[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT MAY 5 2000 THOMAS K. KAHN No. 98-6404 CLERK Non-Argument Calendar ________________________

D. C. Docket No. CV-98-G-117-S

BILL HARBERT CONSTRUCTION COMPANY, a division of Bill Harbert International, Inc.,

Plaintiff - Counter-Defendant, Appellee,

versus

CORTEZ BYRD CHIPS, INC.,

Defendant - Counter-Claimant, Appellant.

________________________

Appeal from the United States District Court for the Northern District of Alabama _________________________ (May 5, 2000)

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before TJOFLAT and EDMONDSON, Circuit Judges, and RONEY, Senior Circuit Judge. PER CURIAM:

This case comes before us by order of the United States Supreme Court, which

has reversed the judgment of this Court and remanded the case for our

reconsideration. See Cortez Byrd Chips, Inc. v. Bill Harbert Constr. Co., 529 U.S. ---,

(Mar. 21, 2000).

The judgment of the district court is, pursuant to the mandate of the Supreme

Court, reversed, and this case is remanded to the district court for further proceedings

consistent with the Supreme Court’s opinion.

REVERSED AND REMANDED.

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