Duncan v. Poythress

Full title: ELIZABETH D. DUNCAN, ET AL., PLAINTIFFS-APPELLANTS, v. DAVID B. POYTHRESS…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Mar 20, 1985

756 F.2d 1481 (11th Cir. 1985)

Opinion

No. 84-8076.

March 20, 1985.

Kathleen Kessler, Atlanta, Ga., for plaintiffs-appellants.

Robert J. Winicki, Jacksonville, Fla., for amicus curiae Winicki.

Patrick McKee, Asst. Atty. Gen., Atlanta, Ga., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Georgia; Richard C. Freeman.

Before GODBOLD, Chief Judge, RONEY, TJOFLAT, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges.^_

_ Judge Hill is recused and did not participate in this decision.

ON SUGGESTION FOR REHEARING EN BANC [2] (Opinion January 24, 1985, 11th Cir., 1985, 750 F.2d 1540)

BY THE COURT:

A member of this Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the cause shall be reheard by this Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of en banc briefs. The previous panel's opinion is hereby VACATED.