Kimbrough v. Bowman Transportation, Inc.

Full title: JAMES KIMBROUGH, PLAINTIFF-APPELLEE, v. BOWMAN TRANSPORTATION, INC.…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Apr 9, 1991

929 F.2d 599 (11th Cir. 1991)

Opinion

No. 89-7400.

April 9, 1991.

Carol R. McGriff, Bowman Transp., Inc., Conley, Ga., for defendant-appellant.

Robert L. Wiggins, Jr., Michael Quinn, Gordon, Silberman, Wiggins Childs, P.C., Birmingham, Ala., for plaintiff-appellee.

Appeal from the United States District Court for the Northern District of Alabama; U.W. Clemon, Judge.

Before JOHNSON and CLARK, Circuit Judges, and BROWN^_, Senior District Judge.

_ Honorable Wesley E. Brown, Senior U.S. District Judge for the District of Kansas, sitting by designation.

BY THE COURT:

The parties joint motion to withdraw the suggestion of rehearing en banc and the motion to remand for determination of attorneys' fees, based on settlement, is GRANTED. The panel opinion, published at 920 F.2d 1578 (11th Cir. 1991) is VACATED. 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).