Jefferson County v. Acker

Full title: JEFFERSON COUNTY, A political subdivision of the State of Alabama…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Jan 12, 1996

73 F.3d 1066 (11th Cir. 1996)

Opinion

No. 94-6400

Filed January 12, 1996

Edwin A. Strickland, Jeffrey M. Sewell, Charles S. Wagner, Birmingham, AL, for appellant.

Irwin W. Stolz, Jr., Seaton D. Purdom, Gambrell Stolz, Atlanta, GA, for Acker Clemon.

Kevin M. Forde, Richard J. Prendergast, Chicago, IL, for Federal Judges Association (amicus).

Appeal from the United States District Court for the Northern District of Alabama.

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.¹

1 Senior U.S. Circuit Judge Albert J. Henderson has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. §(s) 46(c).

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion August 21, 1995, 11th Cir., 1995, 61 F.2d 848)

BY THE COURT:

A member of this court in active service having requested a poll on the suggestion 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 above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.