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BATEMAN v. MNEMONICS, INC.

No. 93-3234.

79 F.3d 1532 (1996)

Brian E. BATEMAN; Charles H. Fricker, Plaintiffs-Counter-Defendants, Appellees-Cross-Appellants, v. MNEMONICS, INC.; Harry Thompson, President; David Katz, Vice President; Parking Automation Corporation; Joe Guidage, President, et al., Defendants-Counter-Claimants, Third-party-Plaintiffs, Appellants-Cross-Appellees, City of Miami, an entity organized and existing under the laws of the State of Florida; Department of Off-Street Parking of the City of Miami, an agency and instrumentality of the City of Miami, Florida; Generex Corporation, a Florida Corporation, Third-party-Defendants.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied May 30, 1996.

Attorney(s) appearing for the Case

Michael Kahn, Michael Kahn, P.A. Melbourne, Florida, Lawrence K. Nodine, Needle & Rosenberg, Atlanta, GA, for appellants.

Peter M.C. Choy, Mountain View, CA, for American Committee for Interoperable Systems.

Herbert L. Allen, Allen, Dyer, Doppelt, Franjola & Milbrath, Orlando, FL, for appellees.

Before BIRCH and DUBINA, Circuit Judges, and JOHNSON, Senior Circuit Judge.

ON PETITION FOR REHEARING

BIRCH, Circuit Judge:

Pursuant to Federal Rule of Appellate Procedure 40(a), the panel hereby grants the appellees' petition for rehearing, withdraws the previous panel opinion dated December 22, 1995, and substitutes the following opinion:

This appeal requires us to address two issues of first impression in this circuit: (1) what methodology is to be employed in analyzing claims...

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