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McMAHAN v. TOTO

Nos. 00-10323, 00-14728.

311 F.3d 1077 (2002)

D. Bruce McMAHAN, Nemesis Veritas, f.k.a., McMahan & Company, Plaintiffs-Appellants, v. William A. TOTO, Defendant-Appellee. D. Bruce McMahan, Nemesis Veritas, f.k.a. McMahan & Company, Plaintiffs-Appellants-Cross-Appellees, v. William A. Toto, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 6, 2002.

Attorney(s) appearing for the Case

Patti E. Evans, Leigh R. Isaacs, New York City, for Plaintiffs-Appellants.

Hendrik G. Milne, Aballi, Milne, Kalil & Garrigo, P.A., Miami, FL, for Defendant-Appellee.

Before CARNES and MARCUS, Circuit Judges, and HAND, District Judge.

CARNES, Circuit Judge:

Recent events in this case illustrate that "when we write to a state law issue, we write in faint and disappearing ink." Sultenfuss v. Snow, 35 F.3d 1494, 1504 (11th Cir.1994) (en banc) (Carnes, J., dissenting). The disappearing ink here is that which we used in our previous opinion in this case to express our holding about whether the Florida Supreme Court...

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