DUNN v. BLUE RIDGE TELEPHONE CO., 888 F.2d 731 (11th Cir. 1989)

WILLIAM T. DUNN, INDIVIDUALLY AND D/B/A TOM’S AMUSEMENT COMPANY AND TOM’S AMUSEMENT COMPANY, INC., PLAINTIFFS-APPELLEES, v. BLUE RIDGE TELEPHONE COMPANY, AND JONES VENDING COMPANY, INC., DEFENDANTS-APPELLANTS.

Nos. 87-8837, 88-8158.United States Court of Appeals, Eleventh Circuit.
October 19, 1989.

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

Page 732

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:

[1] 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).