Mur-Maid Enterprises, Inc. v. Townsend

U.S. Court of Appeals for the Eleventh Circuit
Mur-Maid Enterprises, Inc. v. Townsend, 951 F.2d 297 (11th Cir. 1991)

Mur-Maid Enterprises, Inc. v. Townsend

Opinion

951 F.2d 297

MUR-MAID ENTERPRISES, INC., Plaintiff-Counterclaim Defendant,
Elmer Murray and Joy G. Murray, Plaintiffs-Appellants,
v.
John Timothy TOWNSEND and Star Paper Tube, Inc.,
Defendants-Counterclaim Plaintiffs-Appellees.

No. 90-8096.

United States Court of Appeals,
Eleventh Circuit.

Dec. 23, 1991.

Clifton M. Patty, Jr., Ringgold, Ga., Joseph E. Willard, Jr., Rossville, Ga., for plaintiffs-appellants.

L. Hugh Kemp, Dalton, Ga., for defendants-counterclaim plaintiffs-appellees.

Appeal from the United States District Court for the Northern District of Georgia; Harold L. Murphy, Judge.

Before KRAVITCH and EDMONDSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.

BY THE COURT:

1

Appellants' and appellees' stipulation of settlement is GRANTED. The panel opinion, published at 939 F.2d 939 (11th Cir. 1991), certifying a question to the Georgia Supreme Court is VACATED and WITHDRAWN. 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).

2

A copy of this order shall be forwarded to the Georgia Supreme Court.

Reference

Full Case Name
Mur-Maid Enterprises, Inc., Plaintiff-Counterclaim Elmer Murray and Joy G. Murray v. John Timothy Townsend and Star Paper Tube, Inc., Defendants-Counterclaim
Status
Published