Charlie Benson Bowen, Petitioner-appellee, v. Ralph Kemp, Warden Georgia Diagnostic and Classificationcenter, Respondent-appellant, 810 F.2d 1007 (11th Cir. 1987)

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US Court of Appeals for the Eleventh Circuit - 810 F.2d 1007 (11th Cir. 1987) Jan. 28, 1987

Susan V. Boleyn, William B. Hill, Jr., Asst. Attys. Gen., Atlanta, Ga., for respondent-appellant.

Paul H. Kehir, Snellville, Ga. (Court-appointed), for petitioner-appellee.

On Appeal from the United States District Court for the Northern District of Georgia; Harold L. Murphy, Judge.

Prior report: 11th Cir., 778 F.2d 623.

Before RONEY, Chief Judge, GODBOLD, TJOLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK and EDMONDSON, Circuit Judges.


ON SUA SPONTE RECONSIDERATION

BY THE COURT:

On the Court's own motion, a majority of the judges in active service having voted in favor of rehearing this appeal en banc,

IT IS ORDERED that the mandate issued on July 11, 1986, is RECALLED and that this case shall be heard by this court sitting 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 and the order entered on December 2, 1985, denying rehearing and rehearing en banc are VACATED.