WILLIAM T. DUNN D/B/A TOM'S AMUSEMENT COMPANY AND TOM'S AMUSEMENT COMPANY, INC., PLAINTIFFS-APPELLEES,
v.
BLUE RIDGE TELEPHONE COMPANY, JONES VENDING COMPANY, INC.; DEFENDANTS-APPELLANTS
WILLIAM T. DUNN D/B/A TOM'S AMUSEMENT COMPANY AND TOM'S AMUSEMENT COMPANY, INC., PLAINTIFFS-APPELLEES,
BLUE RIDGE TELEPHONE COMPANY, JONES VENDING COMPANY, INC.; DEFENDANTS-APPELLANTS
888 F.2d 731
Court of Appeals for the Eleventh Circuit (1989)
Positive Treatment
Cited by 7 cases
Opinion of the Court
(Opinion April 6, 1989, 11th Cir., 1989, 868 F. 2d 1578)
Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON, and COX, Circuit Judges.
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 of this court in active service having voted in favor of granting a rehearing in banc,
IT IS ORDERED that these consolidated cases shall be decided by this court in banc. The clerk will specify a briefing schedule for the filing of in banc briefs.
The previous panel opinion is hereby VACATED.
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Bennett v. Garrison A. Parker, 898 F.2d 1530 (11th Cir. 1990)…he case, however, has since been settled, and a motion to dismiss the appeal has been granted, see order of March 28, 1990; therefore, the case will not be reheard en banc, but the panel opinion will remain vacated. See Dunn v. Blue Ridge Tele. Co., 888 F. 2d 731 (11th Cir.1989) (en banc). . The Mitchell court's phrase, "to the extent that it turns on an issue of law,” requires some explanation. In Mitchell, “[t]he question of [defendant Mitchell’s immunity] turn[ed] on whether it was clearly established [o…
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Sherman v. Burke Contracting, Inc., 891 F.2d 1527 (11th Cir. 1990)…When a trial court has granted a party relief under a statute that provides the party no relief, we must set the court’s judgment aside as plain error. See, e.g., Dunn v. Blue Ridge Tel. Co., 868 F. 2d 1578, 1581-82, reh’g granted and op. vacated, 888 F. 2d 731, reh’g en banc, 888 F. 2d 731 (11th Cir.1989) (vacating district court judgment because case settled). We therefore set aside the portion of the district court’s judgment granting Sherman relief under section 1981. 2. Having concluded that Sherman…1 / 2
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KEY Enters. OF Del., Inc. v. Venice Hosp., 9 F.3d 893 (11th Cir. 1993)…y 5, 1993, the en banc court asked the parties sua sponte “whether any party ha[d] an objection to the appeal being dismissed.” We also invited the parties to consider In re Ghandtchi, 705 F. 2d 1315 (11th Cir.1983), and Dunn v. Blue Ridge Tel. Co., 888 F. 2d 731 (11th Cir.1989). Sammett and MPAC, jointly, and VCA, responded to our inquiry; Venice Hospital did not. In both responses, the parties expressed concern for the potential res judicata effects a judgment entered in the district court (pursuant to t…
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- Dunn v. Blue Ridge Tel. Co., 868 F.2d 1578 (11th Cir. 1989)