Nicholson v. Hooters of Augusta

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 10, 1998
• Docket: 96-9149
• Status: Published

Opinion

PUBLISH

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

_________________

No. 96-9149 __________________ D. C. Docket No. 95-CV-101

SAM NICHOLSON, and All Other Persons or Entities Similarly Situated,

Plaintiff-Appellant,

versus

HOOTERS OF AUGUSTA, INC.,

Defendant-Cross-Claimant-. Third-Party Plaintiff- Appellee,

BAMBI K. CLARK, d.b.a. Value Fax of Augusta,

Defendant-Cross-Defendant- Appellee. _____________________

Appeal from the United States District Court for the Southern District of Georgia ____________________ (April 29, 1998)

ON PETITION FOR REHEARING Before DUBINA, Circuit Judge, HILL and GIBSON*, Senior Circuit Judges.

PER CURIAM:

The Petition for Rehearing by the panel is granted.

The opinion issued on March 10, 1998 and reported at

136 F.3d 1287, is modified in the following respects.

The first paragraph, the last sentence, is modified to

read:

Because we conclude that Congress granted state

courts exclusive jurisdiction over private

actions under the Act, we vacate the judgment of

the district court, and remand this case to it

with directions to remand the case to the

Superior Court of Richmond County, Georgia.

The final sentence of the opinion is modified to read:

Accordingly, we VACATE the judgment of the

*Honorable JOHN R. GIBSON, Senior U.S. Circuit Judge for the Eighth Circuit, sitting by designation. -2- district court and REMAND this case to the

district court with directions to remand the

case to the Superior Court of Richmond County,

Georgia.

In all other respects, our opinion reported at 136

F.3d 1287 shall remain in full force and effect.

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