Shawnee Terminal Railroad v. J.E. Estes Wood Co.

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
AUGUST 5, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 09-15242
________________________
D. C. Docket No. 09-00113-CV-KD-N
SHAWNEE TERMINAL RAILROAD CO., INC.,
Plaintiff-Appellant,
versus
J.E. ESTES WOOD CO., INC.,
A.A. NETTLES, SR. PROPERTIES, LTD.,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Alabama
_________________________
(August 5, 2010)
Before TJOFLAT, CARNES and REAVLEY, Circuit Judges.*
Honorable Thomas M. Reavley, United States Circuit Judge for the Fifth Circuit, sitting*
by designation.

-- 1 of 2 --

PER CURIAM:
Before us in this appeal is the district court’s judgment dismissing this
lawsuit for lack of subject matter jurisdiction. After the district court entered its
judgment, the Supreme Court issued its decision in Hertz v. Friend, 130 S.Ct. 1181
(2010). Both parties agree that we should vacate the judgment and remand the
case to the district court for further consideration in light of the Hertz decision,
although they disagree about what the district court should do in light of that
decision. We leave it to the district court to decide as an initial matter what it
should do on remand in light of the Hertz decision, but agree with the parties that
reconsideration by the district court is in order.
The district court’s judgment is VACATED and the case is REMANDED to
that court for further consideration in light of the Supreme Court’s intervening
decision in Hertz v. Friend, 130 S.Ct. 1181 (2010).1
This case was originally scheduled for oral argument, but the panel has unanimously1
decided that it is unnecessary. See 11th Cir. R. 34-3(f).
2

-- 2 of 2 --