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

U.S. Court of Appeals for the Eleventh Circuit April 24, 1991

Consolidated Gas Co. Of Florida, Inc. v. City Gas Company of Florida, a Florida Corporation, 931 F.2d 710 (11th Cir. 1991)

1991 U.S. App. LEXIS 11035; 1991 WL 68669

Anderson, Cox, Edmondson, Fay, Hatchett, Johnson, Kravitch, Tjoflat

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, EDMONDSON and COX, Circuit Judges, and MORGAN and RONEY, Senior Circuit Judges. *

ORDER:

Pursuant to the order issued by the United States Supreme Court on March 18, 1991, City Gas Co. of Fla. v. Consolidated Gas Co. of Fla., — U.S. -, 111 S.Ct. 1300, 113 L.Ed.2d 235 (1991), vacating the judgment of the en banc court, Consolidated Gas Co. of Fla. v. City Gas Co. of Fla., 912 F.2d 1262 (11th Cir. 1990), the decision of the United States District Court for the Southern District of Florida entered on August 14, 1987, and the Findings of Fact and Conclusions of Law entered on July 24, 1987, are vacated and the cause is remanded with instructions to enter an order dismissing the case with prejudice. Since the decision of the en banc court, the parties have reached a settlement and the case, therefore, is moot. See United States v. Munsingwear, Inc., 340 U.S. 36, 39, 71 S.Ct. 104, 106, 95 L.Ed. 36 (1950).

Reference

Full Case Name: CONSOLIDATED GAS CO. OF FLORIDA, INC., Plaintiff-Appellee, v. CITY GAS COMPANY OF FLORIDA, a Florida Corporation, Defendant-Appellant
Cited By: 8 cases
Status: Published