Ayers v. Fordice

Fifth Circuit

Ayers v. Fordice

970 F.2d 1378, 1992 WL 198462

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 18, 1992

DocketNo. 88-4103

StatusPublished

Cited by1 cases

This text of 970 F.2d 1378 (Ayers v. Fordice) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ayers v. Fordice, 970 F.2d 1378, 1992 WL 198462 (5th Cir. 1992).

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Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before POLITZ, Chief Judge, GOLDBERG, KING, JOHNSON, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

PER CURIAM:

This Court, sitting en banc,¹ affirmed the judgment of the district court in Ayers v. Allain, 674 F.Supp. 1523 (N.D.Miss.1987). On appeal the United States Supreme Court found² that we and the district court had applied the incorrect legal standard, vacated our decision and remanded the matter to this Court. Accordingly,' we vacate the decision of the district court and remand this matter to it for further proceedings consistent with the opinion of the Supreme Court.

VACATED and REMANDED.

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ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before POLITZ, Chief Judge, GOLDBERG, KING, JOHNSON, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

PER CURIAM:

This Court, sitting en banc,¹ affirmed the judgment of the district court in Ayers v. Allain, 674 F.Supp. 1523 (N.D.Miss.1987). On appeal the United States Supreme Court found² that we and the district court had applied the incorrect legal standard, vacated our decision and remanded the matter to this Court. Accordingly,' we vacate the decision of the district court and remand this matter to it for further proceedings consistent with the opinion of the Supreme Court.

VACATED and REMANDED.

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970 F.2d 1378, 1992 WL 198462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ayers-v-fordice-ca5-1992.

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