U.S. Court of Appeals for the Eleventh Circuit, 1989

Consolidated Gas Company of Florida, Inc. v. City Gas Company of Florida, a Florida Corporation

Consolidated Gas Company of Florida, Inc. v. City Gas Company of Florida, a Florida Corporation
U.S. Court of Appeals for the Eleventh Circuit · Decided October 30, 1989 · Tjoflat, Fay, Vance, Kravitch, Johnson, Hatchett, Anderson, Edmondson, Cox
889 F.2d 264; 1989 U.S. App. LEXIS 16935 (Federal Reporter, Second Series)

Counsel

James J. Kenny, Scott E. Perwin, Michael Nachwalter, Miami, Fla., for defendant-appellant., Sylvia H. Walbolt, Tampa, Fla., for ami-cus curiae Fla. Power., William H. Harrold, Tallahassee, Fla., for amicus curiae Fla. Pub. Serv. Com’n., James R. Atwood, Washington, D.C., for amicus curiae Fla. Power & Light., Philip A. Allen, III, Edward T. O’Donnell, William J. Dunaj, Teresa Ragatz, Miami, Fla., for plaintiff-appellee.

Consolidated Gas Company of Florida, Inc. v. City Gas Company of Florida, a Florida Corporation

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Opinion

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

Before TJOFLAT, Chief Judge, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, EDMONDSON and COX, Circuit Judges * . ** BY THE COURT:

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

IT IS ORDERED that the above cause shall be reheard by this court en banc with oral argument during the week of February 5, 1990, on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of en banc briefs. The previous panel’s opinion and order filed September 22, 1989, are hereby VACATED.

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