[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
OCTOBER 23, 2001
No. 97-8597
THOMAS K. KAHN
CLERK
JOHN B. O’NEAL., III,
Plaintiff-Appellant,
versus
JEANETTE G. GARRISON; et al.,
Defendants-Appellees.
Appeal from the United States District Court for the
Southern District of Georgia
(October 23, 2001)
PETITIONS FOR REHEARING
Before BARKETT, GODBOLD and GOODWIN*, Circuit Judges.
PER CURIAM:
_______________________
*Honorable Alfred T. Goodwin, U.S. Circuit Judge for the Ninth Circuit, sitting by designation.
The petition for rehearing by Christopher Garrison correctly notes that he
was not named as a defendant in Count I of the second amended complaint. Our
opinion is amended accordingly.
Our opinion referred to summary judgment granted to Molloy. In fact, the
district court denied Molloy’s motion for summary judgment, but at the conclusion
of trial testimony it granted judgment as a matter of law for Molloy on Count V,
the tortious interference claim, and it dismissed the Count V claim against
Healthmaster, Molloy’s employer, whose only exposure was derivative of
Molloy’s exposure. Our opinion is amended to show that the order granted to
Molloy was judgment as a matter of law on Count V.
The petition for rehearing filed by Molloy and Healthmaster, Inc. asserts
that, in view of the court’s ruling on Count V, it erred in not dismissing the Count I
and Count III claims against them. The petition is DENIED.
Appellant John B. O’Neal has filed an “opposition” to the petitions for
rehearing filed by Molloy and Healthmaster, Inc., in which he contends that the
court erred in granting judgment for Molloy on Count V. We treat this as a
petition for rehearing on that point, and it is DENIED.
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