Southern Pacific Transportation Company, Plaintiff-appellant, v. Commercial Metals Company, Defendant-appellee

United States Court of Appeals, Fifth Circuit.* - 686 F.2d 264

Sept. 20, 1982

Michael R. Johnson, Dallas, Tex., for plaintiff-appellant.

David M. Sudbury, Dallas, Tex., for defendant-appellee.

Appeal from the United States District Court for the Northern District of Texas.

Before TJOFLAT, POLITZ and HATCHETT, Circuit Judges.

PER CURIAM:

1

Pursuant to the judgment of the Supreme Court of the United States dated April 27, 1982, --- U.S. ----, 102 S.Ct. 1815, 72 L.Ed.2d 114, reversing this court's judgment, 641 F.2d 235, our judgment heretofore entered is vacated, and we remand this case to the district court with directions to enter judgment for the plaintiff, Southern Pacific Transportation Company.

2

SO ORDERED.