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ADVANCE UNITED EXPRESSWAYS, INC. v. EASTMAN KODAK COMPANY

No. 91-1320.

990 F.2d 184 (1993)

ADVANCE UNITED EXPRESSWAYS, INC., Plaintiff-Appellee, v. EASTMAN KODAK COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 22, 1993.

Attorney(s) appearing for the Case

Byron D. Olsen, Felhaber, Larson, Fenlon & Vogt, Barbara R. Kueppers, Minneapolis, MN, for Eastman Kodak.

Nicholas J. DiMichael, Richard D. Fortin, Donelan, Cleary, Wood & Maser, Washington, DC, for amicus curiae — Nat. Indus. Transp. League.

Judith A. Albert, Atty., I.C.C., Washington, DC, for amicus curiae I.C.C.

Daniel J. Sweeney, McCarthy, Sweeney & Harkaway, Washington, DC, Paul O. Taylor, Minneapolis, MN, David G. Sperry, Independence, MO, for amicus curiae — Health & Personal Care Dist. Conference, et al.

Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.

ON PETITION FOR REHEARING & SUGGESTION FOR REHEARING EN BANC

(Opinion June 26, 5th Cir., 1992 965 F.2d 1347)

BY THE COURT:

To the extent that our opinion of June 26, 1992, 965 F.2d 1347, is in conflict with Reiter v. Cooper, ___ U.S. ____, 113 S.Ct. 1213, 122 L.Ed.2d 604 (1993), it has been overruled. In all other respects, the petition for rehearing is DENIED. The case...

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