Summary
stating that "EMCs could have filed actions in state court pursuant to O.C.G.A. § 50-5-79 for the purpose of rescinding the contracts with Georgia Power and/or to recover their bid preparation costs"
Summary of this case from Brooks v. BarrettOpinion
Nos. 94-9199, 94-9227.
March 19, 1996.
Michael J. Bowers, State Attorney General, Neal Bradley Childers, William F. Amideo, Atlanta, GA, for appellants in No. 94-9199.
James Allen Orr, Sutherland, Asbill Brennan, Dulaney L. O'Roark, III, Atlanta, GA, Kathy Renee Bess, FDIC, Legal Div., Atlanta, GA, for appellee in No. 94-9199.
Michael J. Bowers, State Attorney General Daryl Alan Robinson, Asst. Atty. Gen., Neal Bradley Childers, William F. Amideo, for appellants in No. 94-9227.
Robert P. Edwards, Jr., Kevin Charles Greene, Charles Frederick Palmer, Susan P. Wilkerson, Eric A. Szweda, Troutman Sanders, Atlanta, GA, for Georgia Power.
James Allen Orr, Dulaney, L. O'Roark, III, Sutherland, Asbill Brennan, Atlanta, GA, James Elwood Friese, Office of James Elwood Friese, Cuthbert, GA, Kathy Renee Bess FDIC, Legal Division, Atlanta, GA, for appellee in No. 94-9227.
Appeals from the United States District Court for the Northern District of Georgia (No. 1:90-CV-1550-HTW); Horace T. Ward, Senior District Judge.
Before BARKETT, Circuit Judge, and HENDERSON and CLARK, Senior Circuit Judges.
CORRECTED OPINION
Our earlier opinion, reported at 68 F.3d 1309, is hereby modified by withdrawing the third sentence of the first full paragraph on page 1313, which states "It has also become evident, in light of McKinney, that the EMCs' procedural due process claims are not ripe for review[,]" and substituting in its place the following:
It has also become evident, in light of McKinney, that the EMCs failed to state a procedural due process claim.
The judgment of the court and the remainder of the opinion are unchanged and remain in full force and effect.