Consolidated Gas Company of Florida, Inc. v. City Gas Company of Florida, a Florida Corporation

912 F.2d 1262, 118 P.U.R.4th 287, 1990 U.S. App. LEXIS 16430, 1990 WL 125506

• Court: Court of Appeals for the Eleventh Circuit
• Decided: September 19, 1990
• Docket: 87-6108
• Status: Published

Opinions

PER CURIAM:

City Gas Company of Florida appealed from a $4.76 million dollar judgment entered against it after the district court found that City Gas had violated federal antitrust laws. Consolidated Gas Co. of Fla. v. City Gas Co. of Fla., 665 F.Supp. 1493 (S.D.Fla.1987). A panel of this court affirmed. Consolidated Gas Co. of Fla. v. City Gas Co. of Fla., 880 F.2d 297 (11th Cir.1989). A majority of the active judges in regular active service ordered that the appeal be reheard by the court of appeals en banc. This order vacated the panel opinion. Consolidated Gas Co. of Fla. v. City Gas Co. of Fla., 889 F.2d 264 (11th Cir.1989).

Having considered the briefs and heard oral argument in the case en banc, the court now reinstates the panel’s opinion reported at 880 F.2d 297, affirming the judgment of the district court.

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AFFIRMED.

Judges Johnson and Kravitch, concurring in part and dissenting in part, concur in affirm-anee of the judgment of the district court. Thus, a majority of seven judges agrees to affirm the judgment of the district court.