Elliott by and Through Elliott v. U.S.

Full title: DAVID E. ELLIOTT, JR., AN INCAPACITATED ADULT BY AND THROUGH HIS GUARDIAN…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Nov 8, 1994

37 F.3d 617 (11th Cir. 1994)

Opinion

No. 93-8027.

November 8, 1994.

H. Randolph Aderhold, Jr., Asst. U.S. Atty., Macon, GA, Vicki Raines Crowell, Dept. of the Army, Office of the Staff Judge Advocate, Fort Benning, GA, Lowell V. Sturgill, Jr., Robert S. Greenspan, U.S. Dept. of Justice, Washington, DC, for appellant.

Paul Van Kilpatrick, Max Reginald McGlamry, Charles Neal Pope, Columbus, GA, Wade H. Tomlinson, III, Michael L. McGlamry, Steven W. Saccoccia, Pope, McGlamry, Kilpatrick Morrison, Atlanta, GA, for appellees.

Appeal from the United States District Court for the Middle District of Georgia (No. 91-55-COL), J. Robert Elliott, Judge.

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges, and FAY^_, Senior Circuit Judge.

_ Senior U.S. Circuit Judge Fay elected to participate in this decision pursuant to 28 U.S.C. § 46(c).

PER CURIAM:

The judges of the en banc court are equally divided on the proper disposition of this case. Therefore, the judgment of the district court is AFFIRMED by operation of law. See, e.g., Smith v. Zant, 887 F.2d 1407, 1408 (11th Cir. 1989); Reshard v. Britt, 839 F.2d 1499 (11th Cir. 1988).