LATTIMORE v. OMAN CONSTRUCTION

No. 85-7790.

832 F.2d 560 (1987)

William LATTIMORE, Plaintiff-Appellee, v. OMAN CONSTRUCTION, Defendant-Appellant, Bill White, Defendant.

United States Court of Appeals, Eleventh Circuit.

November 19, 1987.


Attorney(s) appearing for the Case

Charles K. Howard, Jr., Joseph M. Freeman, Elarbee, Thompson & Trapnell, Atlanta, Ga., William B. Hairston, Jr., Engel, Hairston, Moses & Johanson, Birmingham, Ala., for defendant-appellant.

Fletcher Farrington, Farrington & Abbot, Savannah, Ga., for amici curiae, appellee.

Robert L. Wiggins, Gordon, Silberman, Wiggins & Childs, Birmingham, Ala., for plaintiff-appellee.

Jack Drake, Tuscaloosa, Ala., for amici Drake, et al.

Thomas A. Warren, Tallahassee, Fla., for amici Warren, et al.

Larry Menefee, Blacksher, Menefee & Stein, P.A., Birmingham, Ala., for appellees.

Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK and EDMONDSON, Circuit Judges, and HENDERSON, Senior Circuit Judge.


Prior report: 795 F.2d 930.

BY THE COURT:

The judgment, 644 F.Supp. 22, is vacated and the case is remanded to the district court for reconsideration and appropriate additional findings in light of Commonwealth of Pennsylvania v. Delaware Valley Citizens Council for Clean Air, 483 U.S. 711, 107 S.Ct. 3078, 97 L.Ed.2d 585 (1987).

VACATED...

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