[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
NOV 06, 2007
Nos. 05-16509 & 05-17072 THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 04-02684-CV-AR-M
THERON OLIVER,
Plaintiff-Appellee,
versus
COCA COLA COMPANY,
BROADSPIRE SERVICES, INC.,
Defendants-Appellants.
________________________
Appeals from the United States District Court
for the Northern District of Alabama
_________________________
ON PETITION FOR REHEARING
Before BIRCH and BLACK, Circuit Judges, and PRESNELL,* District Judge.
*
Honorable Gregory A. Presnell, United States District Judge for the Middle District of
Florida, sitting by designation.
BY THE COURT:
In acknowledgment that our consideration of the Plan’s offset provision was
premature, the Petition for Rehearing filed by The Coca-Cola Company is
GRANTED. Section II.F of our opinion in this appeal, 497 F.3d 1181, dated 29
August 2007 is VACATED, and reconsideration of the issue is STAYED pending
the Court’s decision in White v. The Coca-Cola Company, Case No. 07-13938.
2