Lifecare Intl. v. CD Medical, Inc.

Eleventh Circuit

Lifecare Intl. v. CD Medical, Inc.

68 F.3d 429

CourtCourt of Appeals for the Eleventh Circuit

DecidedNovember 7, 1995

Docket94-4595

StatusPublished

Cited by9 cases

This text of 68 F.3d 429 (Lifecare Intl. v. CD Medical, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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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Lifecare Intl. v. CD Medical, Inc., 68 F.3d 429 (11th Cir. 1995).

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Opinion

United States Court of Appeals,

Eleventh Circuit.

No. 94-4595.

LIFECARE INTERNATIONAL, INCORPORATED, a California corporation, Plaintiff-Appellee,

v.

CD MEDICAL, INC., a Delaware corporation, C.D. Medical, B.V., a Dutch corporation, Defendants-Appellants.

May 31, 1996.

Appeal from the United States District Court for the Southern District of Florida (No. 90-283-CIV-FAM), Federico A. Moreno, Judge.

Prior report: 11th Cir., 68 F.3d 429.

Before EDMONDSON, Circuit Judge, HILL, Senior Circuit Judge, and MILLS*, District Judge.

BY THE COURT:

The motion to recall the mandate filed by Movant Craig Edward

Stein is GRANTED.

We modify and supplement our opinion in this case with this

observation:

The statements by the Court in discussing the issues raised in this appeal concerning alleged bias on the part of Mr. Stein are based upon the record created by the parties to this case. As a nonparty, Mr. Stein was not entitled to present evidence or otherwise to respond to the allegations. Thus, the statements in the opinion should not be interpreted to represent conclusions of the Court about the actual conduct of Mr. Stein.

* Honorable Richard Mills, U.S. District Judge for the Central District of Illinois, sitting by designation.

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United States Court of Appeals,

Eleventh Circuit.

No. 94-4595.

LIFECARE INTERNATIONAL, INCORPORATED, a California corporation, Plaintiff-Appellee,

v.

CD MEDICAL, INC., a Delaware corporation, C.D. Medical, B.V., a Dutch corporation, Defendants-Appellants.

May 31, 1996.

Appeal from the United States District Court for the Southern District of Florida (No. 90-283-CIV-FAM), Federico A. Moreno, Judge.

Prior report: 11th Cir., 68 F.3d 429.

Before EDMONDSON, Circuit Judge, HILL, Senior Circuit Judge, and MILLS*, District Judge.

BY THE COURT:

The motion to recall the mandate filed by Movant Craig Edward

Stein is GRANTED.

We modify and supplement our opinion in this case with this

observation:

The statements by the Court in discussing the issues raised in this appeal concerning alleged bias on the part of Mr. Stein are based upon the record created by the parties to this case. As a nonparty, Mr. Stein was not entitled to present evidence or otherwise to respond to the allegations. Thus, the statements in the opinion should not be interpreted to represent conclusions of the Court about the actual conduct of Mr. Stein.

* Honorable Richard Mills, U.S. District Judge for the Central District of Illinois, sitting by designation.

University Commons-Urbana, Ltd., Capstone Development Corp., Plaintiffs-Counter-Defendants-Appellees v. Universal Constructors Inc., Reliance Insurance Company, Defendants-Counter-Claimants-Appellants. Universal Constructors Inc., Reliance Insurance Company v. University Commons-Urbana Capstone Development Corp., Its General Partner

304 F.3d 1331 (Eleventh Circuit, 2002)

Mariner Financial Group, Inc. v. Bossley

79 S.W.3d 30 (Texas Supreme Court, 2002)

Burlington Northern Railroad v. TUCO Inc.

960 S.W.2d 629 (Texas Supreme Court, 1997)

Eaton Vance Distributors, Inc. v. Ulrich

692 So. 2d 915 (District Court of Appeal of Florida, 1997)

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