BECKY WALLACE, PLAINTIFF, ANNETTE NEAL, PLAINTIFF-APPELLEE,
v.
DUNN CONSTRUCTION COMPANY, INC., DEFENDANT-APPELLANT

11th Cir. | 1994-09-06
No. 91-7406
Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.
32 F.3d 1489 Court of Appeals for the Eleventh Circuit (1994) Caution
Cited by 6 cases
Opinion of the Court
BY THE COURT:

(Opinion August 17, 1992 11th Cir., 1992, 968 F. 2d 1174) Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges. BY THE COURT: A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor thereof, IT IS ORDERED that the above cause shall be reheard by this court sitting en banc. The previous panel opinion is hereby VACATED.

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  • McKENNON v. Nashville Banner Publ'g Co., 513 U.S. 352 (U.S. 1995)
    …with Mardell v. Harleysville Life Ins. Co., 31 F. 3d 1221 (CA3 1994); Kristufek v. Hussman Foodservice Co., Toastmaster Div., 985 F. 2d 364 (CA7 1993); Wallace v. Dunn Construction Co., 968 F. 2d 1174 (CA11 1992), vacated pending rehearing en banc, 32 F. 3d 1489 (1994). We now reverse. II We shall assume, as summary judgment procedures require us to assume, that the sole reason for McKennon’s initial discharge was her age, a discharge violative of the ADEA. Our further premise is that the misconduct reve…
  • Turnes v. AmSOUTH Bank, NA, 36 F.3d 1057 (11th Cir. 1994)
    …d have discovered Tumes’ credit history and would not have hired him on that ground. Thus, this case is not an “after-acquired evidence” case in the mold of Wallace v. Dunn Constr. Co., 968 F. 2d 1174 (11th Cir.1992), vacated for rehearing en banc, 32 F. 3d 1489 (11th Cir.1994) and Summers v. State Farm Mutual Automobile Ins. Co., 864 F. 2d 700 (10th Cir.1988). In Wallace and Summers, the thrust of the employers’ contentions was that even if the employer never would have discovered the information outside…
  • Wallace v. Dunn Constr. Co., Inc., 62 F.3d 374 (11th Cir. 1995)
    …t of after-acquired evidence of an employee’s fraud in a job application and in a split decision, affirmed the denial of summary judgment. We granted Dunn’s suggestion for rehearing en banc, vacating the panel opinion. Wallace v. Dunn Constr. Co., 32 F. 3d 1489 (11th Cir.1994). During the pendency of the en banc proceedings, the Supreme Court rendered its decision in McKennon. II.McKennon In McKennon v. Nashville Banner Publishing Co., — U.S. -, 115 S.Ct. 879, 130 L.Ed.2d 852 (1995), a ease involving an…

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