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NICHOLSON v. HOOTERS OF AUGUSTA, INC.

No. 96-9149.

140 F.3d 898 (1998)

Sam NICHOLSON, Appellant, v. HOOTERS OF AUGUSTA, INC. and Bambi K. Clark d/b/a Value-Fax of Augusta, Appellees.

United States Court of Appeals, Eleventh Circuit.

April 29, 1998.

Attorney(s) appearing for the Case

Harry D. Revell, Burnside, Wall, Daniel, Ellison & Revell, Augusta, GA, for Appellant.

Henry E. Scrudder, Jr., William W. Horlock, Jr., Goldner, Sommers, Scrudder & Bass, Atlanta, GA, for Appellees.

Before DUBINA, Circuit Judge, and HILL and JOHN R. GIBSON, Senior Circuit Judges.

PER CURIAM:

The Petition for Rehearing by the panel is granted.

The opinion issued on March 10, 1998 and reported at 136 F.3d 1287, is modified in the following respects. The first paragraph, the last sentence, is modified to read:

Because we conclude that Congress granted state courts exclusive jurisdiction over private actions under the Act, we vacate the judgment of the district court, and remand this case to it...

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