CORBITT v HOME DEPOT U.S.A., INC. Case No. 08-12199. March 10, 2010

DAVID W. CORBITT, ALEXANDER J. RAYA, JR., Plaintiff-Appellants, v. HOME DEPOT U.S.A., INC., Defendant-Appellee. 11th Circuit. Case No. 08-12199. March 10, 2010. On Appeal from the United States District Court for the Southern District of Alabama (No. 06-00860-CV-CG-M).

(Before DUBINA, Chief Judge, TJOFLAT, EDMONDSON, BIRCH, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR, and MARTIN, Circuit Judges.)

[Original Opinion at 21 Fla. L. Weekly Fed. C2019a;

Substituted Opinion at 22 Fla. L. Weekly Fed. C295a]
BY THE COURT:

A member of this Court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.

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