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FLORIDA PROGRESS CORP. v. U.S.

No. 99-15389.

264 F.3d 1313 (2001)

FLORIDA PROGRESS CORPORATION, Plaintiff-Appellant-Cross Appellee, v. UNITED STATES of America, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 10, 2001.

Attorney(s) appearing for the Case

Richard P. Swanson, New York City, for Florida Progress Corp.

Bruce R. Ellison, Paula K. Speck, Tax Div., Dept. of Justice, Washington, DC, for U.S.

Before BLACK, FAY and COX, Circuit Judges.

PER CURIAM:

This court issued an unpublished opinion in this case affirming the district court's decision, with a dissent. The appellant Florida Progress Corporation has petitioned for rehearing, asking in part that this court publish its opinion in order to provide guidance on the second issue Florida Progress raises — the immediate deductibility of trenching costs. The petition is GRANTED to that extent we vacate our unpublished opinion and substitute the...

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