Opinion
No. 04-13210.
November 1, 2005.
Edward Adam Webb, Webb Porter, Atlanta, GA, for Plaintiff-Appellant.
Dennis A. Davenport, McNally Fox Grant, Fayetteville, GA, for Defendant-Appellee.
On Appeal from the United States District Court for the Northern District of Georgia (No. 03-00023-CV-JTC-3); Jack T. Camp, Judge.
(Opinion June 9, 2005, 411 F.3d 1272, 11th Cir. 2005)
Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.
Senior United States Circuit Judge Phyllis A. Kravitch has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
BY THE COURT:
A member of this Court in active service having requested a poll on the suggestion of 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.