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U.S. Court of Appeals for the Eleventh Circuit, 1994

Southern Christian Leadership Conference of Alabama v. Evans

Southern Christian Leadership Conference of Alabama v. Evans
U.S. Court of Appeals for the Eleventh Circuit · Decided February 28, 1994 · Anderson, Birch, Black, Cox, Edmondson, Hatchett, Kravitch, Roney, Tjoflat
18 F.3d 897; 1994 WL 57377 (Federal Reporter, Third Series)

Counsel

J. Richard Cohen, Elizabeth Johnson, Montgomery, AL, for amicus curiae., James C. Wood, Simon, Wood & Crane, Mobile, AL, Fournier J. Gale, III, Maynard, Cooper, Frierson & Gale, Birmingham, AL, David R. Boyd, Baleh & Bingham, Susan E. Russ, Miller, Hamilton, Snider & Odom, Montgomery, AL, for Noonan.

Southern Christian Leadership Conference of Alabama v. Evans

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

PER CURIAM:

The judgment of the district court is vacated, 785 F.Supp. 1469, and this case is remanded to the district court for reconsidera*899tion in light of Nipper v. Chiles, 1 F.3d 1171 (1993).

VACATED AND REMANDED.

Dissenting Opinion

COX, Circuit Judge,

dissenting:

I dissent. In my view Nipper should be reconsidered.

ORDER

March 23, 1994.

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

BY THE COURT:

A member of this court in active service having requested a poll on whether this case should be reheard by the Court sitting en bane, 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 causes shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.

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