FLANIGAN'S ENTERPRISES, INC. OF GEORGIA ,et al v. CITY OF SANDY SPRINGS, GEORGIA

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 14, 2017
• Docket: 14-15499
• Status: Published

Opinion

Case: 14-15499 Date Filed: 03/14/2017 Page: 1 of 2

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 14-15499 ________________________

D.C. Docket No. 1:13-cv-03573-HLM

FLANIGAN'S ENTERPRISES, INC OF GEORGIA, FANTASTIC VISUALS, LLC,

Plaintiffs - Appellants,

MELISSA DAVENPORT, MARSHALL G. HENRY,

Intervenors - Plaintiffs - Appellants,

versus

CITY OF SANDY SPRINGS, GEORGIA,

Defendant - Appellee.

________________________

Appeal from the United States District Court for the Northern District of Georgia ________________________ Case: 14-15499 Date Filed: 03/14/2017 Page: 2 of 2

Before ED CARNES, Chief Judge, TJOFLAT, HULL, MARCUS, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JULIE CARNES, and JILL PRYOR, Circuit Judges.*

BY THE COURT:

A petition for rehearing en banc having been filed, a member of this Court in

active service having requested a poll on whether this case should be reheard en

banc, and a majority of the judges of this Court in active service having voted in

favor of granting rehearing en banc,

It is ORDERED that this case will be reheard en banc. The panel’s opinion

is VACATED.

* Senior United States Circuit Judge R. Lanier Anderson may elect to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).