Burleson v. Coastal Recreation, Inc.

JOHN R. BROWN, Chief Judge, with whom Judges GODBOLD and TJOFLAT, Circuit Judges,

join, dissenting:

I dissent to the Court’s unenbancing the case and refusing to reconsider the panel’s opinion. More so, I dissent to the Court’s putting the imprimatur of the whole Court on the decision of the panel. The panel’s decision, with deference, is simply wrong. It flies in the face of our decision in Fawvor v. Texaco, Inc., CA 5, 1977, 546 F.2d 636,1 and worse, the Supreme Court’s decision in Owen Equipment and Erection Co. v. Kroger, 1978, 437 U.S. 365, 98 S.Ct. 2396, 57 L.Ed.2d 274.

Burleson appeals…