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CLAY v. RIVERWOOD INTERN. CORP.

No. 97-8592.

176 F.3d 1381 (1999)

Forrest Kelly CLAY, individually and on behalf of all those similarly situated, Plaintiff-Appellant, v. RIVERWOOD INTERNATIONAL CORPORATION, Thomas H. Johnson, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 27, 1999.

Attorney(s) appearing for the Case

W. Pitts Carr, Jan Renee' Kastanakis, Carr Tabb & Pope, Atlanta, GA, for Plaintiff-Appellant.

John J. Dalton, Atlanta, GA, Alexander A. Yanos, David W. Rivkin, John H. Hall, New York, NY, for Defendants-Appellees.

Before DUBINA and CARNES, Circuit Judges.

ON PETITION FOR REHEARING.

PER CURIAM:

Upon consideration of the petition for rehearing, the prior opinion issued on October 14, 1998, and published at 157 F.3d 1259, is modified, as follows:

We vacate the introductory paragraph and also Part III A. of our prior opinion in this case, found at 157 F.3d at 1259, 1261, 1263-68, and adopt in their place the concurring opinion of Judge Carnes, which is found in 157 F...

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