SOUTHERN PACIFIC TRANSPORTATION v. COMMERCIAL METALS COMPANY

No. 79-1843.

686 F.2d 264 (1982)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Plaintiff-Appellant, v. COMMERCIAL METALS COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 20, 1982.


Attorney(s) appearing for the Case

Michael R. Johnson, Dallas, Tex., for plaintiff-appellant.

David M. Sudbury, Dallas, Tex., for defendant-appellee.

Before TJOFLAT, POLITZ and HATCHETT, Circuit Judges.


ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

Pursuant to the judgment of the Supreme Court of the United States dated April 27, 1982, ___ U.S. ___, 102 S.Ct. 1815, 72 L.Ed.2d 114, reversing this court's judgment, 641 F.2d 235, our judgment heretofore entered is vacated, and we remand this case to the district court with directions to enter judgment for the plaintiff, Southern Pacific Transportation Company.

SO ORDERED.

FootNotes


* Former Fifth Circuit case, section 9(1) of Public Law 96-452 — October 14, 1980.

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