William Alvin Smith, Petitioner-appellant, Cross-appellee, v. Walter Zant, Warden, Georgia Diagnostic and Classificationcenter, Respondent-appellee, Cross-appellant, 873 F.2d 253 (11th Cir. 1989)

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U.S. Court of Appeals for the Eleventh Circuit - 873 F.2d 253 (11th Cir. 1989) May 2, 1989

Stephen H. Glickman, Auckerman, Spaeder, Goldstein, Taylor & Kolker, Washington, D.C., and Stephen B. Bright, Atlanta, Ga., for petitioner-appellant, cross-appellee.

Dennis R. Dunn, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee, cross-appellant.

Appeals from the United States District Court for the Middle District of Georgia; Duross Fitzpatrick, District Judge.

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


ON SUGGESTION FOR REHEARING IN BANC

(Opinion August 26, 1988, 11th Cir., 1988, 855 F.2d 712)

BY THE COURT:

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

IT IS ORDERED that the above cause shall be reheard by this court in banc with oral argument during the week of June 5, 1989, on a date hearafter to be fixed. The clerk will specify a briefing schedule for the filing of in banc briefs. The previous panel's opinion is hereby VACATED.