U.S. Court of Appeals for the Eleventh Circuit, 1996

Flint Electric Membership Corp. v. Whitworth

U.S. Court of Appeals for the Eleventh Circuit · Decided March 19, 1996 · Barkett, Clark, Henderson

77 F.3d 1321; 1996 WL 91215 (Federal Reporter, Third Series)

Counsel

Michael J. Bowers, State Attorney General, Neal Bradley Childers, William F. Ami-deo, Atlanta, GA, for appellants in No. 94-9199., James Allen Orr, Sutherland, Asbill & Brennan, Dulaney L. O’Roark, III, Atlanta, GA, Kathy Renee Bess, FDIC, Legal Div., Atlanta, GA, for appellee in No. 94-9199., Michael J. Bowers, State Attorney General, Daryl Alan Robinson, Asst. Atty. Gen., Neal Bradley Childers, William F. Amideo, for appellants in No. 94-9227., Robert P. Edwards, Jr., Kevin Charles Greene, Charles Frederick Palmer, Susan P. Wilkerson, Eric A. Szweda, Troutman Sanders, Atlanta, GA, for Georgia Power., James Allen Orr, Dulaney L. O’Roark, III, Sutherland, Asbill & Brennan, Atlanta, GA, James Elwood Friese, Office of James Elwood Friese, Cuthbert, GA, Kathy Renee Bess, FDIC, Legal Division, Atlanta, GA, for appellee in No. 94-9227.

Cases that cite this one

4 later published cases cite this decision. The 3 that cite it most often are listed here.

Chris Horton and James E. Gardner v. Board of County Commissioners of Flagler County, Etc. (11th Cir. 2000)
Gainer v. City of Winter Haven, Fla. (United States District Court for the Middle District of Florida 2001)
Wax 'N Works v. City of St. Paul (8th Cir. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

CORRECTED OPINION

PER CURIAM:

Our earlier opinion, reported at 68 F.3d 1309, is hereby modified by withdrawing the third sentence of the first full paragraph on page 1313, which states “It has also become evident, in light of McKinney, that the EMCs’ procedural due process claims are not ripe for review[,]” and substituting in its place the following:

It has also become evident, in light of McKinney, that the EMCs failed to state a procedural due process claim.

The judgment of the court and the remainder of the opinion are unchanged and remain in full force and effect.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.