Becky Wallace, Plaintiff,annette Neal, Plaintiff-appellee, v. Dunn Construction Company, Inc., Defendant-appellant

United States Court of Appeals, Eleventh Circuit. - 32 F.3d 1489

Sept. 6, 1994

Peyton Lacy, Thomas F. Campbell, Lange, Simpson, Robinson & Somerville, Birmingham, AL, for appellant.

Marvin L. Stewart, Jr., Najjar, Denaburg, P.C., Birmingham, AL, for appellee.

Appeal from the United States District Court for the Northern District of Alabama (No. CV 90-983-S), William M. Acker, Jr., Judge.

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.*

BY THE COURT:

A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor thereof,

IT IS ORDERED that the above cause shall be reheard by this court sitting en banc. The previous panel opinion is hereby VACATED.