[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
MAY 5 2000
THOMAS K. KAHN
No. 98-6404 CLERK
Non-Argument Calendar
________________________
D. C. Docket No. CV-98-G-117-S
BILL HARBERT CONSTRUCTION COMPANY,
a division of Bill Harbert International, Inc.,
Plaintiff - Counter-Defendant,
Appellee,
versus
CORTEZ BYRD CHIPS, INC.,
Defendant - Counter-Claimant,
Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Alabama
_________________________
(May 5, 2000)
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before TJOFLAT and EDMONDSON, Circuit Judges, and RONEY, Senior Circuit
Judge.
PER CURIAM:
This case comes before us by order of the United States Supreme Court, which
has reversed the judgment of this Court and remanded the case for our
reconsideration. See Cortez Byrd Chips, Inc. v. Bill Harbert Constr. Co., 529 U.S. ---,
(Mar. 21, 2000).
The judgment of the district court is, pursuant to the mandate of the Supreme
Court, reversed, and this case is remanded to the district court for further proceedings
consistent with the Supreme Court’s opinion.
REVERSED AND REMANDED.
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