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Flint Electric v. Whitworth
68 F.3d 1309
11th Cir.
1995
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FLINT ELECTRIC MEMBERSHIP CORPORATION, Plaintiff-Appellee, v. Bobby WHITWORTH, Individually and in his official capacity as Department of Corrections Commissioner, Clyde Stovall, Individually and in his official capacity as Assistant Commissioner of Department of Corrections, Defendants-Appellants, Georgia Power Company, Defendant. PATAULA ELECTRIC MEMBERSHIP CORPORATION, Plaintiff-Appellee, v. Bobby WHITWORTH, Individually and in his official capacity as Department of Corrections Commissioner, Clyde Stovall, Individually and in his official capacity as Assistant Commissioner of Department of Corrections, David C. Evans, Individually, Defendants-Appellants, Georgia Power Company, Defendant.

Nos. 94-9199, 94-9227

United States Court of Appeals, Eleventh Circuit

March 19, 1996

Before BARKETT, Circuit Judge, and HENDERSON and CLARK, Senior Circuit Judges.

Appeals from the United States District Court for the Northern District of Georgia (No. 1:90-CV-1550-HTW); Horace T. Ward, Senior District Judge.

CORRECTED OPINION

PER CURIAM:

Our earlier opinion, reported at 68 F.3d 1309, is hereby modified by withdrawing the third sentence of the first full paragraph on page 1313, which states “It has also become evident, in light of McKinney, that the EMCs’ procedural due process claims are not ripe for review[,]” and substituting in its place the following:

It has also become evident, in light of McKinney, that the EMCs failed to state a procedural due process claim.

The judgment of the court and the remainder of the opinion are unchanged and remain in full force and effect.

Case Details

Case Name: Flint Electric v. Whitworth
Court Name: Court of Appeals for the Eleventh Circuit
Date Published: Nov 15, 1995
Citation: 68 F.3d 1309
Docket Number: 94-9199
Court Abbreviation: 11th Cir.
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