William T. Dunn, Individually and D/b/a Tom's Amusementcompany and Tom's Amusement Company, Inc.,plaintiffs-appellees, v. Blue Ridge Telephone Company and Jones Vending Company,inc., Defendants-appellants, 888 F.2d 731 (11th Cir. 1989)

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U.S. Court of Appeals for the Eleventh Circuit - 888 F.2d 731 (11th Cir. 1989) Oct. 19, 1989

Trammell E. Vickery, James A. Gilbert, H. Quigg Fletcher, III, Hansell & Post, Atlanta, Ga., for defendants-appellants.

R. Leslie Waycaster, Jr., Waycaster, Corn & Murray, Dalton, Ga., for plaintiffs-appellees.

Appeals from the United States District Court for the Northern District of Georgia; William C. O'Kelly, Judge.

Before TJOFLAT, Chief Judge, and FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON, and COX, Circuit Judges.


BY THE COURT:

This case has been settled. The panel opinion, published in 868 F.2d 1578, has already been vacated by our order granting rehearing en banc 888 F.2d 731 (1989). The judgment of the district court is vacated and the case is remanded to the district court with instructions that the case be dismissed. United States v. Munsingwear, Inc., 340 U.S. 36, 71 S. Ct. 104, 95 L. Ed. 36 (1950).

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