David W. Corbitt v. Home Depot USA, Inc.

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MAR 10, 2010
JOHN LEY
CLERK
[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
No. 08-12199
(D.C. Docket No. 06-00860-CV-CG-M)
DAVID W. CORBITT,
ALEXANDER J. RAYA, JR.,
Plaintiff-Appellants,
versus
HOME DEPOT U.S.A., INC.,
Defendant-Appellee.
---------------------------
On Appeal from the United States District Court for the
Southern District of Alabama
--------------------------
(Opinion December 4, 2009, 589 F.3d 1136, 11 Cir. 2009)th
(March 10, 2010)
Before DUBINA, Chief Judge, TJOFLAT, EDMONDSON, BIRCH, BLACK, CARNES,
BARKETT, HULL, MARCUS, WILSON, PRYOR, and MARTIN, Circuit Judges.
B Y T H E C O U R T :
A member of this Court in active service having requested a poll on whether this
case should be reheard by the Court sitting en banc, and a majority of the judges in this Court
in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above cause shall be reheard by this court en banc. The
previous panel's opinion is hereby VACATED.

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