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WAGNER v. DAEWOO HEAVY INDUSTRIES AMERICA CORP.

No. 01-11998.

314 F.3d 541 (2002)

Andrew J. WAGNER, Plaintiff-Appellant, v. DAEWOO HEAVY INDUSTRIES AMERICA CORPORATION, Jack Mosler, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 10, 2002.

Attorney(s) appearing for the Case

Stephen M. Katz, Atlanta, GA, for Plaintiff-Appellant.

L. Stanford Sherrill, Jr., Dudley Cecile Rochelle, Littler Mendelson, Atlanta, GA, for Defendants-Appellees.

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.

WILSON, Circuit Judge:

Andrew J. Wagner appealed the district court's dismissal of his case pursuant to Federal Rule of Civil Procedure 12(b)(6). He asserted that the district court erred in finding that he failed to state a claim upon which relief could be granted. After hearing oral argument, a panel of this Court vacated the district court's dismissal of Wagner's case. Wagner v. Daewoo Heavy Indus. Am. Corp.,

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