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SWEET LIFE v. DOLE

No. 88-2840.

876 F.2d 402 (1989)

The SWEET LIFE, Plaintiff-Appellant, v. Elizabeth DOLE, Secretary of Labor, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 28, 1989.

Attorney(s) appearing for the Case

Bruce A. Coane, Houston, Tex., for plaintiff-appellant.

Vincent C. Costantino, U.S. Dept. of Labor, Washington, D.C., William Yahner, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., for defendants-appellees.

Before GOLDBERG, REAVLEY and HIGGINBOTHAM, Circuit Judges.

GOLDBERG, Circuit Judge:

The Sweet Life, a furniture manufacturer and retailer, appeals from the district court's decisional composition in this case, contending that the judgment below is marred by sour notes. We decline the appellant's request to rescore the district court's work. Because we detect certain prudential cacophonies in the court's composition, however, we vacate the judgment and remand for an appropriately melodic resolution of this dispute.

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