Earl E. GRAHAM, as PR of Faye Dale Graham, deceased, Plaintiff-Appellee,
v.
R.J. REYNOLDS TOBACCO COMPANY, individually and as successor by merger to the Brown and Williamson Tobacco Corporation and The American Tobacco Company, Philip Morris USA, Inc., Defendants-Appellants,
Lorillard Tobacco Company, et al., Defendants.
United States Court of Appeals, Eleventh Circuit.https://leagle.com/images/logo.png
Before TJOFLAT, Acting Chief Judge, HULL, MARCUS, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JULIE CARNES, and JILL PRYOR, Circuit Judges.
United States Court of Appeals, Eleventh Circuit.
BY THE COURT:
In an earlier order of this Court, we granted a petition for rehearing en banc in this case. After that order was issued, Chief Judge Carnes discovered that he may be recused and, in an abundance of caution to avoid any appearance of impropriety, he has recused himself from any participation in the decision of this case.
This court's earlier order granting rehearing en banc is therefore VACATED. As a majority of the judges of this Court in
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