WOODS v. BURLINGTON NORTHERN R. CO.

No. 84-7510.

818 F.2d 753 (1987)

Alan WOODS and Cara Woods, Plaintiffs-Appellees, v. BURLINGTON NORTHERN RAILROAD COMPANY, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 5, 1987.


Attorney(s) appearing for the Case

L. Vastine Stabler, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Kenneth D. Davis, Birmingham, Ala., for defendants-appellants.

Carlton T. Wynn, Mac Parsons, Hare, Wynn, Newell & Newton, William J. Wynn, Francis H. Hare, Jr., Alva C. Caine, Birmingham, Ala., for plaintiffs-appellees.

Before VANCE and JOHNSON, Circuit Judges, and MORGAN, Senior Circuit Judge.


ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

Pursuant to the mandate of the Supreme Court of the United States, ___ U.S. ___, 107 S.Ct. 967, 94 L.Ed.2d 1, this court's order, filed September 19, 1985 granting appellee's motion for a ten percent penalty assessment pursuant to Alabama statute is VACATED. The opinion and judgment of this court affirming the judgment of the district court...

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