ADVANCE UNITED EXPRESSWAYS, INC., PLAINTIFF-APPELLEE,
v.
EASTMAN KODAK COMPANY, DEFENDANT-APPELLANT

5th Cir. | 1993-04-22
No. 91-1320
Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.
990 F.2d 184 Court of Appeals for the Fifth Circuit (1993)

Opinion of the Court
BY THE COURT:

BY THE COURT:

To the extent that our opinion of June 26, 1992, 965 F. 2d 1347, is in conflict with Reiter v. Cooper, — U.S.-, 113 S.Ct. 1213, 122 L.Ed.2d 604 (1993), it has been overruled. In all other respects, the petition for rehearing is DENIED. The case is thus REMANDED to the district court for further consideration in the light of Reiter and of our opinion.

Finally, no active judge having requested that the court be polled, the petition for rehearing en banc is DENIED.


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