Theron Oliver v. Coca Cola Company, No. 05-16509 (11th Cir. 2007)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on August 29, 2007.
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[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT NOV 06, 2007 THOMAS K. KAHN CLERK Nos. 05-16509 & 05-17072 ________________________ D. C. Docket No. 04-02684-CV-AR-M THERON OLIVER, Plaintiff-Appellee, versus COCA COLA COMPANY, BROADSPIRE SERVICES, INC., Defendants-Appellants. ________________________ Appeals from the United States District Court for the Northern District of Alabama _________________________ ON PETITION FOR REHEARING Before BIRCH and BLACK, Circuit Judges, and PRESNELL,* District Judge. * Honorable Gregory A. Presnell, United States District Judge for the Middle District of Florida, sitting by designation. BY THE COURT: In acknowledgment that our consideration of the Plan s offset provision was premature, the Petition for Rehearing filed by The Coca-Cola Company is GRANTED. Section II.F of our opinion in this appeal, 497 F.3d 1181, dated 29 August 2007 is VACATED, and reconsideration of the issue is STAYED pending the Court s decision in White v. The Coca-Cola Company, Case No. 07-13938. 2
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