George Guy Derden, Iii, Plaintiff-appellant, v. Sheriff Sammie Mcneel and Attorney General--state Ofmississippi, Defendants-appellees, 947 F.2d 147 (5th Cir. 1991)

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U.S. Court of Appeals for the Fifth Circuit - 947 F.2d 147 (5th Cir. 1991) Oct. 31, 1991

Leslie Joyner Bobo, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss. (court appointed), for plaintiff-appellant.

Charlene R. Pierce, Sp. Asst. Atty. Gen., Marvin L. White, Asst. Atty. Gen., and Mike Moore, Atty. Gen., Jackson, Miss., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Mississippi; Glenn H. Davidson, Judge.

ON SUGGESTION FOR REHEARING EN BANC

(Opinion August 16, 1991, 5 Cir., 1991, 938 F.2d 605)

Before CLARK, Chief Judge, REYNALDO G. GARZA, POLITZ, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER and EMILIO M. GARZA, Circuit Judges.* 


BY THE COURT:

ON FURTHER CONSIDERATION, the panel's order of September 13, 1991, denying rehearing and rehearing en banc is withdrawn. A majority of the judges in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that this cause shall be reheard by the court en banc without oral argument. The Clerk will specify a briefing schedule for the filing of supplemental briefs.

 *

Judge Barksdale is recused, and therefore did not participate in this decision

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