1490 (11th Cir. 1986)
    …tions underlying the Feres doctrine in order to properly address the plaintiffs’ claim. Cole at 877. Subsequent to our decision in Cole, we granted the government’s suggestion that Johnson be reviewed by the en banc court. Johnson v. United States, 760 F. 2d 244 (11th Cir.1985). Relying on United States v. Shearer, — U.S.-, 105 S.Ct. 3039, 87 L.Ed.2d 38 (1985), also decided after Cole, we upheld the panel’s decision and reinstated its opinion. Johnson v. United States, 779 F. 2d 1492, 1493 (11th Cir.1985) (…
  • Frieda Joyce Johnson v. United States, 779 F.2d 1492 (11th Cir. 1986)
    …1 S.Ct. 153, 95 L.Ed. 152 (1950), granted the government’s motion to dismiss. The court of appeals reversed. 749 F. 2d 1530 (11th Cir.1985). On April 24, 1985, we granted the government’s suggestion that this matter be reviewed by the en banc court. 760 F. 2d 244 (11th Cir.1985). Such action vacated the panel opinion. Upon consideration by the full court, the panel opinion found at 749 F. 2d 1530 (11th Cir.1985) is reinstated. As noted in footnote 13 of the panel opinion, the Supreme Court granted certio-ra…
  • Bozeman v. United States, 780 F.2d 198 (2d Cir. 1985)

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