Sims v. State of Florida, Dept. of Highway

Full title: MYRA HOLLADAY SIMS AND FLORIDA IMPORT AND COMPLIANCE ASSOCIATION…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Mar 1, 1988

840 F.2d 778 (11th Cir. 1988)

Opinion

No. 86-3055.

March 1, 1988.

Eric J. Taylor, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for defendant-appellant.

Williams C. Owen, Carlton, Fields, Ward, Emmanuel, Smith Cutler, P.A., George N. Meros, Tallahassee, Fla., for amicus: Florida Auto. Dealers Assoc.

Susan Greco Tuttle, Moffitt, Hart Miller, Tampa, Fla., for amicus: Import Auto. Dealers of Florida, Inc.

Edward T. O'Donnell, Mershon, Sawyer, Johnston, Dunwoody Cole, Miami, Fla., for amicus: Mercedes-Benz of North America, Inc.

Robert P. Smith, Jr., Tallahassee, Fla., for plaintiffs-appellees.

Appeal from the United States District Court for the Northern District of Florida; William Stafford, Judge.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING IN BANC (Opinion December 2, 1987, 11th Cir., 1987, 832 F.2d 1558)

Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, and EDMONDSON, Circuit Judges^_.

_ Judge Clark is recused and will not participate in this decision.

BY THE COURT:

A member of this court in active service having requested a poll on the application for rehearing in banc and a majority of the judges of this court in active service having voted in favor of granting a rehearing in banc,

IT IS ORDERED that the above cause shall be reheard by this court in banc with oral argument during the week of June 6, 1988, on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of in banc briefs. The previous panel's opinion is hereby VACATED.