ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
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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