ALLAPATTAH SERVICES, INC. v. EXXON CORP.

Nos. 01-15575, 01-16244.

362 F.3d 739 (2004)

ALLAPATTAH SERVICES, INCORPORATED, a Florida corporation, Robert Lewis, Inc., a Florida corporation, d.b.a. Trial Exxon, G.G.S.K.1, Inc., a Florida corporation, d.b.a. North Stuart Exxon, G.G.S.K., Inc., et al., Plaintiffs-Appellees, Cross-Appellants, Roy Page, Glebe Road Exxon, Incorporated, Plaintiffs, v. EXXON CORPORATION, a New Jersey corporation, Defendant-Appellant, Cross-Appellee. Allapattah Services, Incorporated, a Florida corporation, Robert Lewis, Inc., a Florida corporation, d.b.a. Northlake Exxon, d.b.a. Trial Exxon, G.G.S.K.1, Inc., a Florida corporation, d.b.a. North Stuart Exxon, G.G.S.K., Inc., et al., Plaintiffs-Appellees, Roy Page, et al., Plaintiffs, v. Exxon Corporation, a New Jersey corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 15, 2004.


Attorney(s) appearing for the Case

John F. Stanton, Robert G. Abrams, Robert J. Brookshiser, Jr., Jerrold J. Ganzfried, Howrey, Simon, Arnold & White, LLP, Washington, DC, Larry S. Stewart, Stewart, Tilghman, Fox & Bianchi, P.A., Miami, FL, for Exxon Corp.

Eugene E. Stearns, Mark P. Dikeman, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Jay Solowsky, Pertnoy, Solowsky & Allen, P.A., Miami, FL, for Allapattah Services, Inc. and Robert Lewis, Inc.

James E. Cecchi, Carella, Byrne, Bain, Gilfillan, Cecchi & Stewart, Roseland, NJ, Amicus Curiae for New Jersey, Maryland and Virginia.

Before EDMONDSON, Chief Judge, and TJOFLAT, BIRCH, BLACK, CARNES, BARKETT and WILSON, Circuit Judges.


ORDER:

The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Petition for Rehearing En Banc is DENIED.

TJOFLAT, Circuit Judge, dissenting from the Denial of Rehearing En Banc, in which BIRCH, Circuit Judge, joins...

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