Saxton v. ACF Industries Inc., 00-11047

Decision Date15 March 2001
Docket NumberNo. 00-11047,00-11047
Parties(11th Cir. 2001) Major SAXTON, Jr., Mary Saxton, Plaintiffs-Appellants, v. ACF INDUSTRIES, INC., Defendant-Appellee.
CourtU.S. Court of Appeals — Eleventh Circuit

Appeal from the United States District Court for the Northern District of Alabama (No. 98-01719-CV-N-S); Edwin L. Nelson, Judge.

(Opinion January 24, 2001, 239 F.3d 1209, 11th Cir., 2001)

Before ANDERSON, Chief Judge, and TJOFLAT, EDMONDSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, 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 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.

To continue reading

Request your trial
3 cases
  • Jones v. U.S., No. 01-13191 Non-Argument Calendar.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • June 18, 2002
    ...review here was de novo or for abuse of discretion," Saxton v. ACF Indus., Inc., 239 F.3d 1209, 1212 n. 2 (11th Cir.), vacated, 244 F.3d 830 (11th Cir.) (en banc), reh'g en banc on other grounds, 254 F.3d 959 (11th 5. Our circuit has determined that a conviction is final on the day that the......
  • U.S. v. Johnson
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • May 30, 2008
    ...had other arguments been made to the panel that decided the issue first." (quotation marks and citation omitted)), vacated, 244 F.3d 830 (11th Cir.2001) (en banc); Turner v. Beneficial Corp., 236 F.3d 643, 650 (11th Cir.2000) ("Nor is the operation of the rule dependent upon the skill of th......
  • Saxton v. ACF Industries, No. 00-11047
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • June 18, 2001
    ...itself bound by this Court's earlier ruling in Wilson.1 Saxton v. ACF Indus., Inc., 239 F.3d 1209 (11th Cir. 2001), vacated, 244 F.3d 830 (11th Cir. 2001)(en banc). By vote of a majority of the judges in active service, we now rehear this appeal en banc to consider whether Federal Rule of C......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT