IN RE SHELBY MOTEL GROUP, INC., DEBTOR. SHELBY MOTEL GROUP, INC., PLAINTIFF-APPELLANT,
v.
FIRST ALABAMA BANK, AN ALABAMA BANKING CORPORATION, AND THE INDUSTRIAL DEVELOPMENT BOARD OF THE TOWN OF VINCENT, ALABAMA, DEFENDANTS-APPELLEES

11th Cir. | 1991-02-22
No. 89-7854
Before HATCHETT and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.
925 F.2d 1583 Court of Appeals for the Eleventh Circuit (1991) Positive Treatment
Cited by 2 cases

Opinion of the Court
BY THE COURT:

[*1584] BY THE COURT:

This case has been settled. The panel opinion, published at 914 F. 2d 227 (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).

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  • KEY Enters. OF Del., Inc. v. Venice Hosp., 9 F.3d 893 (11th Cir. 1993)
    …on to withdraw appeal and to dismiss based on settlement); Kimbrough v. Bowman Transportation, Inc., 929 F. 2d 599 (11th Cir.1991) (granting settling parties’ joint motion to withdraw suggestion of rehearing en banc); In re Shelby Motel Group, Inc., 925 F. 2d 1583 (11th Cir.1991). .The appellate court practice of setting aside a judgment and remanding a case with directions to dismiss when it appears on appeal that a controversy is moot "clears the path for future relitigation of the issues between the partie…

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