PUBLISH
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
_________________
No. 96-9149
__________________
D. C. Docket No. 95-CV-101
SAM NICHOLSON, and All Other Persons
or Entities Similarly Situated,
Plaintiff-Appellant,
versus
HOOTERS OF AUGUSTA, INC.,
Defendant-Cross-Claimant-.
Third-Party Plaintiff-
Appellee,
BAMBI K. CLARK, d.b.a. Value
Fax of Augusta,
Defendant-Cross-Defendant-
Appellee.
_____________________
Appeal from the United States District Court
for the Southern District of Georgia
____________________
(April 29, 1998)
ON PETITION FOR REHEARING
Before DUBINA, Circuit Judge, HILL and GIBSON*, Senior
Circuit Judges.
PER CURIAM:
The Petition for Rehearing by the panel is granted.
The opinion issued on March 10, 1998 and reported at
136 F.3d 1287, is modified in the following respects.
The first paragraph, the last sentence, is modified to
read:
Because we conclude that Congress granted state
courts exclusive jurisdiction over private
actions under the Act, we vacate the judgment of
the district court, and remand this case to it
with directions to remand the case to the
Superior Court of Richmond County, Georgia.
The final sentence of the opinion is modified to read:
Accordingly, we VACATE the judgment of the
*Honorable JOHN R. GIBSON, Senior U.S. Circuit
Judge for the Eighth Circuit, sitting by
designation.
-2-
district court and REMAND this case to the
district court with directions to remand the
case to the Superior Court of Richmond County,
Georgia.
In all other respects, our opinion reported at
136
F.3d 1287 shall remain in full force and effect.
-3-
