Jerry St. John, Petitioner-appellee, v. W. J. Estelle, Jr., Director, Respondent-appellant, 549 F.2d 1045 (5th Cir. 1977)

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US Court of Appeals for the Fifth Circuit - 549 F.2d 1045 (5th Cir. 1977) March 17, 1977

Marianne Wesson Cantrick, Asst. Atty. Gen., John L. Hill, Atty. Gen., Richel Rivers, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Ray J. McQuary, Ken Anderson, Staff Counsel for Inmates, Darrington Unit, Rosharon, Tex., for petitioner-appellee.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion January 3, 1977, 5 Cir., 1977, 544 F.2d 894).

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL and FAY, Circuit Judges.


BY THE COURT:

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

IT IS ORDERED that the cause shall be reheard by the Court en banc on briefs without oral argument. The Clerk shall set a briefing schedule for the filing of supplemental briefs.

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