Fed. Carr. Cas. P 83,826 Advance United Expressways, Inc. v. Eastman Kodak Company

990 F.2d 184, 1993 U.S. App. LEXIS 9036, 1993 WL 124631

Opinion

ON PETITION FOR REHEARING & SUGGESTION FOR REHEARING EN BANC

(Opinion June 26, 5th Cir., 1992 965 F.2d 1347)

Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.

BY THE COURT:

To the extent that our opinion of June 26, 1992, 965 F.2d 1347, is in conflict with Reiter v. Cooper, — U.S.-, 113 S.Ct. 1213, 122 L.Ed.2d 604 (1993), it has been overruled. In all other respects, the petition for rehearing is DENIED. The case is thus REMANDED to the district court for further consideration in the light of Reiter and of our opinion.

Finally, no active judge having requested that the court be polled, the petition for rehearing en banc is DENIED.