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Oliver v. Coca Cola Co.

Citations: 506 F.3d 1316; 2007 U.S. App. LEXIS 26284Docket: Nos. 05-16509, 05-17072

Court: Court of Appeals for the Eleventh Circuit; November 5, 2007; Federal Appellate Court

Narrative Opinion Summary

The Petition for Rehearing filed by The Coca-Cola Company has been granted by the court, acknowledging that the previous consideration of the Plan’s offset provision was premature. Consequently, Section II.F of the opinion from the appeal (497 F.3d 1181, dated August 29, 2007) has been vacated. The court will stay the reconsideration of this issue until it reaches a decision in the related case, White v. The Coca-Cola Company, Case No. 07-13938.

Legal Issues Addressed

Petition for Rehearing

Application: The court grants the petition for rehearing filed by The Coca-Cola Company, indicating that a previous decision was made prematurely.

Reasoning: The Petition for Rehearing filed by The Coca-Cola Company has been granted by the court, acknowledging that the previous consideration of the Plan’s offset provision was premature.

Stay of Reconsideration

Application: The court decided to stay the reconsideration of the issue until a related case is resolved, indicating a dependency on the outcome of a separate legal matter.

Reasoning: The court will stay the reconsideration of this issue until it reaches a decision in the related case, White v. The Coca-Cola Company, Case No. 07-13938.

Vacating of Appellate Opinion

Application: The court vacated a section of its prior opinion on appeal due to the grant of rehearing, nullifying the earlier decision on that section.

Reasoning: Consequently, Section II.F of the opinion from the appeal (497 F.3d 1181, dated August 29, 2007) has been vacated.