Summary
ordering that “the Findings of Fact and Conclusions of Law entered on July 24, 1987, are vacated and the cause is remanded with instructions to enter an order dismissing the case with prejudice”
Summary of this case from Clark Memorials of Alabama Inc. v. SCI Alabama Funeral Services LLCOpinion
No. 87-6108.
April 24, 1991.
James J. Kenny, Scott E. Perwin, Michael Nachwalter, Miami, Fla., for defendant-appellant.
Sylvia H. Walbolt, Tampa, Fla., for amicus curiae Florida Power.
William H. Harrold, Tallahassee, Fla., for amicus curiae Florida Pub. Serv. Com'n.
James R. Atwood, Washington, D.C., for amicus curiae Florida Power Light.
Philip A. Allen, III, Edward T. O'Donnell, William J. Dunaj, Teresa Ragatz, Miami, Fla., for plaintiff-appellee.
James R. McGibbon, Sutherland, Asbill Brennan, Atlanta, Ga., and Sutherland, Asbill Brennan, Washington, D.C., for amicus curiae Union Carbide.
Appeal from the United States District Court for the Southern District of Florida; Stanley Marcus, Judge.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATESORDER:
Pursuant to the order issued by the United States Supreme Court on March 18, 1991, City Gas Co. of Fla. v. Consolidated Gas Co. of Fla., ___ U.S. ___, 111 S.Ct. 1300, 113 L.Ed.2d 235 (1991), vacating the judgment of the en banc court, Consolidated Gas Co. of Fla. v. City Gas Co. of Fla., 912 F.2d 1262 (11th Cir. 1990), the decision of the United States District Court for the Southern District of Florida entered on August 14, 1987, and the Findings of Fact and Conclusions of Law entered on July 24, 1987, are vacated and the cause is remanded with instructions to enter an order dismissing the case with prejudice. Since the decision of the en banc court, the parties have reached a settlement and the case, therefore, is moot. See United States v. Munsingwear, Inc., 340 U.S. 36, 39, 71 S.Ct. 104, 106, 95 L.Ed. 36 (1950).