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HERMAN v. NATIONSBANK OF GEORGIA

No. 95-8934.

135 F.3d 1409 (1998)

Alexis M. HERMAN, Secretary of the United States Department of Labor, Plaintiff-Appellee. v. NATIONSBANK OF GEORGIA, N.A.; Sovran Capital Management Corporation, a Virginia Corporation, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 25, 1998.

Attorney(s) appearing for the Case

Philip C. Cook, Ronald L. Reid, H. Douglas Hinson, David A. Beoit, Alston & Bird, Atlanta, GA, for Defendants-Appellants.

James L. Craig, Jr., Trial Atty., USDOL, Office of the Solicitor, Plan Benefits Security Div., Washington, DC, for Plaintiffs-Appellees.

Before COX and CARNES, Circuit Judges, and FAY, Senior Circuit Judge.

On Petition For Rehearing

PER CURIAM.

In its petition for rehearing, NationsBank asks us to modify our opinion, Herman v. NationsBank Trust Company (Georgia), 126 F.3d 1354 (11th Cir.1997). Specifically, NationsBank takes issue with our holding that the Polaroid ESOP participants were not given sufficient notice that they were fiduciaries with regard to the unallocated shares.

The best piece of evidence NationsBank...

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