840 F.2d 778 | 11th Cir. | 1988
Myra Holladay SIMS and Florida Import and Compliance
Association, Plaintiffs-Appellees,
v.
STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR
VEHICLES, Defendant-Appellant.
No. 86-3055.
United States Court of Appeals,
Eleventh Circuit.
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*.
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.
Judge Clark is recused and will not participate in this decision